STATE OF FLORIDA
DEPARTMENT OF FINANCIAL SERVICES
DIVISION OF WORKERS’ COMPENSATION
DFS WC RCP 13/14-14
Request for Contract Proposal
For Reemployment Services and Vocational Evaluations
Proposers are cautioned and reminded to READ CAREFULLY AND RESPOND PRECISELY AND
FULLY TO ALL INFORMATION contained in Contract and State of Florida Form PUR 1000,
General Conditions (ATTACHMENT E), available at:
http://www.dms.myflorida.com/business_operations/state_purchasing/vendor_information/state_contr
acts_agreements_and_price_lists/state_term_contracts/archive/carpet_flooring_materials_expired2/f
orms_and_other_information/complete_contract_general_instructions_to_Proposers_pur_1000.
Except as modified by this Request for Contract Proposal (which constitutes Special Conditions to
State of Florida Form PUR 1000, General Conditions) State of Florida Form PUR 1000, General
Conditions is incorporated by reference into the terms and conditions of this Request for Contract
Proposal.
Proposers are further reminded that conditions and specifications, which are considered mandatory
requirements are expressed with the word “shall” or “must” in the description of the requirement.
Proposals that fail to demonstrate both willingness and an ability to comply with such a condition or
specification will be considered non-responsive and may be disqualified.
CAUTION: Proposers shall submit a redacted version of its Proposal if the Proposer considers
any portion of the documents, data or records submitted in reply to this solicitation to be
confidential, trade secret or otherwise not subject to disclosure pursuant to Chapter 119,
Florida Statutes, the Florida Constitution or other authority. This redacted copy of the
Proposal shall be clearly titled “Redacted Copy.”
FAILURE OF A PROPOSER TO PROVIDE A REDACTED VERSION OF ITS PROPOSAL WHEN
CONFIDENTIALITY IS CLAIMED BY THE PROPOSER MAY BE CAUSE FOR DETERMINATION
OF NON-CONFORMANCE. FAILURE TO PROTECT A TRADE SECRET SHALL CONSTITUTE A
WAIVER OF ANY CLAIM OF CONFIDENTIALITY.
NOTE: This solicitation is exempt from competitive solicitation pursuant to Section
287.057(3)(e)10, Florida Statutes.
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TABLE OF CONTENTS
SECTION 1: PURPOSE AND GENERAL CONDITIONS .................................................................... 3
SECTION 2: SOLICITATION INSTRUCTIONS ................................................................................... 3
SECTION 3: SUBMISSIONS AND PROPOSAL SPECIFICATIONS (PHASE I) ................................ 5
SECTION 4: DEFINITIONS ............................................................................................................... 11
SECTION 5: SCOPE OF SERVICES ................................................................................................ 12
SECTION 6: DELIVERABLES .......................................................................................................... 17
SECTION 7: INVOICING ................................................................................................................... 19
SECTION 8: EVALUATION OF PROPOSALS ................................................................................. 20
SECTION 9: CONTRACT (ATTACHMENT E) .................................................................................. 21
SECTION 10: ADDITIONAL CONTRACT TERMS ........................................................................... 21
ATTACHMENT A – CERTIFICATE .................................................................................................... 24
ATTACHMENT B – PHASE II TECHNICAL EVALUATION – REEMPLOYMENT SERVICES ......... 25
ATTACHMENT C – PHASE II TECHNICAL EVALUATION – VOCATIONAL EVALUATION........... 26
ATTACHMENT D – PHASE III AGREEMENT TO COST SHEET...................................................... 27
ATTACHMENT E – CONTRACT ........................................................................................................ 28
ATTACHMENT F – DWC-23 REQUEST FOR SCREENING ............................................................. 41
ATTACHMENT G – REEMPLOYMENT SERVICES QUESTIONNAIRE ........................................... 42
ATTACHMENT H – SERVICE AREAS .............................................................................................. 46
ATTACHMENT I – TECHNICAL EVALUATION CRITERIA .............................................................. 47
ATTACHMENT J – CLIENT REFERENCE FORM ............................................................................. 48
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SECTION 1: PURPOSE AND GENERAL CONDITIONS
1.1 Purpose and Scope: The purpose of this Request for Contract Proposal (RCP) is to solicit
competitive Responses from one or more entities that are qualified and capable of providing effective
and efficient Reemployment and Vocational Evaluation Services to eligible injured employees in
accordance with Section 440.491, Florida Statutes, and Rule Chapter 69L-22, Florida Administrative
Code.
The primary scope of services that are being solicited under this RCP are Reemployment Services
and/or Vocational Evaluations to be provided to eligible injured employees in accordance with
Section 440.491, Florida Statutes, Rule Chapter 69L-22, Florida Administrative Code, and as
described in Section 5 of this RCP.
The Department will initially assess an injured employee who is willing and eligible for Reemployment
Services and/or Vocational Evaluation in accordance with statutory and rule requirements, and
determine whether conditions exist to potentially benefit the injured employee in returning to suitable
gainful employment. The Department may refer the injured employee to a rehabilitation provider for
applicable professional services.
Included in this solicitation is a Florida map (Attachment H) divided into eight (8) service areas.
Prospective Proposers may offer their services in one or more service areas. The Department has
the discretion of contracting with one or more entities to achieve effective and efficient coverage on a
statewide basis, and may award contracts on an ongoing basis as outlined in Section 2.5.
1.2 Point of Contact: The sole point of contact from the date of release of this solicitation until
selection of one or more successful Proposer(s) shall be:
Department of Financial Services
Division of Workers’ Compensation
Jacki R. Lawhon
200 E. Gaines Street
Tallahassee, FL 32399-4220
EMAIL: Jacki.Lawhon@myfloridacfo.com
FAX: 850-413-1987 or 850-413-1973
The Proposers shall submit all procedural questions and requests for clarification of this solicitation to
the above named contact.
1.3 General Conditions: PUR 1000 is incorporated herein by reference. However, PUR 1000
Sections 3, 6, 12, 13, 14, 22 and 38 have been omitted and are not incorporated in this RCP.
SECTION 2: SOLICITATION INSTRUCTIONS
2.1 Reservations: This procurement is exempt from competitive solicitation pursuant to
Section 287.057(3)(e)10, Florida Statutes. This RCP shall not be treated as an offer under contract
law principles. The Proposal may only be accepted by the Department by execution of the Contract,
which will contain all agreed-upon terms and conditions. The Department reserves the right to:
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A.
B.
C.
D.
Reject any or all Proposals
Conduct an investigation of the qualifications and/or past performance of any Proposer
Request additional information or clarification from any Proposer in regard to their Proposal
Conduct face-to-face negotiations with one or more selected Proposers
2.2 Solicitation Terms and Conditions: The provisions of this RCP, including all its attachments,
shall be read as a whole. In case of conflict or inconsistencies between provisions, provisions shall
have the order of precedence listed below, where the top listed item has the highest precedence:
A.
B.
C.
D.
E.
The Contract (Attachment E)
Scope of Services (Section 5)
Remaining RCP Sections
Remaining RCP Attachments and Exhibits
State of Florida Form PUR 1000, General Conditions, incorporated herein by reference.
If there are any inconsistencies among any of the provisions of this RCP and its attachments,
Proposers shall bring these inconsistencies to the attention of the individual named above in RCP
Section 1.2 prior to the submission of a Proposal. The Contract (Attachment E), after execution by the
parties, will take precedence over this RCP.
The Department objects to and shall not consider any terms or conditions submitted by a Proposer,
including any appearing in documents attached as part of a Proposer’s Proposal, which are
inconsistent with or contrary to the requirements, terms or conditions of the Contract or State of
Florida Form PUR 1000, General Conditions (Attachment E). In submitting a Proposal, the Proposer
agrees that any such inconsistent or contrary terms or conditions, whether submitted intentionally or
inadvertently, shall have no force or effect, and that the Department shall not be held to have
acquiesced to such term or condition. Failure to comply with terms and conditions of this RCP,
including those specifying information that must be submitted with a Proposal, may be grounds for
rejecting a Proposal.
2.3 The Department will not be liable for any costs incurred in the preparation and production of a
response to this RCP. All Proposals become the property of the Department upon submission and will
not be returned to the Vendor.
2.4 *NOTE* If deemed in the best interest of the state, a Contract may be awarded to multiple
Contractors.
2.5 Notwithstanding other provisions in the RCP, the Department reserves the right to accept
additional competing Contractors’ Proposal(s) during the term of the Contracts or renewals.
2.6 This RCP will not have a public opening.
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2.7 Notice of Intended Award will be posted on the Department’s website
www.myfloridacfo.com/division/wc/RCP on or before the anticipated award date in Section 3.5
Procurement Timeline.
2.8 If the Department seeks additional Proposals during the Contract term, a request will be posted
at www.myfloridacfo.com/division/wc/RCP. These Responses will be evaluated based on the
established criteria in this RCP unless otherwise noted.
SECTION 3: SUBMISSIONS AND PROPOSAL SPECIFICATIONS (PHASE I)
3.1 General Instructions: Section 3 contains the instructions for formatting and submitting
Proposals. Section 3 (Phase I) contains the mandatory elements the Department will use to evaluate
Proposals. All elements are required unless otherwise identified. The provisions below are terms
and conditions that are agreed to when submitting a Proposal. To facilitate the analysis of Responses
to this RCP, Vendors are required to prepare Proposals in accordance with the instructions in this
section. Failure to comply may be considered non-responsive and may be grounds for
disqualification, at the discretion of the State.
3.1.1 Submitting Proposal Responses: All Proposals must be submitted electronically to the
Department of Financial Services, no later than the date specified in Section 3.5 Procurement
Timeline of this RCP. Respondents with proposal(s) that need to be redacted because of confidential
or trade secret information should refer to Section 3.1.2, Paragraphs B and C. Proposals MUST be
sent to: Jacki.Lawhon@myfloridacfo.com.
3.1.2 Public Records and Confidential Trade Secret Information:
The final form of the Contract is a public record and will be posted online as part of the Transparency
Act.
A. Solicitation Responses. Sealed bids, Proposals or Responses filed in response to this
competitive solicitation are temporarily exempt from public records requests. Pursuant to
Section 119.071(1)(b), Florida Statutes, these Responses are exempt only until the agency
provides notice of an intended decision or until 30 days after opening the bids, Proposals, or
final Responses, whichever is earlier. Notwithstanding any contractual provisions to the
contrary, the Department is obligated to make available for inspection or copying any nonexempt public record pursuant to the requirements of Chapter 119, Florida Statutes, the Public
Records Act, and Article I, Section 24 of the State Constitution. As such, upon receipt of a
request to inspect or copy a Response to this competitive solicitation, the Department will
make Responses to this competitive solicitation that are no longer exempt pursuant to Section
119.071(1)(b), Florida Statutes, available for inspection or copying upon receipt of a public
records request as required by Chapter 119, Florida Statutes, the Public Records Act, and
Article I, Section 24 of the State Constitution.
B. Confidential Trade Secret Information: Trade secrets are not solicited or desired as
submissions with Responses. Pursuant to Section 812.081, Florida Statutes, a person who
claims that information is a trade secret must take measures to protect such information and to
prevent it from becoming generally available. As such, if Proposer includes in its Response
information that Proposer considers to be a trade secret that meets the definition provided in
Section 812.081, Florida Statutes, Proposer shall file a notice of trade secret with the
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Department that puts the Department on notice that Proposer has included trade secret
information in its Response. Furthermore, if a Proposer reserves the right to assert that a
portion of its response is a trade secret, Proposer shall provide the Department with an
additional copy of its Response that has been redacted to conceal only that information that
Proposer claims to be a confidential trade secret meeting the definition of a trade secret as
provided in Section 812.081, Florida Statutes, and is clearly identified as having had trade
secret information redacted, that is labeled “CONFIDENTIAL TRADE SECRETS.”
C. Other Confidential Records. The provision of redacted Contract information on a website for
public viewing does not alleviate the duty of the Department nor the Contractor to respond to a
public records request. The response to the requestor may include referral to the website for
viewing the identical (redacted) version. Should the Proposer or Contractor provide information
deemed confidential or exempt from the Florida Public Records Act, then the Proposer or
Contractor shall place such information in an encrypted electronic form and/or a sealed
separate envelope provide the Department with an additional copy of their documentation
containing such information that has been redacted to conceal only that information the
Proposer claims to be confidential. Sealed separate envelopes should be mailed to the
address identified in Section 1.2 (Point of Contact).
