Request for Qualifications (RFQ) for Shared Savings Financing for Energy Efficiency Upgrades RFQ No: DMS-14/15-031 Via: The Consultants Competitive Negotiations Act and Chapter 255, Florida Statutes The State of Florida Department of Management Services Procurement Officer: Jessalyn Tillman Procurement Officer, Division of Departmental Purchasing Florida Department of Management Services 4050 Esplanade Way, Suite 335B Tallahassee, FL 32399-0950 Email: DMS.Purchasing@dms.myflorida.com Page 1 of 24
TABLE OF CONTENTS SECTION 1. INTRODUCTION... 4 1.1 Invitation... 4 1.2 Solicitation Objectives and Goals... 4 1.2.1 Project Specific Priorities... 4 1.2.2 Vendor Engagement... 4 1.2.3 Services... 5 1.2.4 Design Requirements... 6 1.2.5 Applicability... 7 1.3 Background and Technical Requirements... 7 1.4 Term... 7 1.5 Special Accommodations... 7 1.6 Procurement Officer... 7 1.7 Contractor Technical Requirements... 7 1.7.1 Company/Corporate Qualifications... 7 1.7.2 Key Personnel Qualifications... 8 1.7.3 Project History... 9 SECTION 2. RFQ PROCESS... 9 2.1 General Overview of the RFQ Process... 9 2.1.1 Respondent Questions... 9 2.2 Timeline of Events... 9 2.3 Addendum to the RFQ... 10 2.4 Contract Formation... 10 2.5 Disclosure of Proposal Contents... 10 2.6 Withdrawal of Proposals... 10 2.7 Diversity... 10 2.8 Subcontracting... 10 SECTION 3. PROPOSAL INSTRUCTIONS... 11 3.1 Introduction... 11 3.2 MFMP Registration... 11 3.3 Who May Respond... 11 3.4 Florida Substitute Form W-9 Process... 11 3.5 Qualification Questions... 11 3.6 How to Submit a Proposal... 12 3.7 Contents of Proposal Submission... 12 3.8 Redacted Submissions... 13 Page 2 of 24
3.9 Additional Information... 14 SECTION 4. SELECTION METHODOLOGY... 14 4.1 Evaluation Criteria... 14 4.2 Proposal Evaluation... 15 4.3 Basis of Award... 15 4.4 Selection and Notice of Intent to Award Contract... 15 4.5 Posting of Decision... 15 SECTION 5. AWARD... 15 5.1 Department s Reserved Rights for Award... 15 5.2 Protests... 16 5.2.1 Time Limits for Filing Protests... 16 5.2.2 Bond Must Accompany Protest... 16 FORM 1 RESPONDENT S CONTACT INFORMATION... 17 FORM 2 - NOTICE OF CONFLICT OF INTEREST... 18 FORM 3 - NON-COLLUSION AFFIDAVIT... 19 FORM 4 - STATEMENT OF NO INVOLVEMENT... 20 FORM 5 BUSINESS/CORPORATE REFERENCE... 21 FORM 6 ADDENDUM ACKNOWLEDGEMENT FORM... 22 FORM 7 SUBCONTRACTING... 23 FORM 8 QUALIFYING QUESTIONS... 24 ATTACHMENTS Attachment A: Model Contract (Shared Savings Proposal Agreement) Attachment B: Model Contract (Shared Savings Contract) Attachment C: Energy Strategy Flowchart Page 3 of 24
SECTION 1. INTRODUCTION 1.1 Invitation The Florida Department of Management Services Division of Real Estate Development and Management (Department) is issuing this Request for Qualifications (RFQ) to establish a contract for delivering energy efficiency upgrades in state buildings through shared savings financing (Shared Savings). The RFQ will be administered through the Vendor Bid System (VBS) and the DMS website. Respondents interested in submitting a proposal must comply with all of the terms and conditions described in this RFQ. 1.2 Objectives and Goals The objective of this RFQ is to award multiple vendors to form a pre-qualified vendor pool that will partner with the state for shared savings financing of energy efficiency upgrade projects as contemplated by subsections 255.252(4) and 255.253(5), Florida Statutes. The goals of the Shared Savings initative and this RFQ are as follows: Further reduce the consumption of energy in state-owned buildings. Further reduce energy costs, which have proven to be the largest single cost associated with the operation and maintenance of state-owned buildings. Develop a contract vehicle that promotes continuous improvement through the continual monitoring, calibration, and adjustment of energy-consuming systems in state-owned buildings. Develop a contract vehicle that better synchronizes the state to emerging energy technologies through the faster deployment of new energy-related products and services. 1.2.1 Project Specific Priorities The intent of this RFQ is to encourage small and large contractors alike to partner with the state to develop shared savings opportunities for energy efficiency upgrades in state buildings. The shared savings delivery model will allow a portion of the resulting energy cost savings to be paid regularly to the vendors for the purpose of recouping costs and profit; these vendor payments will be based solely on measured reductions in energy consumption so that a strong link between payment and performance is established. The shared savings model will also provide vendors the incentive of being compensated for producing excess energy savings. The purpose of this incentive is to encourage continuous improvements in building energy performance, but also to promote the faster deployment of new energy-related technologies as they come to market during the contract. 1.2.2 Vendor Engagement The Department intends to award multiple vendors to form a pre-qualified vendor pool. However, the Department reserves the right to award one Respondent, multiple Respondents by geographic area, or make no award, whichever is determined to be in the best interest of the state. Once the pre-qualified vendor pool is selected a continuing contract will be entered into in order for the Shared Savings initiatives to be performed with those pre-qualified vendors. The Department can then request services from the qualified vendor pool by issuing task orders through a formal RFQ selection process. Factors such as vendor workloads, vendor availability, bonding capacity, critical timelines, and special technical needs may preclude the assignment of task orders through an RFQ process. For specific task orders, the Department will engage the pre-qualified vendors in two phases through the model contract language included in this RFQ as Attachments A and B. The first phase will entail developing a project proposal (Attachment A). The second phase will be the actual Shared Savings Contract which will include the implementation of energy efficiency measures and the ongoing shared savings transaction over the designated term (Attachment B). The model Shared Savings contract language (Attachments A and B) have been provided here for contract language approved and agreed to by the pre-qualified vendor if and when a Shared Savings Contract is entered into. Page 4 of 24
