PUR 1000 Special Conditions
STATE OF FLORIDA
DEPARTMENT OF FINANCIAL SERVICES
DIVISION OF WORKERS’ COMPENSATION
DFS WC RCP 13/14-14
Request for Contract Proposal
For Reemployment Services and Vocational Evaluations
Proposers are cautioned and reminded to READ CAREFULLY AND RESPOND PRECISELY AND FULLY TO ALL INFORMATION contained in Contract and State of Florida Form PUR 1000, General Conditions (ATTACHMENT E), available at: . Except as modified by this Request for Contract Proposal (which constitutes Special Conditions to State of Florida Form PUR 1000, General Conditions) State of Florida Form PUR 1000, General Conditions is incorporated by reference into the terms and conditions of this Request for Contract Proposal.
Proposers are further reminded that conditions and specifications, which are considered mandatory requirements are expressed with the word “shall” or “must” in the description of the requirement. Proposals that fail to demonstrate both willingness and an ability to comply with such a condition or specification will be considered non-responsive and may be disqualified.
CAUTION: Proposers shall submit a redacted version of its Proposal if the Proposer considers any portion of the documents, data or records submitted in reply to this solicitation to be confidential, trade secret or otherwise not subject to disclosure pursuant to Chapter 119, Florida Statutes, the Florida Constitution or other authority. This redacted copy of the Proposal shall be clearly titled “Redacted Copy.”
FAILURE OF A PROPOSER TO PROVIDE A REDACTED VERSION OF ITS PROPOSAL WHEN CONFIDENTIALITY IS CLAIMED BY THE PROPOSER MAY BE CAUSE FOR DETERMINATION OF NON-CONFORMANCE. FAILURE TO PROTECT A TRADE SECRET SHALL CONSTITUTE A WAIVER OF ANY CLAIM OF CONFIDENTIALITY.
NOTE: This solicitation is exempt from competitive solicitation pursuant to Section 287.057(3)(e)10, Florida Statutes.
TABLE OF CONTENTS
SECTION 1: PURPOSE AND GENERAL CONDITIONS 3
SECTION 2: SOLICITATION INSTRUCTIONS 3
SECTION 3: SUBMISSIONS AND PROPOSAL SPECIFICATIONS (PHASE I) 5
SECTION 4: DEFINITIONS 11
SECTION 5: SCOPE OF SERVICES 12
SECTION 6: DELIVERABLES 17
SECTION 7: INVOICING 19
SECTION 8: EVALUATION OF PROPOSALS 20
SECTION 9: CONTRACT (ATTACHMENT E) 21
SECTION 10: ADDITIONAL CONTRACT TERMS 21
ATTACHMENT A – CERTIFICATE 24
ATTACHMENT B – PHASE II Technical Evaluation – Reemployment services 25
ATTACHMENT C – PHASE II Technical Evaluation – vocational evaluation 26
ATTACHMENT D – PHASE III AGREEMENT TO COST SHEET 27
ATTACHMENT E – Contract 28
ATTACHMENT F – DWC-23 Request for Screening 41
ATTACHMENT G – REEMPLOYMENT Services Questionnaire 42
Attachment H – SERVICE Areas 46
ATTACHMENT I – TECHNICAL EVALUATION CRITERIA 47
ATTACHMENT J – CLIENT REFERENCE FORM 48
SECTION 1: PURPOSE AND GENERAL CONDITIONS
1.1 Purpose and Scope: The purpose of this Request for Contract Proposal (RCP) is to solicit competitive Responses from one or more entities that are qualified and capable of providing effective and efficient Reemployment and Vocational Evaluation Services to eligible injured employees in accordance with Section 440.491, Florida Statutes, and Rule Chapter 69L-22, Florida Administrative Code.
The primary scope of services that are being solicited under this RCP are Reemployment Services and/or Vocational Evaluations to be provided to eligible injured employees in accordance with Section 440.491, Florida Statutes, Rule Chapter 69L-22, Florida Administrative Code, and as described in Section 5 of this RCP.
The Department will initially assess an injured employee who is willing and eligible for Reemployment Services and/or Vocational Evaluation in accordance with statutory and rule requirements, and determine whether conditions exist to potentially benefit the injured employee in returning to suitable gainful employment. The Department may refer the injured employee to a rehabilitation provider for applicable professional services.
Included in this solicitation is a Florida map (Attachment H) divided into eight (8) service areas. Prospective Proposers may offer their services in one or more service areas. The Department has the discretion of contracting with one or more entities to achieve effective and efficient coverage on a statewide basis, and may award contracts on an ongoing basis as outlined in Section 2.5.
1.2 Point of Contact: The sole point of contact from the date of release of this solicitation until selection of one or more successful Proposer(s) shall be:
Department of Financial Services
Division of Workers’ Compensation
Jacki R. Lawhon
200 E. Gaines Street
Tallahassee, FL 32399-4220
EMAIL: Jacki.Lawhon@
FAX: 850-413-1987 or 850-413-1973
The Proposers shall submit all procedural questions and requests for clarification of this solicitation to the above named contact.
1.3 General Conditions: PUR 1000 is incorporated herein by reference. However, PUR 1000 Sections 3, 6, 12, 13, 14, 22 and 38 have been omitted and are not incorporated in this RCP.
SECTION 2: SOLICITATION INSTRUCTIONS
2.1 Reservations: This procurement is exempt from competitive solicitation pursuant to Section 287.057(3)(e)10, Florida Statutes. This RCP shall not be treated as an offer under contract law principles. The Proposal may only be accepted by the Department by execution of the Contract, which will contain all agreed-upon terms and conditions. The Department reserves the right to:
A. Reject any or all Proposals
B. Conduct an investigation of the qualifications and/or past performance of any Proposer
C. Request additional information or clarification from any Proposer in regard to their Proposal
D. Conduct face-to-face negotiations with one or more selected Proposers
2.2 Solicitation Terms and Conditions: The provisions of this RCP, including all its attachments, shall be read as a whole. In case of conflict or inconsistencies between provisions, provisions shall have the order of precedence listed below, where the top listed item has the highest precedence:
A. The Contract (Attachment E)
B. Scope of Services (Section 5)
C. Remaining RCP Sections
D. Remaining RCP Attachments and Exhibits
E. State of Florida Form PUR 1000, General Conditions, incorporated herein by reference.
If there are any inconsistencies among any of the provisions of this RCP and its attachments, Proposers shall bring these inconsistencies to the attention of the individual named above in RCP Section 1.2 prior to the submission of a Proposal. The Contract (Attachment E), after execution by the parties, will take precedence over this RCP.
The Department objects to and shall not consider any terms or conditions submitted by a Proposer, including any appearing in documents attached as part of a Proposer’s Proposal, which are inconsistent with or contrary to the requirements, terms or conditions of the Contract or State of Florida Form PUR 1000, General Conditions (Attachment E). In submitting a Proposal, the Proposer agrees that any such inconsistent or contrary terms or conditions, whether submitted intentionally or inadvertently, shall have no force or effect, and that the Department shall not be held to have acquiesced to such term or condition. Failure to comply with terms and conditions of this RCP, including those specifying information that must be submitted with a Proposal, may be grounds for rejecting a Proposal.
2.3 The Department will not be liable for any costs incurred in the preparation and production of a response to this RCP. All Proposals become the property of the Department upon submission and will not be returned to the Vendor.
2.4 *NOTE* If deemed in the best interest of the state, a Contract may be awarded to multiple Contractors.
2.5 Notwithstanding other provisions in the RCP, the Department reserves the right to accept additional competing Contractors’ Proposal(s) during the term of the Contracts or renewals.
2.6 This RCP will not have a public opening.
2.7 Notice of Intended Award will be posted on the Department’s website division/wc/RCP on or before the anticipated award date in Section 3.5 Procurement Timeline.
2.8 If the Department seeks additional Proposals during the Contract term, a request will be posted at division/wc/RCP. These Responses will be evaluated based on the established criteria in this RCP unless otherwise noted.
SECTION 3: SUBMISSIONS AND PROPOSAL SPECIFICATIONS (PHASE I)
3.1 General Instructions: Section 3 contains the instructions for formatting and submitting Proposals. Section 3 (Phase I) contains the mandatory elements the Department will use to evaluate Proposals. All elements are required unless otherwise identified. The provisions below are terms and conditions that are agreed to when submitting a Proposal. To facilitate the analysis of Responses to this RCP, Vendors are required to prepare Proposals in accordance with the instructions in this section. Failure to comply may be considered non-responsive and may be grounds for disqualification, at the discretion of the State.
3.1.1 Submitting Proposal Responses: All Proposals must be submitted electronically to the Department of Financial Services, no later than the date specified in Section 3.5 Procurement Timeline of this RCP. Respondents with proposal(s) that need to be redacted because of confidential or trade secret information should refer to Section 3.1.2, Paragraphs B and C. Proposals MUST be sent to: Jacki.Lawhon@.
3.1.2 Public Records and Confidential Trade Secret Information:
The final form of the Contract is a public record and will be posted online as part of the Transparency Act.
A. Solicitation Responses. Sealed bids, Proposals or Responses filed in response to this competitive solicitation are temporarily exempt from public records requests. Pursuant to Section 119.071(1)(b), Florida Statutes, these Responses are exempt only until the agency provides notice of an intended decision or until 30 days after opening the bids, Proposals, or final Responses, whichever is earlier. Notwithstanding any contractual provisions to the contrary, the Department is obligated to make available for inspection or copying any non-exempt public record pursuant to the requirements of Chapter 119, Florida Statutes, the Public Records Act, and Article I, Section 24 of the State Constitution. As such, upon receipt of a request to inspect or copy a Response to this competitive solicitation, the Department will make Responses to this competitive solicitation that are no longer exempt pursuant to Section 119.071(1)(b), Florida Statutes, available for inspection or copying upon receipt of a public records request as required by Chapter 119, Florida Statutes, the Public Records Act, and Article I, Section 24 of the State Constitution.
B. Confidential Trade Secret Information: Trade secrets are not solicited or desired as submissions with Responses. Pursuant to Section 812.081, Florida Statutes, a person who claims that information is a trade secret must take measures to protect such information and to prevent it from becoming generally available. As such, if Proposer includes in its Response information that Proposer considers to be a trade secret that meets the definition provided in Section 812.081, Florida Statutes, Proposer shall file a notice of trade secret with the Department that puts the Department on notice that Proposer has included trade secret information in its Response. Furthermore, if a Proposer reserves the right to assert that a portion of its response is a trade secret, Proposer shall provide the Department with an additional copy of its Response that has been redacted to conceal only that information that Proposer claims to be a confidential trade secret meeting the definition of a trade secret as provided in Section 812.081, Florida Statutes, and is clearly identified as having had trade secret information redacted, that is labeled “CONFIDENTIAL TRADE SECRETS.”
C. Other Confidential Records. The provision of redacted Contract information on a website for public viewing does not alleviate the duty of the Department nor the Contractor to respond to a public records request. The response to the requestor may include referral to the website for viewing the identical (redacted) version. Should the Proposer or Contractor provide information deemed confidential or exempt from the Florida Public Records Act, then the Proposer or Contractor shall place such information in an encrypted electronic form and/or a sealed separate envelope provide the Department with an additional copy of their documentation containing such information that has been redacted to conceal only that information the Proposer claims to be confidential. Sealed separate envelopes should be mailed to the address identified in Section 1.2 (Point of Contact).
D. The awarded Proposer (Contractor) is responsible for becoming familiar with the Florida Public Records Act with regard to records associated with the Contract. If a public records request is made to the Contractor, the Contractor will: immediately notify the Department of such request; process the request as approved by the Department’s Public Records section; provide the Department progress status reports; and provide a copy of its intended redacted version in case there is a public records request. For noncompliance by the Contractor with Section 119.0701, Florida Statutes, or the above requirements regarding response to public records requests (collectively Public Records Tasks), the Department at its option may enforce these provisions by exercising “Step-In” rights as described in the Contract section regarding remedies or according to the termination provisions of the Contract or both. If a public records request is made to the Department for documentation related to this solicitation and the resulting Contract, the Department will notify the Proposer or Contractor of such request if the Proposer or Contractor has provided the Department with a notice of trade secret or other confidentiality as noted above. If a public records request is made to either the Department or the Proposer, the Proposer shall be solely responsible for taking whatever action it deems appropriate to legally protect its claim of exemption from the public records law. Any prospective Vendor acknowledges that the protection afforded by Section 815.045, Florida Statutes, is incomplete, and it is hereby agreed that no right or remedy for damages arises from any disclosure based on the Proposer or Contractor’s failure to promptly legally protect its claim of exemption and commence such protective actions within ten (10) days of receipt of such notice from the Department. (Modifies PUR 1000-33 and PUR 1001-19). Contractor shall retain such records for the longer of three years after the expiration of the Contract or the period required by the General Records Schedules maintained by the Florida Department of State (available at: ).
