Request for Proposals

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Request for Proposals

  1. 1. Request for Proposals Wind Certification Entities Florida Department of Financial Services DFS RFP 07/08-11 January 18, 2008 1
  2. 2. Request for Proposals Wind Certification Entities Florida Department of Financial Services Request for Proposals No. DFS RFP 07/08-11 CAUTION: Proposers and other interested parties must NOT directly or indirectly contact anyone in the Florida Department of Financial Services concerning any aspect of this RFP, other than the Department's Purchasing Agent. See General Instructions, sections entitled Purchasing Agent; Limitation on Vendor Contact with Agency during Solicitation Period; and Questions. Respondents are cautioned and reminded to read carefully and respond precisely and fully to all information contained on PUR Forms 1001, General Instructions to Respondents, and PUR 1000, General Conditions which, except as modified by this RFP, (which constitutes Special Conditions to PUR 1000 and PUR 1001) are incorporated and are attached as the cover sheets to this RFP as well as any requirements specified in the proposal itself. Forms PUR 1000 and PUR 1001 are attached or available online at http://dms.myflorida.com/business_operations/state_purchasing/documents_forms_referen ces_resources/purchasing_forms Respondents 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 which fail to demonstrate both willingness and ability to comply with such a condition or specification will be considered non-responsive and will be disqualified. Contents of the RFP PART I, INTRODUCTORY SECTION ............................................................................................................... 6 A. OVERVIEW OF THE PROCUREMENT....................................................................................................... 6 B. PROCUREMENT TIMETABLE....................................................................................................................... 6 C. MANDATORY PRE-PROPOSAL CONFERENCE .................................................................................... 7 PART II, SPECIAL CONDITIONS..................................................................................................................... 7 A. GENERAL INSTRUCTIONS REGARDING PROPOSALS .................................................................. 7 1) DEFINITIONS.......................................................................................................................................................... 7 2) GENERAL INSTRUCTIONS. ..................................................................................................................................... 8 3) ELECTRONIC SUBMISSION OF RESPONSES. ........................................................................................................ 8 4) SOLICITATION TERMS AND CONDITIONS. ........................................................................................................... 8 5) PURCHASING AGENT; LIMITATION ON VENDOR CONTACT WITH AGENCY DURING SOLICITATION PERIOD. .................................................................................................................................................................. 9 6) QUESTIONS. ......................................................................................................................................................... 10 7) RESPONDENT’S REPRESENTATION AND AUTHORIZATION. ............................................................................... 10 8) PERFORMANCE QUALIFICATIONS........................................................................................................................ 10 9) ELECTRONIC POSTING OF NOTICE OF INTENDED AWARD. .............................................................................. 11 10) FIRM RESPONSE. ............................................................................................................................................... 11 11) CLARIFICATIONS/REVISIONS........................................................................................................................... 11 12) MINOR IRREGULARITIES/RIGHT TO REJECT. [SEE PUR 1001 ¶16]......................................................... 11 13) CONTRACT FORMATION. ................................................................................................................................... 11 14) DISPUTE RESOLUTION...................................................................................................................................... 11 2
  3. 3. 15) PUBLIC RECORDS. .............................................................................................................................................. 11 16) PROTESTS. ......................................................................................................................................................... 12 B. SPECIAL INSTRUCTIONS REGARDING PROPOSALS................................................................... 12 2) PERMISSIVE VERSUS MANDATORY TERMINOLOGY............................................................................................ 12 3) MODIFICATIONS TO RFP; RESPONSES TO QUESTIONS ................................................................................... 12 4) MANDATORY MINIMUM REQUIREMENTS............................................................................................................. 13 5) WHERE TO SUBMIT PROPOSAL........................................................................................................................... 13 PART III STATEMENT OF WORK................................................................................................................ 14 ATTACHMENTS........................................................................................................................................................ 15 ATTACHMENT 1, STATEMENT OF WCE WORK ....................................................................................... 16 1.1 PROGRAM BACKGROUND; GENERAL MATTERS.......................................................................... 18 1.2 TYPES OF INSPECTION SERVICES TO BE PROVIDED............................................................. 18 1.3 TYPES OF STRUCTURES TO BE INSPECTED.................................................................................. 18 1.4 SURVEY INSPECTIONS; PURPOSE; PROCEDURES.................................................................... 19 1.5 MARKETING; ROLE OF WCES................................................................................................................ 20 1.7 QUALITY ASSURANCE PROGRAM....................................................................................................... 22 1.9 SERVICE REGIONS; NUMBER OF WCES TO BE SELECTED.................................................... 24 1.10 ESTIMATED NUMBER OF INSPECTIONS ....................................................................................... 24 1.11 PRODUCTION REQUIREMENTS .......................................................................................................... 25 1.13 COMPENSATION OF WCES.................................................................................................................... 25 1.14 REPORTING DELIVERABLES ................................................................................................................ 26 1.15 SCHEDULING AND RE-SCHEDULING INSPECTIONS; TERMINATING SCHEDULING EFFORTS ..................................................................................................................................................................... 26 1.16 PHONE AND EMAIL CONTACT POINTS .......................................................................................... 27 1.17 INSPECTORS & OTHER WCE PERSONNEL.................................................................................... 28 1.17.1 GENERAL ...................................................................................................................................................... 28 1.17.2 INSPECTORS, REQUIRED EXPERIENCE....................................................................................................... 29 1.17.3 INSPECTORS AND OTHER STAFF COMPENSATION .................................................................................... 30 1.17.4 INSPECTORS -- DRESS CODE ETC.............................................................................................................. 30 1.17.5 INSPECTORS, WCE STAFF AND MANAGEMENT-- CRIMINAL BACKGROUND AND DRUG USE REQUIREMENTS .................................................................................................................................................... 31 1.17.5.1 CRIMINAL HISTORY CHECK; FINGERPRINTING. ................................................................................... 30 1.17.5.2 REQUIRED DRUG CHECKS. ..................................................................................................................... 30 1.17.6 INSPECTORS, REQUIRED INITIAL TRAINING ............................................................................................. 34 1.17.8 WCES TO PROVIDE PERIODIC LIST OF INSPECTORS USED .................................................................... 35 1.17.9 WCE TO PROVIDE NAMES OF INSPECTORS TERMINATED FOR CAUSE ................................................. 35 1.18 INSPECTIONS .............................................................................................................................................. 35 1.18.1 REQUIRED TOOLS ........................................................................................................................................ 35 1.18.2 HOMEOWNERS' RECORDS ........................................................................................................................... 35 1.18.3 CONDUCTING THE INSPECTION .................................................................................................................. 36 1.18.4 ACKNOWLEDGMENT OF SURVEY INSPECTIONS ......................................................................................... 37 3