1.2.3 Services The Department will award Respondents based on the service categories listed below. The Department reserves the right to award each Respondent all categories, a single category, or any combination of categories thereof. The service categories are as follows: Category 1 Electrical Systems This category may include, but not be limited to, retrofits, upgrades, modifications, and replacements to any of the following systems: a. Interior lighting b. Exterior lighting c. Lighting controls (equipment and strategies) d. Electrical distribution gear e. Emergency/back-up generators f. Solar photovoltaic power generation g. Energy data collection hardware, software, and analysis h. Any other component, equipment, or device related to building electrical systems and approved by the Department. Category 2 Heating, Ventilation, and Air-Conditioning (HVAC) Systems This category may include, but not be limited to, retrofits, upgrades, modifications, and replacements to any of the following systems: a. Chillers b. Boilers c. Hydronic heat transfer and distribution systems d. Air-handling units e. Cooling towers f. Air-conditioning and heating units (all types) g. Air distribution systems h. Ventilation systems i. Exhaust systems j. HVAC controls (equipment and strategies) k. Geothermal heat transfer systems l. Heat exchangers m. Demand limiting systems n. Energy data collection hardware, software, and analysis o. Any other component, equipment, or device related to building HVAC systems and approved by the Department. Category 3 Water and Recycling Systems This category may include, but not be limited to, retrofits, upgrades, modifications, and replacements to any of the following systems: a. Restroom water fixtures b. Water fountains c. Water heating systems d. Solar thermal water heating e. Irrigation systems f. Irrigation controls (equipment and strategies) g. Reuse water systems h. Wastewater systems i. Water recycling systems and programs j. Wastewater recycling systems and programs k. Energy data collection hardware, software, and analysis Page 5 of 24
l. Any other component, equipment, device, or program related to water and recycling systems and approved by the Department. Category 4 Building Commissioning This category may include, but not be limited to, testing, adjusting, or calibrating any of the following building systems: a. HVAC equipment and control systems b. Lighting equipment and control systems c. Power distribution equipment and control systems d. Water, wastewater, and irrigation systems e. Demand limiting systems f. Energy data collection hardware, software, and analysis g. Any other component, equipment, device, or service related to building energy usage and approved by the Department. Category 5 Energy Data Collection Hardware, Software, and Analysis This category of services will allow the direct purchase of hardware and software products, outside of a shared savings contract, for the purpose of energy data collection, reporting, and other related functions. These products and services may include, but not be limited to, the following products and services: a. Metering devices (all utilities) b. Communication panels (for connecting meters to outside networks) c. Energy management software programs/dashboards (including cloud-based applications) d. Energy audit services e. Any other component, equipment, device, or service related to energy data collection hardware and software and approved by the Department. 1.2.4 Design Requirements The overall focus of the resulting contract(s) and task orders shall include the following: Integrating sustainable strategies to minimize energy consumption and conserve resources. Minimizing adverse effects to the environment. Improving occupant productivity, health, and comfort. Reducing the total cost of ownership of the project using a total life-cycle approach. The facility and all site features shall be designed and constructed to comply with the current Florida Building Code, DMS Design and Construction Guidelines, the State Energy Management Plan, and all other applicable technical standards. In addition, no strategies or features incorporated to reduce energy consumption or costs shall prevent compliance with any of the following sustainable building rating systems or national model green building codes outlined in subsection 255.253(7), Florida Statutes: The United States Green Building Council (USGBC) Leadership in Energy and Environmental Design (LEED) rating system. The International Green Construction Code (IGCC). The Green Building Initiative s Green Globes rating system. The Florida Green Building Coalition standards. The services shall incorporate sustainable design strategies and features to the fullest extent possible, consistent with the intent expressed in section 255.252, Florida Statutes, as well as the mission and budgetary requirements of the Department. Page 6 of 24