D. The awarded Proposer (Contractor) is responsible for becoming familiar with the Florida Public
Records Act with regard to records associated with the Contract. If a public records request is
made to the Contractor, the Contractor will: immediately notify the Department of such request;
process the request as approved by the Department’s Public Records section; provide the
Department progress status reports; and provide a copy of its intended redacted version in
case there is a public records request. For noncompliance by the Contractor with Section
119.0701, Florida Statutes, or the above requirements regarding response to public records
requests (collectively Public Records Tasks), the Department at its option may enforce these
provisions by exercising “Step-In” rights as described in the Contract section regarding
remedies or according to the termination provisions of the Contract or both. If a public records
request is made to the Department for documentation related to this solicitation and the
resulting Contract, the Department will notify the Proposer or Contractor of such request if the
Proposer or Contractor has provided the Department with a notice of trade secret or other
confidentiality as noted above. If a public records request is made to either the Department or
the Proposer, the Proposer shall be solely responsible for taking whatever action it deems
appropriate to legally protect its claim of exemption from the public records law. Any
prospective Vendor acknowledges that the protection afforded by Section 815.045, Florida
Statutes, is incomplete, and it is hereby agreed that no right or remedy for damages arises
from any disclosure based on the Proposer or Contractor’s failure to promptly legally protect its
claim of exemption and commence such protective actions within ten (10) days of receipt of
such notice from the Department. (Modifies PUR 1000-33 and PUR 1001-19). Contractor shall
retain such records for the longer of three years after the expiration of the Contract or the
period required by the General Records Schedules maintained by the Florida Department of
State (available at: http://dlis.dos.state.fl.us/recordsmgmt/gen_records_schedules.cfm).
E. The awarded Contractor shall, to the extent required by Section 119.0701, Florida Statutes,
perform the following tasks to comply with Section 119.0701, Florida Statutes, (a) maintain
public records required by the Department to perform the service; (b) provide access on the
same conditions and at a cost not exceeding that provided in Section 119.07, Florida Statutes,
(c) ensure exempt or confidential documents are not disclosed and (d) transfer public records
at no cost to the Department on termination, destroy confidential duplicates, including remnant
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data, and provide electronic records in a format compatible with the Department’s systems at
no cost to the Department. For noncompliance by the Contractor, the Department shall
enforce these provisions according to the step-in provisions or termination provisions in the
Contract or both.
F. The parties shall not be required to disclose to the public any materials protected by law, and
disclosure of any confidential information received by the State of Florida will be governed by
the provisions of Article I, Section 24 of the Florida Constitution, and the Florida Public
Records Act, Chapter 119, Florida Statutes, and exceptions thereto. The following records are
specifically excluded from inspection, copying, and audit rights under the Contract:
1. Records of the Contractor (and subcontractors) that are unrelated to the Contract;
2. Documents created by and for the Department or other communications related thereto
that are confidential attorney work product or subject to attorney-client privilege, unless
those documents would be required to be produced for inspection and copying by the
Department under the requirements of Chapter 119, Florida Statutes, and, Article I
Section 24 of the Florida Constitution; and
3. The Contractor's (and subcontractors) internal cost and resource utilization data, or data
related to employees, or records related to other customers of the Contractor, or any
subcontractor who is not performing services under this Contract.
3.2 Proposal Format:
 Document Type: PDF
 Font Size: 12 pt
 Font Type: Arial
 Margins: One (1) inch
 Page Numbering: In the footer of the Proposal as “Page ## of ###”
 Spacing: Single line
3.3 Title Page and Table of Contents: The Proposal must include a title page and a table of
contents page.
3.3.1 Title Page:
 Entity submitting the Proposal
 Date of submission
 Title: “Proposal for Reemployment Services and Vocational Evaluations”
 Proposed Service Area(s)
3.3.2 Table of Contents: The numbering in the Proposal’s Table of Contents section should match
the same section numbers as outlined in the RCP.
3.4 Technical Proposal Sections: The technical Proposal should consist of eight (8) sections
(Tabs) as outlined below.
3.4.1 Certificate (Tab 1) - REQUIRED
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The original Certificate (Attachment A) must be properly completed and signed.
3.4.2 Management Summary (Tab 2) - REQUIRED
The purpose of this section is to obtain an overview of the Proposal for the RCP. The Vendor must
highlight major features of their entity and technical approach. Limit this section to five (5) pages.
3.4.3 Capabilities (Tab 3) - REQUIRED
The purpose of this section is to obtain insight into the entity’s experience, resources, and
qualifications of the Vendor and any subcontractors. At a minimum, address the following:
3.4.3.1 Location and Organization: Include information regarding the location of the entity’s
headquarters, all Florida locations, and relevant organizational structure pertinent to providing the
services requested in this solicitation. REQUIRED
3.4.3.2 Legal Entity: Provide evidence that the organization is a legal entity. Incorporated
Contractors must provide either a copy of the corporation's most current annual report on file with the
appropriate state agency, or, if incorporated during the past twelve (12) months, a copy of the
corporation's articles of incorporation and charter number assigned by the appropriate state agency.
Businesses that are not incorporated must provide a copy of their business or occupational license.
Partnerships shall submit documentation of compliance with the applicable provisions of Chapter 620,
Florida Statutes. REQUIRED
3.4.3.3 Personnel Resources: Provide a chart of the organization, indicating the names and titles
of each principal and employee(s) that will be directly involved in providing the services described
herein. Please indicate whether internal staff or external resources will be used to provide services.
REQUIRED
3.4.3.4 References: In the space provided on the Client Reference Form (Attachment J) the
Proposer (not intended subcontractors) must provide the information indicated for three (3) separate
and verifiable, non-Department clients and must include a combination of references from workers’
compensation claims handling entities and injured employees, to demonstrate the Vendor’s ability to
perform Reemployment Services and/or Vocational Evaluations. The same client may not be listed for
more than one reference, and confidential clients shall not be included. In the event the Proposer has
had a name change since the time work was performed for a listed reference, the name under which
the Proposer operated at that time must be provided in the space provided on the Client Reference
Form (Attachment J). The Client References will not become part of the Contract.
Clients that are listed as subcontractors in the Proposal will not be accepted as client references
under this RCP. Entities having an affiliation with the Proposer, (i.e. current parent, subsidiary having
common ownership, having common directors, officers or agents or sharing profits or liabilities) will
not be accepted as client references under this RCP.
In the event that the Proposer submits a Proposal as a joint venture or legal partnership, at least one
client reference shall be listed for each member of the joint venture or legal partnership. However,
the total minimum number of clients to be listed shall be three.
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The Proposer must provide authorization for the Department to contact these references.
REQUIRED
3.4.3.5 Client Service List: Provide a list of entities for which the Vendor has performed
Reemployment Services and/or Vocational Evaluations under the Florida Workers’ Compensation
Law over the past three (3) years. State the length of time that such services have been provided.
REQUIRED
3.4.3.6 Litigation: Provide a list of pending and settled litigation involving the services specified
herein for the previous two (2) years in which the Proposer or one of its providers is a named party.
DFS retains the right to request additional data pertaining to the Vendor’s ability and qualifications
used to accomplish all work in this RCP to ensure competent and satisfactory work. REQUIRED
3.4.4 Reemployment Services and Vocational Evaluation Provider(s) (Tab 4) - REQUIRED
The purpose of this section is to obtain insight into:
 The Contractor’s overall staffing structure;
 The experience, qualifications, and capabilities of the Contractor’s team to perform required
tasks.
The Vendor must provide the following information for its staff and all proposed subcontractors (limit
the information to two (2) pages per person):
 Organizational structure and staffing levels indicating internal staff or external resources.
 Knowledge, expertise, and years of experience returning individuals to work.
 Number of years of workers’ compensation experience returning injured employees to
suitable gainful employment.
 Education, background, and certifications.
 Additional information pertinent to providing services described in this RCP.
3.4.5 Technical Approach (Tab 5) - REQUIRED
The purpose of this section is to obtain specific insight into the Vendor’s technical approach based on
the services described herein.
3.4.5.1 Experience: A written summary of the Contractor’s experience demonstrating the ability to
provide the proposed services. Indicate whether internal staff or external resources were used or will
be used. REQUIRED
3.4.5.2 Expertise: A written summary of the Contractor’s technical expertise, capability,
procedures, and staff demonstrating the ability to provide the proposed services. Indicate whether
internal staff or external resources will be used. REQUIRED
3.4.5.3 Service Coverage Area and Business Model - REQUIRED
A. Identify all counties in which Reemployment Services are currently provided, describe the
current business model in place, and identify the provider(s) for each county.
B. Identify all counties in which Vocational Evaluations are currently provided, describe the
current business model in place, and identify the provider(s) for each county.
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C. Identify all Service Areas (Attachment H) for which you are proposing to provide
Reemployment Services and describe the proposed business model and provider(s) for each
service area.
D. Identify all Service Areas (Attachment H) for which you are proposing to provide Vocational
Evaluations and describe the proposed business model and provider(s) for each service area.
3.4.5.4 Services Offered: List of other services provided with descriptions of those services.
REQUIRED
3.4.5.5 Report Samples: Provide two examples of Reemployment Services reports and two
examples of Vocational Evaluation reports. Reports must represent a cross sampling of providers
who will provide services if awarded a Contract. REQUIRED
3.4.5.6 Performance Metrics: Provide the following performance metrics for the past three (3)
calendar years. If the Vendor has been in business for less than three (3) calendar years, provide all
data starting from the date services have been provided. REQUIRED
3.4.5.6.1 Reemployment Services:
A. Number of individuals who received Reemployment Services
B. Of the individuals who received Reemployment Services:
1. Number of individuals who went to work in competitive employment
2. Number of individuals who went to work in supported employment
3. Number who did not return to work
C. Average length of time to secure employment
D. Customer service satisfaction data of the services provided to injured employees
3.4.5.6.2 Vocational Evaluations:
A. Number of individuals who received Vocational Evaluations
B. Of the number who received Vocational Evaluations:
1. Number recommended for training programs less than one (1) year
2. Number recommended for training programs greater than one (1) year
3. Number recommended for job placement services without retraining
4. Number recommended for services other than training or job placement
C. Number who completed recommended training
D. Number who did not complete recommended training
E. Number who returned to work in area related to recommendations
F. Average length of time to secure employment
G. Customer service satisfaction data of the services provided to injured employees
3.4.6 Innovative Ideas (Tab 6) - OPTIONAL
The Department encourages the Vendor to describe innovative or creative methods in providing
efficient and effective Reemployment Services and Vocational Evaluations. Innovative ideas, new
concepts and arrangements might include unique business features, special services, discounts or
terms and conditions specific to each Contractor.
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3.4.7 Phase II Technical Evaluation Sheet(s) (Tab 7) – REQUIRED
The Proposer must complete the Phase II Technical Evaluation (Attachment B) when proposing
Reemployment Services.
The Proposer must complete the Phase II Technical Evaluation (Attachment C) when proposing
Vocational Evaluations.
3.4.8 Phase III Agreement to Cost Sheet (Tab 8) - REQUIRED
The Proposer must complete the Phase III Agreement to Cost Sheet (Attachment D).
3.5 Procurement Timeline
The Department’s anticipated procurement timeline is shown below (all times are Eastern Daylight
Savings Time (EDT). The Department reserves the right to amend the procurement timeline if
deemed to be in the best interest of the State.
PROCUREMENT TIMELINE
PROCUREMENT ACTIVITIES
DATE/TIME
Deadline for questions regarding the RCP.
May 16, 2014
(Submit questions via e-mail. See Section
1.2 of this RCP.)
5:00 PM
Answers to questions posted to the
Division’s website, on or about.
May 30, 2014
Deadline for submission of Proposals
June 13, 2014
(Submit Proposals via e-mail. See
Section 1.2 of this RCP.)
5:00 PM
Anticipated Award date, on or about
July 15, 2014
Division’s website: www.myfloridacfo.com/division/wc/RCP
SECTION 4: DEFINITIONS
Assignment: The Department’s request to the Contractor for a specific service to be performed
within a certain timeframe. The assignment will include appropriate information for the Contractor to
provide the requested service.
Contractor: The legally qualified corporation, partnership, or other entity responding contracted with
the Department to provide the requested services. This may also be referred to as Vendor, offeror,
Proposer, company, Respondent or entity.