E. The awarded Contractor shall, to the extent required by Section 119.0701, Florida Statutes, perform the following tasks to comply with Section 119.0701, Florida Statutes, (a) maintain public records required by the Department to perform the service; (b) provide access on the same conditions and at a cost not exceeding that provided in Section 119.07, Florida Statutes, (c) ensure exempt or confidential documents are not disclosed and (d) transfer public records at no cost to the Department on termination, destroy confidential duplicates, including remnant data, and provide electronic records in a format compatible with the Department’s systems at no cost to the Department. For noncompliance by the Contractor, the Department shall enforce these provisions according to the step-in provisions or termination provisions in the Contract or both.
F. The parties shall not be required to disclose to the public any materials protected by law, and disclosure of any confidential information received by the State of Florida will be governed by the provisions of Article I, Section 24 of the Florida Constitution, and the Florida Public Records Act, Chapter 119, Florida Statutes, and exceptions thereto. The following records are specifically excluded from inspection, copying, and audit rights under the Contract:
1. Records of the Contractor (and subcontractors) that are unrelated to the Contract;
2. Documents created by and for the Department or other communications related thereto that are confidential attorney work product or subject to attorney-client privilege, unless those documents would be required to be produced for inspection and copying by the Department under the requirements of Chapter 119, Florida Statutes, and, Article I Section 24 of the Florida Constitution; and
3. The Contractor's (and subcontractors) internal cost and resource utilization data, or data related to employees, or records related to other customers of the Contractor, or any subcontractor who is not performing services under this Contract.
3.2 Proposal Format:
• Document Type: PDF
• Font Size: 12 pt
• Font Type: Arial
• Margins: One (1) inch
• Page Numbering: In the footer of the Proposal as “Page ## of ###”
• Spacing: Single line
3.3 Title Page and Table of Contents: The Proposal must include a title page and a table of contents page.
3.3.1 Title Page:
• Entity submitting the Proposal
• Date of submission
• Title: “Proposal for Reemployment Services and Vocational Evaluations”
• Proposed Service Area(s)
3.3.2 Table of Contents: The numbering in the Proposal’s Table of Contents section should match the same section numbers as outlined in the RCP.
3.4 Technical Proposal Sections: The technical Proposal should consist of eight (8) sections (Tabs) as outlined below.
3.4.1 Certificate (Tab 1) - REQUIRED
The original Certificate (Attachment A) must be properly completed and signed.
3.4.2 Management Summary (Tab 2) - REQUIRED
The purpose of this section is to obtain an overview of the Proposal for the RCP. The Vendor must highlight major features of their entity and technical approach. Limit this section to five (5) pages.
3.4.3 Capabilities (Tab 3) - REQUIRED
The purpose of this section is to obtain insight into the entity’s experience, resources, and qualifications of the Vendor and any subcontractors. At a minimum, address the following:
3.4.3.1 Location and Organization: Include information regarding the location of the entity’s headquarters, all Florida locations, and relevant organizational structure pertinent to providing the services requested in this solicitation. REQUIRED
3.4.3.2 Legal Entity: Provide evidence that the organization is a legal entity. Incorporated Contractors must provide either a copy of the corporation's most current annual report on file with the appropriate state agency, or, if incorporated during the past twelve (12) months, a copy of the corporation's articles of incorporation and charter number assigned by the appropriate state agency. Businesses that are not incorporated must provide a copy of their business or occupational license. Partnerships shall submit documentation of compliance with the applicable provisions of Chapter 620, Florida Statutes. REQUIRED
3.4.3.3 Personnel Resources: Provide a chart of the organization, indicating the names and titles of each principal and employee(s) that will be directly involved in providing the services described herein. Please indicate whether internal staff or external resources will be used to provide services. REQUIRED
3.4.3.4 References: In the space provided on the Client Reference Form (Attachment J) the Proposer (not intended subcontractors) must provide the information indicated for three (3) separate and verifiable, non-Department clients and must include a combination of references from workers’ compensation claims handling entities and injured employees, to demonstrate the Vendor’s ability to perform Reemployment Services and/or Vocational Evaluations. The same client may not be listed for more than one reference, and confidential clients shall not be included. In the event the Proposer has had a name change since the time work was performed for a listed reference, the name under which the Proposer operated at that time must be provided in the space provided on the Client Reference Form (Attachment J). The Client References will not become part of the Contract.
Clients that are listed as subcontractors in the Proposal will not be accepted as client references under this RCP. Entities having an affiliation with the Proposer, (i.e. current parent, subsidiary having common ownership, having common directors, officers or agents or sharing profits or liabilities) will not be accepted as client references under this RCP.
In the event that the Proposer submits a Proposal as a joint venture or legal partnership, at least one client reference shall be listed for each member of the joint venture or legal partnership. However, the total minimum number of clients to be listed shall be three.
The Proposer must provide authorization for the Department to contact these references. REQUIRED
3.4.3.5 Client Service List: Provide a list of entities for which the Vendor has performed Reemployment Services and/or Vocational Evaluations under the Florida Workers’ Compensation Law over the past three (3) years. State the length of time that such services have been provided. REQUIRED
3.4.3.6 Litigation: Provide a list of pending and settled litigation involving the services specified herein for the previous two (2) years in which the Proposer or one of its providers is a named party. DFS retains the right to request additional data pertaining to the Vendor’s ability and qualifications used to accomplish all work in this RCP to ensure competent and satisfactory work. REQUIRED
3.4.4 Reemployment Services and Vocational Evaluation Provider(s) (Tab 4) - REQUIRED
The purpose of this section is to obtain insight into:
• The Contractor’s overall staffing structure;
• The experience, qualifications, and capabilities of the Contractor’s team to perform required tasks.
The Vendor must provide the following information for its staff and all proposed subcontractors (limit the information to two (2) pages per person):
• Organizational structure and staffing levels indicating internal staff or external resources.
• Knowledge, expertise, and years of experience returning individuals to work.
• Number of years of workers’ compensation experience returning injured employees to suitable gainful employment.
• Education, background, and certifications.
• Additional information pertinent to providing services described in this RCP.
3.4.5 Technical Approach (Tab 5) - REQUIRED
The purpose of this section is to obtain specific insight into the Vendor’s technical approach based on the services described herein.
3.4.5.1 Experience: A written summary of the Contractor’s experience demonstrating the ability to provide the proposed services. Indicate whether internal staff or external resources were used or will be used. REQUIRED
3.4.5.2 Expertise: A written summary of the Contractor’s technical expertise, capability, procedures, and staff demonstrating the ability to provide the proposed services. Indicate whether internal staff or external resources will be used. REQUIRED
3.4.5.3 Service Coverage Area and Business Model - REQUIRED
A. Identify all counties in which Reemployment Services are currently provided, describe the current business model in place, and identify the provider(s) for each county.
B. Identify all counties in which Vocational Evaluations are currently provided, describe the current business model in place, and identify the provider(s) for each county.
C. Identify all Service Areas (Attachment H) for which you are proposing to provide Reemployment Services and describe the proposed business model and provider(s) for each service area.
D. Identify all Service Areas (Attachment H) for which you are proposing to provide Vocational Evaluations and describe the proposed business model and provider(s) for each service area.
3.4.5.4 Services Offered: List of other services provided with descriptions of those services. REQUIRED
3.4.5.5 Report Samples: Provide two examples of Reemployment Services reports and two examples of Vocational Evaluation reports. Reports must represent a cross sampling of providers who will provide services if awarded a Contract. REQUIRED
3.4.5.6 Performance Metrics: Provide the following performance metrics for the past three (3) calendar years. If the Vendor has been in business for less than three (3) calendar years, provide all data starting from the date services have been provided. REQUIRED
3.4.5.6.1 Reemployment Services:
A. Number of individuals who received Reemployment Services
B. Of the individuals who received Reemployment Services:
1. Number of individuals who went to work in competitive employment
2. Number of individuals who went to work in supported employment
3. Number who did not return to work
C. Average length of time to secure employment
D. Customer service satisfaction data of the services provided to injured employees
3.4.5.6.2 Vocational Evaluations:
A. Number of individuals who received Vocational Evaluations
B. Of the number who received Vocational Evaluations:
1. Number recommended for training programs less than one (1) year
2. Number recommended for training programs greater than one (1) year
3. Number recommended for job placement services without retraining
4. Number recommended for services other than training or job placement
C. Number who completed recommended training
D. Number who did not complete recommended training
E. Number who returned to work in area related to recommendations
F. Average length of time to secure employment
G. Customer service satisfaction data of the services provided to injured employees
3.4.6 Innovative Ideas (Tab 6) - OPTIONAL
The Department encourages the Vendor to describe innovative or creative methods in providing efficient and effective Reemployment Services and Vocational Evaluations. Innovative ideas, new concepts and arrangements might include unique business features, special services, discounts or terms and conditions specific to each Contractor.
3.4.7 Phase II Technical Evaluation Sheet(s) (Tab 7) – REQUIRED
The Proposer must complete the Phase II Technical Evaluation (Attachment B) when proposing Reemployment Services.
The Proposer must complete the Phase II Technical Evaluation (Attachment C) when proposing Vocational Evaluations.
3.4.8 Phase III Agreement to Cost Sheet (Tab 8) - REQUIRED
The Proposer must complete the Phase III Agreement to Cost Sheet (Attachment D).
3.5 Procurement Timeline
The Department’s anticipated procurement timeline is shown below (all times are Eastern Daylight Savings Time (EDT). The Department reserves the right to amend the procurement timeline if deemed to be in the best interest of the State.
|PROCUREMENT TIMELINE |
|PROCUREMENT ACTIVITIES |DATE/TIME |
|Deadline for questions regarding the RCP. |May 16, 2014 |
|(Submit questions via e-mail. See Section 1.2 of this RCP.) |5:00 PM |
|Answers to questions posted to the Division’s website, on or about. |May 30, 2014 |
|Deadline for submission of Proposals |June 13, 2014 |
|(Submit Proposals via e-mail. See Section 1.2 of this RCP.) |5:00 PM |
|Anticipated Award date, on or about |July 15, 2014 |
Division’s website: division/wc/RCP
SECTION 4: DEFINITIONS
Assignment: The Department’s request to the Contractor for a specific service to be performed within a certain timeframe. The assignment will include appropriate information for the Contractor to provide the requested service.
Contractor: The legally qualified corporation, partnership, or other entity responding contracted with the Department to provide the requested services. This may also be referred to as Vendor, offeror, Proposer, company, Respondent or entity.
Corrective Actions: Techniques and strategies implemented by the rehabilitation provider to assist the injured employee in returning to work.
Customary Residence: The injured employee’s place of permanent residence. The customary residence changes whenever the injured employee changes his or her permanent residence.
Department: Department of Financial Services, DFS, or Chief Financial Officer. These terms may be used interchangeably.
External Resources: Third parties contracting with the Contractor to perform the scope of services of the RCP.
Internal Staff: Employees of the Contractor performing the scope of services of the RCP.
Proposer, Contractor, Offeror, and Vendor: A legally qualified corporation, partnership, or other entity responding to this solicitation. The solicitation response may be referred to as Proposal, reply or response.
Provider: The individual that renders the requested services. The provider may be the Contractor, an employee of the Contractor, or a subcontractor secured by the Contractor to perform Reemployment Services and/or Vocational Evaluations.
Reemployment Services: Services that include, but are not limited to, vocational counseling, job-seeking skills training, job analysis, transferable skills analysis, selective job placement, labor market information, and arranging other services which may be needed by the employee to secure suitable gainful employment.
