Notice to Professional Consultants
State Of Florida Department Of Transportation
Notice: All Letters of Response are required to be submitted via E-mail. The size limit for Letters of Response has been increased to 1MB.
Please read the Response Procedure carefully!
The Department reserves the right to reject all Proposals and/or to waive minor irregularities.
The Department of Transportation anticipates seeking professional consultant services on the projects listed in this advertisement. Consideration will be given to only those firms that are qualified pursuant to law and
that have been prequalified by the Department to perform the indicated MAJOR Type(s) of Work. Prime Consultants must be prequalified in at least one or more of the MAJOR Types of Work specified in the advertisement.
A prequalified subconsultant(s) may be used to meet the other Types of Work specified in the advertisement. Persons and firms used whether prime consultant or subconsultant, can only perform the work for which they are
prequalified with the Department, in accordance with Rule Chapter 14-75, Florida Administrative Code. Consultants technically prequalified without unlimited overhead status, will only be considered
as primes for projects identified as "Minor Projects" (projects less than $500,000). Any firm not prequalified by the Department and desiring consideration for these projects must submit a complete
Request for Qualification Application to email@example.com by the advertised Letter of Response Deadline Date and Time. Please call 850-414-4597 if you have any questions on the prequalification process. A Department
approved overhead audit is required for projects $500,000 or more. The technical work type(s) and audit must be approved by the shortlist date referenced in the advertisement in order for the responding firm to be considered responsive for shortlisting.
CONSULTANT ELIGIBILITY: It is a basic tenet of the Department's contracting program that contracts are procured in a fair, open and competitive manner. The Department requires that Consultants representing the Department
must be free of conflicting professional or personal interests. In order to prevent potential conflicts of interest, the Department has established guidelines to be followed by professional services Consultants. Please familiarize
yourself with the requirements of Procedure No. 375-030-006, also known as: "Conflict of Interest Procedure for Department Contracts". By submitting a Letter of Response, the Consultant certifies that they
are in compliance with Procedure No. 375-030-006. This procedure is available at the following link: Professional Services Publications Menu.
In addition to the restrictions identified in Procedure No. 375-030-006, please be advised of the following prohibition: A consultant firm or its affiliate who was the Designer or Engineer of Record is precluded from bidding on the same
project as the Construction contractor, or as a member of the construction team (subcontractor).
COMPLIANCE WITH NONDISCRIMINATION STATUTES AND AUTHORITIES:
Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin); and 49 CFR Part 21; The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42
U.S.C. § 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal-aid programs and projects); Federal-Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), (prohibits discrimination on the basis of sex);
Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended, (prohibits discrimination on the basis of disability); and 49 CFR Part 27; The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.), (prohibits discrimination on
the basis of age); Airport and Airway Improvement Act of 1982, (49 USC § 471, Section 47123), as amended, (prohibits discrimination based on race, creed, color, national origin, or sex); The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope,
coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms “programs or activities” to include all of the programs or
activities of the Federal-aid recipients, sub-recipients and contractors, whether such programs or activities are Federally funded or not); Titles II and III of the Americans with Disabilities Act, which prohibit discrimination on the basis of disability in the
operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities (42 U.S.C. §§ 12131 -- 12189) as implemented by Department of Transportation regulations at 49 C.F.R. parts 37 and 38; The
Federal Aviation Administration’s Non-discrimination statute (49 U.S.C. § 47123) (prohibits discrimination on the basis of race, color, national origin, and sex); Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and
Low-Income Populations, which ensures non-discrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations;
Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of limited English proficiency (LEP). To ensure compliance with Title VI, you
must take reasonable steps to ensure that LEP persons have meaningful access to your programs (70 Fed. Reg. at 74087 to 74100); Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education
programs or activities (20 U.S.C. 1681 et seq).
FEDERAL DEBARMENT: By submitting a Letter of Response, the consultant certifies that no principal (which includes officers, directors, or executives) is presently suspended, proposed for debarment, declared ineligible or voluntarily
excluded from participation on this transaction by any Federal Department or Agency.
PUBLIC ENTITY CRIMES: A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid, proposal, or reply on a contract to provide any goods or services to
a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property 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 any public entity in excess of the threshold amount provided in s. 287.017
for CATEGORY TWO($35,000) for a period of 36 months following the date of being placed on the convicted vendor list.
INSPECTOR GENERAL: The Vendor/Contractor agrees to comply with section 20.055(5), Florida Statutes, and to incorporate in all subcontracts the obligation to comply with section 20.055(5), Florida Statutes.
E-VERIFY: The Vendor/Contractor shall utilize the U.S. Department of Homeland Security's E-Verify system to verify the employment eligibility of all new employees hired by the Vendor/Contractor during the term of the contract and shall
expressly require any subcontractors performing work or providing services pursuant to the state contract to likewise utilize the U.S. Department of Homeland Security's E-Verify system to verify the employment eligibility of all new employees
hired by the subcontractor during the contract term.