Corrective Actions: Techniques and strategies implemented by the rehabilitation provider to assist
the injured employee in returning to work.
Customary Residence: The injured employee’s place of permanent residence. The customary
residence changes whenever the injured employee changes his or her permanent residence.
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Department: Department of Financial Services, DFS, or Chief Financial Officer. These terms may
be used interchangeably.
External Resources: Third parties contracting with the Contractor to perform the scope of services
of the RCP.
Internal Staff: Employees of the Contractor performing the scope of services of the RCP.
Proposer, Contractor, Offeror, and Vendor: A legally qualified corporation, partnership, or other
entity responding to this solicitation. The solicitation response may be referred to as Proposal, reply
or response.
Provider: The individual that renders the requested services. The provider may be the Contractor,
an employee of the Contractor, or a subcontractor secured by the Contractor to perform
Reemployment Services and/or Vocational Evaluations.
Reemployment Services: Services that include, but are not limited to, vocational counseling, jobseeking skills training, job analysis, transferable skills analysis, selective job placement, labor market
information, and arranging other services which may be needed by the employee to secure suitable
gainful employment.
Suitable Gainful Employment: Employment or self-employment that is reasonably attainable in light
of the employee’s age, education, work history, transferrable skills, previous occupation, and injury
that offers the employee an opportunity to be restored as soon as practicable, and as near as
possible to his or her average weekly earnings at the time of injury.
Vocational Evaluation: A review of the employee’s physical and intellectual capabilities, aptitudes
and achievements, and work-related behaviors to identify the most cost-effective means towards the
employee’s return to suitable gainful employment.
SECTION 5: SCOPE OF SERVICES
5.1 Objective: Provide Reemployment Services and/or Vocational Evaluations as assigned by the
Department. To avoid conflicts of interest, individuals providing Vocational Evaluations may not
provide Reemployment Services to the same injured employee.
5.2 Reemployment Assignments: The Department may assign Reemployment Services to the
Contractor. The delivery method for the assignment will be through the Contracted Services Module
of the Reemployment Services Web Portal. An assignment may contain:
A.
B.
C.
D.
E.
Data from DWC- 23, Request for Screening (Attachment F).
Data from completed Reemployment Services Questionnaire (Attachment G).
Reemployment Services requested by the Department.
Department’s activities notes related to the injured employee’s Request for Screening.
Medical information, in the Department’s possession, relevant to the injured employee’s return
to suitable gainful employment.
F. Other documents in the possession of the Department relevant to conduct the Reemployment
Services.
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5.3 Components of Reemployment Services: Reemployment Services shall be appropriate to the
injured employee’s knowledge, skills, physical abilities, job experience, background, and education
and may include the following services based on the assignment from the Department.
A. Assisting the injured employee in developing and writing a resume. When services include the
development of a resume, a resume must be completed within the initial billing period for
Reemployment Services. The provider is responsible for creating the resume.
B. Conducting transferable skills analysis. Such analysis shall determine any skills or skill sets
from previous jobs or life activities that the injured employee can transfer to another
occupation. The provider must discuss the results of the transferable skills analysis with the
injured employee.
C. Job placement services shall include, but not be limited to:
1. Identifying and informing the injured employee of current job vacancies and providing
assistance to apply for such vacancies.
2. Speak with potential employers, advocating on behalf of the injured employee.
3. Interviewing skills which may include role playing or mock interviews.
4. Consulting with employers on behalf of the injured employee for the purpose of securing
suitable gainful employment.
5. Arranging job interviews for the injured employee.
D. Developing job seeking skills shall include, but not be limited to:
1. The need to dress and groom appropriately for an interview and in the workplace.
2. The importance of verbal and non-verbal communication.
3. Appropriate conversation with prospective employers.
4. The importance of timeliness and punctuality.
5. Directions on how to complete job applications.
6. Time management and organizational skills.
5.4 Components of the Reemployment Services Report: The Reemployment Services report
shall contain the following:
A. Summary of Reemployment Service(s) provided and contract hours used to include:
1. Problems or issues encountered with the injured employee that adversely affects the
reemployment process and the corrective actions taken.
2. Continuing feasibility of the reemployment plan and any recommendation(s) with
justifications for changes in the current plan.
3. A plan for use of the remaining contracted reemployment service hours.
4. Dates of contact with the injured employee and other pertinent parties.
B. Work product(s) resulting from the requested services (i.e. resume, job leads, correspondence
with the injured employee, etc.).
5.5 Reemployment Services Timelines: The Contractor shall:
A. Acknowledge the Department’s assignment within three (3) business days via the Contracted
Services Module of the Reemployment Services Web Portal.
B. Assign the Reemployment Services request to a provider within five (5) business days.
C. Notify the Department with the name of the provider via the Contracted Services Module of the
Reemployment Services Web Portal within five (5) business days.
D. Provide the Initial Reemployment Services Report to the Department no later than forty-five
(45) calendar days from the Contractor’s acknowledgment of the assignment. Subsequent
reports are due every thirty (30) days up until the assignment end date.
13
5.6 Vocational Evaluation Assignments: The Department may assign Vocational Evaluations to
the Contractor. The delivery method for the assignment will be through the Contracted Services
Module of the Reemployment Services Web Portal. An assignment may contain:
A.
B.
C.
D.
Data from DWC- 23, Request for Screening (Attachment F).
Data from completed Reemployment Services Questionnaire (Attachment G).
The Department’s activity notes related to the injured employee’s Request for Screening.
Medical information, in the Department’s possession, relevant to the injured employee’s return
to suitable gainful employment.
E. Other documents in the possession of the Department relevant to conduct the Vocational
Evaluation.
5.7 Components of Vocational Evaluations: When conducting Vocational Evaluations, the
provider shall:
A. Ensure that any tests administered to an injured employee meet the following criteria:
1. The assessment instruments must be administered under the same conditions that were
established in the development of the instruments.
a. When using technology or electronic methods to administer assessments, the Provider
shall ensure the instruments are functioning properly and providing accurate results.
b. The Provider shall remove or cure conditions that invalidate test results.
2. Unsupervised or inadequately supervised tests or assessments are not permitted unless
the tests or assessments are designed, intended, and validated for self-administration
and/or scoring.
3. The injured employee shall not be responsible for costs related to the administration,
scoring or interpretation of any test(s).
B. Provide adaptive evaluation tools or techniques to accommodate any physical or functional
disability or language barrier. The Provider is responsible for securing an independent
translator, if required.
C. Ensure that the Vocational Evaluation test site meets the following criteria:
1. Americans with Disabilities Act (ADA) accessible.
2. Located within a fifty (50) mile radius of the injured employee’s customary residence.
3. The Vocational Evaluation shall not be conducted at the injured employee’s customary
residence.
4. The Department must pre-approve any test sites outside the established criteria as set forth
above.
D. Identify the injured employee’s physical and intellectual capabilities, aptitudes, achievements,
work related behaviors, and interests. The interests of the injured employee alone cannot be
the only basis for the vocational evaluator’s recommendation.
E. Identify residual or transferable skills.
F. Identify whether training and education or Reemployment Services are necessary to return the
injured employee to suitable gainful employment.
1. When recommending training or education programs, the provider shall include the
rationale for the recommended program, the entrance, enrollment and exit requirements of
the program, the anticipated program costs and the proximity of the program to the injured
employee’s customary residence, identify any and all remedial courses that may be
necessary for entrance into the program. A Vocational Evaluation recommendation in which
the training program requires more than two remedial courses at a community college or
14
more than two grade levels at a public career center will be considered invalid and shall be
returned to the provider for revised recommendations.
2. When training and education is recommended, the provider must provide local labor market
information which supports the injured employee’s ability to secure suitable gainful
employment upon completion of the training and education program and shall include:
a. Entry-level, median, and high-wage earning capacity.
b. Expected physical demands of the identified occupations.
c. Minimum educational requirements and work experience.
3. When the recommendation is for job placement, the provider must provide local labor
market information to include current job availability:
a. Entry-level, median, and high-wage earning capacity.
b. Expected physical demands of the identified occupations.
c. Minimum educational requirements and work experience.
5.8 Components of the Vocational Evaluation Report: The Vocational Evaluation report shall
contain the following:
A. Background Information: This section shall contain information specific to the injured
employee. Examples of background information include: gender, age, average weekly wage,
primary and secondary languages, hand dominance, computer skills, job search activities and
outcomes, support systems, financial situation, access to transportation, child care issues,
criminal history, hobbies and interests.
B. Medical History: This section shall contain the date of injury, a brief description of the injured
employee’s workers’ compensation injury including diagnosis, treatment (surgery versus
conservative treatment), prognosis or permanent restrictions, and the maximum medical
improvement date. Additionally, this section shall include information related to other medical,
psychological or psychiatric conditions, or medication that may impact reemployment, use of
adaptive devices and equipment and physical abilities as they relate to reemployment.
C. Educational History: This section shall contain educational / academic achievements such as
the highest grade level completed, date of GED or high school diploma, dates of postsecondary attendance or college graduation. Grade point averages for any post secondary
training or education, areas of study and/or degrees received, subjects liked / disliked, and
employer-provided training.
D. Work History: This section shall contain information related to employment previously held by
the injured employee, dates of employment, job duties, and reasons for leaving employment.
Additionally, this section shall include information related to military service including branch of
service, years of service, rank or rate, and job duties.
E. Behavioral Observations: This section shall contain examples of behavioral observations such
as timeliness, dress, interpersonal skills, verbal and nonverbal communication skills, ability to
stay on task, appropriateness of conversation, nervous habits or behaviors, etc.
F. Test Results: This section shall contain a summary of the test(s) administered, the purpose of
the test(s), the scores received, and their meaning. Also, include an explanation of testing
instruments and work samples used, specifying the form and level of tests, percentile scores,
norm groups, grade levels, standard scores and stanine scores as applicable to the test
instrument.
G. Transferable Skills Analysis: This section shall identify any skills or skill sets from previous jobs
or life activities that the injured employee can transfer to another occupation. It shall also
include examples of job categories the injured employee would be capable of performing.
H. Recommendations: This section shall contain vocational recommendation(s) for the injured
employee. Recommendations may be for training and education or direct job placement.
15
1. When training and education is recommended, the provider must:
a. Identify the expected occupation(s) for which the injured employee will be capable of
seeking employment upon completion of the training and education program;
b. Identify the training or education facility closest to the injured employee’s customary
residence; and,
c. Identify two program recommendations.
2. When direct job placement is recommended, the provider must identify occupations for
which the injured employee is able to pursue suitable gainful employment.
I. Labor Market Survey: This section shall contain local labor market information which supports
the injured employee’s ability to secure suitable gainful employment as a result of the
recommendations. The labor market information shall include:
1. Entry-level, median, and high-wage earning capacity.
2. Expected physical demands of the identified occupations.
3. Minimum educational requirements and work experience.
J. Summary: This section shall contain the provider’s recommendations and the reasons that
support the recommendations. The recommendations shall be appropriate to the injured
employee’s knowledge, skills, physical abilities, job experience, background, and education.
5.9 Vocational Evaluation Timelines: The Contractor shall:
A. Acknowledge the Department’s assignment within three (3) business days via the Contracted
Services Module of the Reemployment Services Web Portal.
B. Assign the Vocational Evaluation request to a provider within five (5) business days.
C. Notify the Department with the name of the provider via the Contracted Services Module of the
Reemployment Services Web Portal within five (5) business days.
D. Provide the Vocational Evaluation
E. Report to the Department no later than forty-five (45) calendar days from the Contractor’s
acknowledgment of the assignment.
5.10 Contractor Responsibilities:
The Contractor shall:
A. Be respectful, courteous, and professional at all times to the injured employee.
B. Provide services during normal business hours (Monday - Friday 8:00 am to 5:00 pm,
excluding State of Florida holidays) unless mutually agreed upon by the injured employee and
provider.
C. Be available for case status meeting(s) and/or conference calls with Department staff.
D. Provide reports to the Department as stated in the RCP and Contract.
E. Be able to receive and submit electronic correspondence, reports and work product as
separate documents via the Contracted Services Module of the Reemployment Services Web
Portal. All reemployment services and vocational evaluation reports must contain the
Department assigned case number.
F. Be responsive to Department inquiries.
G. Refrain from promoting political, religious, or any other non-reemployment services related
activities.
H. Adhere to the Code of Professional Ethics relative to the professional certification(s) that the
Contractor holds.