Suitable Gainful Employment: Employment or self-employment that is reasonably attainable in light of the employee’s age, education, work history, transferrable skills, previous occupation, and injury that offers the employee an opportunity to be restored as soon as practicable, and as near as possible to his or her average weekly earnings at the time of injury.
Vocational Evaluation: A review of the employee’s physical and intellectual capabilities, aptitudes and achievements, and work-related behaviors to identify the most cost-effective means towards the employee’s return to suitable gainful employment.
SECTION 5: SCOPE OF SERVICES
5.1 Objective: Provide Reemployment Services and/or Vocational Evaluations as assigned by the Department. To avoid conflicts of interest, individuals providing Vocational Evaluations may not provide Reemployment Services to the same injured employee.
5.2 Reemployment Assignments: The Department may assign Reemployment Services to the Contractor. The delivery method for the assignment will be through the Contracted Services Module of the Reemployment Services Web Portal. An assignment may contain:
A. Data from DWC- 23, Request for Screening (Attachment F).
B. Data from completed Reemployment Services Questionnaire (Attachment G).
C. Reemployment Services requested by the Department.
D. Department’s activities notes related to the injured employee’s Request for Screening.
E. Medical information, in the Department’s possession, relevant to the injured employee’s return to suitable gainful employment.
F. Other documents in the possession of the Department relevant to conduct the Reemployment Services.
5.3 Components of Reemployment Services: Reemployment Services shall be appropriate to the injured employee’s knowledge, skills, physical abilities, job experience, background, and education and may include the following services based on the assignment from the Department.
A. Assisting the injured employee in developing and writing a resume. When services include the development of a resume, a resume must be completed within the initial billing period for Reemployment Services. The provider is responsible for creating the resume.
B. Conducting transferable skills analysis. Such analysis shall determine any skills or skill sets from previous jobs or life activities that the injured employee can transfer to another occupation. The provider must discuss the results of the transferable skills analysis with the injured employee.
C. Job placement services shall include, but not be limited to:
1. Identifying and informing the injured employee of current job vacancies and providing assistance to apply for such vacancies.
2. Speak with potential employers, advocating on behalf of the injured employee.
3. Interviewing skills which may include role playing or mock interviews.
4. Consulting with employers on behalf of the injured employee for the purpose of securing suitable gainful employment.
5. Arranging job interviews for the injured employee.
D. Developing job seeking skills shall include, but not be limited to:
1. The need to dress and groom appropriately for an interview and in the workplace.
2. The importance of verbal and non-verbal communication.
3. Appropriate conversation with prospective employers.
4. The importance of timeliness and punctuality.
5. Directions on how to complete job applications.
6. Time management and organizational skills.
5.4 Components of the Reemployment Services Report: The Reemployment Services report shall contain the following:
A. Summary of Reemployment Service(s) provided and contract hours used to include:
1. Problems or issues encountered with the injured employee that adversely affects the reemployment process and the corrective actions taken.
2. Continuing feasibility of the reemployment plan and any recommendation(s) with justifications for changes in the current plan.
3. A plan for use of the remaining contracted reemployment service hours.
4. Dates of contact with the injured employee and other pertinent parties.
B. Work product(s) resulting from the requested services (i.e. resume, job leads, correspondence with the injured employee, etc.).
5.5 Reemployment Services Timelines: The Contractor shall:
A. Acknowledge the Department’s assignment within three (3) business days via the Contracted Services Module of the Reemployment Services Web Portal.
B. Assign the Reemployment Services request to a provider within five (5) business days.
C. Notify the Department with the name of the provider via the Contracted Services Module of the Reemployment Services Web Portal within five (5) business days.
D. Provide the Initial Reemployment Services Report to the Department no later than forty-five (45) calendar days from the Contractor’s acknowledgment of the assignment. Subsequent reports are due every thirty (30) days up until the assignment end date.
5.6 Vocational Evaluation Assignments: The Department may assign Vocational Evaluations to the Contractor. The delivery method for the assignment will be through the Contracted Services Module of the Reemployment Services Web Portal. An assignment may contain:
A. Data from DWC- 23, Request for Screening (Attachment F).
B. Data from completed Reemployment Services Questionnaire (Attachment G).
C. The Department’s activity notes related to the injured employee’s Request for Screening.
D. Medical information, in the Department’s possession, relevant to the injured employee’s return to suitable gainful employment.
E. Other documents in the possession of the Department relevant to conduct the Vocational Evaluation.
5.7 Components of Vocational Evaluations: When conducting Vocational Evaluations, the provider shall:
A. Ensure that any tests administered to an injured employee meet the following criteria:
1. The assessment instruments must be administered under the same conditions that were established in the development of the instruments.
a. When using technology or electronic methods to administer assessments, the Provider shall ensure the instruments are functioning properly and providing accurate results.
b. The Provider shall remove or cure conditions that invalidate test results.
2. Unsupervised or inadequately supervised tests or assessments are not permitted unless the tests or assessments are designed, intended, and validated for self-administration and/or scoring.
3. The injured employee shall not be responsible for costs related to the administration, scoring or interpretation of any test(s).
B. Provide adaptive evaluation tools or techniques to accommodate any physical or functional disability or language barrier. The Provider is responsible for securing an independent translator, if required.
C. Ensure that the Vocational Evaluation test site meets the following criteria:
1. Americans with Disabilities Act (ADA) accessible.
2. Located within a fifty (50) mile radius of the injured employee’s customary residence.
3. The Vocational Evaluation shall not be conducted at the injured employee’s customary residence.
4. The Department must pre-approve any test sites outside the established criteria as set forth above.
D. Identify the injured employee’s physical and intellectual capabilities, aptitudes, achievements, work related behaviors, and interests. The interests of the injured employee alone cannot be the only basis for the vocational evaluator’s recommendation.
E. Identify residual or transferable skills.
F. Identify whether training and education or Reemployment Services are necessary to return the injured employee to suitable gainful employment.
1. When recommending training or education programs, the provider shall include the rationale for the recommended program, the entrance, enrollment and exit requirements of the program, the anticipated program costs and the proximity of the program to the injured employee’s customary residence, identify any and all remedial courses that may be necessary for entrance into the program. A Vocational Evaluation recommendation in which the training program requires more than two remedial courses at a community college or more than two grade levels at a public career center will be considered invalid and shall be returned to the provider for revised recommendations.
2. When training and education is recommended, the provider must provide local labor market information which supports the injured employee’s ability to secure suitable gainful employment upon completion of the training and education program and shall include:
a. Entry-level, median, and high-wage earning capacity.
b. Expected physical demands of the identified occupations.
c. Minimum educational requirements and work experience.
3. When the recommendation is for job placement, the provider must provide local labor market information to include current job availability:
a. Entry-level, median, and high-wage earning capacity.
b. Expected physical demands of the identified occupations.
c. Minimum educational requirements and work experience.
5.8 Components of the Vocational Evaluation Report: The Vocational Evaluation report shall contain the following:
A. Background Information: This section shall contain information specific to the injured employee. Examples of background information include: gender, age, average weekly wage, primary and secondary languages, hand dominance, computer skills, job search activities and outcomes, support systems, financial situation, access to transportation, child care issues, criminal history, hobbies and interests.
B. Medical History: This section shall contain the date of injury, a brief description of the injured employee’s workers’ compensation injury including diagnosis, treatment (surgery versus conservative treatment), prognosis or permanent restrictions, and the maximum medical improvement date. Additionally, this section shall include information related to other medical, psychological or psychiatric conditions, or medication that may impact reemployment, use of adaptive devices and equipment and physical abilities as they relate to reemployment.
C. Educational History: This section shall contain educational / academic achievements such as the highest grade level completed, date of GED or high school diploma, dates of post-secondary attendance or college graduation. Grade point averages for any post secondary training or education, areas of study and/or degrees received, subjects liked / disliked, and employer-provided training.
D. Work History: This section shall contain information related to employment previously held by the injured employee, dates of employment, job duties, and reasons for leaving employment. Additionally, this section shall include information related to military service including branch of service, years of service, rank or rate, and job duties.
E. Behavioral Observations: This section shall contain examples of behavioral observations such as timeliness, dress, interpersonal skills, verbal and nonverbal communication skills, ability to stay on task, appropriateness of conversation, nervous habits or behaviors, etc.
F. Test Results: This section shall contain a summary of the test(s) administered, the purpose of the test(s), the scores received, and their meaning. Also, include an explanation of testing instruments and work samples used, specifying the form and level of tests, percentile scores, norm groups, grade levels, standard scores and stanine scores as applicable to the test instrument.
G. Transferable Skills Analysis: This section shall identify any skills or skill sets from previous jobs or life activities that the injured employee can transfer to another occupation. It shall also include examples of job categories the injured employee would be capable of performing.
H. Recommendations: This section shall contain vocational recommendation(s) for the injured employee. Recommendations may be for training and education or direct job placement.
1. When training and education is recommended, the provider must:
a. Identify the expected occupation(s) for which the injured employee will be capable of seeking employment upon completion of the training and education program;
b. Identify the training or education facility closest to the injured employee’s customary residence; and,
c. Identify two program recommendations.
2. When direct job placement is recommended, the provider must identify occupations for which the injured employee is able to pursue suitable gainful employment.
I. Labor Market Survey: This section shall contain local labor market information which supports the injured employee’s ability to secure suitable gainful employment as a result of the recommendations. The labor market information shall include:
1. Entry-level, median, and high-wage earning capacity.
2. Expected physical demands of the identified occupations.
3. Minimum educational requirements and work experience.
J. Summary: This section shall contain the provider’s recommendations and the reasons that support the recommendations. The recommendations shall be appropriate to the injured employee’s knowledge, skills, physical abilities, job experience, background, and education.
5.9 Vocational Evaluation Timelines: The Contractor shall:
A. Acknowledge the Department’s assignment within three (3) business days via the Contracted Services Module of the Reemployment Services Web Portal.
B. Assign the Vocational Evaluation request to a provider within five (5) business days.
C. Notify the Department with the name of the provider via the Contracted Services Module of the Reemployment Services Web Portal within five (5) business days.
D. Provide the Vocational Evaluation
E. Report to the Department no later than forty-five (45) calendar days from the Contractor’s acknowledgment of the assignment.
5.10 Contractor Responsibilities:
The Contractor shall:
A. Be respectful, courteous, and professional at all times to the injured employee.
B. Provide services during normal business hours (Monday - Friday 8:00 am to 5:00 pm, excluding State of Florida holidays) unless mutually agreed upon by the injured employee and provider.
C. Be available for case status meeting(s) and/or conference calls with Department staff.
D. Provide reports to the Department as stated in the RCP and Contract.
E. Be able to receive and submit electronic correspondence, reports and work product as separate documents via the Contracted Services Module of the Reemployment Services Web Portal. All reemployment services and vocational evaluation reports must contain the Department assigned case number.
F. Be responsive to Department inquiries.
G. Refrain from promoting political, religious, or any other non-reemployment services related activities.
H. Adhere to the Code of Professional Ethics relative to the professional certification(s) that the Contractor holds.
I. Secure a responsible and reliable interpreter who is not a friend or family member of the injured employee, if required.
J. Designate a Contract Manager. The designated Contract Manager will meet with the Department on a quarterly basis to discuss all aspects of the Contract.
K. Ensure that the injured employee is contacted within one week of notifying the Department of the assignment of a provider to perform the services. If the injured employee is unable to be reached during the one week timeframe, the Contractor must notify Department staff immediately.
L. Ensure the provider conducts a face-to-face meeting with the injured employee within two (2) weeks of the assignment and at a minimum one time each billing period unless pre-authorized by the Division.
M. Be responsible for the administration, scoring and interpretation of all testing instruments and work samples used as part of the Vocational Evaluation process.
N. Not discuss the recommendations of the Vocational Evaluation with the injured employee.
O. Notify the Department immediately upon receipt of any requests from third parties, including, but not limited to, law firms, attorneys, carriers and injured employees for information, work products or reports related to any case.
