INVITATION TO NEOGOTIATE ISSUED DATE ITN # 14-0001 I. Introduction The Florida Alliance for Assistive Services and Technology, Inc. hereafter referred to as FAAST, is requesting sealed proposals from qualified firms interested in this Invitation to Negotiate (ITN) to provide legal services for the Florida Alliance for Assistive Services and Technology, hereafter referred to as FAAST. A. General Information FAAST is a non-profit organization funded by The U.S. Department of Education through the Assistive Technology Act of 2004 and its amendments, Rehabilitation Services Administration (RSA), the State of Florida, and private foundations and individuals. Because of agreements with the Florida Department of Education, Department of Vocational Rehabilitation, FAAST is required to adhere to state purchasing guidelines. B. Board of Directors The Board of Directors of FAAST is comprised of individuals with disabilities and/or their family members, state agency representatives, and representatives of community organization and industry. The Criteria for composition of the Board are set forth in Assistive Technology Act of 2004 Public Law 108-364 Section 4 (c) and Florida Statutes 413.407. The Board serves as the administrative and fiscal agent for FAAST. C. Background The legal services will be provided as requested by FAAST. FAAST will require the legal firm to be available as needed by FAAST, whether by phone or inperson, at FAAST s office or another site in or outside of Tallahassee. FAAST will require that no conflict exists between FAAST and other clients which the legal firm represents. An example of a conflict that is not permissible is a conflict between FAAST and another client on an identified issue. The number of hours previously billed for legal services requested by FAAST totaled 20.7 for October 1, 2011 through September 30, 2012 and totaled 14.25 hours for October 1, 2012 through September 30, 2013. However, there is no guarantee of the number of hours for which legal services will be requested.
II. Scope of work FAAST requires the legal firm to provide the following services and assistance upon request: Review contracts and agreements to be executed by FAAST; Advise FAAST and/or Executive Director on boilerplate contract language; Review the Executive Director s employment and compensation contract; Review and advise FAAST and/or Executive Director on various personnel and FAAST policies; Review and advise relative to internal compliance with applicable Bylaws and Articles of Incorporation; Advise FAAST and/or Executive Director on operating under the Sunshine Laws (i.e., laws pertaining to public records and public meetings); Research and advise FAAST and/or Executive Director as to applicable federal and state laws and regulations, and the interpretation of and compliance with such laws and regulations; Advise and provide assistance to FAAST and/or Executive Director on issues for which there are potential legal implications, including but not limited to non-profit operational and governance issues, advocacy before the state legislature and congress, and contract disputes; Research and advise FAAST and/or Executive Director on disability related litigation and national and state social policy issues; Represent FAAST in arbitration, a lawsuit, and other legal venues as necessary; and Provide other legal services as determined necessary by FAAST and/or Executive Director. All attorneys working at the legal firm submitting a proposal must be licensed to practice law in Florida and in good standing with the Florida Bar. Legal firms must provide for a lead attorney who will be responsible for providing a majority of the legal services and assistance to FAAST. Legal firms submitting a proposal must have an office in Tallahassee. ITNs received that do not identify a Tallahassee office will not be considered.
III. General conditions A. Issuing Officer All questions and requests for clarification should be directed to: Michael Daniels. Executive Director Florida Alliance for Assistive Services and Technology, Inc. 3333 W. Pensacola St. Bldg. 100, Suite 140 Tallahassee, Florida 32304 Office: (850) 487-3278 x107 mdaniels@faast.org B. Calendar of Events The following time schedule will be strictly adhered to in all actions relative to the ITN, unless modified by FAAST by addendum to this ITN. Activity Issue Date of the Invitation to Negotiate (ITN) Posted to FAAST website. All questions and/or proposed changes to the ITN must be submitted to the issuing officer by 5:00 PM, Eastern Daylight Time (EDT) (may be submitted earlier) Response to questions to include Addendum if necessary. Respondents ITN Packages are due and must be received at FAAST. 3333 W. Pensacola St. Bldg. 100, Suite 140 Tallahassee, Florida 32304 No later than 2:30 PM EDT. Response must be addressed to the Issuing Officer as specified in Section 2.3. All timely received responses will be open by FAAST starting at 2:30 PM EDT or soon thereafter at 3333 W. Pensacola St. Bldg. 100, Suite 140 Tallahassee, Florida 32304 The public may attend the opening but may not review any proposals submitted until they become public record in Date May 7, 2014 May 14, 2014 May 21, 2014 May 28, 1014 May 29, 2014