I. Secure a responsible and reliable interpreter who is not a friend or family member of the
injured employee, if required.
16
J. Designate a Contract Manager. The designated Contract Manager will meet with the
Department on a quarterly basis to discuss all aspects of the Contract.
K. Ensure that the injured employee is contacted within one week of notifying the Department of
the assignment of a provider to perform the services. If the injured employee is unable to be
reached during the one week timeframe, the Contractor must notify Department staff
immediately.
L. Ensure the provider conducts a face-to-face meeting with the injured employee within two (2)
weeks of the assignment and at a minimum one time each billing period unless pre-authorized
by the Division.
M. Be responsible for the administration, scoring and interpretation of all testing instruments and
work samples used as part of the Vocational Evaluation process.
N. Not discuss the recommendations of the Vocational Evaluation with the injured employee.
O. Notify the Department immediately upon receipt of any requests from third parties, including,
but not limited to, law firms, attorneys, carriers and injured employees for information, work
products or reports related to any case.
P. Not release any work products or reports to any third parties, including, but not limited to, law
firms, attorneys, carriers and injured employees. Unauthorized release of work products,
reports or other information may be a violation of the Florida Public Records Law or the
Contract.
Q. Immediately notify the Department of any issues that prohibit or delay the provision of services.
R. Be available to participate in any judicial or administrative proceedings pertaining to the
services provided pursuant to this RCP.
S. Make recommendations consistent with current Florida Statutes and Rules.
T. Provide Department approved training to all providers regarding the Scope of Services located
in Section 5 of this RCP.
U. Use providers with a minimum of one year professional work experience in returning injured
employees to suitable gainful employment within the workers’ compensation arena.
V. Ensure all providers adhere to the same responsibilities.
5.11 Contractor/Provider/Subcontractor Qualifications:
A. A Vocational Evaluation must be conducted by a Certified Rehabilitation Counselor (CRC) or
Certified Vocational Evaluator (CVE).
B. Reemployment Services must be provided by an individual who is a Certified Rehabilitation
Counselor (CRC), Certified Vocational Evaluator (CVE), or Certified Disability Management
Specialist (CDMS).
C. Level 2 criminal background checks must be conducted for all providers. A summary of results
must be submitted to the Department.
SECTION 6: DELIVERABLES
No.
1
Name
Implementation
Plan
Acceptance Criteria
List of providers
rendering services
described in Section 5 of
the RCP.
Due Date
Within 30 calendar
days from the
execution of the
contract
Remedy
No assignments made
until receipt of an
approved
implementation plan.
17
No. Name
Acceptance Criteria
Due Date
Remedy
Reemployment Services --Provide services as assigned to assist injured employees in obtaining suitable gainful employment
which requires the Vendor to ascertain the knowledge, skills, physical abilities, job experience,
background and education of injured employees. Reemployment Services include assisting an
injured employee to develop and write a resume’, providing current job vacancy information (includes
consulting with prospective employers), interviewing skills, job seeking skills (appearance, verbal
communication, including what type of conversation is appropriate), timeliness and punctuality, job
application training, time management and organization skills and periodic reports for the assigned
injured employee. Reports are required within 45 days from acknowledgement of assignment and
every 30 days thereafter for the remainder of the assignment as outlined in Section 5.5 of the RCP.
2
Reemployment
Acknowledge receipt of
No later than 3
$5.00 reduction for each
Services
Division assignment
business days from business day past the
Acknowledgement through the Contracted
date of assignment. due date.
of Assignment
Services Module of the
Reemployment Services
Web Portal.
3
Reemployment
Notify the Division of the
No later than 5
$5.00 reduction for each
Services Provider name of the provider that business days from business day past the
Assignment
has been assigned the
the Contractor’s
due date.
case through the
acknowledgement
Contracted Services
of the assignment.
Module of the
Reemployment Services
Web Portal.
4a
Reemployment
See Section 5.3, 5.4 and * 45 days from
$50.00 reduction for an
Report
5.5.
acknowledgement
incomplete or
of assignment and
unacceptable report
every 30 days
submitted after the due
thereafter for the
date. In addition,
remainder of the
$25.00 reduction per
assignment.
day until an acceptable
report is received.
Reference Section 10.4.
4b
Reemployment
See Section 5.3, 5.4 and * 45 days from
$25.00 reduction per
Report
5.5.
acknowledgement
day for an acceptable
of assignment and
report received after the
every 30 days
due date. Reference
thereafter for the
Section 10.4.
remainder of the
assignment.
Vocational Evaluation --Provide vocational recommendation for assigned injured employee based on evaluation of his/her
background, medical, educational, and work history, behavioral observations, test results,
transferable skills analysis, potential for training and education, and potential occupational
employment and periodic reports. Reports are required within 45 days of acknowledgement of the
assignment as outlined in Section 5.9 of the RCP.
18
No.
5
Name
Vocational
Evaluation
Acknowledgement
of Assignment
Acceptance Criteria
Acknowledge receipt of
Division assignment
through the Contracted
Services Module of the
Reemployment Services
Web Portal.
Notify the Division of the
name of the provider that
has been assigned the
case through the
Contracted Services
Module of the
Reemployment Services
Web Portal.
See Sections 5.7, 5.8 and
5.9
Due Date
No later than 3
business days from
date of assignment.
Remedy
$5.00 reduction for each
business day past the
due date.
6
Vocational
Evaluation
Provider
Assignment
No later than 5
business days from
the Contractor’s
acknowledgement
of the assignment.
$5.00 reduction for each
business day past the
due date.
7a
Vocational
Evaluation Report
*45 days from
acknowledgement
of assignment.
$50.00 reduction for an
incomplete or
unacceptable report
submitted after the due
date. In addition,
$25.00 reduction per
day until an acceptable
report is received.
Reference Section 10.4
$25.00 reduction per
day for an acceptable
report received after the
due date. Reference
Section 10.4
Reference Section 10.5,
Settlement Procedure
7b
Vocational
Evaluation Report
See Sections 5.7, 5.8 and *45 days from
5.9
acknowledgement
of assignment.
7c
Vocational
Evaluation Report
See Sections 5.7, 5.8 &
5.9
*45 days from
acknowledgement
of assignment.
*If a report is due on a weekend or a State of Florida observed holiday (New Year’s Day, Martin
Luther King, Jr., Memorial Day, 4th of July, Labor Day, Thanksgiving, Friday after Thanksgiving,
Christmas Day) or when Florida government is closed statewide (under a Governor’s Executive
Order), the report is due on the next business day.
SECTION 7: INVOICING
All invoices must contain the Department assigned case ID number, the Contract number, invoice
number, invoice date and must specify Reemployment Services or Vocational Evaluation.
Reemployment Services invoices must include date(s) of service, detailed description of services
performed, time worked, contracted hourly rate and total cost per service.
Vocational Evaluation invoices must include date(s) of service, services performed and total cost.
Invoices must be submitted through the Contracted Services Module of the Reemployment Services
Web Portal on a schedule agreed upon between the Contractor and the Department (see Section 10,
Additional Contract Terms).
19
SECTION 8: EVALUATION OF PROPOSALS
8.1 Phase I Initial Screening: To be considered administratively responsive to this RCP and be
eligible for the Phase II Technical Evaluation, a Proposer must fully comply with Section 3. All
subsections of Section 3 marked required must be responded to with the exception of 3.4.6,
Innovative Ideas (Tab 6), which is marked optional.
To be considered responsive, the Phase II Technical Evaluation - Reemployment Services
(Attachment B) or Phase II Technical Evaluation - Vocational Evaluation (Attachment C), or both,
must be submitted. One Phase III Agreement to Cost Sheet (Attachment D) must be submitted per
response. Pursuant to Rule 69L-22.012(1), F.A.C., the hourly rate for Reemployment Services may
not exceed $85.00 per hour and the cost for Vocational Evaluations may not exceed $1,100.00 per
evaluation.
8.1.1 Phase II Technical Evaluation: Points will be awarded based on the response provided by
the Vendor in response to Section 3 of this RCP as it relates to the Scope of Services (Section 5). As
noted in this RCP, the Department may contract with a single entity or multiple entities qualified to
provide effective and efficient Reemployment Services and Vocational Evaluations to eligible injured
employees as described in Section 5.
The Phase II Technical Evaluation - Reemployment Services (Attachment B) and Phase II Technical
Evaluation - Vocational Evaluation form (Attachment C) require Proposers to check and initial the
appropriate service area(s) for the proposed services. The evaluation elements that will be scored for
each completed Phase II Technical Evaluation (Reemployment Services and/or Vocational
Evaluation) forms (Attachments B and C) are detailed in the Technical Evaluation Criteria
(Attachment I).
8.1.2 Phase III Cost: All Proposers must complete the Phase II Technical Evaluation Reemployment Services (Attachment B) or Phase II Technical Evaluation - Vocational Evaluation
(Attachment C) and the Phase III Agreement to Cost Sheet (Attachment D) to ensure that Responses
are considered for the proposed services. Pursuant to Rule 69L-22.012(1) F.A.C., the hourly rate for
Reemployment Services may not exceed $85.00 per hour and the cost of a Vocational Evaluation
may not exceed $1,100.00.
At the Department’s discretion, multiple firms may be selected to achieve statewide coverage. The
Department reserves the right to award a Contract or Contracts in the best interest of the State and
eligible injured employees that the Department serves.
8.2 Legal Requirements for Proposals and Contract: Applicable provisions of all federal, state,
and county laws, rules, or regulations shall govern the development, submission, and evaluation of all
Proposals received in response hereto and shall govern any and all claims and disputes which may
arise between person(s) submitting a Proposal and the Department, by and through its officers,
employees, and authorized representatives or any other person, natural or otherwise. Lack of
knowledge by any Vendor shall not constitute a recognizable defense against the legal effect thereof.
All corporations seeking to do business with the Department shall, at the time of submitting a
Proposal, be on file with the Department of State in accordance with the provisions of Chapter 607,
Florida Statutes. To be eligible for consideration, each corporation shall include their corporate
charter number. Similarly, partnerships seeking to submit a Proposal shall have complied with the
applicable provisions of Chapter 620, Florida Statutes.
20
8.3 Evaluation Team: The Team will have members who have experience and knowledge in the
area of Reemployment Services and Vocational Evaluations. The Team will be responsible for
evaluating the Proposals received including reference checks and other verifications.
SECTION 9: CONTRACT (ATTACHMENT E)
SECTION 10: ADDITIONAL CONTRACT TERMS
10.1 Entire Contract; Order of Precedence: The terms and conditions of the Department's
solicitation and Contractor’s Proposal are incorporated by reference as if fully rewritten herein. In the
event of a conflict between the provisions of the Department’s solicitation, including addenda, and
any other provisions that may become a part of the Contract, the terms and conditions of the Contract
and the Department’s solicitation shall take precedence and govern.
10.2 Contacts: The contact for the executed Contract is Margaret Howard, Division of Workers’
Compensation, 200 East Gaines Street, Tallahassee, FL 32399-4225. All written and verbal
approvals referenced in this Contract must be obtained from the Contract Manager or designee.
10.3 Limitation of Liability: Contractor shall not be liable for any punitive, indirect, incidental or
consequential damages other than actual costs paid to obtain similar services consistent with Chapter
287, Florida Statutes. The limitations of liability under this Contract shall not limit the Contractor’s
liability for claims for personal injury, or damage to real or personal tangible property caused by the
Contractor’s negligence or tortuous conduct or its employees or subcontractors. The State shall not
be responsible for or liable to the Contractor or its subcontractor(s) for any increased costs or
damages that may be incurred by the Contractor, as a result of any act or omission of any other
Contractor to the State. Notwithstanding the foregoing, nothing in this section will be construed to
limit Rule 60A-1.006(3), Florida Administrative Code.
10.4 Acceptance: All of the Contractor’s deliverables related to these commodities or services shall
be submitted to DFS’s Contract Manager, or designee, for review and approval. DFS reserves the
right to reject deliverables as incomplete, inadequate or unacceptable due in whole or in part to
Contractor’s lack of satisfactory performance under the terms of this Contract. DFS, at its option,
may allow additional time within which Contractor may remedy the objections noted by DFS and DFS
may, after having given Contractor a reasonable opportunity to complete, make adequate or
acceptable said deliverables, declare this Contract to be in default. Where this Contract requires the
delivery of reports to DFS, mere receipt by DFS shall not be construed to mean or imply acceptance
of those reports. It is specifically intended by the parties that acceptance of required reports shall
constitute a separate act. Once accepted, Contractor shall be entitled to rely on such approval for
subsequent stages of work performed hereunder.