P. Not release any work products or reports to any third parties, including, but not limited to, law firms, attorneys, carriers and injured employees. Unauthorized release of work products, reports or other information may be a violation of the Florida Public Records Law or the Contract.
Q. Immediately notify the Department of any issues that prohibit or delay the provision of services.
R. Be available to participate in any judicial or administrative proceedings pertaining to the services provided pursuant to this RCP.
S. Make recommendations consistent with current Florida Statutes and Rules.
T. Provide Department approved training to all providers regarding the Scope of Services located in Section 5 of this RCP.
U. Use providers with a minimum of one year professional work experience in returning injured employees to suitable gainful employment within the workers’ compensation arena.
V. Ensure all providers adhere to the same responsibilities.
5.11 Contractor/Provider/Subcontractor Qualifications:
A. A Vocational Evaluation must be conducted by a Certified Rehabilitation Counselor (CRC) or Certified Vocational Evaluator (CVE).
B. Reemployment Services must be provided by an individual who is a Certified Rehabilitation Counselor (CRC), Certified Vocational Evaluator (CVE), or Certified Disability Management Specialist (CDMS).
C. Level 2 criminal background checks must be conducted for all providers. A summary of results must be submitted to the Department.
SECTION 6: DELIVERABLES
|No. |Name |Acceptance Criteria |Due Date |Remedy |
|1 |Implementation Plan |List of providers rendering services |Within 30 calendar days from the |No assignments made until receipt of an |
| | |described in Section 5 of the RCP. |execution of the contract |approved implementation plan. |
|Reemployment Services --- |
|Provide services as assigned to assist injured employees in obtaining suitable gainful employment which requires the Vendor to ascertain the knowledge, skills, |
|physical abilities, job experience, background and education of injured employees. Reemployment Services include assisting an injured employee to develop and |
|write a resume’, providing current job vacancy information (includes consulting with prospective employers), interviewing skills, job seeking skills (appearance, |
|verbal communication, including what type of conversation is appropriate), timeliness and punctuality, job application training, time management and organization |
|skills and periodic reports for the assigned injured employee. Reports are required within 45 days from acknowledgement of assignment and every 30 days thereafter|
|for the remainder of the assignment as outlined in Section 5.5 of the RCP. |
|2 |Reemployment Services |Acknowledge receipt of Division assignment |No later than 3 business days from |$5.00 reduction for each business day |
| |Acknowledgement of Assignment |through the Contracted Services Module of |date of assignment. |past the due date. |
| | |the Reemployment Services Web Portal. | | |
|3 |Reemployment Services Provider |Notify the Division of the name of the |No later than 5 business days from |$5.00 reduction for each business day |
| |Assignment |provider that has been assigned the case |the Contractor’s acknowledgement of|past the due date. |
| | |through the Contracted Services Module of |the assignment. | |
| | |the Reemployment Services Web Portal. | | |
|4a |Reemployment Report |See Section 5.3, 5.4 and 5.5. |* 45 days from acknowledgement of |$50.00 reduction for an incomplete or |
| | | |assignment and every 30 days |unacceptable report submitted after the |
| | | |thereafter for the remainder of the|due date. In addition, $25.00 reduction |
| | | |assignment. |per day until an acceptable report is |
| | | | |received. Reference Section 10.4. |
|4b |Reemployment Report |See Section 5.3, 5.4 and 5.5. |* 45 days from acknowledgement of |$25.00 reduction per day for an |
| | | |assignment and every 30 days |acceptable report received after the due |
| | | |thereafter for the remainder of the|date. Reference Section 10.4. |
| | | |assignment. | |
|Vocational Evaluation --- |
|Provide vocational recommendation for assigned injured employee based on evaluation of his/her background, medical, educational, and work history, behavioral |
|observations, test results, transferable skills analysis, potential for training and education, and potential occupational employment and periodic reports. |
|Reports are required within 45 days of acknowledgement of the assignment as outlined in Section 5.9 of the RCP. |
|5 |Vocational Evaluation |Acknowledge receipt of Division assignment |No later than 3 business days from |$5.00 reduction for each business day |
| |Acknowledgement of Assignment |through the Contracted Services Module of |date of assignment. |past the due date. |
| | |the Reemployment Services Web Portal. | | |
|6 |Vocational Evaluation Provider |Notify the Division of the name of the |No later than 5 business days from |$5.00 reduction for each business day |
| |Assignment |provider that has been assigned the case |the Contractor’s acknowledgement of|past the due date. |
| | |through the Contracted Services Module of |the assignment. | |
| | |the Reemployment Services Web Portal. | | |
|7a |Vocational Evaluation Report |See Sections 5.7, 5.8 and 5.9 |*45 days from acknowledgement of |$50.00 reduction for an incomplete or |
| | | |assignment. |unacceptable report submitted after the |
| | | | |due date. In addition, $25.00 reduction |
| | | | |per day until an acceptable report is |
| | | | |received. Reference Section 10.4 |
|7b |Vocational Evaluation Report |See Sections 5.7, 5.8 and 5.9 |*45 days from acknowledgement of |$25.00 reduction per day for an |
| | | |assignment. |acceptable report received after the due |
| | | | |date. Reference Section 10.4 |
|7c |Vocational Evaluation Report |See Sections 5.7, 5.8 & 5.9 |*45 days from acknowledgement of |Reference Section 10.5, Settlement |
| | | |assignment. |Procedure |
*If a report is due on a weekend or a State of Florida observed holiday (New Year’s Day, Martin Luther King, Jr., Memorial Day, 4th of July, Labor Day, Thanksgiving, Friday after Thanksgiving, Christmas Day) or when Florida government is closed statewide (under a Governor’s Executive Order), the report is due on the next business day.
SECTION 7: INVOICING
All invoices must contain the Department assigned case ID number, the Contract number, invoice number, invoice date and must specify Reemployment Services or Vocational Evaluation. Reemployment Services invoices must include date(s) of service, detailed description of services performed, time worked, contracted hourly rate and total cost per service.
Vocational Evaluation invoices must include date(s) of service, services performed and total cost. Invoices must be submitted through the Contracted Services Module of the Reemployment Services Web Portal on a schedule agreed upon between the Contractor and the Department (see Section 10, Additional Contract Terms).
SECTION 8: EVALUATION OF PROPOSALS
8.1 Phase I Initial Screening: To be considered administratively responsive to this RCP and be eligible for the Phase II Technical Evaluation, a Proposer must fully comply with Section 3. All subsections of Section 3 marked required must be responded to with the exception of 3.4.6, Innovative Ideas (Tab 6), which is marked optional.
To be considered responsive, the Phase II Technical Evaluation - Reemployment Services (Attachment B) or Phase II Technical Evaluation - Vocational Evaluation (Attachment C), or both, must be submitted. One Phase III Agreement to Cost Sheet (Attachment D) must be submitted per response. Pursuant to Rule 69L-22.012(1), F.A.C., the hourly rate for Reemployment Services may not exceed $85.00 per hour and the cost for Vocational Evaluations may not exceed $1,100.00 per evaluation.
8.1.1 Phase II Technical Evaluation: Points will be awarded based on the response provided by the Vendor in response to Section 3 of this RCP as it relates to the Scope of Services (Section 5). As noted in this RCP, the Department may contract with a single entity or multiple entities qualified to provide effective and efficient Reemployment Services and Vocational Evaluations to eligible injured employees as described in Section 5.
The Phase II Technical Evaluation - Reemployment Services (Attachment B) and Phase II Technical Evaluation - Vocational Evaluation form (Attachment C) require Proposers to check and initial the appropriate service area(s) for the proposed services. The evaluation elements that will be scored for each completed Phase II Technical Evaluation (Reemployment Services and/or Vocational Evaluation) forms (Attachments B and C) are detailed in the Technical Evaluation Criteria (Attachment I).
8.1.2 Phase III Cost: All Proposers must complete the Phase II Technical Evaluation - Reemployment Services (Attachment B) or Phase II Technical Evaluation - Vocational Evaluation (Attachment C) and the Phase III Agreement to Cost Sheet (Attachment D) to ensure that Responses are considered for the proposed services. Pursuant to Rule 69L-22.012(1) F.A.C., the hourly rate for Reemployment Services may not exceed $85.00 per hour and the cost of a Vocational Evaluation may not exceed $1,100.00.
At the Department’s discretion, multiple firms may be selected to achieve statewide coverage. The Department reserves the right to award a Contract or Contracts in the best interest of the State and eligible injured employees that the Department serves.
8.2 Legal Requirements for Proposals and Contract: Applicable provisions of all federal, state, and county laws, rules, or regulations shall govern the development, submission, and evaluation of all Proposals received in response hereto and shall govern any and all claims and disputes which may arise between person(s) submitting a Proposal and the Department, by and through its officers, employees, and authorized representatives or any other person, natural or otherwise. Lack of knowledge by any Vendor shall not constitute a recognizable defense against the legal effect thereof. All corporations seeking to do business with the Department shall, at the time of submitting a Proposal, be on file with the Department of State in accordance with the provisions of Chapter 607, Florida Statutes. To be eligible for consideration, each corporation shall include their corporate charter number. Similarly, partnerships seeking to submit a Proposal shall have complied with the applicable provisions of Chapter 620, Florida Statutes.
8.3 Evaluation Team: The Team will have members who have experience and knowledge in the area of Reemployment Services and Vocational Evaluations. The Team will be responsible for evaluating the Proposals received including reference checks and other verifications.
SECTION 9: CONTRACT (ATTACHMENT E)
SECTION 10: ADDITIONAL CONTRACT TERMS
10.1 Entire Contract; Order of Precedence: The terms and conditions of the Department's solicitation and Contractor’s Proposal are incorporated by reference as if fully rewritten herein. In the event of a conflict between the provisions of the Department’s solicitation, including addenda, and any other provisions that may become a part of the Contract, the terms and conditions of the Contract and the Department’s solicitation shall take precedence and govern.
10.2 Contacts: The contact for the executed Contract is Margaret Howard, Division of Workers’ Compensation, 200 East Gaines Street, Tallahassee, FL 32399-4225. All written and verbal approvals referenced in this Contract must be obtained from the Contract Manager or designee.
10.3 Limitation of Liability: Contractor shall not be liable for any punitive, indirect, incidental or consequential damages other than actual costs paid to obtain similar services consistent with Chapter 287, Florida Statutes. The limitations of liability under this Contract shall not limit the Contractor’s liability for claims for personal injury, or damage to real or personal tangible property caused by the Contractor’s negligence or tortuous conduct or its employees or subcontractors. The State shall not be responsible for or liable to the Contractor or its subcontractor(s) for any increased costs or damages that may be incurred by the Contractor, as a result of any act or omission of any other Contractor to the State. Notwithstanding the foregoing, nothing in this section will be construed to limit Rule 60A-1.006(3), Florida Administrative Code.
10.4 Acceptance: All of the Contractor’s deliverables related to these commodities or services shall be submitted to DFS’s Contract Manager, or designee, for review and approval. DFS reserves the right to reject deliverables as incomplete, inadequate or unacceptable due in whole or in part to Contractor’s lack of satisfactory performance under the terms of this Contract. DFS, at its option, may allow additional time within which Contractor may remedy the objections noted by DFS and DFS may, after having given Contractor a reasonable opportunity to complete, make adequate or acceptable said deliverables, declare this Contract to be in default. Where this Contract requires the delivery of reports to DFS, mere receipt by DFS shall not be construed to mean or imply acceptance of those reports. It is specifically intended by the parties that acceptance of required reports shall constitute a separate act. Once accepted, Contractor shall be entitled to rely on such approval for subsequent stages of work performed hereunder.
10.5 Settlement Procedure: In the event the Vendor has worked on an assigned Vocational Evaluation and, through no fault of their own, is prohibited from timely completing the Vocational Evaluation, the Department may authorize partial payment based on acceptance of the work performed as outlined in sections 5.7 and 5.8 of this RCP. Reimbursement will be authorized as follows:
|In-person (face to face) interview with the injured employee |Up to 20% of the contracted amount |
|Completion of all testing, including results |Up to 20% of the contracted amount |
|Transferable skills analysis |Up to 20% of the contracted amount |
|Recommendations |Up to 20% of the contracted amount |
|Labor Market Survey |Up to 20% of the contracted amount |
The Contractor shall submit all work performed and an explanation of the circumstances preventing completion of the evaluation for the Department’s consideration.