accordance with Section 119.07, Florida Statutes. The names of Respondents and the names of firms submitting no proposal response will be read aloud. Posting to the FAAST website the short list of the best qualified Respondents. Start of negotiations with selected respondents. Final and best offers (FABO s) to be submitted in writing at the conclusion of negotiations, no later than 5:00 PM EDT. The FABO s may be sent via facsimile transmission to 850-575-4216. FABO s with original signature must be received by 5:00 PM EDT, June 20, 2014. There will be a public meeting for the purpose of evaluating final offers and making a determination of the best offer at 1:30 PM EDT at 3333 W. Pensacola St. Bldg. 100, Suite 140 Tallahassee, Florida 32304 And via teleconference. Posting on FAAST website to FAAST Notice of Intent to Award. Contract executed between FAAST and ITN Respondent. June 4, 2014 June 9, 2014 June 20, 2014 June 23, 2014 June 24, 2014 July 14, 2014 C. Proposal Content Should your firm be interested in providing legal services as described in the Scope of Work please prepare a response to this ITN and include the following information in your response in the order presented below. 1) Cover letter that includes a) Name of firm; b) Business address; c) Name and title of firm owner; d) Phone, email address, fax number and web address of the firm; e) Name of the primary contact for this ITN response; f) Phone, fax and email for primary contact, if different from above; g) A statement that the firm understands the scope of the project; and h) A signature of an individual with the authority to bind the firm to the proposal presented. 2) General Information
a) Name and address of the firm s main office if different from above; b) Year this firm was established and the year the firm began performing the work requested in this ITN, if different; c) A description of the firm, including a description of the scope services the firm routinely provides; d) A clear and definitive statement of the related experience and qualifications of your firm in delivering legal services as described herein; e) A listing of which (if any) services your firm typically outsources; and f) A description of similar non-profit organizations the firm provides legal services to currently or in the past. 3) Key Staff Qualifications a) A description of the experience of the firm s key staff as it relates to this project. 4) Fees a) Provide the proposed fees for provision of the designated legal services. b) Fees should be provided in hourly rates for the attorney(s) and for the paralegals or law clerks of the firm. c) Additional costs for which reimbursement will be charged need to be identified. d) A description and the amount of in-kind services your firm will provide to FAAST at no cost. If no in-kind services will be provided, state There will be no in-kind services provided at no cost. 5) Other information a) Please include any additional information not already requested that your firm considers essential to your response. There is no additional information to include, state, There is no additional information our firm wishes to present. D. Who can submit a proposal All private-for-profit corporations and not-for-profit corporations properly organized in accordance with State and Federal law and in business for at least 3 years may submit a proposal. Minority and women-owned and operated businesses are encouraged to submit. Proposals will not be reviewed if (1) the respondent has been disbarred or suspended or otherwise determined to be ineligible to receive federal funds by an action of any governmental agency; (2) the respondent s previous contract(s) with FAAST have been terminated for cause; (3) the respondent has not complied with an official order to repay disallowed costs incurred during its
conduct of programs or services; or (4) the respondent s name appears on the convicted vendor list. E. Proposal Format Each proposal should be prepared simply and economically, providing a clear and concise presentation of the information requested in this ITN in the order requested. Elaborate or expensive bindings, colored displays, and promotional materials are neither necessary nor encouraged unless they are provided as examples of your firm s expertise. FAAST will not return proposals, binders or exhibits. All proposals become the property of FAAST and will be a matter of public record subject to the provisions of Chapter 119, Florida Statutes. Each respondent submitting a proposal in response to this ITN agrees that the preparation of all materials and all presentations are at the respondent s sole cost and expense, and FAAST shall not, under any circumstances, be responsible for any costs or expenses incurred by a respondent. The respondent should follow the instructions in this ITN in order to be considered fully responsive. Submissions should be concise and easily understood. Responses should be submitted on 8 ½ X 11 pages, a minimum of 12-point font size and single-spaced. Text should be presented single-sided on each separate page. The proposal shall not exceed 15 pages in length. Submissions must include: 1 signed paper original and 3 paper duplicate copies of the proposal delivered to the issuing officer. The original should be stamped or marked Original. No fax copies will be accepted. 1 CD-ROM or thumb drive on which the proposal is saved - Please format the text in a Word document. PDF submissions will be considered nonresponsive. The proposal must be submitted in a sealed package with ITN # 14-0001 prominently displayed on the front or top of package. IV. SELECTION PROCESS The evaluation of each response to this ITN will be based on the firm s overall expertise and track record in producing and delivering the product and services requested in this ITN, a clear and concise management plan, proposed price, and in-kind services offered. The selection committee will review and score each proposal, place the proposals in rank order, and present the results along with their recommendation to the FAAST Board of Directors. Upon selection of the most qualified respondent by the Selection Committee, FAAST will begin negotiations in order