10.5 Settlement Procedure: In the event the Vendor has worked on an assigned Vocational
Evaluation and, through no fault of their own, is prohibited from timely completing the Vocational
Evaluation, the Department may authorize partial payment based on acceptance of the work
performed as outlined in sections 5.7 and 5.8 of this RCP. Reimbursement will be authorized as
follows:
In-person (face to face) interview with the injured
employee
Completion of all testing, including results
Up to 20% of the contracted amount
Up to 20% of the contracted amount
21
Transferable skills analysis
Recommendations
Labor Market Survey
Up to 20% of the contracted amount
Up to 20% of the contracted amount
Up to 20% of the contracted amount
The Contractor shall submit all work performed and an explanation of the circumstances preventing
completion of the evaluation for the Department’s consideration.
10.6 Dispute Resolution: All work under this Contract (Attachment E) shall be performed by the
Contractor to the satisfaction of the Department in accordance with the specifications set forth. Any
dispute concerning performance of the Contract shall be decided by the Customer's designated
Contract Manager, or designee, who shall reduce the decision to writing and serve a copy to the
Contractor. If there is a dispute between the Department and the Contractor, the Director or
Authorized Official for the Department and for the Contractor shall meet to resolve the dispute.
Should the issue remain unresolved both parties may agree to enter into mediation with a third party
that is mutually acceptable to both the Department and the Contractor. In the event the mediation
does not result in a resolution, the provisions within the General Contract Conditions apply. Except
as otherwise provided by law, the parties agree to be responsible for their own attorney fees incurred
in connection with disputes arising under the terms of this Contract.
10.7 Independent Contractor: Contractor is an independent Contractor, and is not an employee or
agent of the Department. All services contracted for are to be performed solely by the Contractor and
may not be subcontracted for or assigned without the prior written consent of the Department.
10.8 Modification of Terms: Any terms and conditions that the Contractor provides with or before
or after delivery that attempt to modify the Contract or add additional restrictions of usage, license
conditions, or requirements have no effect and are not enforceable under the Contract. Any
proposed software license agreement, service level agreement, or any other draft agreement
submitted in the Proposal shall not contain any provisions which:
A.
B.
C.
D.
are inconsistent with Florida law,
exclude, prohibit, or negate other Contract documents,
subject the State of Florida to the jurisdiction of another state, or
provide that the State will indemnify the Contractor or any other person, unless such provisions
are expressly negated in the Proposal.
10.9 Taxes: The Department is exempted from payment of Florida state sales and use taxes and
Federal Excise Taxes. The Department will provide its tax exemption certification upon request. The
Contractor shall provide the Department his taxpayer identification number upon execution of the
Contract.
10.10 Vendor Notice: Section 215.422, Florida Statutes, provides that agencies have five (5)
working days to inspect and approve goods and services, unless the specifications or the purchase
order specifies otherwise. If payment is not available within 40 days, measured from the latter of the
date the invoice is received or the goods or services are received, inspected and approved, a
separate interest penalty set by the Chief Financial Officer pursuant to Section 55.03, Florida
Statutes, will be due and payable in addition to the invoice amount. To obtain the applicable interest
rate, please refer to http://www.myfloridacfo.com/Division/AA/Vendors/default.htm. Invoices returned
to a Vendor due to preparation errors will result in a payment delay. Invoice payment requirements
do not start until a properly completed invoice is provided to the State agency. A Vendor
22
Ombudsman, whose duties include acting as an advocate for Vendors who may be experiencing
problems in obtaining timely payments(s) from a state agency, may be contacted at (850) 413-5516.
10.11 Duty of Continuing Disclosure of Legal Proceedings: Commencing after the effective date
of the Contract, the Contractor must disclose any pending or prior civil or criminal litigation,
investigations, arbitration or proceedings involving the Contractor (and each subcontractor) or any of
its officers or directors ("Proceeding") in a written statement to the Contract Manager within fifteen
(15) calendar days of its occurrence. Details of settlements that are prevented from disclosure by the
terms of the settlement may be annotated as such.
In the event the State is concerned that:
A. The Contractor's (or subcontractor's) ability to perform the Contract in accordance with its
terms and conditions; or
B. Whether the Contractor (or subcontractor) in performing services for the State is engaged in
conduct which is similar in nature to conduct alleged in such proceeding, which conduct would
constitute a breach of the Contract or a violation of Florida law, regulations or public policy;
The Contractor shall be required to provide the State all reasonable assurances requested by the
State to demonstrate that:
A. The Contractor and/or its subcontractor(s) will be able to perform the Contract in accordance
with its terms and conditions, and
B. The Contractor and/or its subcontractor(s) has not and will not engage in conduct in performing
services for the State which is similar in nature to the conduct alleged in such Proceeding.
10.12 Reservations: Responses to this solicitation will be the primary source of information used in
the evaluation process. Therefore, each Proposer is requested and advised to be as complete as
possible in his/her reply. However, additional information may be requested by the State, to include
requests for oral presentation, interviews or software demonstrations, from Proposers who have
proposed solutions that appear to meet the needs of the State of Florida. The State may conduct site
visits to locations where proposed solutions are in operation or in the process of being implemented.
23
ATTACHMENT A – CERTIFICATE
CERTIFICATE
I certify that this response is made without prior understanding, agreement, or connection with any
corporation, firm, or person submitting a response for the same materials, supplies or equipment, or
services and is in all respects fair and without collusion or fraud. I agree to abide by all conditions of
this response and certify that I am authorized to sign this response for the Vendor and that the
Vendor is in compliance with all requirements of the response, including but not limited to, certification
requirements.
Contact Name:
Vendor Name:
Vendor FEID #:
Vendor Address:
Vendor Phone
Number (include
area code):
Vendor E-Mail
Address:
Authorized
Representative:
Authorized
Signature:
Date:
24
ATTACHMENT B – PHASE II TECHNICAL EVALUATION – REEMPLOYMENT SERVICES
PHASE II TECHNICAL EVALUATION
REEMPLOYMENT SERVICES
This form must be submitted if you are proposing Reemployment Services.
Check all boxes that apply and initial for the appropriate service area(s).
Check Service
No. of
box
Area
Counties
Counties
Vendor
Initials
1
7
Escambia, Santa Rosa, Okaloosa, Walton, Holmes,
Washington, Bay
________
2
11
Jackson, Calhoun, Gulf, Liberty, Franklin, Gadsden,
Leon, Wakulla, Jefferson, Madison, Taylor
________
3
18
Hamilton, Suwannee, Lafayette, Dixie, Columbia,
Gilchrist, Levy, Baker, Union, Bradford, Alachua,
Marion, Nassau, Duval, Clay, St. Johns, Putnam,
Flagler
4
7
Volusia, Seminole, Lake, Orange, Osceola, Brevard,
Indian River
________
5
7
Citrus, Sumter, Hernando, Pasco, Pinellas,
Hillsborough, Polk
________
6
10
Manatee, Sarasota, Hardee, Desoto, Charlotte,
Highlands, Glades, Okeechobee, St. Lucie, Martin
________
7
5
Lee, Hendry, Collier, Palm Beach, Broward
________
8
2
Monroe, Miami-Dade
________
________
25
ATTACHMENT C – PHASE II TECHNICAL EVALUATION – VOCATIONAL EVALUATION
PHASE II TECHNICAL EVALUATION
VOCATIONAL EVALUATION SERVICES
This form must be submitted if you are proposing Vocational Evaluation Services.
Check all boxes that apply and initial for the appropriate service area(s).
Check Service
No. of
box
Area
Counties
Counties
Vendor
Initials
1
7
Escambia, Santa Rosa, Okaloosa, Walton, Holmes,
Washington, Bay
________
2
11
Jackson, Calhoun, Gulf, Liberty, Franklin, Gadsden,
Leon, Wakulla, Jefferson, Madison, Taylor
________
3
18
Hamilton, Suwannee, Lafayette, Dixie, Columbia,
Gilchrist, Levy, Baker, Union, Bradford, Alachua,
Marion, Nassau, Duval, Clay, St. Johns, Putnam,
Flagler
4
7
Volusia, Seminole, Lake, Orange, Osceola, Brevard,
Indian River
________
5
7
Citrus, Sumter, Hernando, Pasco, Pinellas,
Hillsborough, Polk
________
6
10
Manatee, Sarasota, Hardee, Desoto, Charlotte,
Highlands, Glades, Okeechobee, St. Lucie, Martin
________
7
5
Lee, Hendry, Collier, Palm Beach, Broward
________
8
2
Monroe, Miami-Dade
________
________
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ATTACHMENT D – PHASE III AGREEMENT TO COST SHEET
PHASE III
AGREEMENT TO COST SHEET
THIS SECTION MUST BE COMPLETED WHEN PROPOSING REEMPLOYMENT SERVICES.
Maximum
RCP
Points
Section
50
8
Maximum
Allowable
Initial
Year
Proposed Costs
Renewal Renewal Renewal
Year 1
Year 2
Year 3
$85.00 /
hour
______________________________________________
Signature
_____________________________________________
Name (Please print)
_____________________________________________
Title
THIS SECTION MUST BE COMPLETED WHEN PROPOSING VOCATIONAL EVALUATION
SERVICES.
Maximum
RCP
Points
Section
50
8
Maximum
Allowable
Initial
Year
Proposed Costs
Renewal Renewal Renewal
Year 1
Year 2
Year 3
$1,100.00
per
Vocational
Evaluation
______________________________________________
Signature
_____________________________________________
Name (Please print)
_____________________________________________
Title
27
ATTACHMENT E – CONTRACT
All prospective Proposers should review the proposed standard Contract language contained
below. In responding to this RCP, a prospective Proposer has agreed to accept the terms and
conditions of the Contract specifications contained in this attachment. The Department
reserves the right to make non-substantive modifications to the Contract specifications if it is
deemed to be in the best interest of the Department or the State of Florida.
Contract No.________
STATE OF FLORIDA
DEPARTMENT OF FINANCIAL SERVICES
Reemployment Services and Vocational Evaluations
THIS CONTRACT (“Contract”) is entered into between the State of Florida, Department of Financial
Services, 200 East Gaines Street, Tallahassee, Florida 32399 (“Department”) or its successor, and
__________(Contractor Name)___________ (“Contractor”), collectively referred to as “Parties”,
effective as of the last date signed below.
WHEREAS, the Department has determined that it is in need of Reemployment Services and
Vocational Evaluations; and
WHEREAS, the Department is responsible for providing effective and efficient Reemployment
Services and Vocational Evaluations to eligible injured employees in accordance with Section
440.491, Florida Statutes, and Rule Chapter 69L-55, Florida Administrative Code; and
WHEREAS, training and education services provided to injured employees pursuant to Section
440.491, Florida Statutes are specifically exempted from competitive solicitation pursuant to Section
287.057(3)(e)10, Florida Statutes; and
WHEREAS, the Contractor, as an independent Contractor of the Department, has the
expertise and ability to faithfully perform such services.
NOW THEREFORE, in consideration of the services to be performed and payments to be
made, together with the mutual covenants and conditions hereinafter set forth, the Parties agree as
follows:
1. Services and Deliverables and Delivery Schedule
The Contractor agrees to render the services as set forth in Section 5, Scope of Services, in
accordance with the Department’s Request for Contract Proposal (RCP), RCP # DFS WC RCP
13/14-14 and its attachments, and with the Contractor’s accepted Proposal to said RCP, including
modifications agreed to by the Parties through subsequent negotiation. The Contractor’s
performance shall be subject to all the terms, conditions and understandings set forth herein,
including State of Florida Form PUR 1000, General Conditions incorporated herein by reference
and available at
http://www.dms.myflorida.com/business_operations/state_purchasing/vendor_information/state_c
ontracts_agreements_and_price_lists/state_term_contracts/archive/carpet_flooring_materials_exp
ired2/forms_and_other_information/complete_contract_general_instructions_to_Proposers_pur_1
000. The services, reports or other units of deliverables specified herein shall be delivered or
otherwise rendered by the Contractor on behalf of the Department in accordance with the
schedule provided in Section 6, Deliverables attached herein.
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2. Term of Contract.