SCRUTINIZED COMPANIES: Section 287.135, Florida Statutes, prohibits agencies from contracting with companies for goods or services of $1 million or more, that are on either the Scrutinized Companies with Activities in Sudan List, the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List created
pursuant to section 215.473, Florida Statutes, or the Scrutinized Companies that Boycott Israel List created pursuant to s. 215.4725, or is engaged in a boycott of Israel. A company that is
on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, Scrutinized Companies that Boycott Israel List, or is engaged in a boycott of Israel may not bid on, submit a proposal for, or enter into a contract with an agency or local governmental
entity for goods or services of $1 million or more.
SELECTION PROCEDURE: The listed projects are covered by the selection process detailed in the Rule Chapter 14-75, Florida Administrative Code. Some or all of the responding firms may be requested to provide Written Technical Proposals,
Oral Presentations, Interviews, or Expanded Letters of Response, for the ranking process. After ranking of the consultants the contract fee will be negotiated in accordance with Section 287.055 Florida Statutes. Funding on all projects is subject
to legislative approval. Registration in MyFloridaMarketPlace is required prior to contracting. Note: The shortlist and final selection meeting dates and times are provided within the advertisement. All public meetings will be held in District
headquarters unless otherwise noted. Changes to meeting dates and times will be updated under the
All Advertisements link.
The agenda for each public meeting is as follows: a) Opening Remarks (approx. 3 minutes); b) Public Input (15 minutes); c) Department business; d) Closing. For more information, contact the designated responsible office. In order to ensure a fair,
competitive and open process, once a project is advertised under Current Advertisements, all communications between interested firms and the Department must be directed to the appropriate Professional Services Office. Respondents to this solicitation
or persons acting on their behalf may not contact, between the release of the solicitation and the end of the 72-hour period following the agency posting the notice of intended award, excluding Saturdays, Sundays, and state holidays, any employee or
officer of the executive or legislative branch concerning any aspect of this solicitation, except in writing to the procurement officer or as provided in the solicitation documents. Violation of this provision may be grounds for rejecting a response.
RESPONSE PROCEDURE: Qualified consultants are encouraged to submit a Letter of Response, for each project in which they are interested, to the indicated requesting unit by 5:00 PM Eastern time on the date indicated as the Response Deadline.
Letters of Response will be submitted as an attachment to an E-mail, submitted electronically to the indicated response address. The Standard FDOT Professional Services Letter of Response
form must be completed and submitted to the indicated response e-mail address. Consultants, be advised that you are responsible for downloading the latest version of the Letter of Response Form when responding to the advertisement. The 8/16 version must be
used when responding to the advertisement. The form will be a single file not to exceed 1MB in size in Adobe PDF format (unzipped), and the form completed in its entirety will not exceed the six 8 ½ x 11 pages provided in the form unless otherwise indicated in the advertisement.
The content of the Letter cannot go beyond Page 3 of the form. Pages 4, 5, and 6 of the form are reserved for the tables listing prime and subconsultants by work type. Consultants must not add additional pages to the form. Formatting requirements consist of a font size of 11, with ½ inch margins.
Please be aware that all font (including graphics, tables, and captions on photos) must be standard arial narrow, 11 point font, single line spacing with no modification of font or spacing allowed. Please retain the source document as it may be requested at a later date within the procurement process, for audit purposes.
The Department reserves the right to periodically sample letters of response to ensure compliance with format submittal requirements. All other advertisement submittal requirements will be verified with each Letter submittal. Failure to comply with the submittal requirements may cause the Letter of Response to be considered
non-responsive. Consultants should receive an e-mailed Return Receipt acknowledgement within 2 hours of submittal to the indicated response address. If a Return Receipt acknowledgement is not received by the Consultant within 2 hours, or by
the time and date due, please call the advertisement contact (within normal business hours) to verify the Department's receipt of your e-mailed Letter of Response. Letters of Response should not contain links to other web pages and will, at a minimum,
include the following information:
- Project Name/DOT Financial Management Number
- Consultant's name and address
- Proposed responsible office for consultant
- Contact person, phone number and Internet Email Address
- Statement regarding prequalification of consultant or proposed subconsultants in advertised type(s) of work
- Proposed key personnel and their proposed roles (do not include resumes)
- Subconsultant(s) that may be used for the project
- Indication as to whether the prime firm and/or subconsultants are disadvantaged business enterprises (DBE) or Small Businesses
- Project Approach and Understanding of Critical Issues
- Relevant project experience - Similar type of work experience
- A Bid Opportunity List should be submitted through the Equal Opportunity Compliance system which is available at the
Equal Opportunity Office Website.
Prime Consultants can obtain access to the new EOC system by filling out the
Contractors and Consultants New Users Access Form. Please complete the form and submit it to EOOHelp@dot.state.fl.us.
IMPORTANT UPDATE: Pursuant to the Federal Brooks Act, and Section 287.055, Florida Statutes, price may not be an evaluation criterion during the advertisement and selection phase for professional services procurements.