1.2.5 Applicability Task orders issued under this contract will be for existing facilities. Continuity of operations and uninterrupted use of the facilities may necessitate that work be performed outside of normal business hours. Utility outages should be minimized and must be approved in advance by the Department and coordinated with the building manager or Department s designee. 1.3 Background and Technical Requirements The primary purpose of this RFQ is to create a list of qualified vendors to perform work for the Department, under the 2008 Energy Conservation and Sustainable Buildings Act, codified in section 255.251, Florida Statutes. The intent of this RFQ is to comply with the requirements in subsection 255.252(4), Florida Statutes, which requires the selection of shared savings vendors to be performed in compliance with the qualifications-based selection requirements of section 287.055, Florida Statutes. Other state agencies will be eligible to utilize the resultant contract(s) through the existing oversight and project management services provided by the Department. In such cases, the Department will develop and guide the implementation of shared savings opportunities in partnership with the client agencies through a formal agreement process that already exists for the purpose of gaining access to the Department s construction services. To that end, the Energy Strategy Flowchart (Attachment C) will be used by the Department in consultation with client agencies to develop broader energy strategies and plan task orders. 1.4 Term The initial term of the continuing contract(s) with the pre-qualified vendors will be three (3) years with up to three (3) one (1) year renewals. The continuing contract(s) may be renewed in whole or in part for a period that will not exceed the renewal years. 1.5 Special Accommodations Any person requiring a special accommodation due to a disability should contact the Department s Americans with Disabilities Act (ADA) Coordinator for facilities management at (850) 922-7535, or via email at: http://www.dms.myflorida.com/agency_administration/human_resources/dms_contacts_by_role Requests for accommodation for meetings must be made at least five workdays prior to the meeting. A person who is hearing or speech impaired can contact the ADA Coordinator by using the Florida Relay Service at (800) 955-8771 (TDD). 1.6 Procurement Officer The Procurement Officer is the sole point of contact from the release date of this RFQ until the contract award is made. Procurement Officer for this RFQ is: Jessalyn Tillman Procurement Officer, Departmental Purchasing Florida Department of Management Services 4050 Esplanade Way, Suite 335B, Tallahassee, FL 32399-0950 Phone: (850) 410-0102 Email: DMS.Purchasing@dms.myflorida.com ***ALL EMAILS TO THE PROCUREMENT OFFICER SHALL CONTAIN THE RFQ NUMBER IN THE SUBJECT LINE OF THE EMAIL.*** 1.7 Contractor Technical Requirements 1.7.1 Company/Corporate Qualifications It is the intent of this RFQ to select, based on qualifications, both small and specialized contractors as well as large whole building performance contractors. Each Respondent must demonstrate technical expertise that will allow them to partner with the Department to develop and implement Page 7 of 24
Shared Savings opportunities. Typical project work may include, but is not limited to, the following types of systems: Digital controls and metering installation Building automation system operation and programming Building and/or systems commissioning Lighting system modifications HVAC system evaluation and operation Steam plant evaluation and operation Chiller plant evaluation and operation Respondents must demonstrate their qualifications, experience, and abilities to deliver the following types of services: Mechanical and electrical analyses, reports, and studies Field investigation Preparation of drawings and specifications Shop drawing reviews The preparation of detailed cost estimates Building system design with an emphasis placed on the repair, modification, and/or renovation of existing systems and equipment Safety planning Performing multiple fast-track designs for small projects Building energy audits Energy baseline development and normalization The utilization of calculations and data collection to develop cost savings projections The preparation of detailed financial proformas with an understanding of financial concepts such as the time value of money, simple payback, internal rate of return, and net present value 1.7.2 Key Personnel Qualifications Key personnel include the contract manager and on-site project lead. Respondents must demonstrate the ability to provide the services of a licensed, professional engineer. Resumes must include names, professional licenses and certifications, number of years of experience, a list and description of relevant projects they have completed, and their role on these projects. Resumes for each individual shall be limited to two pages in length. (Note: Do NOT submit resumes of more than two pages in length; only the first two pages will be evaluated if more than two pages are submitted). Each Respondent must provide resumes, limited to two pages, as outlined below: Licenses or certification Demonstrated experience of at least 5 years, in this role A minimum of two and maximum of five relevant projects Licenses or certification Contract Manager Professional Engineer, Certified Energy Manager, or LEED AP (desired but not required) Required Provide title, brief description, role, contract value, and date completed (required) Project Engineer Professional Engineer (required), Certified Energy Manager, or LEED AP (desired but not required) On-Site Project Lead Completed OSHA 10-Hour and 30- hour training classes (desired but not required) Required Provide title, brief description, role, contract value, and date completed (required) Project Support Professional Engineer, Certified Energy Manager, or LEED AP (desired but not required) Page 8 of 24
1.7.3 Project History Respondents should demonstrate experience on at least two relevant projects, as defined above, which were completed in the last five years. No more than five projects should be submitted. Provide the project title, a brief description, whether the company was prime contractor or a subcontractor, approximate contract value, date completed, and a client point of contact. The Respondent shall also discuss how time and budget challenges were addressed in each project. SECTION 2. RFQ PROCESS 2.1 General Overview of the RFQ Process The RFQ is a method of soliciting a commodity or contractual service under section 287.055, Florida Statutes. The Department posts an RFQ on the Vendor Bid System (VBS) and the DMS website to initiate the process. Respondents can submit formal questions in writing via email to the Procurement Officer on the date listed in the Timeline of Events below. The Department will answer the questions in a