  4. 4. 1.18.5 SURVEY INSPECTION REPORT .................................................................................................................... 37 1.19 REQUIRED WCE INSURANCE............................................................................................................... 37 1.20 ETHICS; CONFIDENTIALITY; RELATED PROVISIONS ......................................................... 38 1.21 INFORMATION TECHNOLOGY REQUIREMENTS........................................................................ 39 1.22 OTHER MATTERS ........................................................................................................................................ 41 ATTACHMENT 2, INSTRUCTIONS FOR PREPARING PROPOSALS .............................................. 43 1. Format A) PROPOSALS TO BE BOUND IN 3-RING BINDERS ........................................................................ 44 B) ORIGINAL AND NINE PAPER COPIES OF PROPOSAL REQUIRED....................................... 44 C) TABBED SECTIONS & CONTENTS OF SAME..................................................................................... 44 D) CONSECUTIVE PAGE NUMBERS.............................................................................................................. 45 E) REPEAT INSTRUCTIONS AND QUESTIONS FOR EACH TAB .................................................... 45 F) ANSWER YES/NO QUESTIONS WITH AN "X" OR CIRCLE THE APPLICABLE ANSWER ......................................................................................................................................................................................... 45 G) PROVIDE ONE COPY OF ENTIRE PROPOSAL ON CD IN PDF FORMAT. ............................ 45 H) TRADE SECRET AND OTHER ASSERTED CONFIDENTIAL MATERIALS.............................. 45 2. Contents A) PROPOSAL TAB SECTIONS....................................................................................................................... 46 TAB 1, TRANSMITTAL LETTER ................................................................................................................................... 46 TAB 2, GENERAL INFORMATION ................................................................................................................................ 46 TAB 3, ENTITY STATUS ............................................................................................................................................. 47 TAB 4A, BALANCE SHEETS ....................................................................................................................................... 48 TAB 4B, CASH FLOW STATEMENT ............................................................................................................................ 48 TAB 4C, FINANCIAL RATIOS ..................................................................................................................................... 48 TAB 4D, OTHER FINANCIAL INFORMATION ............................................................................................................. 49 TAB 5, GOVERNMENT REFERENCES; RECOMMENDATIONS; RELATED MATTERS................................................... 49 TAB 6, DESCRIPTION OF PROPOSER'S BUSINESS AND BUSINESS HISTORY ....................................................... 50 TAB 7, PROPOSER'S KEY STAFF .............................................................................................................................. 51 TAB 8, INFORMATION TECHNOLOGY ......................................................................................................................... 51 TAB 9, QUALITY ASSURANCE PROGRAM ................................................................................................................. 52 TAB 10, INSURANCE .................................................................................................................................................. 53 TAB 11A, INSPECTORS, SOURCE OF........................................................................................................................ 53 TAB 11B, INSPECTOR TRAINING ............................................................................................................................. 53 TAB 11C, INSPECTOR AND SUBCONTRACTOR DRUG TESTING .............................................................................. 53 TAB 11D, INSPECTOR AND OTHER STAFF CRIMINAL HISTORY CHECK ................................................................ 53 TAB 11E, INSPECTOR EXPERIENCE REQUIREMENTS ............................................................................................... 54 TAB 11F, INSPECTORS, OTHER MATTERS ............................................................................................................... 54 TAB 12. SERVICE AREAS; CAPACITY COMMITMENTS ............................................................................................ 54 TAB 13. SEREVABILITY OF SERVICE REGION PROPOSAL ..................................................................................... 54 TAB 14, PRICE ACKNOWLEDGEMENT ....................................................................................................................... 55 TAB 15, ETHICS; CONFIDENTIALITY; RELATED PROVISIONS................................................................................ 55 ATTACHMENT 3, EVALUATION OF PROPOSAL...................................................................................... 57 ATTACHMENT 4, MINIMUM QUALIFICATIONS..................................................................................... 63 4
  5. 5. ATTACHMENT 5A, RISK MANAGER AGREEMENT OF WCE ............................................................. 64 ATTACHMENT 5B, FORM 1802 ....................................................................................................................... 65 ATTACHMENT 6, SUGGESTED TOOLS & EQUIPMENT FOR INSPECTIONS............................. 66 ATTACHMENT 7, IDENTICAL TIE RESPONSE CERTIFICATION ................................................... 67 ATTACHMENT 8, INVOICE FORMAT FOR WCES ................................................................................... 68 ATTACHMENT 9, FORMAT OF EXCEL FILE TO ACCOMPANY INVOICE FOR PAYMENTS . 69 ATTACHMENT 10, SURVEY CHECKLIST FORM ...................................................................................... 70 ATTACHMENT 11, PROVIDER CONTRACT................................................................................................ 71 ATTACHMENT 12, REGIONAL MAP .............................................................................................................. 77 ATTACHMENT 13, INSPECTOR & OTHER STAFF CRIMINAL HISTORY AFFIDAVIT .......... 78 ATTACHMENT 14, WCE INSPECTOR RESOURCE MANUAL ............................................................ 81 ATTACHMENT 15, APPROVED FINGERPRINT PROCESSING FACILITIES............................. 82 ATTACHMENT 16, CUSTOMER SERVICE COMPLAINT FORM........................................................ 82 5
  6. 6. PART I, INTRODUCTORY SECTION A. OVERVIEW OF THE PROCUREMENT 1) The Florida Department of Financial Services (the Department) seeks proposals from entities meeting minimum qualifications as specified in this Request for Proposals (RFP), who desire to provide the Department services as a "Wind Certification Entity" (WCE) under Section 215.5586, Florida Statutes. 2) Attachment 1 to this RFP contains an overview of the program as relevant to this procurement, a description of the services sought under this RFP, and sets forth many of the significant terms and conditions related to the services sought. However, proposers are cautioned that this RFP, including all Attachments to the RFP, must be read in its entirety. B. PROCUREMENT TIMETABLE The Department reserves the right to make adjustments to the Timetable. See the section of this RFP entitled "Modification of Request for Proposals." Activity Due Date Time Address 1) RFP Release Date January 18, 2008 Vendor Bid System (VBS) @ http://vbs.dms.state.fl.us/vb s/main_menu and http://www.mysafefloridahome.c om/ 2) Mandatory Pre- January 28,2008 10 a.m. (est.) Larson Building, 200 East proposal Gaines Street, Room 116, Conference Tallahassee FL 32399 3) Submission of January 28, 2008 5:00 p.m. (est.) Submit written inquires via written inquires email or fax to the Purchasing Agent identified in Section 1.2: Jay Facemire Larson Building, 200 East Gaines Street RM B-24, Tallahassee, Florida 32399 - 0317 4) Posting of all January 30, 2008 Vendor Bid System (VBS) @ timely received http://vbs.dms.state.fl.us/vb requests and s/main_menu and related answers on http://www.mysafefloridahome.c or about om/ 5) Opening of February 26, 2008 Each RFP must 200 E. Gaines Street, Larson Proposals be received by Bldg. RM B-24, Purchasing Purchasing Office Office, Attn: Jay Facemire no later than 3:00 p.m. (est.) 6) Posting of Notice April 7, 2008 Vendor Bid System (VBS) @ of Intended Award http://vbs.dms.state.fl.us/vb on or about s/main_menu and http://www.mysafefloridahome.c om/ 6
  7. 7. 7) Anticipated April 30, 2008 effective date of contract The Department reserves the right to make adjustments to the Procurement Timetable regarding the schedule which will be announced to all vendors that have expressed interest by participating in the events listed in. C. MANDATORY PRE-PROPOSAL CONFERENCE There will be a mandatory bidder’s conference in RM 116, Larson Building, Tallahassee FL 32399, on January 28, 2008 at 10 a.m. Eastern Standard Time (est.). PART II, SPECIAL CONDITIONS A. GENERAL INSTRUCTIONS REGARDING PROPOSALS 1) Definitions. Modifies PUR 1001. The following definitions and explanations apply throughout this RFP unless expressly indicated otherwise in particular usages of the terms listed: a) "Asserted confidential material" refers to any materials provided by a Proposer in or with their proposal, in which material the Proposer asserts is exempt from public disclosure under Florida's public records law, Chapter 119, Florida Statutes. b) "Business days" include only Monday through Friday, inclusive, except for holidays declared and observed by the state government of Florida. c) "Business hours" means 8 AM to 5 PM on all business days. d) "Calendar days" count all days, including weekends and holidays. e) "Contract” "contract" refers to the contract that will be awarded to successful Proposers under this RFP. f) "Contractor” or “Provider” refers, to a business entity to which a contract has been awarded by the Department for WCE services in accordance with a proposal submitted by that entity in response to this RFP. g) "Department," "DFS," and "Buyer" all refer to the Florida Department of Financial Services. h) "Eligible residences" are: i) Single family, detached, site-built, residential property j) "Purchasing Agent" and "Procurement Officer" as used herein refer to the same person, identified in this RFP as the Department's central and sole point of contact for Proposers and other interested parties seeking information about this RFP. k) "Proposer" and "Respondent" both mean the entity that submits materials to the Department in accordance with these Instructions. The terms "Respondent" and "Proposer" are used interchangeably in this RFP. l) "Program" refers to the program of inspections and grants directed by the Florida Legislature, pursuant to Section 215.5586, Florida Statutes. m) "Response" and “Proposal” means the material submitted by the Proposer to the Department in responding to this RFP. n) "RFP" refers to this Request for Proposals and includes attachments to this Request for Proposals unless stated otherwise. o) "Timeline" means the list of actions and related dates specified in this RFP. 7