10.6 Dispute Resolution: All work under this Contract (Attachment E) shall be performed by the Contractor to the satisfaction of the Department in accordance with the specifications set forth. Any dispute concerning performance of the Contract shall be decided by the Customer's designated Contract Manager, or designee, who shall reduce the decision to writing and serve a copy to the Contractor. If there is a dispute between the Department and the Contractor, the Director or Authorized Official for the Department and for the Contractor shall meet to resolve the dispute. Should the issue remain unresolved both parties may agree to enter into mediation with a third party that is mutually acceptable to both the Department and the Contractor. In the event the mediation does not result in a resolution, the provisions within the General Contract Conditions apply. Except as otherwise provided by law, the parties agree to be responsible for their own attorney fees incurred in connection with disputes arising under the terms of this Contract.
10.7 Independent Contractor: Contractor is an independent Contractor, and is not an employee or agent of the Department. All services contracted for are to be performed solely by the Contractor and may not be subcontracted for or assigned without the prior written consent of the Department.
10.8 Modification of Terms: Any terms and conditions that the Contractor provides with or before or after delivery that attempt to modify the Contract or add additional restrictions of usage, license conditions, or requirements have no effect and are not enforceable under the Contract. Any proposed software license agreement, service level agreement, or any other draft agreement submitted in the Proposal shall not contain any provisions which:
A. are inconsistent with Florida law,
B. exclude, prohibit, or negate other Contract documents,
C. subject the State of Florida to the jurisdiction of another state, or
D. provide that the State will indemnify the Contractor or any other person, unless such provisions are expressly negated in the Proposal.
10.9 Taxes: The Department is exempted from payment of Florida state sales and use taxes and Federal Excise Taxes. The Department will provide its tax exemption certification upon request. The Contractor shall provide the Department his taxpayer identification number upon execution of the Contract.
10.10 Vendor Notice: Section 215.422, Florida Statutes, provides that agencies have five (5) working days to inspect and approve goods and services, unless the specifications or the purchase order specifies otherwise. If payment is not available within 40 days, measured from the latter of the date the invoice is received or the goods or services are received, inspected and approved, a separate interest penalty set by the Chief Financial Officer pursuant to Section 55.03, Florida Statutes, will be due and payable in addition to the invoice amount. To obtain the applicable interest rate, please refer to . Invoices returned to a Vendor due to preparation errors will result in a payment delay. Invoice payment requirements do not start until a properly completed invoice is provided to the State agency. A Vendor Ombudsman, whose duties include acting as an advocate for Vendors who may be experiencing problems in obtaining timely payments(s) from a state agency, may be contacted at (850) 413-5516.
10.11 Duty of Continuing Disclosure of Legal Proceedings: Commencing after the effective date of the Contract, the Contractor must disclose any pending or prior civil or criminal litigation, investigations, arbitration or proceedings involving the Contractor (and each subcontractor) or any of its officers or directors ("Proceeding") in a written statement to the Contract Manager within fifteen (15) calendar days of its occurrence. Details of settlements that are prevented from disclosure by the terms of the settlement may be annotated as such.
In the event the State is concerned that:
A. The Contractor's (or subcontractor's) ability to perform the Contract in accordance with its terms and conditions; or
B. Whether the Contractor (or subcontractor) in performing services for the State is engaged in conduct which is similar in nature to conduct alleged in such proceeding, which conduct would constitute a breach of the Contract or a violation of Florida law, regulations or public policy;
The Contractor shall be required to provide the State all reasonable assurances requested by the State to demonstrate that:
A. The Contractor and/or its subcontractor(s) will be able to perform the Contract in accordance with its terms and conditions, and
B. The Contractor and/or its subcontractor(s) has not and will not engage in conduct in performing services for the State which is similar in nature to the conduct alleged in such Proceeding.
10.12 Reservations: Responses to this solicitation will be the primary source of information used in the evaluation process. Therefore, each Proposer is requested and advised to be as complete as possible in his/her reply. However, additional information may be requested by the State, to include requests for oral presentation, interviews or software demonstrations, from Proposers who have proposed solutions that appear to meet the needs of the State of Florida. The State may conduct site visits to locations where proposed solutions are in operation or in the process of being implemented.
ATTACHMENT A – CERTIFICATE
CERTIFICATE
I certify that this response is made without prior understanding, agreement, or connection with any corporation, firm, or person submitting a response for the same materials, supplies or equipment, or services and is in all respects fair and without collusion or fraud. I agree to abide by all conditions of this response and certify that I am authorized to sign this response for the Vendor and that the Vendor is in compliance with all requirements of the response, including but not limited to, certification requirements.
|Contact Name: | |
| | |
|Vendor Name: | |
| | |
|Vendor FEID #: | |
| | |
|Vendor Address: | |
| | |
|Vendor Phone Number (include area | |
|code): | |
|Vendor E-Mail Address: | |
|Authorized Representative: | |
|Authorized Signature: | |
|Date: | |
| | |
ATTACHMENT B – PHASE II Technical Evaluation – Reemployment services
PHASE II TECHNICAL EVALUATION
REEMPLOYMENT SERVICES
This form must be submitted if you are proposing Reemployment Services.
Check all boxes that apply and initial for the appropriate service area(s).
|Check box |Service Area |No. of Counties |Counties |Vendor Initials |
| | | | | |
| |1 |7 |Escambia, Santa Rosa, Okaloosa, Walton, Holmes, Washington, Bay | |
| | | | |________ |
| |2 |11 |Jackson, Calhoun, Gulf, Liberty, Franklin, Gadsden, Leon, Wakulla, Jefferson, Madison, Taylor | |
| | | | |________ |
| |3 |18 |Hamilton, Suwannee, Lafayette, Dixie, Columbia, Gilchrist, Levy, Baker, Union, Bradford, | |
| | | |Alachua, Marion, Nassau, Duval, Clay, St. Johns, Putnam, Flagler |________ |
| |4 |7 |Volusia, Seminole, Lake, Orange, Osceola, Brevard, Indian River | |
| | | | |________ |
| |5 |7 |Citrus, Sumter, Hernando, Pasco, Pinellas, Hillsborough, Polk | |
| | | | |________ |
| |6 |10 |Manatee, Sarasota, Hardee, Desoto, Charlotte, Highlands, Glades, Okeechobee, St. Lucie, Martin| |
| | | | |________ |
| |7 |5 |Lee, Hendry, Collier, Palm Beach, Broward | |
| | | | |________ |
| |8 |2 |Monroe, Miami-Dade | |
| | | | |________ |
ATTACHMENT C – PHASE II Technical Evaluation – vocational evaluation
PHASE II TECHNICAL EVALUATION
VOCATIONAL EVALUATION SERVICES
This form must be submitted if you are proposing Vocational Evaluation Services.
Check all boxes that apply and initial for the appropriate service area(s).
|Check box |Service Area |No. of Counties |Counties |Vendor Initials |
| | | | | |
| |1 |7 |Escambia, Santa Rosa, Okaloosa, Walton, Holmes, Washington, Bay | |
| | | | |________ |
| |2 |11 |Jackson, Calhoun, Gulf, Liberty, Franklin, Gadsden, Leon, Wakulla, Jefferson, Madison, Taylor | |
| | | | |________ |
| |3 |18 |Hamilton, Suwannee, Lafayette, Dixie, Columbia, Gilchrist, Levy, Baker, Union, Bradford, | |
| | | |Alachua, Marion, Nassau, Duval, Clay, St. Johns, Putnam, Flagler |________ |
| |4 |7 |Volusia, Seminole, Lake, Orange, Osceola, Brevard, Indian River | |
| | | | |________ |
| |5 |7 |Citrus, Sumter, Hernando, Pasco, Pinellas, Hillsborough, Polk | |
| | | | |________ |
| |6 |10 |Manatee, Sarasota, Hardee, Desoto, Charlotte, Highlands, Glades, Okeechobee, St. Lucie, Martin | |
| | | | |________ |
| |7 |5 |Lee, Hendry, Collier, Palm Beach, Broward | |
| | | | |________ |
| |8 |2 |Monroe, Miami-Dade | |
| | | | |________ |
ATTACHMENT D – PHASE III AGREEMENT TO COST SHEET
PHASE III
AGREEMENT TO COST SHEET
THIS SECTION MUST BE COMPLETED WHEN PROPOSING REEMPLOYMENT SERVICES.
|Maximum Points |RCP Section |Maximum Allowable |Proposed Costs |
| | | |Initial Year |Renewal Year 1 |Renewal Year 2 |Renewal Year 3 |
|50 |8 |$85.00 / hour | | | | |
______________________________________________
Signature
_____________________________________________
Name (Please print)
_____________________________________________
Title
THIS SECTION MUST BE COMPLETED WHEN PROPOSING VOCATIONAL EVALUATION SERVICES.
|Maximum Points |RCP Section |Maximum Allowable |Proposed Costs |
| | | |Initial Year |Renewal Year 1 |Renewal Year 2 |Renewal Year 3 |
|50 |8 |$1,100.00 per | | | | |
| | |Vocational | | | | |
| | |Evaluation | | | | |
______________________________________________
Signature
_____________________________________________
Name (Please print)
_____________________________________________
Title
ATTACHMENT E – Contract
All prospective Proposers should review the proposed standard Contract language contained below. In responding to this RCP, a prospective Proposer has agreed to accept the terms and conditions of the Contract specifications contained in this attachment. The Department reserves the right to make non-substantive modifications to the Contract specifications if it is deemed to be in the best interest of the Department or the State of Florida.
Contract No.________
STATE OF FLORIDA
DEPARTMENT OF FINANCIAL SERVICES
Reemployment Services and Vocational Evaluations
THIS CONTRACT (“Contract”) is entered into between the State of Florida, Department of Financial Services, 200 East Gaines Street, Tallahassee, Florida 32399 (“Department”) or its successor, and __________(Contractor Name)___________ (“Contractor”), collectively referred to as “Parties”, effective as of the last date signed below.
WHEREAS, the Department has determined that it is in need of Reemployment Services and Vocational Evaluations; and
WHEREAS, the Department is responsible for providing effective and efficient Reemployment Services and Vocational Evaluations to eligible injured employees in accordance with Section 440.491, Florida Statutes, and Rule Chapter 69L-55, Florida Administrative Code; and
WHEREAS, training and education services provided to injured employees pursuant to Section 440.491, Florida Statutes are specifically exempted from competitive solicitation pursuant to Section 287.057(3)(e)10, Florida Statutes; and
WHEREAS, the Contractor, as an independent Contractor of the Department, has the expertise and ability to faithfully perform such services.
NOW THEREFORE, in consideration of the services to be performed and payments to be made, together with the mutual covenants and conditions hereinafter set forth, the Parties agree as follows:
1. Services and Deliverables and Delivery Schedule
The Contractor agrees to render the services as set forth in Section 5, Scope of Services, in accordance with the Department’s Request for Contract Proposal (RCP), RCP # DFS WC RCP 13/14-14 and its attachments, and with the Contractor’s accepted Proposal to said RCP, including modifications agreed to by the Parties through subsequent negotiation. The Contractor’s performance shall be subject to all the terms, conditions and understandings set forth herein, including State of Florida Form PUR 1000, General Conditions incorporated herein by reference and available at . The services, reports or other units of deliverables specified herein shall be delivered or otherwise rendered by the Contractor on behalf of the Department in accordance with the schedule provided in Section 6, Deliverables attached herein.
2. Term of Contract.
The anticipated initial term of the Contract is one (1) year, beginning from the date the Contract is signed by both Parties. The Contract may be renewed for a period of up to three (3) one year renewals at the sole discretion of the Department. The renewal price is set forth in Phase III Agreement to Cost Sheet (Attachment D), not to exceed the costs as established in Rule 69L-22.012(1), F.A.C. Renewal shall be contingent upon availability of funds and satisfactory performance by the Contractor. Any renewal is subject to the same terms and conditions as the original Contract.
3. Payment.
A. Subject to the terms and conditions established by this Contract and the billing procedures established by the Department, the Department agrees to pay the Contractor in arrears for services rendered in accordance with the Phase III Agreement to Cost Sheet (Attachment D) attached herein.