formal posting. Respondent s proposals must be submitted by the deadline listed in the Timeline of Events below. All responsive proposals will be evaluated based upon the criteria set forth in this RFQ. 2.1.1 Respondent Questions Respondents will direct all questions pertaining to this RFQ in writing to the Procurement Officer by email. The deadline for submission of questions is reflected in the Timeline of Events in Section 2.2 of this RFQ. Each submission shall have the RFQ number in the subject line of the email. Questions must be submitted in the following format to be considered: Question # Vendor RFQ Section RFQ Page # Question Responses to all written inquiries, clarifications, or addenda to this RFQ, will be made through the VBS. Questions will not in any way constitute a formal protest of this RFQ. 2.2 Timeline of Events The table below contains the timeline for this RFQ. Respondents should become familiar with the Timeline of Events. The dates and times within the Timeline of Events may be subject to change. It is the Respondent s sole responsibility to check for any changes. All changes to the Timeline of Events will be through an addendum to the RFQ. Respondents are solely responsible for submitting all required documentation by the dates and times specified below. The Department will not consider late proposals. Timeline of Events Event Time (ET) Event Date RFQ posted on the VBS and the DMS website. 12/5/14 Deadline to submit written questions via e-mail to Procurement Officer. 5:00 PM 12/19/14 Anticipated posting of answers to Respondents questions in VBS. 1/5/15 Deadline to submit proposals to Procurement Officer. 5:00 PM 1/19/15 Anticipated shortlist date. 2/9/15 Anticipated date to begin discussions or public presentations. 2/16/15 Anticipated Notice of Intent to Award posted. 3/9/15 Anticipated contract start date. 4/13/15 Page 9 of 24
2.3 Addendum to the RFQ The Department reserves the right to modify this RFQ by issuing an addendum. All changes to the RFQ will be made through an addendum posted on the VBS. It is the responsibility of the Respondent to check for any changes on the VBS. 2.4 Contract Formation The Department will enter into a continuing contract with each Respondent awarded pursuant to Section 4. The continuing contract will then allow the pre-qualified vendor to enter into Shared Savings agreements including Attachment A (Model Shared Savings Proposal Agreement), Attachment B (Model Shared Saving Contract), and Attachment C (Energy Strategy Flowchart). Additional documents submitted by a Respondent may not be incorporated in the Shared Savings Contract. The Department will specifically identify and incorporate by reference any additional documents which are to be incorporated into the continuing contract. 2.5 Disclosure of Proposal Contents All documentation produced as part of the RFQ will become the exclusive property of the Department and will not be returned to the Respondent unless it is withdrawn prior to the proposal opening in accordance with Section 2.6. 2.6 Withdrawal of Proposals Respondents may modify a proposal at any time prior to the due date by submitting a request to the Procurement Officer. 2.7 Diversity The Department is dedicated to fostering the continued development and economic growth of small, minority-, veteran-, and women-owned businesses. Participation of a diverse group of Respondents doing business with the State is central to the Department s effort. To this end, minority-owned, veteran-owned, women-owned, and small business enterprises are encouraged to participate in the State s procurement process as both prime Respondents and subcontractors under prime contracts. 2.8 Subcontracting The Respondent shall be fully responsible for all work performed under the resultant Contract of this RFQ. The Respondent shall use only those subcontractors identified in FORM 7 SUBCONTRACTING of the Respondent s response to this RFQ. Should the Contractor be awarded and need to subcontract any services to a subcontractor not originally identified in the response, the Contractor shall submit a written request to the Department s Contract Manager identified in the Contract. The written request shall include, but is not limited to, the following: The name, address and other information identifying the subcontractor; Component/type of services to be performed by the subcontractor; Time of performance of the identified service; How the Contractor plans to monitor the subcontractor s performance of the identified services; Certification that the subcontractor has all licenses and county authority, as applicable, and/or has satisfied all legal requirements to provide the services to the Department. Also, the Contractor shall certify that the subcontractor is approved by the Florida Department of State to transact business in the State of Florida. If the subcontractor is an out-of-state company, it must have a Florida Certificate of Authority from the Department of State, Division of Corporations, to transact business in the State of Florida. Website: www.sunbiz.org A copy of the written subcontract agreement; and Acknowledgement from the subcontractor of the Contractor s contractual obligation to the Department and that subcontractor agrees to comply with all terms and conditions of the resulting Contract. Page 10 of 24