  8. 8. p) "My Safe Florida Home program,” and “MSFH” and "Florida Comprehensive Hurricane Damage Mitigation Program," refer to the program created by Section 215.5586, Florida Statutes. q) "MySafeFloridaHome Web site" refers to the Florida Department of Financial Services' "MySafeFloridaHome" Web site, which commences at http://www.mysafefloridahome.com/. Updates and materials related to this proposal may be accessed by clicking on the tab referring to WCEs or Wind Certification Entities that appears on the web page at http://www.mysafefloridahome.com/. r) “WINGS” refers to the Florida Department of Financial Services’ selected web-based providing WCEs with an interface using a centralized, web-based inspection referral and management system. s) "Vendor Bid System" and “VBS” refers to the State of Florida internet-based vendor information system at http://fcn.state.fl.us/owa_vbs/owa/vbs_www.main_menu. t) "WCE" and "WCEs" refer respectively to "Wind Certification Entity" and "Wind Certification Entities." See s. 215.5586, Florida Statutes. 2) General Instructions. Potential respondents to the solicitation are encouraged to carefully review all the materials contained herein and prepare responses accordingly. The RFP must be read as a whole. All statements in this RFP must be read in the light of all other statements made in the RFP. PUR forms 1001 and 1000 are applicable to this RFP, except as modified herein. Any contract(s) resulting from this RFP will include the General Contract Conditions set forth in the Florida Department of Management Services form PUR 1000, except as indicated otherwise in this RFP. PUR forms 1000 and 1001 are available for inspection and download at the Web site of the Florida Department of Management Services, web address http://dms.myflorida.com/business_operations/state_purchasing/documents_forms_reference s_resources/purchasing_forms. 3) Electronic Submission of Responses. Electronic submissions will not be accepted. See Attachment 2 to this RFP for instructions on required format for proposals. [Modifies PUR 1001 ¶3]. 4) Solicitation Terms and Conditions. The provisions of this solicitation, including the RFP and all its attachments, shall be read as a whole. In case of conflict between provisions, provisions shall have the order of precedence listed below, where the top listed item has the highest precedence: RFP Parts I, II and III Statement of Work (Attachment 1 to this RFP) Instructions for Preparing Proposals (Attachment 2 to this RFP) Evaluation of Proposals (Attachment 3 to the RFP) The Contract (Attachment 11 to the RFP) Other Attachments to the RFP Instructions to Respondents (PUR 1001), General Conditions (PUR 1000) Proposers shall bring to the attention of the Department via a formal question, prior to submitting a Proposal; any perceived inconsistencies among any of the provisions of the RFP and its attachments. The Contract, Attachment 11, after execution by the parties, will take precedence over the RFP documents. 8
  9. 9. The Department has created a Web site dedicated to the My Safe Floirda Home program, which may be accessed at http://www.mysafefloridahome.com/. The said Web site has information for homeowners, contractors, inspectors, and potential WCEs, among others. Although Wind Certification Entities (WCEs) will not be involved in every aspect of the program, potential Proposers under this RFP are urged to carefully and fully review the entire My Safe Florida Home program Web site, prior to submitting a question or proposal to the Department's Purchasing Agent. In the event of inconsistency between the said Web site and this RFP, this RFP shall control. [Modifies PUR 1001 ¶4] The Department objects to and shall not consider any terms or conditions submitted by a respondent, including any appearing in documents attached as part of a respondent’s response, which are inconsistent with or contrary to the requirements, terms, or conditions of this RFP. In submitting its response, a respondent 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 the RFP, including those specifying information that must be submitted with a response, shall be grounds for rejecting a response. Headings shall not be deemed to substantively modify the contents of the text that follows. The provisions of Section 287.057(18), Florida Statutes apply to the RFP. 5) Purchasing Agent; Limitation on Vendor Contact with Agency During Solicitation Period. Limitation on Vendor Contact with Agency during Solicitation Period. [See PUR 1001 ¶21] Respondents to this solicitation or persons acting on their behalf may not contact, between the release of the solicitation and the end of the 72-hour period following the agency posting the notice of intended award, excluding Saturdays, Sundays, and state holidays, any employee or officer of the executive or legislative branch concerning any aspect of this solicitation, except in writing to the Purchasing Agent or as provided in the solicitation documents. Violation of this provision may be grounds for rejecting a response. Point of Contact for Proposers and Interested Parties; Purchasing Agent Proposers and other interested parties shall not communicate with the Department or any employee or representative of the Department concerning this RFP or responses to this RFP, except through the Department's Purchasing Agent identified below. The Purchasing Agent is the sole point of contact for Proposers and all other interested persons, concerning this RFP, from the date of release of this RFP until publication by the Department of notice of intent to award contract(s) under this RFP. All procedural questions and requests for clarification of this solicitation shall be submitted to the Purchasing Agent. Willful violation of the requirements of this subsection shall result in elimination of the offending entity from consideration for award of contract under this RFP. The Purchasing Agent is: Mr. Jay Facemire DFS Purchasing Services, Larson Building 200 East Gaines Street RM B-24, Tallahassee, Florida 32399-0317 Email: jay.facemire@fldfs.com Phone: 850-413-2012 Fax: 850-487-2389 9
  10. 10. 6) Questions. Written Requests for Clarification to Assist In Preparation of Proposals [Modifies PUR 1001 ¶5] a) The Department will accept requests for clarification regarding this RFP that are timely submitted in accordance with the procedures specified in this subsection. Requests for clarification shall relate to matters of general applicability; the Department will not provide answers to requests seeking clarification of the requirements of the RFP or a resulting contract as applied to the particular situation of an individual Proposer or potential Proposer. b) Required format and procedures for requests for clarification. (1) The request for clarification must be actually received by the Department by the deadline stated in this RFP (see Timetable Part I, Section B of this RFP). (2) Direct all requests for clarification to the Department's Purchasing Agent. (3) Submit the request for clarification by email or on paper. Telephonic or other oral requests for clarification will not be accepted. (4) In the requests for clarification state the full name, address and phone number of the Proposer or potential Proposer submitting the request for clarification. (5) State the section and paragraph or page number of the RFP that the request seeks to clarifiy. c) The Department reserves the right to disregard questions and other requests for information or clarification that are abusive, profane, argumentative, duplicative to answers already published, not in accord with required procedures, or not from an appropriate party. d) Answers to questions will be posted on the state Vendor Bid System (see Part II B, item 3), below. 7) Respondent’s Representation and Authorization. By submitting a response, each respondent understands, represents, and acknowledges all of the Representation and Authorization made in PUR 1001 ¶9 (if the respondent cannot so certify to any of following, the respondent shall submit with its response a written explanation of why it cannot do so). 8) Performance Qualifications. a) The Department reserves the right to investigate or inspect at any time whether the product, qualifications, services, or facilities offered by Proposer meet the Contract requirements. Proposer shall at all times during the Contract term remain responsive and responsible. In determining Proposer’s responsibility as a vendor, the agency shall consider all information or evidence which is gathered or comes to the attention of the agency which demonstrates the Proposer’s capability to fully satisfy the requirements of the solicitation and the contract. b) Proposer must be prepared, if requested by the Department, to present evidence of experience, ability, and financial standing, as well as a statement as to plant, machinery, and capacity of the Proposer for the production, distribution, and servicing of the product bid. If the Department determines that the conditions of the solicitation documents are not complied with, or that the product proposed to be furnished does not meet the specified requirements, or that the qualifications, financial standing, or facilities are not satisfactory, or that performance is untimely, the Department may reject the response or terminate the Contract. 10
  11. 11. Proposer may be disqualified from receiving awards if Proposer, or anyone in Proposer’s employment, has previously failed to perform satisfactorily in connection with public bidding or contracts. This paragraph shall not mean or imply that it is obligatory upon the Department to make an investigation either before or after award of the Contract, but should the Department elect to do so, respondent is not relieved from fulfilling all Contract requirements. [PUR 1001 ¶11] 9) Electronic Posting of Notice of Intended Award. Based on the evaluation, on the date indicated in this RFP, the Department shall electronically post a notice of intended award in the Vendor Bid System Advertisements for DFS at http://vbs.dms.state.fl.us/vbs/main_menu. Any person who is adversely affected by the decision shall file with the Department a notice of protest within seventy-two (72) hours after the electronic posting. The Department shall not provide tabulations or notices of award by telephone. [PUR 1001 ¶13] 10) Firm Response. The Department may make an award within sixty (60) days after the date of the opening, during which period responses shall remain firm and shall not be withdrawn. If award is not made within sixty (60) days, the response shall remain firm until either the Department awards the Contract or the Department receives from the respondent written notice that the response is withdrawn. Any response that expresses a shorter duration may, in the Department's sole discretion, be accepted or rejected. [see PUR 1001 ¶14] 11) Clarifications/Revisions. Before award, the Department reserves the right to seek clarifications or request any information deemed necessary for proper evaluation of submissions from all respondents deemed eligible for Contract award. Failure to provide requested information may result in rejection of the response. [see PUR 1001 ¶15] 12) Minor Irregularities/Right to Reject. [see PUR 1001 ¶16] The Department reserves the right to accept or reject any and all proposals, or separable portions thereof, and to waive any minor irregularity, technicality, or omission if the Department determines that doing so will serve the State’s best interests. The Department may reject any response not submitted in the manner specified by the solicitation documents. 13) Contract Formation. The Department shall issue a notice of award, if any, to successful respondent(s), however, no contract shall be formed between respondent and the Department until the Department signs the Contract substantially in the form as Attachment 11 to this RFP. The Department shall not be liable for any costs incurred by a respondent in preparing or producing its response or for any work performed before the Contract is effective. [see PUR 1001 ¶17] 14) Dispute Resolution. 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. (modifies PUR 1000 ¶30) 15) Public Records. Article 1, section 24, Florida Constitution, guarantees every person access to all public records, and Section 119.011, Florida Statutes, provides a broad definition of public record. As 11