B. Vendor Rights. Contractors providing goods and services to a State agency should be aware of the following time frames: Upon receipt, an agency has five (5) Business Days to inspect and approve the goods and services, unless the Proposal specifications, purchase orders or Contract specifies otherwise. An agency has twenty (20) Calendar Days to deliver a request for payment (voucher) to the Department of Financial Services. The twenty (20) Calendar Days are measured from the date the invoice is received after the goods or services are received, inspected and approved. The Department is to approve the invoice in the state financial system within twenty (20) Calendar Days.
If a payment is not available within forty (40) Calendar Days, a separate interest penalty, computed at the rate determined by the state of Florida Chief Financial Officer pursuant to Section 215.422, Florida Statutes, will be due and payable, in addition to the invoice amount, to the Contractor. The applicable quarterly interest rate may be found at . Invoices returned to a Contractor due to preparation errors will result in a payment delay. Invoice payment requirements do not start until a properly completed invoice is provided to the State agency with the Contractor’s proper tax payer identification information documentation to be submitted before the prompt payment standards are to be applied. Interest penalties of less than one (1) dollar will not be enforced unless the Contractor requests payment.
A Vendor Ombudsman has been established with the Department of Financial Services. The duties of this individual include acting as an advocate for Contractors who may be experiencing problems in obtaining timely payment(s) from a State agency. The Vendor Ombudsman may be reached at (850) 413-5516.
C. Taxes. The Department is exempted from payment of Florida state sales and use taxes and Federal Excise Tax. The Contractor, however, shall not be exempted from paying Florida state sales and use taxes to the appropriate governmental agencies or for payment by the Contractor to suppliers for taxes on materials used to fulfill its contractual obligations with the Department. The Contractor shall not use the Department's exemption number in securing such materials. The Contractor shall be responsible and liable for the payment of all its FICA/Social Security and other taxes resulting from this Contract. The Contractor shall provide the Department its taxpayer identification number upon request.
D. Expenses. The Contract is fixed price, fixed rate, with invoicing after approval of deliverables. Any expense incurred by the Contractor in providing the services specified in the Contract will not be reimbursed to the Contractor by the Department.
E. Payment Processing. All charges for services rendered or for reimbursement of expenses authorized by the Department in accordance with Paragraph 2 shall be submitted to the Department in sufficient detail and documentation for a proper pre-audit and post-audit to be performed. All payments for professional services and authorized expenses will be paid to the Contractor only upon the timely and satisfactory completion of all services and other units of deliverable such as reports, findings and drafts as required by Paragraph 2 above and upon the written acceptance of said services and units of deliverables such as reports, findings and drafts by the Department's designated Contract Manager. Interim payments may be made by the Department at its discretion under extenuating circumstances if the completion of services and other units of deliverables to date have first been accepted in writing by the Department's Contract Manager.
F. Contingency. If the terms of this Contract extend beyond the current fiscal year, the State of Florida's performance and obligation to pay under this Contract is contingent upon an annual appropriation by the Legislature.
G. Departmental Payments Sole Compensation for Contractor. The Contractor’s sole compensation for services provided under this Contract shall be the fees set forth in the Phase III Agreement to Cost Sheet (Attachment D). Any other compensation received by the Contractor from any other source in conjunction with the services provided under this Contract shall be fully disclosed in writing to the Department by the Contractor and the funds from such compensation shall be remitted to the Department within thirty (30) days of receipt of such compensation by the Contractor. The purpose of this section is to ensure that any undisclosed side agreements, revenue sharing agreements, contingent commissions or incentives will not be passed on to the Department in the form of hidden and potentially increased costs.
4. Acceptance.
All of the Contractor’s deliverables shall be submitted to the Department’s Contract Manager for review and approval. The Department’s approval and inspection of the Contractor’s service deliverables shall require no longer than five (5) Business Days from date of delivery of services, and fifteen (15) Business Days from date of delivery of documentary deliverables such as assignment summary reports. The Department reserves the right to reject deliverables as outlined in this Contract as incomplete, inadequate or unacceptable due in whole or in part to the Contractor’s lack of satisfactory performance under the terms of this Contract. The Department, at its option, may allow additional time within which the Contractor may remedy the objections noted by the Department and the Department may, after having given the Contractor a reasonable opportunity to complete, make adequate or acceptable said deliverables, including but not limited to reports, declare this Contract to be in default. All status and summary reports must be submitted timely showing tasks or activities worked on, attesting to the level of services provided, hours spent on each task/activity, and upcoming major tasks or activities. Failure to use the appropriate technical requirements as identified in this Contract will result in automatic task rejection and may not be invoiced or paid until correction of the task. Failure to complete the required duties as outlined in this Contract may result in the rejection of the invoice. Notwithstanding any provisions to the contrary, written acceptance of a particular deliverable does not foreclose the Department’s remedies in the event those performance standards that cannot be readily measured at the time of delivery are not met.
5. Information and Data Security and Confidentiality.
A. The Contractor, its employees, subcontractors and agents shall comply with all security procedures of the Department in performance of this Contract. The Contractor shall provide immediate notice to the Department Information Security Office (ISO) in the event it becomes aware of any security breach and any unauthorized transmission of state data or of any allegation or suspected violation of security procedures of the Department. Except as required by law or legal process and after notice to the Department, the Contractor shall not divulge to third parties any confidential information obtained by the Contractor or its its agents, distributors, resellers, subcontractors, officers or employees in the course of performing Contract work, including, but not limited to, Rule Chapter 71A-1, Florida Administrative Code, security procedures, business operations information, or commercial proprietary information in the possession of the state or the Department. The Contractor shall not be required to keep confidential information that is publicly available through no fault of the Contractor, material that the Contractor developed independently without relying on the state’s confidential information or information that is otherwise obtainable under state law as a public record.
B. Loss of Data. In the event of loss of any State data or record where such loss is due to the negligence of the Contractor or any of its subcontractors or agents, the Contractor shall be responsible for recreating such lost data in the manner and on the schedule set by the Department at the Contractor’s sole expense, in addition to any other damages the Department may be entitled to by law or the Contract. In the event lost or damaged data is suspected, the Contractor will perform due diligence and report findings to the Department and perform efforts to recover the data. If data is unrecoverable, Contractor will pay all the related costs associated with the remediation and correction of the problems engendered by any given specific loss. Further, failure to maintain security that results in certain data release will subject the Contractor to the administrative sanctions for failure to comply with Section 817.5681, Florida Statutes, together with any costs to the Department of such a breach of security caused by the Contractor.
C. Data Protection. No Department data (State Data) or information will be transmitted to, stored
in, processed in, or shipped to off-shore locations or out of the United States of America regardless of method, except as required by law. Examples of these methods include (but are not limited to): FTP transfer, DVD, tape, or drive shipping; regardless of level of encryption employed. Access to State Data shall only be available to approved and authorized staff, including remote/offshore personnel, that have a legitimate business need. Requests for remote access shall be submitted to the Department’s Help Desk. With approval, third parties may be granted time-limited terminal service access to IT resources as necessary for fulfillment of related responsibilities. Third parties shall not be granted remote access via VPN, private line, or firewall holes. Requests for exceptions to this provision may be submitted to the Department for approval. All remote connections are subject to detailed monitoring via two-way log reviews and the use of other tools, as deemed appropriate. When remote access needs change, the ISO shall be promptly notified and access shall be removed promptly. The Contractor shall encrypt all data transmissions containing confidential or confidential and exempt information. Remote data access must be provided via a trusted method such as SSL, TLS, SSH, VPN, IPSec or a comparable protocol approved by the Department. Confidential information must be encrypted using an approved encryption technology when transmitted outside of the network or over a medium not entirely owned for managed by the Department.
The Contractor agrees to protect, indemnify, defend and hold harmless the Department from and against any and all costs, claims, demands, damages, losses and liabilities arising from or in any way related to the Contractor’s breach of data security or the negligent acts or omissions of the Contractor related to this subsection.
D. Public Records.
1. The parties shall not be required to disclose to the public any materials protected by law, and disclosure of any confidential information received by the State of Florida will be governed by the provisions of Article I, Section 24 of the Florida Constitution, and the Florida Public Records Act, Chapter 119, Florida Statutes, and exceptions thereto. The provision of redacted Contract information on a website for public viewing does not substitute for the duty of the Department nor a state Contractor to respond to a public records request. The response to the requestor may include referral to the website for viewing the identical (redacted) version. Should the Contractor provide information deemed confidential or exempt from the Florida Public Records Act, then the Contractor shall place such information in an encrypted electronic form or a sealed separate envelope and provide the Department with an additional copy of its documentation containing such information that has been redacted to conceal only that information that the Contractor claims to be confidential. The Contractor is responsible for becoming familiar with the Florida Public Records Act with regard to records associated with the Contract. If a public records request is made to the Contractor, the Contractor will: immediately notify the Department of such request; process the request as approved by the Department’s Public Records section; and provide the Department progress status reports; and provide a copy of its intended redacted version in case there is a public records request. For noncompliance by the Contractor with Section 119.0701, Florida Statutes, or the above requirements regarding response to public records requests (collectively Public Records Tasks), the Department at its option may enforce these provisions by exercising “Step-In” rights as described in the Contract section regarding remedies or according to the termination provisions of the Contract or both. If a public records request is made to the Department for documentation related to this solicitation and the resulting Contract, the Department will notify the Contractor of such request if the Contractor has provided the Department with a notice of trade secret or other confidentiality as noted above. If a public records request is made to either party, the Contractor shall be solely responsible for taking whatever action it deems appropriate to legally protect its claim of exemption from the public records law. The Contractor acknowledges that the protection afforded by Section 815.045, Florida Statutes, is incomplete, and it is hereby agreed that no right or remedy for damages against the Department arises from any disclosure based on the Contractor’s failure to promptly legally protect its claim of exemption and commence such protective actions within ten (10) days of receipt of such notice from the Department. In the event the Contractor chooses to defend against release of such documents, data or information, and does not succeed in such defense, the Contractor agrees to indemnify the Department against any costs resulting from such order for release of such documents, data or information, except that each party shall be responsible for its own attorney fees. The Contractor shall retain such records for the longer of three years after the expiration of the Contract or the period required by the General Records Schedules maintained by the Florida Department of State (available at: ) .
2. The Contractor shall, to the extent required by Section 119.0701, Florida Statutes, (a) maintain public records required by the Department to perform the service; (b) provide access on the same conditions and at a cost not exceeding that provided in Chapter 119.07, Florida Statutes, (c) ensure exempt or confidential documents are not disclosed and (d) transfer public records at no cost to the Department on termination, destroy confidential duplicates, including remnant data, and provide electronic records in a format compatible with the Department’s systems at no cost to the Department. For noncompliance by the Contractor, the Department shall enforce these provisions according to the step-in provisions or termination provisions in the Contract or both.
3. The following records are specifically excluded from inspection, copying, and audit rights under the Contract:
a. Records of the Contractor (and subcontractors) that are unrelated to the Contract;
b. Documents created by and for the Department or other communications related thereto that are confidential attorney work product or subject to attorney-client privilege, unless those documents would be required to be produced for inspection and copying by the Department under the requirements of Chapter 119, Florida Statutes, and, Article I Section 24 of the Florida Constitution; and
c. The Contractor's (and subcontractors) internal cost and resource utilization data, or data related to employees, or records related to other customers of the Contractor, or any subcontractor who is not performing services under this Contract.
6. Insurance.
During the Contract term, including all renewal periods or extensions, the Contractor at its sole expense shall provide commercial insurance of such a type and with such terms and limits as may be reasonably associated with the Contract. At a minimum, this includes the following types of insurance for anyone directly or indirectly employed by the Contractor and the amount of such Insurance shall be the minimum limits as follows, unless otherwise approved by the Department’s designated Contract Manager:
A. Commercial general liability coverage, bodily injury, property damage: $1,000,000 per occurrence/$2,000,000 aggregate.
B. Automobile liability coverage, bodily injury, property damage: $1,000,000 Combined Single Limits. Insuring clause for both bodily injury and property damage shall be amended to provide coverage on an occurrence basis.