The anticipated initial term of the Contract is one (1) year, beginning from the date the Contract is
signed by both Parties. The Contract may be renewed for a period of up to three (3) one year
renewals at the sole discretion of the Department. The renewal price is set forth in Phase III
Agreement to Cost Sheet (Attachment D), not to exceed the costs as established in Rule 69L22.012(1), F.A.C. Renewal shall be contingent upon availability of funds and satisfactory
performance by the Contractor. Any renewal is subject to the same terms and conditions as the
original Contract.
3. Payment.
A. Subject to the terms and conditions established by this Contract and the billing procedures
established by the Department, the Department agrees to pay the Contractor in arrears for
services rendered in accordance with the Phase III Agreement to Cost Sheet (Attachment D)
attached herein.
B. Vendor Rights. Contractors providing goods and services to a State agency should be aware
of the following time frames: Upon receipt, an agency has five (5) Business Days to inspect
and approve the goods and services, unless the Proposal specifications, purchase orders or
Contract specifies otherwise. An agency has twenty (20) Calendar Days to deliver a request
for payment (voucher) to the Department of Financial Services. The twenty (20) Calendar
Days are measured from the date the invoice is received after the goods or services are
received, inspected and approved. The Department is to approve the invoice in the state
financial system within twenty (20) Calendar Days.
If a payment is not available within forty (40) Calendar Days, a separate interest penalty,
computed at the rate determined by the state of Florida Chief Financial Officer pursuant to
Section 215.422, Florida Statutes, will be due and payable, in addition to the invoice amount,
to the Contractor. The applicable quarterly interest rate may be found at
http://www.myfloridacfo.com/aadir/interest.htm. Invoices returned to a Contractor due to
preparation errors will result in a payment delay. Invoice payment requirements do not start
until a properly completed invoice is provided to the State agency with the Contractor’s proper
tax payer identification information documentation to be submitted before the prompt payment
standards are to be applied. Interest penalties of less than one (1) dollar will not be enforced
unless the Contractor requests payment.
A Vendor Ombudsman has been established with the Department of Financial Services. The
duties of this individual include acting as an advocate for Contractors who may be
experiencing problems in obtaining timely payment(s) from a State agency. The Vendor
Ombudsman may be reached at (850) 413-5516.
C. Taxes. The Department is exempted from payment of Florida state sales and use taxes and
Federal Excise Tax. The Contractor, however, shall not be exempted from paying Florida
state sales and use taxes to the appropriate governmental agencies or for payment by the
Contractor to suppliers for taxes on materials used to fulfill its contractual obligations with the
Department. The Contractor shall not use the Department's exemption number in securing
such materials. The Contractor shall be responsible and liable for the payment of all its
FICA/Social Security and other taxes resulting from this Contract. The Contractor shall provide
the Department its taxpayer identification number upon request.
29
D. Expenses. The Contract is fixed price, fixed rate, with invoicing after approval of deliverables.
Any expense incurred by the Contractor in providing the services specified in the Contract will
not be reimbursed to the Contractor by the Department.
E. Payment Processing. All charges for services rendered or for reimbursement of expenses
authorized by the Department in accordance with Paragraph 2 shall be submitted to the
Department in sufficient detail and documentation for a proper pre-audit and post-audit to be
performed. All payments for professional services and authorized expenses will be paid to the
Contractor only upon the timely and satisfactory completion of all services and other units of
deliverable such as reports, findings and drafts as required by Paragraph 2 above and upon
the written acceptance of said services and units of deliverables such as reports, findings and
drafts by the Department's designated Contract Manager. Interim payments may be made by
the Department at its discretion under extenuating circumstances if the completion of services
and other units of deliverables to date have first been accepted in writing by the Department's
Contract Manager.
F. Contingency. If the terms of this Contract extend beyond the current fiscal year, the State of
Florida's performance and obligation to pay under this Contract is contingent upon an annual
appropriation by the Legislature.
G. Departmental Payments Sole Compensation for Contractor. The Contractor’s sole
compensation for services provided under this Contract shall be the fees set forth in the Phase
III Agreement to Cost Sheet (Attachment D). Any other compensation received by the
Contractor from any other source in conjunction with the services provided under this Contract
shall be fully disclosed in writing to the Department by the Contractor and the funds from such
compensation shall be remitted to the Department within thirty (30) days of receipt of such
compensation by the Contractor. The purpose of this section is to ensure that any undisclosed
side agreements, revenue sharing agreements, contingent commissions or incentives will not
be passed on to the Department in the form of hidden and potentially increased costs.
4. Acceptance.
All of the Contractor’s deliverables shall be submitted to the Department’s Contract Manager for
review and approval. The Department’s approval and inspection of the Contractor’s service
deliverables shall require no longer than five (5) Business Days from date of delivery of services,
and fifteen (15) Business Days from date of delivery of documentary deliverables such as
assignment summary reports. The Department reserves the right to reject deliverables as
outlined in this Contract as incomplete, inadequate or unacceptable due in whole or in part to the
Contractor’s lack of satisfactory performance under the terms of this Contract. The Department,
at its option, may allow additional time within which the Contractor may remedy the objections
noted by the Department and the Department may, after having given the Contractor a reasonable
opportunity to complete, make adequate or acceptable said deliverables, including but not limited
to reports, declare this Contract to be in default. All status and summary reports must be
submitted timely showing tasks or activities worked on, attesting to the level of services provided,
hours spent on each task/activity, and upcoming major tasks or activities. Failure to use the
appropriate technical requirements as identified in this Contract will result in automatic task
rejection and may not be invoiced or paid until correction of the task. Failure to complete the
required duties as outlined in this Contract may result in the rejection of the invoice.
Notwithstanding any provisions to the contrary, written acceptance of a particular deliverable does
30
not foreclose the Department’s remedies in the event those performance standards that cannot be
readily measured at the time of delivery are not met.
5. Information and Data Security and Confidentiality.
A. The Contractor, its employees, subcontractors and agents shall comply with all security
procedures of the Department in performance of this Contract. The Contractor shall provide
immediate notice to the Department Information Security Office (ISO) in the event it becomes
aware of any security breach and any unauthorized transmission of state data or of any
allegation or suspected violation of security procedures of the Department. Except as required
by law or legal process and after notice to the Department, the Contractor shall not divulge to
third parties any confidential information obtained by the Contractor or its its agents,
distributors, resellers, subcontractors, officers or employees in the course of performing
Contract work, including, but not limited to, Rule Chapter 71A-1, Florida Administrative Code,
security procedures, business operations information, or commercial proprietary information in
the possession of the state or the Department. The Contractor shall not be required to keep
confidential information that is publicly available through no fault of the Contractor, material
that the Contractor developed independently without relying on the state’s confidential
information or information that is otherwise obtainable under state law as a public record.
B. Loss of Data. In the event of loss of any State data or record where such loss is due to the
negligence of the Contractor or any of its subcontractors or agents, the Contractor shall be
responsible for recreating such lost data in the manner and on the schedule set by the
Department at the Contractor’s sole expense, in addition to any other damages the
Department may be entitled to by law or the Contract. In the event lost or damaged data is
suspected, the Contractor will perform due diligence and report findings to the Department and
perform efforts to recover the data. If data is unrecoverable, Contractor will pay all the related
costs associated with the remediation and correction of the problems engendered by any given
specific loss. Further, failure to maintain security that results in certain data release will subject
the Contractor to the administrative sanctions for failure to comply with Section 817.5681,
Florida Statutes, together with any costs to the Department of such a breach of security
caused by the Contractor.
C. Data Protection. No Department data (State Data) or information will be transmitted to, stored
in, processed in, or shipped to off-shore locations or out of the United States of America
regardless of method, except as required by law. Examples of these methods include (but are
not limited to): FTP transfer, DVD, tape, or drive shipping; regardless of level of encryption
employed. Access to State Data shall only be available to approved and authorized staff,
including remote/offshore personnel, that have a legitimate business need. Requests for
remote access shall be submitted to the Department’s Help Desk. With approval, third parties
may be granted time-limited terminal service access to IT resources as necessary for
fulfillment of related responsibilities. Third parties shall not be granted remote access via VPN,
private line, or firewall holes. Requests for exceptions to this provision may be submitted to
the Department for approval. All remote connections are subject to detailed monitoring via
two-way log reviews and the use of other tools, as deemed appropriate. When remote access
needs change, the ISO shall be promptly notified and access shall be removed promptly. The
Contractor shall encrypt all data transmissions containing confidential or confidential and
exempt information. Remote data access must be provided via a trusted method such as SSL,
TLS, SSH, VPN, IPSec or a comparable protocol approved by the Department. Confidential
31
information must be encrypted using an approved encryption technology when transmitted
outside of the network or over a medium not entirely owned for managed by the Department.
The Contractor agrees to protect, indemnify, defend and hold harmless the Department from
and against any and all costs, claims, demands, damages, losses and liabilities arising from or
in any way related to the Contractor’s breach of data security or the negligent acts or
omissions of the Contractor related to this subsection.
D. Public Records.
1. The parties shall not be required to disclose to the public any materials protected by law,
and disclosure of any confidential information received by the State of Florida will be
governed by the provisions of Article I, Section 24 of the Florida Constitution, and the
Florida Public Records Act, Chapter 119, Florida Statutes, and exceptions thereto. The
provision of redacted Contract information on a website for public viewing does not
substitute for the duty of the Department nor a state Contractor to respond to a public
records request. The response to the requestor may include referral to the website for
viewing the identical (redacted) version. Should the Contractor provide information deemed
confidential or exempt from the Florida Public Records Act, then the Contractor shall place
such information in an encrypted electronic form or a sealed separate envelope and
provide the Department with an additional copy of its documentation containing such
information that has been redacted to conceal only that information that the Contractor
claims to be confidential. The Contractor is responsible for becoming familiar with the
Florida Public Records Act with regard to records associated with the Contract. If a public
records request is made to the Contractor, the Contractor will: immediately notify the
Department of such request; process the request as approved by the Department’s Public
Records section; and provide the Department progress status reports; and provide a copy
of its intended redacted version in case there is a public records request. For
noncompliance by the Contractor with Section 119.0701, Florida Statutes, or the above
requirements regarding response to public records requests (collectively Public Records
Tasks), the Department at its option may enforce these provisions by exercising “Step-In”
rights as described in the Contract section regarding remedies or according to the
termination provisions of the Contract or both. If a public records request is made to the
Department for documentation related to this solicitation and the resulting Contract, the
Department will notify the Contractor of such request if the Contractor has provided the
Department with a notice of trade secret or other confidentiality as noted above. If a public
records request is made to either party, the Contractor shall be solely responsible for taking
whatever action it deems appropriate to legally protect its claim of exemption from the
public records law. The Contractor acknowledges that the protection afforded by Section
815.045, Florida Statutes, is incomplete, and it is hereby agreed that no right or remedy for
damages against the Department arises from any disclosure based on the Contractor’s
failure to promptly legally protect its claim of exemption and commence such protective
actions within ten (10) days of receipt of such notice from the Department. In the event the
Contractor chooses to defend against release of such documents, data or information, and
does not succeed in such defense, the Contractor agrees to indemnify the Department
against any costs resulting from such order for release of such documents, data or
information, except that each party shall be responsible for its own attorney fees. The
Contractor shall retain such records for the longer of three years after the expiration of the
Contract or the period required by the General Records Schedules maintained by the
Florida Department of State (available at:
http://dlis.dos.state.fl.us/recordsmgmt/gen_records_schedules.cfm) .
32
2. The Contractor shall, to the extent required by Section 119.0701, Florida Statutes, (a)
maintain public records required by the Department to perform the service; (b) provide
access on the same conditions and at a cost not exceeding that provided in Chapter
119.07, Florida Statutes, (c) ensure exempt or confidential documents are not disclosed
and (d) transfer public records at no cost to the Department on termination, destroy
confidential duplicates, including remnant data, and provide electronic records in a format
compatible with the Department’s systems at no cost to the Department. For
noncompliance by the Contractor, the Department shall enforce these provisions according
to the step-in provisions or termination provisions in the Contract or both.
3. The following records are specifically excluded from inspection, copying, and audit rights
under the Contract:
a. Records of the Contractor (and subcontractors) that are unrelated to the Contract;
b. Documents created by and for the Department or other communications related thereto
that are confidential attorney work product or subject to attorney-client privilege, unless
those documents would be required to be produced for inspection and copying by the
Department under the requirements of Chapter 119, Florida Statutes, and, Article I
Section 24 of the Florida Constitution; and
c. The Contractor's (and subcontractors) internal cost and resource utilization data, or data
related to employees, or records related to other customers of the Contractor, or any
subcontractor who is not performing services under this Contract.