  12. 12. such, all responses to a competitive solicitation are public records unless exempt by law. [See Attachment 2 Format section H, entitled “Trade Secret and Other Asserted Confidential Materials"] 16) Protests. Any protest concerning this solicitation shall be made in accordance with Sections 120.57(3) and 287.042(2) of the Florida Statutes and Chapter 28-110 of the Florida Administrative Code. Questions to the Procurement Officer shall not constitute formal notice of a protest. It is the Department's intent to ensure that specifications are written to obtain the best value for the State and those specifications are written to ensure competitiveness, fairness, necessity and reasonableness in the solicitation process. Section 120.57(3)(b), Florida Statutes, and Section 28-110.003, Florida Administrative Code requires that a notice of protest of the solicitation documents shall be made within seventy- two (72) hours after the posting of the solicitation. Section 120.57(3) (a), Florida Statutes, requires the following statement to be included in the solicitation: "Failure to file a protest within the time prescribed in Section 120.57(3), Florida Statutes, shall constitute a waiver of proceedings under Chapter 120, Florida Statutes." Section 28-110.005, Florida Administrative Code requires the following statement to be included in the solicitation: "Failure to file a protest within the time prescribed in Section 120.57(3), Florida Statutes, or failure to post the bond or other security required by law within the time allowed for filing a bond shall constitute a waiver of proceedings under Chapter 120, Florida Statutes.” [see also PUR 1001¶20] B. SPECIAL INSTRUCTIONS REGARDING PROPOSALS. 1) Detailed instructions for formatting and content of each section of the Proposal are in Attachment 2 to the RFP. PUR Forms 1001, General Instructions to Respondents, and PUR 1000, General Conditions which, except as modified by this RFP, (which constitutes Special Conditions to PUR 1000 and PUR 1001) are incorporated and are attached as the cover sheets to this RFP. 2) Permissive versus Mandatory Terminology. a) The use of the words "should" or "may" in this RFP indicate desirable attributes or conditions, but are permissive in nature. Deviation from, or omission of, such a desirable feature may affect scoring of a proposal but will not in itself cause rejection of a proposal. b) The use of "shall," "must," or "will" (except to indicate simple futurity) in this solicitation indicates compliance is mandatory. 3) Modifications to RFP; Responses to Questions The Department reserves the right to modify this RFP, including the procurement schedule, prior to the deadline for submission of proposals. The state internet-based Vendor Bid System (VBS) will be the primary method used by the Department to advise interested parties concerning any modifications to this RFP and any answers to questions properly submitted to the Purchasing Agent. Interested parties are urged to check the VBS daily for modifications and/or answers to questions. The VBS may be 12
  13. 13. accessed through the Solicitations Web site of the Florida Department of Management Services [http://dms.myflorida.com/business_operations/state_purchasing]. The Department maintains a My Safe Florida Home program (MSFH) Web site [http://www.mysafefloridahome.com]. Information, news and changes in the overall program under Section 215.5586 Florida Statutes, may be posted on the said Web site. Interested parties are urged to check the MSFH Web site daily for any news that may be of interest to proposers. 4) Mandatory Minimum Requirements. Responses must satisfy certain mandatory minimum requirements in order to proceed into the detailed evaluation phase. All Responses will be reviewed for compliance with these mandatory minimum requirements. Responses that meet these requirements will be accepted into a detailed evaluation phase. WARNING: Responses that fail to meet these mandatory minimum requirements will be rejected and considered no further in the evaluation process. Mandatory minimum requirements are outlined by reference to mandatory terminology in the Instructions for Preparing Proposals submission found in Attachment 2 and in Attachment 4. 5) Where to Submit Proposal. Sealed proposals must be received no later than the time stated in the Timetable in Part I, Section B. The Proposal and required copies shall be delivered to: Mr. Jay Facemire DFS Purchasing Services Larson Building 200 East Gaines Street RM B-24, Tallahassee, Florida 32399-0317 Email: jay.facemire@fldfs.com Phone: 850-413-2012 Fax: 850-487-2389 . The proposal and all required copies of the proposal should be delivered in sealed boxes. The outside of each box should bear the Proposer's name; the title "Response to RFP [insert RFP number]"; and each box should be numbered consecutively, e.g., "Box 1 of 3." In no event should any one box exceed 50 pounds in weight. See Attachment 2 for more specific instructions regarding Proposal formatting, tabbing and contents. Proposals may be delivered in person, by courier service (e.g., UPS, Federal Express), or US postal mail. Proposals must be actually received by the Department by the proposal submission deadline. All risk of delay in delivery is upon the Proposer. Proposals delivered in person should be delivered to the main reception desk, Larson Building, main entrance from Gaines Street, 200 East Gaines Street, Tallahassee. Tell the receptionist that you have materials for delivery to the Department's Purchasing Agent, basement of Larson Building. Wait until the Department's Purchasing Agent or other representative of the purchasing office arrives to take custody of the materials. It is suggested that if you intend to make personal delivery of the proposal, you contact the Department's Purchasing Agent several days in advance to confirm arrangement for delivery. 13
  14. 14. PART III STATEMENT OF WORK See Attachment 1 to this RFP. 14
  15. 15. ATTACHMENTS Attachment 1, Statement of Work Attachment 2, Instructions for Preparing Proposals Attachment 3, Evaluation of Proposals Attachment 4, Minimum Qualifications Attachment 5A, User Guides for WCE Attachment 5B, Form 1802 Attachment 6, Suggested Tools/Equipment for Inspections Attachment 7, Identical Tie Response Certification Attachment 8, Invoice Format Attachment 9, Excel File to Accompany Invoice for Payment, Format Attachment 10, Survey Form (Records Inspection Results) Attachment 11, Form of Contract to be entered into Attachment 12, Map with Regions Attachment 13, Inspector & Other Staff Criminal History Affidavit Attachment 14, WCE Resource/Training Manual Attachment 15, Fingerprint Facilities, by County Attachment 16, Customer Service Complaint Form
  16. 16. ATTACHMENT 1, STATEMENT OF WCE WORK CONTENTS 1.1 PROGRAM BACKGROUND; GENERAL MATTERS .....................................................................................18 1.2 TYPES OF INSPECTION SERVICES TO BE PROVIDED ..........................................................................18 1.3 TYPES OF STRUCTURES TO BE INSPECTED .............................................................................................18 1.4 SURVEY INSPECTIONS; PURPOSE; PROCEDURES ................................................................................19 1.5 MARKETING ROLE OF WCES .........................................................................................................................20 1.6 SURVEY INSPECTIONS; PURPOSE; PROCEDURES ................................................................................21 1.6 HOMEOWNER INSURANCE-RELATED PAPERWORK ..............................................................................21 1.7 QUALITY ASSURANCE PROGRAM ................................................................................................................22 1.8 DEDICATED STAFF FOR CUSTOMER SERVICE ................................................................................................. 23 1.9 SERVICE REGIONS; NUMBER OF WCES TO BE SELECTED ..................................................................24 1.10 ESTIMATED NUMBER OF INSPECTIONS .................................................................................................24 1.11 PRODUCTION REQUIREMENTS ................................................................................................................25 1.12 INSPECTION OF ATTICS ........................................................................................................................................... 25 1.13 COMPENSATION OF WCES ..........................................................................................................................25 1.14 DELIVERABLES ................................................................................................................................................26 1.15 SCHEDULING AND RE-SCHEDULING INSPECTIONS ..........................................................................26 1.16 PHONE AND EMAIL CONTACT POINTS ...................................................................................................27 1.17 INSPECTORS AND OTHER WCE PERSONNEL ........................................................................................28 1.17.1 GENERAL ......................................................................................................................................................... 28 1.17.2 INSPECTORS, REQUIRED EXPERIENCE ..................................................................................................................29 1.17.3 INSPECTORS AND OTHER STAFF COMPENSATION..................................................................................................30 1.17.4 INSPECTORS DRESS CODE ............................................................................................................................................... 30 1.17.5 INSPECTORS, WCE STAFF AND MANAGEMENT CRIMINAL BACKGROUND AND DRUG USE REQUIREMENTS ................31 1.17.5.1 Required Criminal History Check; Fingerprinting ……………………………………………31 1.17.4.2 Required Drug checks ………………………………………………………………………………………33 1.17.6 INSPECTORS, REQUIRED INITIAL TRAINING……………………………………………………………………………34 1.17.7 INSPECTORS, ADDITIONAL TRAINING REQUIRED ..................................................................................................34 1.17.8 WCES TO PROVIDE PERIODIC LIST OF INSPECTORS USED ...................................................................................35 1.17.9 WCE TO PROVIDE NAMES OF INSPECTORS TERMINATED FOR CAUSE ...................................................................35 1.18 INSPECTIONS ..................................................................................................................................................35 1.18.1 REQUIRED TOOLS................................................................................................................................................35 1.18.2 HOMEOWNERS' RECORDS ....................................................................................................................................35 1.18.3 CONDUCTING THE INSPECTION ............................................................................................................................36 1.18.4 ACKNOWLEDGMENT OF SURVEY INSPECTIONS .......................................................................................................37 1.18.5 SURVEY INSPECTION REPORT ..............................................................................................................................37 1.18.6 SUBMISSION OF SURVEY INSPECTION REPORT DATA ............................................................................................37 1.19 REQUIRED WCE INSURANCE ......................................................................................................................37 1.20 ETHICS; CONFIDENTIALITY; RELATED PROVISIONS ......................................................................38 1.21 INFORMATION TECHNOLOGY REQUIREMENTS ...................................................................................39 16