C. Workers’ compensation and employer’s liability insurance covering all employees engaged in any Contract work, in accordance with Chapter 440,Florida Statutes.
Such coverage may be reduced with the consent of the Department’s designated Contract Manager since certain subcontractors have potentially less exposure in liability than other subcontractors. All insurance policies shall be obtained through insurers authorized or eligible to write policies in the state of Florida. Except as agreed in a separate writing, no self-insurance coverage shall be acceptable unless the Contractor is licensed or authorized to self-insure for a particular coverage listed above in the state of Florida, or is an insured member of a self-insurance group that is licensed to self-insure in the state of Florida.
7. Termination.
A. The Department may, in its sole discretion, terminate the Contract at any time by providing ninety (90) Calendar Days advance written notice to the Contractor. Said notice shall be delivered by certified mail, return receipt requested, or in person with proof of delivery. The Contractor shall have the right to terminate the Contract at any time by providing the Department’s Contract Manager or his/her designee ninety (90) Calendar Days advance written notice.
B. All services performed by the Contractor prior to the termination date of this Contract shall be professionally serviced to conclusion in accordance with the requirements of the Contract. Should the Contractor fail to perform all services under the Contract, the Contractor shall be liable to the Department for any fees or expenses that the Department may incur in securing a substitute provider to assume completion of those services.
C. As provided in Section 287.058, Florida Statutes, the Department may terminate the Contract immediately in the event that the Department requests in writing that the Contractor allow public access to all documents, papers, letters, or other material subject to the provisions of Chapter 119, Florida Statutes, which are made or received by the Contractor in conjunction with the Contract, and the Contractor refuses to allow such access. However, nothing herein is intended to expand the scope or applicability of Chapter 119, Florida Statutes, to the Contractor. The Contractor shall not be required to disclose to the public any proprietary copyrighted trade secrets or other materials protected by law as pursuant to Section 119.07, Florida Statutes.
D. The Contractor hereby certifies 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. (See ). As provided in Section 287.135, Florida Statutes, the Department may terminate the Contract in the event the Contractor is found to have submitted a false certification as provided under Section 287.135 (5), Florida Statutes, or been placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List. Notice: Section 287.135, Florida Statutes, would operate to make businesses ineligible to contract with the State of Florida in specified circumstances. Currently, the 2012 changes to this section have been enjoined by a court of law. If ultimately upheld by the court, the Contractor may be required to amend the Contract to certify compliance with the law, i.e., that the business is not and will not engage in business operations in Cuba or Syria, or otherwise in compliance with Section 287.135 (5), Florida Statutes.
E. If at any time the Contract is canceled, terminated, or expires, and a Contract is subsequently executed with a firm other than the Contractor, the Contractor has the affirmative obligation to assist in the smooth transition of Contract services to the subsequent Contractor. Upon the earlier of six (6) months before the expiration of the Contract or upon any notice of termination of the Contract, the Contractor shall provide transition services (Exit Transition Services) to the Department without regard to the reason for termination, as stated herein. Exit Transition Services shall be provided for up to six (6) months during the term and after termination they will be limited to post-Contract activities involving knowledge transfer for such services and deliverables and all reasonable termination assistance requested by the Department to facilitate the orderly transfer of such services to the Department or its designees. Six months prior to termination, the Contractor shall provide the Department an explanation of the functional equivalent of the technical requirements of any services or proprietary products used to carry out the Contract and all documentation supporting a description of the technical and service requirements. Such termination assistance shall be at no additional charge to the Department if the termination is due to Contractor default or termination, otherwise the Department will pay the Contractor for Department-requested services in accordance with the current fees specified in the Contract.
F. If the Contractor defaults in the performance of any covenant or obligation contained in the Contract, including without limitation the minimum requirements contained in the Contract or in the event of any material breach of any provision of the Contract by the Contractor, the Department may, in its sole discretion, provide notice and an opportunity to cure the default rather than exercise the remedy of termination. If the default or breach is not cured within thirty (30) Calendar Days after written notice is given to the Contractor specifying the nature of the alleged default or breach, then the Department, upon giving written notice to the Contractor, shall have the right to terminate the Contract effective as of the date of receipt of the default notice.
G. Exit Transition Services. Upon the earlier of six (6) months before the expiration of the Contract or upon any notice of termination of the Contract, the Contractor shall provide transition services (Exit Transition Services) to the Department without regard to the reason for termination. Exit Transition Services shall be provided according to subsection E above unless otherwise waived by the Department. Exit Transition Services shall include: (i) continued provision of the Services and Deliverables on the same terms, conditions and pricing in effect at the end of the Contract term, until the State or a succeeding Vendor is prepared to provide all essential Services; (ii) the Contractor’s cooperation with the Department, its consultant(s) and the succeeding Vendor(s) designated by the Department; (iii) a non-proprietary explanation of the functional equivalent of the technical requirements of any services or proprietary products used to carry out the Contract and all documentation supporting such functionality; iv) usage patterns, growth rates and other information of interest to a Vendor attempting to appropriately size and plan for a similar service; (v) if needed, assistance with an explanation of the current operations to new Vendor staff; (vi) submission of a schedule for the Exit Transition Services; (vii) return of State-owned materials being utilized by the Contractor and all state data in a standard format designated by the Department; and (viii) in post-migration status, answering reasonable questions on an as-needed basis.
8. Events of Default.
Provided such failure is not the fault of the Department or outside the reasonable control of the Contractor, the following events, acts, or omissions, shall include but are not limited to, events of default:
A. Failure to pay any and all entities, individuals, and the like furnishing labor or materials, or failure to make payment to any other entities as required herein in connection with the Contract;
B. Failure to complete and maintain, within the timeframes specified between the Department and the Contractor, the applicable ongoing performance, maintenance, and provision of services specified in the Contract;
C. The commitment of any material breach of this Contract by the Contractor, failure to timely deliver a material deliverable, discontinuance of the performance of the work, failure to resume work that has been discontinued within a reasonable time after notice to do so, or abandonment of the Contract;
D. Employment of an unauthorized alien in the performance of the work specified in the Contract;
E. One or more of the following circumstances, uncorrected for more than thirty (30) calendar days unless within the specified thirty (30) day period, the Contractor (including its receiver or trustee in bankruptcy) provides to the Department adequate assurances, reasonably acceptable to the Department, of its continuing ability and willingness to fulfill its obligations under the Contract:
1. Entry of an order for relief under Title 11 of the United States Code;
2. The making by the Contractor of a general assignment for the benefit of creditors;
3. The appointment of a general receiver or trustee in bankruptcy of the Contractor’s business or property;
4. An action by the Contractor under any state insolvency or similar law for the purpose of its bankruptcy, reorganization, or liquidation;
5. Entry of an order revoking the certificate of authority granted to the Contractor by the State or other licensing authority.
F. The Contractor makes or has made an intentional material misrepresentation or omission in any materials provided to the Department or fails to maintain the required insurance.
9. Liability and Indemnification.
A. In addition to the provisions in PUR 1000 regarding liability, the following provisions apply: No provision in this Contract shall require the Department to hold harmless or indemnify the Contractor, insure or assume liability for the Contractor’s negligence, waive the Department’s sovereign immunity under the laws of Florida, or otherwise impose liability on the Department for which it would not otherwise be responsible. Except as otherwise provided by law, the Parties agree to be responsible for their own attorney fees incurred in connection with disputes arising under the terms of this Contract.
B. The Department’s maximum liability for any damages, regardless of form of action, shall in no event exceed the fees paid to Contractor for the relevant products and services giving rise to the liability, from the installation of products or the date of performance of the applicable services.
10. Remedies for Non-Performance.
To the extent that financial consequences are not further specified in the Contract, the following apply:
A. The Contractor acknowledges that its failure to meet an agreed upon deadline for delivery of services will damage the Department but that by their nature such damages are impossible to ascertain presently and will be difficult to ascertain in the future. Accordingly, the Parties agree upon a reasonable amount of liquidated damages which are not intended to be a penalty and are solely intended to compensate for unknown and unascertainable damages. Accordingly liquidated damages shall be assessed on the Contractor the amounts as stated for each applicable deliverable in the statement of work for each day the Contractor fails to complete agreed upon work after expiration of the time allowed by the Contract, subject to the force majeure provisions of the Contract. Allowing completion after the time allowed shall not act as a waiver of liquidated damages.
Nothing in this section shall be construed to make the Contractor liable for delays that are beyond its reasonable control. Nothing in this section shall limit the Department’s right to pursue its remedies for other types of damages.
B. Step-in Rights
1. For noncompliance by the Contractor with tasks related to public records, the Department at its option may enforce these provisions by exercising “Step-In” rights as described below.
2. If the Department exercises its Step-In rights, the Contractor must cooperate fully with the Department (including its personnel and any third parties acting on behalf of the Department) and shall provide, at no additional charge to the Department, all assistance reasonably required by the Department as soon as possible, including:
a. providing access to all relevant equipment, premises and software under the Contractor’s control as required by the Department (or its nominee); and
b. ensuring that the Contractor personnel normally engaged in the provision of the public records tasks are available to the Department to provide assistance which the Department may reasonably request.
3. The Department’s Step-In rights will end, and the Department will hand back the responsibility to the Contractor, when the Contractor demonstrates to the Department’s reasonable satisfaction that the Contractor is capable of resuming provision of the affected Public Records tasks in accordance with the requirements of the RCP Section 3.1.2 Public Records and Confidential Trade Secret Information and that the circumstances giving rise to the Step-In right cease to exist and will not recur.
4. The Contractor must reimburse the Department for all reasonable costs incurred by the Department (including reasonable payments made to third parties) in connection with the Department’s exercise of Step-In rights and provision of the affected public records tasks (“Step-In Costs”).
5. The Department will continue to pay the Contractor the charges (including that portion which relates to the affected public records tasks) due for the products or services, provided that the Contractor reimburses the Department for the Step-In Costs. If the Contractor fails to reimburse the Department within 30 days of receipt of the Department’s demand for payment of Step-In Costs, the Department is entitled to set off such Step-In Costs against a subsequent invoice.
11. State property.
Title to all property furnished by the Department under this Contract shall remain in the Department, and the Contractor shall surrender to the Department all property of the Department prior to settlement upon completion, termination, or cancellation of the Contract. All deliverables and reports generated by the Contractor and delivered to the Department, and all of the data collected or created for or provided by the Department (State data) under this Contract shall become and remain the Department's property upon receipt and acceptance. All work materials developed by the Contractor under this Contract and any prior agreement between the Parties shall be deemed to be work made for hire and owned exclusively by the state of Florida, Department of Financial Services.
12. Contract Modification.
The Contract specifications may be amended only by a written agreement between the Parties subject to the provisions of Chapter 287, Florida Statutes.
13. Nonexclusive Contract.
Execution of the Contract shall not provide the Contractor with an exclusive license to provide the services described in the solicitation or the resulting Contract. The Department may, without limitation and without recourse by the Contractor, contract with other Vendors to provide the same or similar services.
14. Statutory Notices.
The Department shall consider the employment by any Contractor of unauthorized aliens a violation of Section 274A(e) of the Immigration and Nationality Act. Such violation shall be cause for unilateral cancellation of this Contract. An entity or affiliate who has been placed on the public entity crimes list or the discriminatory Vendor list may not submit a Proposal to provide any goods or services to a public entity, may not be awarded or perform work as a Contractor, supplier, subcontractor, or consultant under a Contract with any public entity, and may not transact business with any public entity pursuant to limitations under Chapter 287, Florida Statutes.
15. Compliance with Federal, State and Local Laws.
The Contractor and all its agents shall comply with all federal, state and local regulations, including, but not limited to, nondiscrimination, wages, social security, worker’s compensation, licenses and registration requirements.