The Contractor acknowledges that it shall not be released of its contractual obligation to the Department because of any subcontract. The Contractor is solely responsible for ensuring the subcontractor maintains the insurance as required. The Department shall treat the Contractor s use of a subcontractor not contained herein and/or approved by the Department as a breach of this Contract. SECTION 3. PROPOSAL INSTRUCTIONS 3.1 Introduction This contains the General Instructions and Special Instructions to Respondents. The General Instructions to Respondents - PUR 1001 are incorporated by reference and can be accessed at: http://www.mysafefloridahome.com/images/pur%201001.pdf. The following sections of the PUR 1001 (General Instructions) are inapplicable: A. Section 3. Electronic Submission of Proposals Proposals shall be submitted in accordance with section 2.1.1. of this solicitation. B. Section 4 Terms and Conditions The following sentences of this section are inapplicable: The Buyer objects to and shall not consider any additional terms or conditions submitted by a respondent, including any appearing in documents attached as part of a respondent s response. In submitting a response, a respondent agrees that any additional terms or conditions, whether submitted intentionally or inadvertently, shall have no force or effect. C. Section 5. Questions Questions shall be submitted in accordance with Section 2.1.1 of this solicitation. The Special Instructions are in the sections below starting with Section 3.2. In the event any conflict exists between the Special Instructions and General Instructions, the Special Instructions shall prevail. 3.2 MFMP Registration Respondents must have a current vendor registration in MFMP. (https://vendor.myfloridamarketplace.com/) The awarded vendor(s) will be required to pay the required transaction fees as specified in Section 14 of the PUR 1000, unless an exemption has been requested and approved prior to the award of the contract pursuant to rule 60A-1.032 of the Florida Administrative Code. 3.3 Who May Respond The Department will evaluate proposals from responsive and responsible vendors. 3.4 Florida Substitute Form W-9 Process State of Florida vendors must register and complete an electronic Substitute Form W-9. The Internal Revenue Service (IRS) receives and validates the information vendors provide on the Form W-9. For instructions on how to complete the Florida Substitute Form W-9, please visit: http://www.myfloridacfo.com/division/aa/stateagencies/w-9instructions022212.pdf The chosen Vendor, if any, must have completed this process before contract execution. 3.5 Qualification Questions Respondents will submit a Yes/No Response to the following Qualification Questions with any technical proposal and submit in accordance with Section 3.7. These Qualification Questions have been incorporated into this solicitation as Form #9 (attached). Answers to these Qualification Questions are mandatory. A Respondent must meet the qualifications identified in the following Qualification Questions in order to be considered for award. The Department will not evaluate proposals from Respondents who answer No to any of the Qualification Questions. Page 11 of 24
A. Does Respondent certify that the person submitting the proposal is authorized to respond to this RFQ on Respondent s behalf? B. Does Respondent certify that it is not a Discriminatory Vendor or Convicted Vendor as defined in Sections 7 and 8 of the PUR 1001? C. Does Respondent certify compliance with Section 9 of the PUR 1001? D. Does Respondent certify that it is not on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List? E. Does Respondent have a minimum of at least 5 years experience providing the products and services described in this RFQ? 3.6 How to Submit a Proposal The Respondent shall submit: A. One original version of the proposal submittal, with five (5) copies. B. One scanned copy of the entire proposal on a CD-ROM or flash drive (with large files scanned as several separate.pdf files). C. One REDACTED scanned copy of the proposal, if applicable (see Section 3.8). Sealed packages to be delivered shall be clearly marked on the outside of the package with the RFQ number and company name. Submitted hardcopies contained within the sealed packages shall be clearly marked with the Respondent s company name, and solicitation number. 3.7 Contents of Proposal Submission The Respondent shall organize each proposal submittal contents as follows: Tab 1 Cover Letter The cover letter shall be submitted on the Respondent s letterhead and include the Respondent s name and the primary location from where the work will be performed. The cover letter shall also identify the service categories (Section 1.2.3) desired by the Respondent. Tab 2 Completed Forms 1-8 Tab 3 Questions, Answers, and Required Documentation as Indicated in Section 3.5 Tab 4 Technical Proposal Submission A. Contractor Technical Requirements Each Respondent shall, in accordance with Section 1.7, submit the following: A company narrative which describes the company organizational structure and illustrates the Repondent s related and specialized experience. This narrative shall not be more than two (2) single sided pages using 12-point font. Resumes for Contract Manager, On-Site Project Lead, Project Engineer, and Project Support. Resumes shall not be more than two (2) single sided pages using 12-point font. The project experience (i.e., sample projects) of the corporation, Joint Venture (JV), or project team, which shall demonstrate experience on at least two relevant projects as defined above that were completed within the last five (5) years. No more than five (5) sample projects should be submitted. Provide the project title, a brief description, whether the Company was prime contractor or a sub-contractor, approximate contract value, date completed, and a client point of contact. The Respondent shall also discuss how time and Page 12 of 24