  17. 17. 1.21.1 OVERVIEW ........................................................................................................................................................39 1.21.2 DBDDS SYSTEM ........................................................................................................... 39 1.22 OTHER MATTERS .............................................................................................................................................41 1.23 KEY PERFORMANCE METRIC.................................................................................................................................... 41 17
  18. 18. 1.1 PROGRAM BACKGROUND; GENERAL MATTERS The Florida Department of Financial Services (the Department) seeks proposals from entities meeting minimum qualifications as specified in this Request for Proposals (RFP), who desire to provide the Department with service as a "Wind Certification Entity" (WCE) for the purposes of providing free hurricane mitigation inspections as outlined in Section 215.5586, Florida Statutes. As of the issuance date of this RFP, a total of 139,000 such inspections have been performed statewide. Proposers are cautioned that this RFP, including all Attachments to the RFP, must be read as a whole. The contract between the WCE(s) and the Department will be for a twelve (12) month period, renewable for a maximum renewal term through June 30, 2009 at the sole discretion of the Department. The Department of Financial Services has adopted the title "My Safe Florida Home" for use in the Department's consumer interface for the Program. See Web site at http://www.mysafefloridahome.com. The Program has two main components: 1. Free hurricane mitigation inspections for residents living in single-family detached, site–built homes in Florida; and 2. Issuance of grants by the Department to certain eligible homeowners who received a free hurricane mitigation inspection, for the purpose of making certain retrofit improvements as recommended to the homeowner in a report based upon data collected during the hurricane mitigation inspection. The Department will accept MSFH inspection applications in accordance with Section 215.5586 Florida Statutes. The Department will send applications of eligible homeowners to WCEs based on the process outlined in this Statement of Work. 1.2 TYPES OF INSPECTION SERVICES TO BE PROVIDED Selected WCEs must be able to provide Survey Inspections in support of the program at no charge to the homeowner. 1.3 TYPES OF STRUCTURES TO BE INSPECTED Survey Inspections will be limited to single-family detached, site-built residences. Mobile homes, manufactured housing, rental/lease housing, apartments, and properties used for commercial activity, are not eligible residences in the program, and WCEs will not provide inspection services for such properties under the My Safe Florida Home program. WCEs must be able to schedule and conduct inspections, using qualified Inspectors, of all eligible residences assigned to them. 18
  19. 19. There are no age limits as to residences to be inspected; residences assigned for inspection may be very new or very old. There are no limits as to types of construction to be inspected, and residences assigned for inspection may be of any type of construction (e.g., wood frame, concrete block, red brick, metal, combinations of the preceding, or other types of construction). The majority of residences assigned for inspections will be one or two story structures. There are no limits as to the size of the residences to be inspected. 1.4 SURVEY INSPECTIONS; PURPOSE; PROCEDURES The Department is charged under Section 215.5586(1) Florida Statutes, with providing inspections of single family-detached, site built residences in all counties statewide to assist homeowners in identifying which specified hurricane mitigation retrofits would be appropriate for their home. Homeowners will apply to the Department for the inspection, and the Department will approve such applications in accordance with Section 215.5586 Florida Statutes. WCEs will receive inspection assignments, contact homeowners, schedule the inspections, have the inspections accomplished by Department-approved, qualified Inspectors employed or otherwise engaged by the WCE, and report the findings to the Department. These inspections are referred to as Survey Inspections. Survey Inspections consist of recording multiple data points specified by the Department, concerning the type of construction and condition of the residence, based on the Inspector's observations and physical measurement while at the residence. See Attachment 10 to this RFP, which is a six (6) page form showing the data to be collected in each Survey Inspection, Attachment 10 will be made available electronically. Included with each inspection must be a minimum of six (6) photographs and a maximum of twenty (20) photographs of each residence inspected (minimum of four of the exterior and a minimum of two of attic, if accessible). Photographs will need to be provided to the Department through WINGS as .jpg or .tiff files limited to 2mb per photo and organized in the following sequence: SRID# Front Elevation = MSFH12345 FE SRID # Right Elevation = MSFH12345 RE SRID # Back Elevation = MSFH12345 BE SRID # Left Elevation = MSFH12345 LE SRID # = Attic 1 SRID # = Attic 2 For photos taken of the exterior of the residence, the WCE shall at a minimum take photos of the front, right, back and left elevations of the house. If foliage or a screen covers an opening, the WCE shall make an effort to take a picture of the opening behind the foliage or screen. If the residence to be inspected is a complex structure, with multiple sides on each elevation, then photos must be taken of the various sides of an elevation to ensure proper count of window and door openings and to capture any other important construction features. While in the attic, clear and illuminated photos must be taken of the roof structure materials, such as trusses and rafters; roof to wall connections, such as clips or toenails; and nail size in the roof deck attachment if the nail size can be seen, and braced and unbraced gables where visible and if applicable. In addition, the Inspector shall open a screen or porch door to take a clear photo of openings inside the screen enclosure or porch. 19
  20. 20. Inspectors must physically measure all window and door openings when accessible. The Department will maintain a master database of Survey Inspection assignments and related Survey Inspection data reported by WCEs. This master database is part of the software and related processes by which the Department assigns inspections to WCEs, communicates back and forth with WCEs regarding assigned inspections, and receives inspection results back from WCEs. The Department refers to this software and related processes as the "Database and Data Dispatch System” or "DBDDS” (pronounced "Dibs"). DBDDS includes of a set of Microsoft Access databases ("MDB files") and constituent tables in Microsoft Access 2003 format. Each residence to be inspected will be a set of records in these tables. Records relating to the same residence will be linked across tables on the "SRID" field ("service request identification number" -- which is a number assigned by DFS when a homeowner applied for a free inspection). This is a simplified overview; see the Information Technology Requirements section of this Attachment 1; see also Attachment 5A to the RFP for detail. The WCE will either have to have Microsoft Access 2003, or some functionally equivalent and compatible software that can read Access 2003 records, and can write records in Access 2003 format so as to be directly readable by the Department's Access 2003 software as if written by Access 2003. By June 1, 2008 the Department will periodically (preferably daily) make Survey Inspection assignments to a WCE through WINGS, the Department’s web-based interface for WCEs. Survey Inspection results will be reported by the WCE through this system. The Department will provide WCEs advance notice if any changes to the process are required. Inspection report data provided by the WCE to the Department through WINGS that is in question or questioned by the homeowner or the Department will be sent back to the WCE for review and possible correction. It will be the responsibility of the WCE to determine what data must be corrected and to make the corrections, and return the corrected inspection results to the Department through WINGS. WCEs and the Inspectors they use do not provide any reports or recommendations verbally or otherwise to homeowners during or after Survey Inspections. Reports and recommendations will go to the homeowner from the Department on the My Safe Florida Home program letterhead. WCEs must provide homeowners with certain generic brochures or other material specified by the Department, but such material will be general in nature, not specific to the particular residence inspected. WCEs must obtain approval for any material left behind with a homeowner if the material was not provided or specified by the Department. The WCE will be responsible for addressing issues related to a Survey Inspection for which the WCE has been paid through the term of the contract period and up to six (6) months after the contract expires. 1.5 MARKETING ROLE OF WCES The WCE will help market free inspections on behalf of the Department and as directed by the Department. Marketing shall include but not be limited to, distributing Department-approved marketing materials to homeowners of single- family, site-built homes regardless of value or location. The WCE will assume the cost of developing and printing marketing materials used by the WCE. Marketing will 20