to secure a contract at a level of compensation that FAAST determines to be fair, competitive and reasonable. Should FAAST be unable to negotiate a satisfactory contract with the respondent considered to be most qualified at a price FAAST determines to be fair, competitive and reasonable, negotiations with that respondent will be formally terminated. FAAST shall then undertake negotiations with the next most qualified respondent. Final award of a contact will be contingent upon: identification of a respondent qualified to and capable of providing the services sought by FAAST in this ITN; successful negotiation of a contract at a price FAAST determines to be fair, competitive and reasonable; and availability of funding. A. Criteria for Selection CRITERIA WEIGHT FACTOR 1. Requirements MANDATORY No marked in any category indicates the proposal is not responsive and will not be considered. a. Was the proposal received by the due date and time? Yes No b. Was the proposal presented in the required format, all questions in this ITN answered, an original and the correct number of copies provided and a CD provided on which the proposal was saved? Yes No 2. Experience of firm and key staff 35 Points that would be involved in providing legal services. 3. Proposed management plan 20 Points The plan clearly and thoroughly describes the respondent s basic approach to the management of projects such as the one described in this ITN and identifies the key staff responsible for the coordination of the separate components of the scope of work. 4. Proposed Cost 35 Points The proposed cost of legal services as described in this ITN. 5. In-kind services 10 Points
Value of services proposed to be provided at no cost to FAAST. The in-kind services must enhance the legal services provided. TOTAL Possible Score 100 Points B. Improper Business Relationships In connection with this ITN, each respondent shall ensure that no improper, unethical, or illegal relationships or conflicts of interest exist between or among the respondent, FAAST, and any other party to this ITN. The respondent is responsible for disclosing, at the point of proposal submission, any such relationships. FAAST reserves the right to determine the materiality of such relationships, when discovered or disclosed whether intended or not; and to decide whether or nor respondent disqualification and/or cancellation of contract shall result. Such disqualification and/or cancellation shall be at no fault or liability whatsoever to FAAST. C. Assignment of Contract The successful respondent(s) may not make an assignment of their obligations resulting from a contract that is executed in response to this ITN. D. Contract This ITN and the evaluation and selection process shall in no way be deemed to create a binding contract or agreement of any kind between FAAST and any respondent. All legal rights and obligations between the successful respondent, if any, and FAAST will come into existence only when a contract is fully executed by both parties, and the legal rights and obligations of each party shall at that time be only those rights and obligations which are set forth in the contract and any other document specifically referenced in that contract. E. Appeal Procedure At the time of Formal Sealed Bid Opening a tentative determination of the Apparent Low Bidder will be made and tentative selection of the Goods & Services provider(s) will be made. From that date/time of tentative selection of the apparent low bidder (bid opening), any bidder has 72 hours (3 business days) (unless otherwise specified in writing to all vendors at the time of Sealed bid opening) in which to file a written appeal/protest with the issuing officer at the address included within this ITN. At the Selection Committee meeting scheduled to review and approve the Staff Recommendations, any Appeals(s)/Protest(s) will be heard. The decision of the Selection Committee is Final. V. Conditions of this ITN Reserved Rights The issuance of this ITN constitutes only an invitation to present a proposal. All information provided by FAAST in this ITN is offered in good faith; FAAST makes
no certification that any item is without error. FAAST is not responsible or liable for any use of the information or for any claims attempted to be asserted there from. The rights reserved by FAAST, which shall be exercised in its sole and absolute discretion and shall be at no fault, cost or liability whatsoever to FAAST, include without limitation, the right to: Supplement, amend or otherwise modify or cancel any provisions set forth in this solicitation at any time. To accept or reject any or all responses, to re-advertise this ITN, to postpone or cancel this process and to change or modify the project schedule at any time. Disqualify any respondent that submits an incomplete or inadequate response or is not responsive to the requirements of this ITN. Disqualify any respondent who demonstrates less than full understanding of this ITN in its entirety. Waive any defect, technicality or irregularity in any proposal received. Require additional information and/or oral presentation from one or more respondents to supplement or to clarify the proposal submitted. Determine whether the respondent s written or oral representations are true, accurate and complete or whether the respondent has adequately responded and has the necessary experience, including seeking and evaluating independent information of any respondent. Consider any information submitted that is not requested by FAAST in a proposal response as supplemental information and not subject to evaluation by the selection committee or Board. Accept or reject in part or entirely the firm s pricing and/or revenue offerings when such offerings are not on an all-or-none basis. FAAST prohibits the changing of pricing and/or revenue proposals after the ITN closing date and time except through the negotiation process. Unless otherwise specifically proposed by the respondent, FAAST reserves the right to hold such pricing and/or revenue proposal as effective for the entire intended contract term. End contract negotiations is acceptable progress, as determined by the Executive Director, is not being made within a reasonable time frame. Change specifications and modify contracts as necessary to (a) facilitate compliance with the legislation, regulations and policy directives, and (b) to manage funding. Request additional services. If the respondent is to be engaged to perform these additional services, the scope and fee will be negotiated in a spate contract to be awarded as a result of this solicitation. Such contracts, including provisions for additional fees, are valid only if approved in writing by both the respondent and FAAST.