6. Insurance.
During the Contract term, including all renewal periods or extensions, the Contractor at its sole
expense shall provide commercial insurance of such a type and with such terms and limits as may
be reasonably associated with the Contract. At a minimum, this includes the following types of
insurance for anyone directly or indirectly employed by the Contractor and the amount of such
Insurance shall be the minimum limits as follows, unless otherwise approved by the Department’s
designated Contract Manager:
A. Commercial general liability coverage, bodily injury, property damage: $1,000,000 per
occurrence/$2,000,000 aggregate.
B. Automobile liability coverage, bodily injury, property damage: $1,000,000 Combined Single
Limits. Insuring clause for both bodily injury and property damage shall be amended to
provide coverage on an occurrence basis.
C. Workers’ compensation and employer’s liability insurance covering all employees engaged in
any Contract work, in accordance with Chapter 440,Florida Statutes.
Such coverage may be reduced with the consent of the Department’s designated Contract
Manager since certain subcontractors have potentially less exposure in liability than other
subcontractors. All insurance policies shall be obtained through insurers authorized or eligible to
write policies in the state of Florida. Except as agreed in a separate writing, no self-insurance
coverage shall be acceptable unless the Contractor is licensed or authorized to self-insure for a
particular coverage listed above in the state of Florida, or is an insured member of a selfinsurance group that is licensed to self-insure in the state of Florida.
33
7. Termination.
A. The Department may, in its sole discretion, terminate the Contract at any time by providing
ninety (90) Calendar Days advance written notice to the Contractor. Said notice shall be
delivered by certified mail, return receipt requested, or in person with proof of delivery. The
Contractor shall have the right to terminate the Contract at any time by providing the
Department’s Contract Manager or his/her designee ninety (90) Calendar Days advance
written notice.
B. All services performed by the Contractor prior to the termination date of this Contract shall be
professionally serviced to conclusion in accordance with the requirements of the Contract.
Should the Contractor fail to perform all services under the Contract, the Contractor shall be
liable to the Department for any fees or expenses that the Department may incur in securing a
substitute provider to assume completion of those services.
C. As provided in Section 287.058, Florida Statutes, the Department may terminate the Contract
immediately in the event that the Department requests in writing that the Contractor allow
public access to all documents, papers, letters, or other material subject to the provisions of
Chapter 119, Florida Statutes, which are made or received by the Contractor in conjunction
with the Contract, and the Contractor refuses to allow such access. However, nothing herein is
intended to expand the scope or applicability of Chapter 119, Florida Statutes, to the
Contractor. The Contractor shall not be required to disclose to the public any proprietary
copyrighted trade secrets or other materials protected by law as pursuant to Section 119.07,
Florida Statutes.
D. The Contractor hereby certifies that it is not on the Scrutinized Companies with Activities in
Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector
List. (See http://www.state.gov/s/ct). As provided in Section 287.135, Florida Statutes, the
Department may terminate the Contract in the event the Contractor is found to have submitted
a false certification as provided under Section 287.135 (5), Florida Statutes, or been placed on
the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with
Activities in the Iran Petroleum Energy Sector List. Notice: Section 287.135, Florida Statutes,
would operate to make businesses ineligible to contract with the State of Florida in specified
circumstances. Currently, the 2012 changes to this section have been enjoined by a court of
law. If ultimately upheld by the court, the Contractor may be required to amend the Contract to
certify compliance with the law, i.e., that the business is not and will not engage in business
operations in Cuba or Syria, or otherwise in compliance with Section 287.135 (5), Florida
Statutes.
E. If at any time the Contract is canceled, terminated, or expires, and a Contract is subsequently
executed with a firm other than the Contractor, the Contractor has the affirmative obligation to
assist in the smooth transition of Contract services to the subsequent Contractor. Upon the
earlier of six (6) months before the expiration of the Contract or upon any notice of termination
of the Contract, the Contractor shall provide transition services (Exit Transition Services) to the
Department without regard to the reason for termination, as stated herein. Exit Transition
Services shall be provided for up to six (6) months during the term and after termination they
will be limited to post-Contract activities involving knowledge transfer for such services and
deliverables and all reasonable termination assistance requested by the Department to
facilitate the orderly transfer of such services to the Department or its designees. Six months
prior to termination, the Contractor shall provide the Department an explanation of the
34
functional equivalent of the technical requirements of any services or proprietary products used
to carry out the Contract and all documentation supporting a description of the technical and
service requirements. Such termination assistance shall be at no additional charge to the
Department if the termination is due to Contractor default or termination, otherwise the
Department will pay the Contractor for Department-requested services in accordance with the
current fees specified in the Contract.
F. If the Contractor defaults in the performance of any covenant or obligation contained in the
Contract, including without limitation the minimum requirements contained in the Contract or in
the event of any material breach of any provision of the Contract by the Contractor, the
Department may, in its sole discretion, provide notice and an opportunity to cure the default
rather than exercise the remedy of termination. If the default or breach is not cured within thirty
(30) Calendar Days after written notice is given to the Contractor specifying the nature of the
alleged default or breach, then the Department, upon giving written notice to the Contractor,
shall have the right to terminate the Contract effective as of the date of receipt of the default
notice.
G. Exit Transition Services. Upon the earlier of six (6) months before the expiration of the
Contract or upon any notice of termination of the Contract, the Contractor shall provide
transition services (Exit Transition Services) to the Department without regard to the reason for
termination. Exit Transition Services shall be provided according to subsection E above unless
otherwise waived by the Department. Exit Transition Services shall include: (i) continued
provision of the Services and Deliverables on the same terms, conditions and pricing in effect
at the end of the Contract term, until the State or a succeeding Vendor is prepared to provide
all essential Services; (ii) the Contractor’s cooperation with the Department, its consultant(s)
and the succeeding Vendor(s) designated by the Department; (iii) a non-proprietary
explanation of the functional equivalent of the technical requirements of any services or
proprietary products used to carry out the Contract and all documentation supporting such
functionality; iv) usage patterns, growth rates and other information of interest to a Vendor
attempting to appropriately size and plan for a similar service; (v) if needed, assistance with an
explanation of the current operations to new Vendor staff; (vi) submission of a schedule for the
Exit Transition Services; (vii) return of State-owned materials being utilized by the Contractor
and all state data in a standard format designated by the Department; and (viii) in postmigration status, answering reasonable questions on an as-needed basis.
8. Events of Default.
Provided such failure is not the fault of the Department or outside the reasonable control of the
Contractor, the following events, acts, or omissions, shall include but are not limited to, events of
default:
A. Failure to pay any and all entities, individuals, and the like furnishing labor or materials, or
failure to make payment to any other entities as required herein in connection with the
Contract;
B. Failure to complete and maintain, within the timeframes specified between the Department and
the Contractor, the applicable ongoing performance, maintenance, and provision of services
specified in the Contract;
C. The commitment of any material breach of this Contract by the Contractor, failure to timely
deliver a material deliverable, discontinuance of the performance of the work, failure to resume
35
work that has been discontinued within a reasonable time after notice to do so, or
abandonment of the Contract;
D. Employment of an unauthorized alien in the performance of the work specified in the Contract;
E. One or more of the following circumstances, uncorrected for more than thirty (30) calendar
days unless within the specified thirty (30) day period, the Contractor (including its receiver or
trustee in bankruptcy) provides to the Department adequate assurances, reasonably
acceptable to the Department, of its continuing ability and willingness to fulfill its obligations
under the Contract:
1. Entry of an order for relief under Title 11 of the United States Code;
2. The making by the Contractor of a general assignment for the benefit of creditors;
3. The appointment of a general receiver or trustee in bankruptcy of the Contractor’s business
or property;
4. An action by the Contractor under any state insolvency or similar law for the purpose of its
bankruptcy, reorganization, or liquidation;
5. Entry of an order revoking the certificate of authority granted to the Contractor by the State
or other licensing authority.
F. The Contractor makes or has made an intentional material misrepresentation or omission in
any materials provided to the Department or fails to maintain the required insurance.
9. Liability and Indemnification.
A. In addition to the provisions in PUR 1000 regarding liability, the following provisions apply: No
provision in this Contract shall require the Department to hold harmless or indemnify the
Contractor, insure or assume liability for the Contractor’s negligence, waive the Department’s
sovereign immunity under the laws of Florida, or otherwise impose liability on the Department
for which it would not otherwise be responsible. Except as otherwise provided by law, the
Parties agree to be responsible for their own attorney fees incurred in connection with disputes
arising under the terms of this Contract.
B. The Department’s maximum liability for any damages, regardless of form of action, shall in no
event exceed the fees paid to Contractor for the relevant products and services giving rise to
the liability, from the installation of products or the date of performance of the applicable
services.
10. Remedies for Non-Performance.
To the extent that financial consequences are not further specified in the Contract, the following
apply:
A. The Contractor acknowledges that its failure to meet an agreed upon deadline for delivery of
services will damage the Department but that by their nature such damages are impossible to
ascertain presently and will be difficult to ascertain in the future. Accordingly, the Parties agree
upon a reasonable amount of liquidated damages which are not intended to be a penalty and
are solely intended to compensate for unknown and unascertainable damages. Accordingly
liquidated damages shall be assessed on the Contractor the amounts as stated for each
applicable deliverable in the statement of work for each day the Contractor fails to complete
agreed upon work after expiration of the time allowed by the Contract, subject to the force
36
majeure provisions of the Contract. Allowing completion after the time allowed shall not act as
a waiver of liquidated damages.
Nothing in this section shall be construed to make the Contractor liable for delays that are
beyond its reasonable control. Nothing in this section shall limit the Department’s right to
pursue its remedies for other types of damages.
B. Step-in Rights
1. For noncompliance by the Contractor with tasks related to public records, the Department
at its option may enforce these provisions by exercising “Step-In” rights as described
below.
2. If the Department exercises its Step-In rights, the Contractor must cooperate fully with the
Department (including its personnel and any third parties acting on behalf of the
Department) and shall provide, at no additional charge to the Department, all assistance
reasonably required by the Department as soon as possible, including:
a. providing access to all relevant equipment, premises and software under the
Contractor’s control as required by the Department (or its nominee); and
b. ensuring that the Contractor personnel normally engaged in the provision of the public
records tasks are available to the Department to provide assistance which the
Department may reasonably request.
3. The Department’s Step-In rights will end, and the Department will hand back the
responsibility to the Contractor, when the Contractor demonstrates to the Department’s
reasonable satisfaction that the Contractor is capable of resuming provision of the affected
Public Records tasks in accordance with the requirements of the RCP Section 3.1.2 Public
Records and Confidential Trade Secret Information and that the circumstances giving rise
to the Step-In right cease to exist and will not recur.
4. The Contractor must reimburse the Department for all reasonable costs incurred by the
Department (including reasonable payments made to third parties) in connection with the
Department’s exercise of Step-In rights and provision of the affected public records tasks
(“Step-In Costs”).
5. The Department will continue to pay the Contractor the charges (including that portion
which relates to the affected public records tasks) due for the products or services,
provided that the Contractor reimburses the Department for the Step-In Costs. If the
Contractor fails to reimburse the Department within 30 days of receipt of the Department’s
demand for payment of Step-In Costs, the Department is entitled to set off such Step-In
Costs against a subsequent invoice.
11. State property.
Title to all property furnished by the Department under this Contract shall remain in the
Department, and the Contractor shall surrender to the Department all property of the Department
prior to settlement upon completion, termination, or cancellation of the Contract. All deliverables
and reports generated by the Contractor and delivered to the Department, and all of the data
collected or created for or provided by the Department (State data) under this Contract shall
become and remain the Department's property upon receipt and acceptance. All work materials
developed by the Contractor under this Contract and any prior agreement between the Parties
shall be deemed to be work made for hire and owned exclusively by the state of Florida,
Department of Financial Services.
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12. Contract Modification.
The Contract specifications may be amended only by a written agreement between the Parties
subject to the provisions of Chapter 287, Florida Statutes.
13. Nonexclusive Contract.
Execution of the Contract shall not provide the Contractor with an exclusive license to provide the
services described in the solicitation or the resulting Contract. The Department may, without
limitation and without recourse by the Contractor, contract with other Vendors to provide the same
or similar services.