  21. 21. include a unique code to identify which WCE performed the marketing that resulted in a homeowner application. Marketing material produced and paid for by the WCE is subject to the Department’s approval before use. WCEs that distribute marketing material without prior approval or employ marketing practices that are not acceptable as determined by the Department will be suspended from marketing inspections by the Department. The Department will notify the WCE of this suspension in writing. In exchange, the Department will directly refer inspections it produces to the contractor if the inspections were received by the Department as a result of that Provider’s marketing efforts. The Department shall assign each WCE a unique code that applicants will provide the Department at the time of application. The direct referral of inspections will cease upon either suspension of the WCE in a marketing role or upon expiration or termination of the Provider’s Contract with the Department. The Department will not be compensating the WCE for distribution of marketing materials. The WCE will not distribute marketing material of other services when marketing free hurricane mitigation inspections for the My Safe Florida Home program. The WCE will be able to market anywhere in the state that the WCE has available and qualified Inspectors to perform inspections obtained through marketing efforts. A summary of the WCE’s marketing efforts must be submitted in MS Word or PDF form to the Department’s Contract Manager at the same time the WCE submits its monthly invoice for payment to the Department’s Contract Manager. 1.6 HOMEOWNER INSURANCE-RELATED PAPER WORK Data collected during a survey inspection could result in discounts or credits on hurricane insurance premiums for the applicant whose residence was inspected by the WCE or its inspectors. The WCE and/or the inspectors it employs or subcontracts with will be required to provide a signature, as necessary, to any insurance-related paperwork or forms accepted by insurance companies for the purposes of securing potential credits or discounts for the applicant whose residence was inspected by the WCE or its inspectors. Form 1802 Requirements (a) For each Survey Inspection conducted by the WCE, the WCE shall require its inspectors to properly complete and sign a completed form OIR-B1-1802 (Attachment 5B hereto) (hereinafter “form 1802”) regarding the residence inspected, and provide same to the homeowner, as indicated herein. (b) All data portions of form 1802 shall be completed in black or blue permanent ink, or may be completed by a typewriter or printer that fills out all required data fields with printed entries, or prints the entire form including data entries applicable to the home inspected. (c) In completing and signing the form 1802, the form 1802 shall not be altered in any way, including but not limited to, adding printed or handwritten notations qualifying or modifying the information reported. (d) The inspector certification block at the end of form 1802 shall be completed by the inspector as follows: 1. The “license type” block shall be filled in with the entry “MSFH”; 2. The “license number” block shall be filled in with the MSFH inspector number as assigned by the WCE; 3. The “Inspection Company” shall be filled in with the WCE’s name as shown on the WCE’s contract with the Department; 4. The “Phone” entry shall be the WCE’s phone number for customer contact; 21
  22. 22. 5. The inspector shall sign their name in the “Inspector Signature” block. The signature shall be in black or blue permanent ink. 6. The “Date” block adjacent to the “Inspector Signature” block shall be filled out with the date the inspector actually signs the form 1802. (e) No later than ten (10) business days after the date of the inspection of a homeowner’s residence, the WCE shall have the completed and signed form 1802 emailed to the homeowner or placed in the U.S. mail, postage paid, for delivery to the homeowner. In sending the form 1802 to the homeowner, whether by email or postal mail, the WCE shall include a cover letter on the WCE’s letterhead, in the form of Attachment 5B hereto, with bracketed items shown on Attachment 5B replaced by the WCE as indicated in Attachment 5B. (f) The WCE shall confirm and assure that form 1802 filled out and signed by the inspector and provided to the homeowners has a fully legible, neat, and professional appearance. (g) The WCE shall obtain and retain in its records a copy of the each completed, signed form 1802 that is provided to a homeowner. The WCE shall provide the Department upon request with an electronic copy of any or every form 1802 already provided to a homeowner. The electronic copy shall be in PDF format. (h) There will be no additional compensation paid by the Department with regard to the form 1802 requirements. Neither the WCE nor the inspector shall, directly or indirectly, charge or accept from the homeowner any fee or other compensation for providing the homeowner with the completed, signed form 1802. A summary detailing the number of mitigation forms completed and sent to homeowners by county must be provided to the Department’s Contract Manager in MS Word or PDF format at the same time the WCE submits its monthly invoice for payment to the Department’s Contract Manager. 1.7 QUALITY ASSURANCE PROGRAM The WCE must have a rigorous internal Quality Assurance Program, to assure that Inspectors used by the WCE in the program perform timely, honestly, competently, and with a courteous and professional attitude toward homeowners. See Tab 9 of Attachment 2 Proposers must explain their proposed Quality Assurance Program in their Proposal, in detail. In addition to other components of the Quality Assurance Program as proposed by the WCE, the WCE's Quality Assurance Program must include a system by which the WCE has a sample of inspections its Inspectors have done, reinspected by different Inspectors employed or engaged by the WCE, to verify the accuracy of the initial Inspector's work. The minimum percentage of reinspections required to be performed under the WCE’s contract with the Department will be five (5) percent. Results of a WCE’s re-inspections are subject to review by the Department or a department approved contractor upon request by the Department. The Department reserves the right to modify the percentage of Quality Assurance inspections. Performance measures for data fields that impact (a) Inspection report recommendations, or (b) Wind insurance discounts or credits; including year Roof Covering was installed, roof shape, roof-to-wall connections, roof deck attachment and rating of opening protection on home. If the Department’s Quality Assurance Program reveals that a WCE has inspection report errors above five (5) percent in Survey Checklist data fields that impact (a) Inspection report recommendations, or (b) Wind insurance discounts or credits for the homeowner who receives the inspection report then the WCE must refund the Department fees for any inspections found to be in error through the Department’s 22
  23. 23. Quality Assurance Review. The Department has the option to withhold payment for these inspections with these errors from a subsequent invoice period. If such error rate continues for three (3) months then the contract is subject to termination. The data fields that will be looked at are as follows: Roof deck thickness, spacing and thickness Roof-to-Wall connections Different count number of braced/not braced gables Roof Cover Year Roof Shape Total Number of H-Rated Windows Total Number of H-Rated Doors Calculation of Window Area Calculation of Door Area On a monthly basis, a WCE must report the results of its Quality Assurance Program including but not limited to a summary of results from re-inspections initiated by the WCE to ensure the quality assurance of its inspectors. The WCE shall submit the summary of results in MS Word or PDF format to the Department’s Contract Manager at the same time the WCE submits its monthly invoice for payment to the Department’s Contract Manager. Selected WCEs should be prepared to respond to the Department’s request for information or an action plan based on the WCE’s submitted quality assurance results to the Department. 1.8 DEDICATED STAFF FOR CUSTOMER SERVICE Each WCE is encouraged to maintain a full time staff person for whom at least part of their duties include responding to homeowner questions, concerns, scheduling issues or complaints. In their absence, the WCE’s contract manager is the Department’s contact and is responsible for addressing these issues on behalf of the WCE and its agents and subcontractors. Selected WCE’s will be required to respond to any Customer Service complaints submitted by the Department on a Complaint Form (Attachment 16) within five (5) business days. Lack of response will be recorded in the WCE’s contract file. Proposers must also explain their proposed Customer Service Program as part of the WCE’s Quality Assurance Program, including but not limited to how the WCE will respond to customer service inquiries, the desired timeframe for handling customer inquiries, what customer service surveys will be used if any, the methodology employed for customer service surveys, and how the WCE will use customer survey feedback to improve its operations. Selected WCEs will be required to provide a summary of results from any customer service surveys initiated by the WCE as well as a summary of customer service inquiries and the status and resolution of those inquiries to the Department’s Contract Manager at the same time the WCE submits its monthly invoice for payment to the Department’s Contract Manager. The Department reserves the right to require a WCE use a specific customer service survey tool and methodology at any time during the contract period. A WCE shall, upon request by the Department, provide documentation or access to documentation that supports the results of the summaries provided to the Department in an electronic format. WCEs shall have zero tolerance for incompetence, dishonesty, discourteousness, or unprofessional conduct by any of its Inspectors in program work. A single 23
  24. 24. substantiated instance of dishonesty or incompetence by an Inspector in program inspections shall result in immediate discontinuation of use of that Inspector by the WCE in the program. A single substantiated instance of an Inspector exhibiting a discourteous or unprofessional attitude toward a homeowner or homeowner family member, in relation to an inspection in the program, shall result in immediate discontinuation of use of that Inspector by the WCE in the program. The WCE shall submit to the Department’s Contract Manager any documentation of performance counseling or disciplining of a WCE’s inspector at the same time the WCE submits its monthly invoice for payment to the Department’s Contract Manager. The termination of a WCE’s inspector requires immediate notification to the Department’s Contract Manager. 1.9 SERVICE REGIONS; NUMBER OF WCES TO BE SELECTED For purposes of this RFP and WCE services under this RFP, the state will be divided into THREE (3) regions. The state reserves the right to assign WCEs to multiple regions if it helps the Department meet capacity demands. For example, if a WCE in Region 1 would enhance management of inspections in Region 2, then the Department may assign inspections to the WCE in Region 1 from Region 2. (See Attachment 12, a map showing the three Regions.) The Department anticipates selecting no more than three (3) WCEs to serve each Region. The number of WCEs selected for each region will depend on the Department's analysis of the Proposals submitted to achieve the best mix of adequate reliable inspection capacity with some reserve capacity, efficiency, development of a base of firms capable of providing WCE services, and any other considerations related to the best interests of the Program. WCEs may serve in more than one (1) Region at the sole direction and discretion of the Department. Proposers may in their proposal offer WCE services in one (1), all, or any combination of regions. Proposers must offer and be able to provide all required services throughout the entire geographic area of any region(s) in which they offer to provide any service in their proposal. For example, if Proposer offers to provide WCE service in Region 1, then Proposer must be prepared to provide all required WCE services throughout the entire area of Region 1, and may not limit their offer to parts of Region 1. Proposers may not offer service in geographic areas defined by Proposer; service areas must correspond to the regions as defined in this RFP. If a proposal offers service in more than one (1) region, the proposal must indicate that the Proposer will accept an award for fewer than all the regions in which it has proposed to offer services. 1.10 ESTIMATED NUMBER OF INSPECTIONS Section 215.5586, Florida Statutes, mandates that the Department will complete up to 400,000 free hurricane mitigation inspections to qualified homeowners by June 30, 2009. The Department will not guarantee a minimum number of inspections for any region or WCE. The Department reserves the right to have a willing contracted WCE assist in providing Survey Inspections in a Region to which that WCE was not originally assigned. The Department anticipates rotating inspection assignments in a Region among the contracted WCEs serving that Region, based on the Department's evaluation of the 24