16. Background and employment eligibility verification.
The Contractor is responsible for payment of costs, if any, and retaining records relating to, employment eligibility verification, which records are exempt from Chapter 119, Florida Statutes, which verification requires the following:
A. The Chief Financial Officer has directed, in cooperation with the Governor’s Executive Order 11-116, that the Contractor must participate in the federal E-Verify Program for Employment Verification under the terms provided in the “Memorandum of Understanding” with the Federal Department of Homeland Security governing the program if any new employees are hired to work on this Contract during the term of the Contract. The Contractor agrees to provide to the Department, within thirty (30) calendar days of hiring new employees to work on this Contract, documentation of such enrollment in the form of a copy of the E-Verify “Edit Company Profile” screen, which contains proof of enrollment in the E-Verify Program. Information on “E-V erify” is available at the following website: e-verify
B. The Contractor further agrees that it will require each subcontractor that performs work under this Contract to enroll and participate in the E-Verify Program. If the subcontractor hires new employees during the term of this Contract, the subcontractor must process those new employees through the E-Verify Program. The Contractor shall include this provision in any subcontract and obtain from the subcontractor(s) a copy of the “Edit Company Profile” screen indicating enrollment in the E-Verify Program and make such record(s) available to the Department upon request.
C. Compliance with the terms of this Employment Eligibility Verification provision will be an express condition of this Contract and the Department may treat a failure to comply as a material breach of this Contract.
17. Miscellaneous.
A. This Contract and its references and attachments embody the entire agreement of the Parties. There are no other provisions, terms, conditions, or obligations. This Contract supersedes all previous oral or written communications, representations or agreements on this subject. In any conflict between this Contract and any references and attachments, the terms and conditions of this Contract shall take precedence and govern. Acceptance of service or processing of documentation on forms furnished by the Contractor for approval or payment shall not constitute acceptance of any proposed modification to terms and conditions.
B. Any dispute concerning performance of the Contract shall be decided by the Department's designated Contract manager, who shall reduce the decision to writing and send a copy to the Contractor at a previously provided address. In the event a party is dissatisfied with the dispute resolution decision, jurisdiction for any dispute arising under the terms of the Contract will be in the courts of the state of Florida, and venue will be in the Second Judicial Circuit, in and for Leon County. Except as otherwise provided by law, the Parties agree to be responsible for their own attorney fees incurred in connection with disputes arising under the terms of this Contract.
C. The laws of the state of Florida and the Department’s rules govern this Contract.
D. The Contractor agrees that no funds received by it under this Contract will be expended for the purpose of lobbying the Legislature or a state agency pursuant to Section 216.347, Florida Statutes, except that pursuant to the requirements of Section 287.058(6), Florida Statutes, during the term of any executed Contract between the Contractor and the state, the Contractor may lobby the executive or legislative branch concerning the scope of services, performance, term, or compensation regarding that Contract.
E. The Contractor is an independent Contractor, and is not an employee or agent of the Department.
F. All contracted services are to be performed solely by the Contractor and may not be subcontracted or assigned without the prior written consent of the Department. The Department may refuse access to or require replacement of any Contractor employee, subcontractor or agent for cause, including but not limited to technical or training qualifications, quality of work, change in security status, or non-compliance with a Department policy or other requirement. Such action shall not relieve the Contractor of its obligation to perform all work in compliance with the Contract.
G. The respective obligations of the Parties, which by their nature would continue beyond the termination or expiration of this Contract, including without limitation, the obligations regarding confidentiality, proprietary interests, and limitations of liability, shall survive termination, cancellation or expiration of this Contract.
H. The Contractor hereby agrees to protect, indemnify, defend and hold harmless the Department from and against any and all costs, claims, demands, damages, losses and liabilities arising from or in any way related to the Contractor’s breach of this Contract or the negligent acts or omissions of the Contractor.
I. The Department shall not be deemed to assume any liability for the acts, omissions to act or negligence of the Contractor, its agents, servants, and employees, nor shall the Contractor disclaim its own negligence to the Department or any third party.
J. If a court of competent jurisdiction deems any term or condition herein void or unenforceable, the other provisions are severable to that void provision, and shall remain in full force and effect.
K. In accordance with Section 284.33, Florida Statutes, the Department is authorized to contract and make payment for the services described herein.
18. Execution in Counterparts and Authority to Sign.
This Contract may be executed in counterparts, each of which shall be an original and all of which shall constitute the same instrument. Each person signing this Contract warrants that he or she is duly authorized to do so and to bind the respective party to the Contract.
19. Contract Administration.
A. The Department’s Contract Manager is Margaret Howard located at 200 E. Gaines Street, Tallahassee, FL 32399-4225.
B. The Contractor’s Contract Manager is ___________ located at _______.
C. All written and verbal approvals referenced in this Contract must be obtained from the Parties' Contract managers designated in this section, or their designees.
IN WITNESS WHEREOF, the Parties acting with proper authority have caused this Contract to be executed by their signatures below.
CONTRACTOR FLORIDA DEPARTMENT OF
FINANCIAL SERVICES
___________________________________
Signature of Contractor Authorized Agent Signature of Department Authorized Agent
___________________________________
Name of Contractor Authorized Agent Name of Department Authorized Agent
___________________________________
Title of Contractor Authorized Agent Title of Department Authorized Agent
___________________________________
Date Date
ATTACHMENT F – DWC-23 Request for Screening
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ATTACHMENT G – REEMPLOYMENT Services Questionnaire
REEMPLOYMENT SERVICES QUESTIONNAIRE
Personal Information
|Name: | |Date of Accident: | |
|Address: | | |Date of Birth: | | |
|Address: | | | | | |
|City, State | |Zip Code | |County | | |
|Phone # |( ) |Cell Phone # |( ) | | |
|E-Mail Address: | |
|Preferred Method of Contact: | Email Phone Mail |
|How did you hear about us? | |
|1. |U.S. Citizen: Yes No |Resident Alien: Yes No |
| | |Resident Alien #: | |
|2. |Have you ever been convicted of a Felony or Misdemeanor? | Yes No |
| |If yes, what were you convicted of? | |
| | | |
| |When were you convicted? | | |
| |What State, county and city were you convicted in? | |
|FOR INTERNAL USE ONLY |
|Date of Interview: | | Reemployment Associate: | |
|Referral Source: | |Area: | |Office: |
Employer & Insurer Information
|Employer: | |Telephone # |( ) | |
|Address: | |Fax #: |( ) | |
|City, State, Zip | |E-Mail Address: | |
|Contact person: | |Telephone # |( ) |
| | | | |
|WC Carrier: | |Telephone # |( ) | |
|Address: | |Fax #: |( ) | |
|City, State, Zip | |E-Mail Address: | | |
|Adjuster: | |Extension # | |
Claim Status & Medical Information:
|1. |Have you settled your claim with the Insurance Carrier? | Yes No |
|2. |What part(s) of your body were injured as a result of your accident? | |
| | |
|3. |Do you have pending surgery/additional medical treatment(s)? Yes No |
| |If yes, please explain: | |
|4. |Do you have any other medical condition(s) that may affect your ability to work? Yes No |
| |If yes, please explain: | |
| | |
|5. |Have you been told by your Workers Compensation doctor that you will not be able to return to you previous position because of your Workers Compensation |
| |injury? Yes No |
|6. |Have you been told by your Workers' Compensation doctor that you will have any permanent physical restrictions as a result of your Workers' Compensation |
| |injury? Yes No |
| |If yes, what do you understand you physical restrictions to be? | |
| | |
|7. |Have you been told by your Workers' Compensation doctor that you have reached maximum medical improvement? Yes No |
|8. |Do you have any other conditions that would affect your ability to return to work? | Yes No |
|9. |If yes, explain: | |
| | |
| | |
Employment & Work History
PLEASE LIST EMPLOYMENT EXPERIENCE FOR THE LAST 15 YEARS.
If you require additional space, please attach information on a separate sheet.
|Dates Worked |Name of Employer |Job Title |Job Duties |
| | | | | |
|From: |/ / | | | |
| | | | | |
|To: |/ / | | | |
| | | | | |
|From: |/ / | | | |
| | | | | |
|To: |/ / | | | |
| | | | | |
|From: |/ / | | | |
| | | | | |
|To: |/ / | | | |
| | | | | |
|From: |/ / | | | |
| | | | | |
|To: |/ / | | | |
|1. |Have you returned to work? | Yes No |
| |If no, have you talked with your employer about return to work? | |
| | |
| |If yes, explain what happened? | |
| | |
|2. |Have you looked for work since your injury? | Yes No |
|3. |What kinds of jobs were you looking for? | |
| | |
|4. |Where have you looked for work? | |
|5. |What jobs have you applied for? | |
|6. |If you have not looked for work please explain why? | |
Educational & Transportation Information
|1. |PLEASE PROVIDE THE FOLLOWING INFORMATION: |
| |a. |Highest Grade Completed: | |
| |b. |High School Graduate - Date Graduated: | |
| |c. |GED- Date Received: | |
| |d. |Associate’s Degree - Major: | |
| |e. |Bachelor’s Degree - Major: | |
| |f. |Master’s Degree - Major: | |
| |g. |Vocational / technical training – area of study | |
| |h |Other | |
|2. |What type of training have you received from past employers or in the military? | |
| | |
|3. |List any other special skills you possess (language, computer…) | |
| | |
Please attach copies of all diplomas and/or certificates for any type of training you have received including any received in the military. Also attach college transcripts for all classes completed.
|4. |What transportation is available to you? | |
|5. |Driver’s License: Yes No | Class: | | Expiration Date: | |
| |Clear last 3 years? Yes No | | |
| |If no, explain | |
I certify that to the best of my knowledge and belief all of the statements contained herein are true, correct, complete, and made in good faith.
| | | |
|Injured Employee Signature |Date completed this questionnaire |
Attachment H – SERVICE Areas
[pic]
ATTACHMENT I – TECHNICAL EVALUATION CRITERIA
| |
|TECHNICAL EVALUATION CRITERIA – INTERNAL DOCUMENT |
|FOR DEPARTMENT USE ONLY |
| |
|PHASE I - INITIAL SCREENING |
|Screened by: ____________________________________ |
|Proposer: _____________________________________ |
|Services proposed: ___ Reemployment Services ___ Vocational Evaluations |
|Response complete? ___ Yes ___ No |
|If no, please explain: _______________________________________________ |
|Forwarded to Evaluation Team: ___ Yes ___ No |
| |
|PHASE II - TECHNICAL EVALUATION |
|Evaluated by: ________________________________________________________________________ |
|Proposed Service Area(s): _________________________ |
| |
| |Possible Points |Total Points |
| | |Awarded |
|Tab 1 – 3.4.1 – Certificate |5 | |
|Tab 2 – 3.4.2 – Management Summary |15 | |
|Tab 3 – 3.4.3 – Capabilities |15 | |
|Tab 4 – 3.4.4 – Reemployment Services and Vocational Evaluation Provider(s) |0 | |
|(Maximum 45 Points) | | |
| Years of experience providing Reemployment Services & Vocational Evaluations |15 | |
|Workers’ Compensation experience |15 | |
|Certifications |15 | |
|Tab 5 – 3.4.5 – Technical Approach (Maximum 60 Points) |0 | |
|3.4.5.1, 3.4.5.2, & 3.4.5.4 |15 | |
|Service Coverage |15 | |
|Reemployment Services / Vocational Evaluation Reports |15 | |
|Performance Metrics |15 | |
|Tab 6 – 3.4.6 – Innovative Ideas (Optional) |0 | |
|Tab 7 – 3.4.7 – Phase II Technical Evaluation Sheets |0 | |
|Reemployment Services |5 | |
|Vocational Evaluations |5 | |
|Tab 8 – 3.4.8 – Phase III Agreement to Cost |50 | |
|OVERALL SCORE | |
|MAXIMUM POINTS POSSIBLE |200 |
ATTACHMENT J – CLIENT REFERENCE FORM
CLIENT REFERENCE FORM
This form must be completed when proposing reemployment and/or vocational evaluation services.
Proposer’s Name:_________________________________________________________
Proposer’s Name (If different when services were performed):___________________________________________________
Client’s Name:____________________________________________________________
Address:_________________________________________________________________
Primary Contact Person: Alternate Contact Person:
_________________________ _________________________________
Primary Phone Number: Alternate Phone Number:
_________________________ _________________________________
Primary Fax Number: Alternate Fax Number:
_________________________ _________________________________
Performance Period: _______________________________________________
Location of Services: ______________________________________________________
Brief Description of Services Performed by the Above Named Client:
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
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