budget challenges were addressed in each project. Each project description shall not be more than two (2) single sided pages using 12-point font. B. Approach and Methodology The corporation, JV, or project team shall submit a narrative describing the detailed approach and methodology it would use to complete a task order under. The narrative shall include: The amount and type of work the Respondent would self-perform and what work might be subcontracted to other firms, or other Respondents. Whether the Respondent can perform work statewide or whether it would prefer to restrict its work to a smaller geographic region of the state. The specific energy efficiency measures or technologies the Respondent has specialized experience with and if they would only compete for those task orders. How the Respondent will facilitate the continuity of building operations during a project. A Respondent that restricts its level of effort to only one energy efficiency measure or technology will not be penalized during the evaluation process. This section shall not be more than five (5) single sided pages using 12-point font. Tab 5 Tab 6 Financial Model In this section, the Respondent shall describe the financial justification for implementing a Shared Savings project. The description may include a completed project as an example or a hypothetical project to demonstrate an understanding of an appropriate model. The description must also include a narrative of energy cost assumptions, product life-cycle assumptions, amortization schedule, cost of capital, and any other necessary facet of a Shared Savings transaction. This section shall not be more than five (5) single sided pages using 12-point font. Other Required Documentation A. Respondent shall submit a copy of its registration with the Department of State, which authorizes the company to do business in Florida. 3.8 Redacted Submissions The following subsection supplements section 19 of the PUR 1001. If Respondent considers any portion of the documents, data, or records submitted in response to this RFQ to be confidential, proprietary, trade secret, or otherwise not subject to disclosure pursuant to chapter 119, Florida Statutes, the Florida Constitution or other authority, Respondent must mark the document as Confidential and simultaneously provide the Department with a separate redacted copy of its proposal and briefly describe in writing the grounds for claiming exemption from the public records law, including the specific statutory citation for such exemption. This redacted copy shall contain the Department s RFQ name, number, and the name of the Respondent on the cover, and shall be clearly titled Redacted Copy. The Redacted Copy should only redact those portions of material that the Respondent claims is confidential, proprietary, trade secret, or otherwise not subject to disclosure. In the event of a request for public records pursuant to chapter 119, Florida Statutes, the Florida Constitution or other authority, to which documents that are marked as confidential are responsive, the Department will provide the Redacted Copy to the requestor. If a requestor asserts a right to the Confidential Information, the Department will notify the Respondent such an assertion has been made. It is the Respondent s responsibility to assert that the information in question is exempt from disclosure under chapter 119 or other applicable law. If the Department becomes subject to a demand for discovery or disclosure of the Confidential Information of the Respondent in a legal proceeding, the Department shall give the Respondent prompt notice of the demand prior to releasing the information (unless otherwise prohibited by applicable law). The Respondent shall be responsible for defending its determination that the redacted portions of its proposal are confidential, proprietary, trade secret, or otherwise not subject to disclosure. Page 13 of 24
By submitting a Proposal, the Respondent agrees to protect, defend, and indemnify the Department for any and all claims arising from or relating to the Respondent s determination that the redacted portions of its proposal are confidential, proprietary, trade secret, or otherwise not subject to disclosure. If Respondent fails to submit a redacted copy of information it claims is confidential, the Department is authorized to produce the entire documents, data, or records submitted to the Department in answer to a public records request for these records. 3.9 Additional Information By submitting a Proposal, Respondent certifies that it agrees to and satisfies all criteria specified in the RFQ. The Department may at its discretion request, and Respondent shall provide, supporting information or documentation. Failure to supply supporting information or documentation as required and requested will result in disqualification of the proposal. SECTION 4. SELECTION METHODOLOGY 4.1 Evaluation Criteria The Department will evaluate and score the responsive proposals using the criteria below. A. Experience and Ability (30 Points) In the evaluation of experience and ability, the Department will consider the following questions: How well did the Respondent convey the ability to provide the services sought? (10 Points) How well did the Respondent demonstrate the experience and ability to perform contracts of similar size and scope for the services sought? (10 Points) How well did the Respondent demonstrate the ability to meet the distinct time and budget requirements of its clients? (10 Points) B. Sample Projects (30 Points) In the evaluation of sample projects, the Department will consider the following questions: How well do the sample projects demonstrate the ability of the Respondent to provide the services sought? (10 Points) How well do the sample projects demonstrate the Respondent s experience and ability to perform contracts of similar size and scope for the services sought? (10 Points) How well do the sample projects reflect the Respondent s ability to satisfy the financial requirements of task orders if awarded a contract from this proposal? (10 Points) C. Proposed Solution (40 Points) In the evaluation of the proposed solution, the Department will consider the following factors: Technical Requirements Submission The Respondent s corporate narrative, project experience, and key personnel resumes will be evaluated as to how well they conform to the RFQ Objectives and Goals (Section 1.2), Project Specific Priorities (Section 1.2.1), and Contractor Technical Requirements (Section 1.7) of this RFQ. (15 Points) Approach and Methodology The Respondent s approach and methodology will be evaluated as to how well it conforms to the RFQ Objectives and Goals (Section 1.2), Project Specific Priorities (Section 1.2.1), and Contractor Technical Requirements (Section 1.7) of this RFQ. (15 Points) Financial Model The Respondent s proposed financial model will be evaluated as to how well the Respondent conveys the detailed financial parameters and economic logic of a Shared Savings financing agreement as contemplated in the RFQ. (10 Points) Page 14 of 24