14. Statutory Notices.
The Department shall consider the employment by any Contractor of unauthorized aliens a
violation of Section 274A(e) of the Immigration and Nationality Act. Such violation shall be cause
for unilateral cancellation of this Contract. An entity or affiliate who has been placed on the public
entity crimes list or the discriminatory Vendor list may not submit a Proposal to provide any goods
or services to a public entity, may not be awarded or perform work as a Contractor, supplier,
subcontractor, or consultant under a Contract with any public entity, and may not transact
business with any public entity pursuant to limitations under Chapter 287, Florida Statutes.
15. Compliance with Federal, State and Local Laws.
The Contractor and all its agents shall comply with all federal, state and local regulations,
including, but not limited to, nondiscrimination, wages, social security, worker’s compensation,
licenses and registration requirements.
16. Background and employment eligibility verification.
The Contractor is responsible for payment of costs, if any, and retaining records relating to,
employment eligibility verification, which records are exempt from Chapter 119, Florida Statutes,
which verification requires the following:
A. The Chief Financial Officer has directed, in cooperation with the Governor’s Executive Order
11-116, that the Contractor must participate in the federal E-Verify Program for Employment
Verification under the terms provided in the “Memorandum of Understanding” with the Federal
Department of Homeland Security governing the program if any new employees are hired to
work on this Contract during the term of the Contract. The Contractor agrees to provide to the
Department, within thirty (30) calendar days of hiring new employees to work on this Contract,
documentation of such enrollment in the form of a copy of the E-Verify “Edit Company Profile”
screen, which contains proof of enrollment in the E-Verify Program. Information on “E-V erify”
is available at the following website: www.dhs.gov/e-verify
B. The Contractor further agrees that it will require each subcontractor that performs work under
this Contract to enroll and participate in the E-Verify Program. If the subcontractor hires new
employees during the term of this Contract, the subcontractor must process those new
employees through the E-Verify Program. The Contractor shall include this provision in any
subcontract and obtain from the subcontractor(s) a copy of the “Edit Company Profile” screen
indicating enrollment in the E-Verify Program and make such record(s) available to the
Department upon request.
C. Compliance with the terms of this Employment Eligibility Verification provision will be an
express condition of this Contract and the Department may treat a failure to comply as a
material breach of this Contract.
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17. Miscellaneous.
A. This Contract and its references and attachments embody the entire agreement of the Parties.
There are no other provisions, terms, conditions, or obligations. This Contract supersedes all
previous oral or written communications, representations or agreements on this subject. In
any conflict between this Contract and any references and attachments, the terms and
conditions of this Contract shall take precedence and govern. Acceptance of service or
processing of documentation on forms furnished by the Contractor for approval or payment
shall not constitute acceptance of any proposed modification to terms and conditions.
B. Any dispute concerning performance of the Contract shall be decided by the Department's
designated Contract manager, who shall reduce the decision to writing and send a copy to the
Contractor at a previously provided address. In the event a party is dissatisfied with the dispute
resolution decision, jurisdiction for any dispute arising under the terms of the Contract will be in
the courts of the state of Florida, and venue will be in the Second Judicial Circuit, in and for
Leon County. Except as otherwise provided by law, the Parties agree to be responsible for
their own attorney fees incurred in connection with disputes arising under the terms of this
Contract.
C. The laws of the state of Florida and the Department’s rules govern this Contract.
D. The Contractor agrees that no funds received by it under this Contract will be expended for the
purpose of lobbying the Legislature or a state agency pursuant to Section 216.347, Florida
Statutes, except that pursuant to the requirements of Section 287.058(6), Florida Statutes,
during the term of any executed Contract between the Contractor and the state, the Contractor
may lobby the executive or legislative branch concerning the scope of services, performance,
term, or compensation regarding that Contract.
E. The Contractor is an independent Contractor, and is not an employee or agent of the
Department.
F. All contracted services are to be performed solely by the Contractor and may not be
subcontracted or assigned without the prior written consent of the Department. The
Department may refuse access to or require replacement of any Contractor employee,
subcontractor or agent for cause, including but not limited to technical or training qualifications,
quality of work, change in security status, or non-compliance with a Department policy or other
requirement. Such action shall not relieve the Contractor of its obligation to perform all work in
compliance with the Contract.
G. The respective obligations of the Parties, which by their nature would continue beyond the
termination or expiration of this Contract, including without limitation, the obligations regarding
confidentiality, proprietary interests, and limitations of liability, shall survive termination,
cancellation or expiration of this Contract.
H. The Contractor hereby agrees to protect, indemnify, defend and hold harmless the Department
from and against any and all costs, claims, demands, damages, losses and liabilities arising
from or in any way related to the Contractor’s breach of this Contract or the negligent acts or
omissions of the Contractor.
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I. The Department shall not be deemed to assume any liability for the acts, omissions to act or
negligence of the Contractor, its agents, servants, and employees, nor shall the Contractor
disclaim its own negligence to the Department or any third party.
J. If a court of competent jurisdiction deems any term or condition herein void or unenforceable,
the other provisions are severable to that void provision, and shall remain in full force and
effect.
K. In accordance with Section 284.33, Florida Statutes, the Department is authorized to contract
and make payment for the services described herein.
18. Execution in Counterparts and Authority to Sign.
This Contract may be executed in counterparts, each of which shall be an original and all of which
shall constitute the same instrument. Each person signing this Contract warrants that he or she is
duly authorized to do so and to bind the respective party to the Contract.
19. Contract Administration.
A. The Department’s Contract Manager is Margaret Howard located at 200 E. Gaines Street,
Tallahassee, FL 32399-4225.
B. The Contractor’s Contract Manager is ___________ located at _______.
C. All written and verbal approvals referenced in this Contract must be obtained from the Parties'
Contract managers designated in this section, or their designees.
IN WITNESS WHEREOF, the Parties acting with proper authority have caused this Contract to be
executed by their signatures below.
CONTRACTOR
FLORIDA DEPARTMENT OF
FINANCIAL SERVICES
Signature of Contractor Authorized Agent
___________________________________
Signature of Department Authorized Agent
Name of Contractor Authorized Agent
___________________________________
Name of Department Authorized Agent
Title of Contractor Authorized Agent
___________________________________
Title of Department Authorized Agent
Date
___________________________________
Date
40
ATTACHMENT F – DWC-23 REQUEST FOR SCREENING
41
ATTACHMENT G – REEMPLOYMENT SERVICES QUESTIONNAIRE
REEMPLOYMENT SERVICES QUESTIONNAIRE
Personal Information
Name:
Date of Accident:
Address:
Date of Birth:
Address:
City, State
Phone #
Zip Code
(
)
Cell Phone #
County
(
)
E-Mail Address:
Preferred Method of Contact:
Email
Phone
Mail
How did you hear about us?
1.
U.S. Citizen:
Yes
No
Resident Alien:
Yes
No
Resident Alien #:
2.
Have you ever been convicted of a Felony or Misdemeanor?
Yes
No
If yes, what were you convicted of?
When were you convicted?
What State, county and city were you convicted in?
FOR INTERNAL USE ONLY
Date of
Interview:
Referral
Source:
Reemployment
Associate:
Area:
Offic
e:
42
Employer & Insurer Information
Employer:
Telephone #
(
)
Address:
Fax #:
(
)
City, State, Zip
E-Mail Address:
Contact person:
Telephone #
(
)
WC Carrier:
Telephone #
(
)
Address:
Fax #:
(
)
City, State, Zip
E-Mail Address:
Adjuster:
Extension #
Claim Status & Medical Information:
1.
Have you settled your claim with the Insurance Carrier?
2.
What part(s) of your body were injured as a result of your accident?
3.
Do you have pending surgery/additional medical treatment(s)?
Yes
Yes
No
No
If yes, please explain:
4.
Do you have any other medical condition(s) that may affect your ability to work?
Yes
No
If yes, please explain:
5.
Have you been told by your Workers Compensation doctor that you will not be able to return to you previous
position because of your Workers Compensation injury?
Yes
No
6.
Have you been told by your Workers' Compensation doctor that you will have any permanent physical restrictions
as a result of your Workers' Compensation injury?
Yes
No
If yes, what do you understand you physical restrictions to be?
7.
Have you been told by your Workers' Compensation doctor that you have reached maximum medical
improvement?
Yes
No
8.
Do you have any other conditions that would affect your ability to return to work?
9.
If yes, explain:
Yes
No
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Employment & Work History
PLEASE LIST EMPLOYMENT EXPERIENCE FOR THE LAST 15 YEARS.
If you require additional space, please attach information on a separate sheet.
Dates Worked
From:
/ /
To:
/ /
From:
/ /
To:
/ /
From:
/ /
To:
/ /
From:
/ /
To:
/ /
1.
Name of Employer
Have you returned to work?
Yes
Job Title
Job Duties
No
If no, have you talked with your employer about return to work?
If yes, explain what happened?
2.
Have you looked for work since your injury?
3.
What kinds of jobs were you looking for?
4.
Where have you looked for work?
5.
What jobs have you applied for?
6.
If you have not looked for work please explain why?
Yes
No
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Educational & Transportation Information
1.
PLEASE PROVIDE THE FOLLOWING INFORMATION:
a.
b.
Highest Grade Completed:
High School Graduate - Date
Graduated:
c.
GED- Date Received:
d.
Associate’s Degree - Major:
e.
Bachelor’s Degree - Major:
f.
g.
Master’s Degree - Major:
Vocational / technical training – area
of study
h
Other
2.
What type of training have you received from past employers or in the military?
3.
List any other special skills you possess (language, computer…)
Please attach copies of all diplomas and/or certificates for any type of training you have received including
any received in the military. Also attach college transcripts for all classes completed.
4.
What transportation is available to you?
5.
Driver’s License:
Clear last 3 years?
Yes
Yes
No
Class:
Expiration Date:
No
If no, explain
I certify that to the best of my knowledge and belief all of the statements contained herein are true, correct, complete,
and made in good faith.
Injured Employee Signature
Date completed this questionnaire
45
ATTACHMENT H – SERVICE AREAS
46
ATTACHMENT I – TECHNICAL EVALUATION CRITERIA
TECHNICAL EVALUATION CRITERIA – INTERNAL DOCUMENT
FOR DEPARTMENT USE ONLY
PHASE I - INITIAL SCREENING
Screened by: ____________________________________
Proposer: _____________________________________
Services proposed: ___ Reemployment Services
___ Vocational Evaluations
Response complete? ___ Yes ___ No
If no, please explain: _______________________________________________
Forwarded to Evaluation Team: ___ Yes ___ No
PHASE II - TECHNICAL EVALUATION
Evaluated by: ________________________________________________________________________
Proposed Service Area(s): _________________________
Possible
Points
Tab 1 – 3.4.1 – Certificate
Tab 2 – 3.4.2 – Management Summary
Tab 3 – 3.4.3 – Capabilities
Tab 4 – 3.4.4 – Reemployment Services and Vocational Evaluation Provider(s)
(Maximum 45 Points)
Years of experience providing Reemployment Services & Vocational Evaluations
Workers’ Compensation experience
Certifications
Tab 5 – 3.4.5 – Technical Approach (Maximum 60 Points)
3.4.5.1, 3.4.5.2, & 3.4.5.4
Service Coverage
Reemployment Services / Vocational Evaluation Reports
Performance Metrics
Tab 6 – 3.4.6 – Innovative Ideas (Optional)
Tab 7 – 3.4.7 – Phase II Technical Evaluation Sheets
Reemployment Services
Vocational Evaluations
Tab 8 – 3.4.8 – Phase III Agreement to Cost
Total
Points
Awarded
5
15
15
0
15
15
15
0
15
15
15
15
0
0
5
5
50
OVERALL SCORE
MAXIMUM POINTS POSSIBLE
200
47
ATTACHMENT J – CLIENT REFERENCE FORM
CLIENT REFERENCE FORM
This form must be completed when proposing reemployment and/or vocational evaluation services.
Proposer’s Name:_________________________________________________________
Proposer’s Name (If different when services were performed):___________________________________________________
Client’s Name:____________________________________________________________
Address:_________________________________________________________________
Primary Contact Person:
_________________________
Alternate Contact Person:
_________________________________
Primary Phone Number:
_________________________
Alternate Phone Number:
_________________________________
Primary Fax Number:
_________________________
Alternate Fax Number:
_________________________________
Performance Period: _______________________________________________
Location of Services: ______________________________________________________
Brief Description of Services Performed by the Above Named Client:
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
48