  25. 25. relative capacity of the respective WCEs as they perform under their contracts, the relative timeliness and adequacy of their performance, and other factors related to maximum efficiency and effectiveness of the Program as determined by the Department. 1.11 PRODUCTION REQUIREMENTS WCEs must be able to commence Survey Inspections within fifteen (15) days of notice of award of contract. After thirty (30) days all WCEs must be able to perform a minimum of one thousand (1000) inspections per week. To promote the highest quality of inspections, each WCE shall institute a policy that limits the total number of inspections to be performed per individual inspector to no more than ten (10) completed inspections in a 24-hour period. 1.12 INSPECTIONS OF ATTICS A specific issue that will be closely monitored by the Department is the inspection of homeowners’ attics. Should any WCE report “no access to attic” in 2% or more of total inspections assigned to that WCE in any month, the Department may place that WCE on immediate probation at which time the Department will review the reasons for reporting such information. During this probation period, no new inspections will be assigned to that WCE until the Department has completed its review and until the probation is lifted by the Department. 1.13 COMPENSATION OF WCES The Department will pay the WCE a fixed amount of $140 for each Survey Inspection, assigned by the Department to the WCE, accomplished and reported back to the Department by the WCE in compliance with all requirements of the RFP and contract. This fixed amount will apply to all Regions of the state. Payment per inspection will not vary (for example, the payment will not vary according to the size or location of the house, or the amounts the WCE must pay the Inspector, etc.). All costs of performance by the WCE, including but not limited to compensation of Inspectors used by the WCE, will be derived from the $140 fixed fee per inspection. Related marketing and the completion of insurance paperwork are to be included in this $140 fee. The price per Survey Inspection will be unchanged during any renewal period, if the Department elects to renew the contracts. WCEs will be compensated by the Department solely on the basis of assigned inspections that have been accomplished and for which completed inspection results have been received by the Department in proper format. WCEs will request payment for completed inspections by submission of an invoice to the Department. Invoices may not be submitted more than once per thirty (30) days. DFS will not pay the WCE for an inspection refused by the homeowner. The Invoice will be submitted electronically in the format as shown in Attachment 8. The WCE will also submit, along with each invoice, an Excel spreadsheet identifying each completed inspection for which payment is sought. The Excel document shall be in the format specified in Attachment 9. The spreadsheet shall be submitted with the invoice electronically to the Department’s designated representative. The Department will review the invoice and related Excel file, and compare each inspection invoiced, to the related record in the Department's master Inspection Database. Where the Department's master Inspection Database shows the 25
  26. 26. inspection completed and payment not already requested or made, the Department will approve and make payment for that inspection. 1.14 REPORTING DELIVERABLES Deliverables under the contract will consist of properly completed Survey Inspections including required photographs properly taken, and inspection data reported accurately back to the Department by the WCE through WINGS. The following summary reports will be due at the time the WCE’s monthly invoice is submitted to the Department: A Monthly summary of marketing efforts, including but not limited to events held or attended, how many and in what venues marketing materials have been distributed, and the types of partnerships coordinated. B Monthly summary of the number of mitigation forms (form 1802) completed and sent to homeowners by county. C Monthly summary of the number of Quality Assurance inspections performed along with available results of those inspections. D Monthly summary of results from customer service surveys initiated by the WCE E Monthly summary of customer service inquiries and the status and resolution of the inquiries regarding complaints and report errors F Monthly summary of any performance disciplining or counseling of a WCE’s inspector Reports must show tasks or activities worked on, attesting to the level of services provided. 1.15 SCHEDULING AND RE-SCHEDULING INSPECTIONS; TERMINATING SCHEDULING EFFORTS Upon receipt of a new inspection assignment, the WCE will have the responsibility to promptly contact the homeowner to arrange a mutually convenient date and time for the inspection. Each WCE is encouraged to utilize a centrally located staff person(s) for scheduling all inspections. WCE will coordinate with assigned homeowners regarding scheduling and re-scheduling inspections. The WCE will not rely on the Department for assistance regarding scheduling and re-scheduling inspections. All inspections assigned must be scheduled by the WCE with the homeowner no later than seven (7) days from the date of initial assignment. Should homeowners elect to decline the inspection; the WCE will report this declination through a form available on the WINGS system. The WCE may terminate and return an assignment to the Department without inspection if the WCE is unable, after three (3) attempts on three (3) different days, to contact the homeowner, or if the homeowner fails to comply with their commitments to the WCE or the WCE's Inspector, or the WCE otherwise deems the homeowner to be conducting themselves in an unreasonable manner interfering with the WCE in the WCE's efforts to accomplish the inspection. The WCE shall return such assignments to the Department using the form available through WINGS. The WCE's Inspector shall not enter a house to perform an assigned inspection, unless the homeowner is present, or a duly authorized representative of the homeowner is present who is over the age of 18. The WCE is an independent contractor and shall be responsible as such. The State of Florida shall be held 26
  27. 27. harmless against any and all claims by third parties of improper conduct by the WCE or Inspectors it uses. When scheduling the appointment, the WCE shall request that the homeowner locate and have available copies of any papers related to any existing hurricane protection devices such as shutters or documentation of new roof covering. The papers for the protection devices and roof covering are needed to verify that the present products meet the required standards of the My Safe Florida Home program. The following script and guidelines, or substantially equivalent materials, shall be used when scheduling inspections: Introduction: My name is _____________ with (WCE’s name) . I am calling to schedule the FREE wind inspection you requested through the My Safe Florida Home Program. Inform about Inspection Process: This inspection will take between 30 minutes and 1 hour. What days and times are convenient for you? Decide on a mutually agreeable date and time. You or an adult to represent you will need to be present during that time. Our inspector will need to get inside the attic to complete their work. Have you replaced your roof covering in the last 5 or 6 years? If yes, ask them to have a copy of any available paperwork showing the year the roof covering was installed. Do you have impact rated windows or shutters on the house now? Do you have impact rated exterior doors or garage door on the house now? If yes, ask them to have a copy of any available paperwork showing the year installed and the model name, number, or any other documents they have regarding their hurricane protection systems. Confirmation and closing: Thank you. Our inspector will meet you at _________________ (Confirm time and date). My name again is _____________. If you must cancel or change the appointment, please call me at ________________. Thank you again. 1.16 PHONE AND EMAIL CONTACT POINTS WCEs must have a company phone number and a company email address, provided to all assigned homeowners, at which the assigned homeowners may contact or leave messages for the WCE during all business hours on all business days. The WCE shall keep the phone at which the said phone number rings, staffed and answered during all business hours (8 AM to 5 PM on all business days), by a person knowledgeable concerning the Department's program and the WCE's involvement in the program. 27
  28. 28. Any incoming voicemail or other recorded voice messages left by the Department or an assigned homeowner, and any incoming emails from the Department or an assigned homeowner shall be acknowledged by response from the WCE within four (4) business hours of receipt. 1.17 INSPECTORS & OTHER WCE PERSONNEL 1.17.1 General The WCE is responsible to provide the services of the Inspectors who conduct the inspections as well as other staff to operate and manage the program. Inspectors and other staff used by the WCE may be employees of the WCE, or subcontractors of the WCE, or employees of subcontractors engaged by the WCE; provided, regardless of how the WCE obtains the Inspector services, as between the Department and the WCE, the WCE will be responsible for supervision and compensation of Inspectors and other staff including subcontractors used in the program. The WCE will not rely on compensation from the Department as its only means for compensating its employees or subcontractors. The WCE must be financially prepared to compensate its inspectors to allow the Department adequate time to set up an account and payment schedule for the WCE. Inspectors and other WCE staff will not be employees, contractors, or subcontractors of the Department. The Department will have no privity of contract or employment relationship with the Inspectors and other staff used by the WCE. The Department will not be deemed to be a party to any contract between the WCE and its Inspectors, other staff or other contractors. The WCE must hold homeowners, for whom its inspectors provided an inspection, financially harmless against any type of lien associated with the conduct of the inspection work. The WCE is responsible to assure that the Inspectors and other staff it uses meet certain qualifications, summarized as follows (and explained in more detail further on in this Attachment): a. Inspectors must undergo or have undergone certain special training in hurricane mitigation retrofit inspections, and must pass or have passed a related test with a score of at least ninety (90) percent, on a curriculum prescribed by the Department, before conducting inspections in the Program. b. Inspectors and subcontractors must undergo or have undergone within a specified past time, certain specified criminal history background check, to include fingerprinting. See 1.17.5 for specific requirement for level two (2) background check. c. Inspectors must pass or have passed within a specified past time, a specified drug usage test. d. The Inspectors utilized by a WCE must have a minimum of two (2) years experience in residential construction or residential inspections or be licensed in good standing as a licensed contractor, building official, insurance adjuster, professional architect or engineer. e. Inspectors must acknowledge receipt of all My Safe Florida Home Technical Bulletins. Technical Bulletins include information on proper identification of home features, inspection reporting, best practices, and additional resources for inspectors to use in the completion of their duties. It shall be the responsibility of the WCE to maintain in one central location in one of the WCE's Florida offices or facilities, the files on each Inspector and other staff used 28