4.2 Proposal Evaluation The Department will evaluate responsive proposals using the criteria described in Section 4.1. 4.3 Basis of Award A contract will be awarded to the responsible and responsive Respondent(s) whose proposal receives the highest points in accordance with the evaluation criteria outlined in Section 4.1. The Department reserves the right to award contracts by geographic area for all or part of the work contemplated by this RFQ. The Department will award services in accordance with Section 1.2.3 of this RFQ. The Department reserves the right to accept or reject any and all offers, or separable portions, and to waive any minor irregularity, technicality, or omission if the Department determines that doing so will serve the best interest of the state. The Department has the right to use any or all ideas or adaptations of the ideas presented in any Proposal. Selection or rejection of a Proposal will not affect this right. Proposals that do not meet all requirements, specifications, terms, and conditions of the RFQ or fail to provide all required information, documents, or materials may be rejected as not responsive. Respondents whose proposals, past performance, or current status do not reflect the capability, integrity, or reliability to fully and in good faith perform the requirements of a contract may be rejected. The Department may request additional information pertaining to the Respondent s ability and qualifications to accomplish all services described in this RFQ as deemed necessary during the RFQ or after contract award. The Department reserves the right to request additional information regarding ability and qualifications should standards and/or regulations change during the procurement process. 4.4 Selection and Notice of Intent to Award Contract Award Selection The Department will award Respondents one or more of the five (5) service categories outlined in Section 1.2.3 of this RFQ based on the selection methodology outlined in Section 4. Department s Recommendation of Award The Department will develop a recommendation as to the award that will result in a contract(s) that is most advantageous to the state. Secretary s Approval The Secretary or his designee will make the final decision as to which vendor(s) should be awarded the contract based on the Recommendation of Award memorandum. 4.5 Posting of Decision The Department will post a Notice of Intent to Award Contract, stating its intent to enter into one (1) or more contracts with the vendor or vendors identified therein, on the VBS website (http://vbs.dms.state.fl.us/vbs/main_menu). If the Department decides to reject all proposals, it will post its notice on the same VBS website. SECTION 5. AWARD 5.1 Department s Reserved Rights for Award The Department reserves the right to: Select one or more vendors for the services sought by this RFQ, any addenda thereto and any request for additional or revised detailed written proposals or request for best and final offers; Divide the work among vendors by type of service or geographic area, or both; and Award continuing contracts for less than the entire service area or less than all services encompassed by this RFQ, or both. Page 15 of 24
5.2 Protests 5.2.1 Time Limits for Filing Protests All notice of protest must be filed within 72 hours of the posting of the Department s decision or solicitation. Any formal protest must be filed within 10 days of the notice of protest. A formal written protest is filed when actually received by the Department s Clerk. 5.2.2 Bond Must Accompany Protest When protesting a decision or intended decision (including a protest of the terms, conditions, and specifications of the RFQ), the protestor must post a bond with the formal protest that is equal to one percent (1%) of the Department s estimated contract amount. The estimated contract amount for this procurement is $5 million. FAILURE TO POST AN ORIGINAL BOND FOR THE REQUISITE AMOUNT AT THE TIME OF FILING THE FORMAL WRITTEN PROTEST WILL RESULT IN A REJECTION OF THE PROTEST. Page 16 of 24
FORM 1 RESPONDENT S CONTACT INFORMATION The Respondent shall identify the contact information as described below. The Respondent s contact person shall be: For contractual purposes, should the Respondent be awarded, the contact person shall be: Name Title Address Telephone Fax E-mail Page 17 of 24
FORM 2 - NOTICE OF CONFLICT OF INTEREST Company or Entity Name For the purpose of participating in the RFQ process and complying with the provisions of Chapter 112, of the Florida Statutes, the undersigned corporate officer states as follows: The persons listed below are corporate officers, directors or agents and are currently employees of the State of Florida or one of its agencies: The persons listed below are current State employees who own an interest of ten percent (10%) or more in the company/entity named above: Name of Respondent s Organization Signature of Authorized Representative and Date Print Name Page 18 of 24
FORM 3 - NON-COLLUSION AFFIDAVIT STATE OF COUNTY OF I state that I of, (Name and Title) (Name of Firm) am authorized to make this affidavit on behalf of my firm and its owner, directors and officers. I am the person responsible in my firm for the price(s) and amount(s) of this Response, and the preparation of the Response. I state that: 1. The price(s) and amount(s) of this Response have been arrived at independently and without consultation, communication or agreement with any other Provider, potential provider, Proposal, or potential Proposal. 2. Neither the price(s) nor the amount(s) of this Response, and neither the approximate price(s) nor approximate amount(s) of this Response, have been disclosed to any other firm or person who is a Provider, potential Provider, Proposal, or potential Proposal, and they will not be disclosed before Proposal opening. 3. No attempt has been made or will be made to induce any firm or persons to refrain from submitting a Response for this contract, or to submit a price(s) higher that the prices in this Response, or to submit any intentionally high or noncompetitive price(s) or other form of complementary Response. 4. The Response of my firm 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 other noncompetitive Response. 5., its affiliates, subsidiaries, officers, director, and employees (Name of Firm) are not currently under investigation, by any governmental agency and have not in the last three years been convicted or found liable for any act prohibited by state or federal law in any jurisdiction, involving conspiracy or collusion with respect to Proposal, on any public contract, except as follows: I state that I and the named firm understand and acknowledge that the above representations are material and important, and will be relied on by the State of Florida for which this Response is submitted. I understand and my firm understands that any misstatement in this affidavit is, and shall be treated as, fraudulent concealment from the State of Florida of the true facts relating to the submission of responses for this contract. Dated this day of 2014. Name of Organization: Signed by: Print Name being duly sworn deposes and says that the information herein is true and sufficiently complete so as not to be misleading. Subscribed and sworn before me this day of 2014. Notary Public: My Commission Expires: Page 19 of 24
FORM 4 - STATEMENT OF NO INVOLVEMENT I,, as an authorized representative of the aforementioned company, certify that no member of this firm nor any person having any interest in this firm has been involved with the Department of Management Services to assist it in: 1. Developing this RFQ; or, 2. Performing a feasibility study concerning the scope of work, if applicable. Name of Respondent s Organization Signature of Authorized Representative and Date Print Name Page 20 of 24
FORM 5 BUSINESS/CORPORATE REFERENCE This form must be completed by the person giving the reference on the Respondent. For purposes of this form, the Respondent is the business entity that currently or has previously provided services to your organization, and is submitting a response to a RFQ. Upon completion of this form, please return original to Respondent. This business reference is for (Respondent s Name): Name of the person providing the reference: Title of person providing the reference: Organization name of person providing the reference: Telephone number of the person providing the reference: Please identify your relationship with the Respondent (e.g., subcontractor, customer, etc.). How many years have you done business with the Respondent? Please provide dates: If a customer, please describe the primary service the Respondent provides your organization. Did the Respondent act as a primary provider or as a subcontractor? Do you have a business, profession, or interest in the Respondent s organization? If yes, what is that interest? Have you experienced any contract performance problems with the Respondent s organization? Would you conduct business with the Respondent s organization again? Are there any additional comments you would like to make regarding the Respondent s organization? Dated this day of 2014. Name of Organization: Signed by: Print Name Being duly sworn deposes and says that the information herein is true and sufficiently complete so as not to be misleading. Subscribed and sworn before me this day of 2014. Notary Public: My Commission Expires: Page 21 of 24
FORM 6 ADDENDUM ACKNOWLEDGEMENT FORM This acknowledgment form serves to confirm that the Respondent has reviewed, complied with and/or accepted all Addendum(s) to the RFQ posted on the Vendor Bid System (VBS). Please list all Addendum(s) / Amendment(s) below. Name of Respondent s Organization Signature of Authorized Representative and Date Print Name Page 22 of 24
FORM 7 SUBCONTRACTING The Respondent shall complete the information below on all subcontractors that shall provide services to the Respondent to meet the requirements of the resultant Contract, should the Respondent be awarded. Submission of this form does not indicate the Department s approval, but provides the Department with information on proposed subcontractors for review. Please complete a separate sheet for each subcontractor. Service: Company Name: Contact: Address: Telephone: Fax: Current Registered as Certified Minority Business Enterprise (CMBE) or Women-Owned Business (WBE)? Yes No Occupational License No: Acknowledgement from Respondent that this subcontractor has successfully complied with the "Subcontractor Acceptance Process": Yes No W-9 verification: Yes No In a job description format, describe below the responsibilities and duties of the subcontractor based on the technical specifications or scope of services outlined in this solicitation. Page 23 of 24
FORM 8 QUALIFYING QUESTIONS RFQ SECTION REFERENCE 3.5.A 3.5.B 3.5.C 3.5.D 3.5.E 3.5.F QUALIFYING QUESTION Does the Respondent certify that the person submitting the proposal and its pricing is authorized to respond to this RFP on Respondent s behalf? Does the Respondent certify that it is not a Discriminatory Vendor or Convicted Vendor as defined in sections 7 and 8 of the PUR 1001? Does the Respondent certify compliance with Section 9, Respondent s Representation and Authorization of the PUR 1001? Does the Respondent certify that it is not on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List? MyFloridaMarketPlace Registration Is the Respondent registered in MyFloridaMarketPlace? Respondents desiring to sell commodities or contractual services to the State are required by Rule 60A-1.030, Florida Administrative Code, to register in MyFloridaMarketPlace. Does the Respondent have a minimum of at least 5 years experience providing the products and services described in this RFQ? RESPONDENT S RESPONSE YES/NO 3.7. Tab 6, A Has the Respondent provided a copy of its registration with the Department of State, which authorizes the company to do business in Florida? Name of Respondent s Organization Signature of Organization s Authorized Representative Date Page 24 of 24