  29. 29. by the WCE to conduct any inspection in the program. Each Inspector file must include at a minimum the following: 1. Complete application and resume 2. Inspector name and badge number 3. Criminal history affidavit (see Attachment 13) 4. Copy of training and testing certification 5. Drug test results 6. Employment agreement, including standards for conduct and performance 7. Non-solicitation agreement 8. Copy of valid drivers license 9. Any documentation of discipline or performance counseling 10. Any documentation of commendations 11. Termination letter, if applicable 12. All signed certifications required under this contract These files shall be available for Department review at said location at any time during business hours while the WCE is under contract with the Department. Failure of WCE to maintain a complete Inspector file as described above with said documentation may result in an immediate probation or termination of WCE if deemed necessary by the Department. 1.17.2 Inspectors, Required Experience All inspectors used by the WCE to conduct Survey Inspections shall either have a minimum of two (2) years experience in residential construction and/or residential home inspection experience; or shall be currently licensed and in good standing in one (1) of the fifty (50) states as a: (i) professional engineer, (ii) architect, or (iii) general, building, residential, or roofing contractor (as those terms are defined in Section 489.105(3), Florida Statutes.) 1. “Experience in residential construction” means owning or being employed by a firm that actually engaged in the construction of residential properties. 2. “Residential home inspection experience” means owning or being employed by a firm that actually conducted residential inspections relating to structural assessments and/or compliance with building construction standards. 3. The experience requirement may be satisfied by a showing of cumulative experience, even if not continuous. Example: One year of full time experience in residential construction in 1996, followed by employment in other fields, followed by one year of full time residential home inspection experience in 2003, will satisfy the requirement. (a) Prior to using an inspector, the WCE shall require the inspector to sign an experience certification in the following form, which shall be maintained in the WCE’s files: “I, the person whose name and signature appears below, do hereby certify that (check one): ___ I have two (2) years experience in residential construction and/or residential home inspection experience. ___ I am currently licensed and in good standing in one (1) of the fifty (50) states as a (i) professional engineer, (ii) architect, or (iii) general, building, residential, or roofing contractor (as those terms are defined in Section 489.105(3), Florida Statutes.) 29
  30. 30. I understand and agree that for purposes of this certification, “experience in residential construction” means owning or being employed by a firm that is engaged in the construction of residential properties, and that “residential home inspection experience” means owning or being employed by a firm that actually conducted residential inspections relating to structural assessments and/or compliance with building construction standards.” (b) Prior to using an inspector, the WCE shall require the inspector to provide a written or printed document signed by the inspector which either specifies the engineer, architect, or contractor licensure held by the inspector which satisfies the experience requirement, or which details the inspector’s work experience demonstrating the required two years of cumulative experience. The WCE shall require that the document state the name and address of every employer being counted as providing experience to the inspector, and the “to-from” dates of the employment. If licensure as engineer, architect, or contractor is asserted in satisfaction of the experience requirement, the WCE shall require the inspector to specify in the document the license number, name of the state and regulatory body issuing the license and that licensing body’s phone number, or to provide the WCE with a current photocopy of the license relied upon (which copy shall be retained in the WCE’s files); if a photocopy of the current license is not provided, the WCE shall verify such licensure by contact with the licensing body. The documentation provided by the inspector to the WCE in satisfaction of this paragraph shall be maintained in the Inspector’s file maintained by the WCE. WCEs shall specify in their Proposal what their experience requirements for Inspectors will be, and experience requirements as specified by the Proposer will be a competitive element in evaluating Proposals. Proposers will be bound by their Proposal if awarded a contract. Experience requirements shall be specified in Proposals in terms of period of time employed in the residential inspection industry or experience in peforming structural assessments. Proposers should specify if any inspectors to perform inspections under this contract hold any professional licenses (e.g. licensure as an engineer, contractor, or architect). Additionally Proposers should specify if any inspector have memberships in professional inspection associations. Higher experience requirements are desirable and will result in more favorable Proposal evaluation, all other things being equal. 1.17.3 Inspectors and Other Staff Compensation Inspectors and other staff (which includes subcontractors) will be compensated by the WCE. The amount of compensation the WCE pays for Inspector services and other staff, and the terms and conditions of service between the WCE and the Inspectors and other staff, will be a matter solely between the WCE and the Inspector and staff, except that no term or condition inconsistent with this RPF or the WCE's contract with the Department shall be allowed. All risk of inability to recruit or otherwise obtain and retain Inspectors and staff, is on the WCE. All risk regarding the amount of compensation the WCE must pay to recruit, obtain or retain required Inspector and other staff services, is on the WCE. The Department will not be responsible to Inspectors or other staff to assure they are paid by the WCE that uses their services. The WCE will be responsible for paying its subcontractors or employees for properly completed inspections in a timely manner. 1.17.4 Inspectors -- dress code etc. WCEs shall assure that Inspectors utilized present a business-like, professional appearance, in regard to clothing and grooming, and at all times perform in a 30
  31. 31. competent and courteous manner in conducting inspections and interacting with homeowners and homeowners' family members. 1.17.5 Inspectors, WCE Staff and Management-- Criminal Background and Drug Use Requirements Inspectors, other WCE staff and management must, prior to performing any duties related to the program, have successfully undergone the required criminal background check and a drug screening. Responsibility for all action necessary to get the Inspector and other staff qualified will be on the WCE; the Department does not conduct the background checks, drug tests, training, or testing (except, see Fingerprinting, below). In their proposal each Proposer will explain how they will assure that their Inspectors and other staff will meet the standards. All inspectors who have completed a background check under the program since March 2007 will not be required to undergo another background check for three (3) years. 1.17.5.1 Required Criminal History Check; Fingerprinting Fingerprinting Section 21525586 (1) (b), Florida Statutes. To qualify for selection by the Department as a Wind Certification Entity to provide hurricane mitigation inspections, the entity shall, at a minimum: 1. Use hurricane mitigation inspectors who have undergone drug testing and level two (2) background checks. Inspectors must submit a set of fingerprints to the Department for state and national criminal history checks and must pay the fingerprint processing fee set for in Section 624.501, Florida Statutes.; the fee is approximately $57.25. 2. Criminal History Standards A criminal history that will disqualify the Inspector or other staff from performing inspections and other duties in the My Safe Florida Home program will consist of having been found guilty of, regardless of adjudication, or entered a plea of nolo contendre or guilty to, any offense under any provision of the Florida Statutes cited at Section 435.04(2), Florida Statutes, or under any similar statute of another jurisdiction. The affidavit, Attachment 13 to this RFP, lists the provision of the Florida Statutes cited at Section 435.04(2), Florida Statutes. This affidavit shall be completed by all inspectors, other staff and management of the WCEs. Fingerprint Procedures. The WCE shall from time to time notify the Department as to the identity of Inspectors and other personnel the WCE desires to have conduct inspections for the WCE in the program. Such notice shall be in a form as specified by the Department. The Department's Web site will provide links to one or more firms with which the Department has a contract in place to provide fingerprint services. The Inspector and other personnel shall follow the link to the fingerprint contractor's Web site, and the Inspector shall apply online through the fingerprint contractor's Web site to have their fingerprints taken. The Inspector and other personnel will be asked to pay the fee to the fingerprint contractor online. The fee is approximately $57.25. The fingerprint contractor's Web site will give the Inspector and other personnel a confirmation number at the successful conclusion of the online payment transaction. The WCE shall select from fingerprint service contractors who have fingerprint facilities in multiple Florida counties (see Attachment 15, a list of counties in which 31

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