Consultants are prohibited from including references to their proposed professional services fees or indirect rates in Letters of Response, Written Technical Proposals, Oral Presentations, or Interviews. It is permissible to address cost savings specifically
related to the construction project. Inclusion of prohibited professional services cost data in a Letter of Response or Technical Proposal may cause the Letter of Response or Technical Proposal to be considered non-responsive.
Private attorney services may not be utilized on Department contracts without advance approval from the Attorney General’s Office. The advance approval may only be requested by Agency General Counsel (FDOT), and not the consultant firm. Since
approval cannot be assumed, consultant firms shall refrain from proposing legal firms as part of the professional services consultant team in their procurement response and proposal
documents. As referenced in Section 287.059(3), F.S.:
”An agency requesting approval for the use of private attorney services shall first offer to contract with the Department of Legal Affairs for such attorney services at a cost pursuant to mutual
agreement. The Attorney General shall decide on a case-by-case basis to accept or decline to provide such attorney services as staffing, expertise, or other legal or economic considerations warrant. If the
Attorney General declines to provide the requested attorney services, the Attorney General’s written approval shall include a statement that the private attorney services requested cannot be
provided by the office of the Attorney General or that such private attorney services are cost-effective in the opinion of the Attorney General. The Attorney General shall not consider political
affiliation in making such decision. The office of the Attorney General shall respond to the request of an agency for prior written approval within 10 working days after receiving such request. The
Attorney General may request additional information necessary for evaluation of a request. The Attorney General shall respond to the request within 10 working days after receipt of the requested
Additionally, pursuant to Section 287.056(22), F.S., the University Master Agreement is the appropriate vehicle for contracting with Florida universities. When needed for a professional services contract, the Department’s Project Manager may procure university
services by means of a task work order against a University Master Agreement. Questions regarding consultant teams should be directed to the Procurement Office coordinating the contract acquisition.
STANDARD NOTES: (Applicable to following projects where indicated)
1. This project does not fall within the FDOT Professional Services Types of Work, therefore technical prequalification of responding consultants is not mandatory. However, prime must be currently licensed as a
Professional Engineering firm in the State of Florida. The Standard FDOT Letter of Qualification form must be completed and submitted
to the indicated response e-mail. Consultants, be advised that you are responsible for downloading the latest version of the Letter of Qualification Form when responding to the advertisement.
The 8/16 version must be used when responding to this ad. Consultants must include the following as an attachment to the Standard FDOT Letter of Qualification form:
The Standard FDOT Letter of Qualification form completed in its entirety will not exceed the six 8 ½ x 11 pages provided in the form unless otherwise indicated in the advertisement. The content of the Letter cannot go beyond Page 3 of the form. Pages 4, 5, and 6 of the form are reserved for the tables listing prime and subconsultants by work type. Consultants
must not add additional pages to the form. The Letter of Qualification will be a single file not to exceed 1MB in size in Adobe PDF format (unzipped). Page size requirement is a font size of 11, with ½ inch margins. Failure to comply with the submittal requirements may cause the Letter of Qualification to be considered non-responsive.
- Proof of professional liability insurance (include a copy of professional liability insurance certificate with the Letter of Qualification)
- For projects $500,000 or above, a recent overhead audit (within 6 months of the fiscal year end), prepared by an independent Certified Public Accountant or governmental agency and in conformance with the Department's current
Reimbursement Rate Guidelines should be on file with the Department or a completed Request for Qualification Package, including the recent overhead audit must be submitted to the Prequalification Administrator via email to firstname.lastname@example.org, prior to the response deadline of the Letter as indicated in the advertisement. Consultants must address all items within the Standard FDOT Letter of Qualification.
2. Reserved. (Standard note not used).
3. Reserved. (Standard note not used).
4. Selection will be made directly from the Standard FDOT Expanded Letters of Response form.
Consultants, be advised that you are responsible for downloading the latest version of the Expanded Letter of Response Form when responding to the advertisement. The 8/16 version must be used when responding to this ad. The completed Standard FDOT Expanded Letters of Response form completed in its entirety will not exceed the nine 8 ½ x 11 pages provided in the form.
The content of the Letter cannot go beyond Page 6 of the form. Pages 7, 8, and 9 of the form are reserved for the tables listing prime and subconsultants by work type. Consultants must not add additional pages to the form. Consultant shall also submit resumes which are restricted to 2 pages each and an organization chart or staffing chart (can be either 8-1/2x11 or 11x17, at the discretion
of the Consultant). Construction Training and Qualification Program (CTQP) printouts may also be submitted. Staff hours on summary sheet (one sheet showing the hours of prime and all subs) will be submitted where applicable. All submittals except organization chart, staffing chart, other required forms, and certifications shall adhere to a font size of 11, with ½ inch margins.
The Expanded Letter of Response file size is not restricted to 1MB, however Consultants are advised that the Expanded Letter of Response Form electronic submittal should not exceed FDOT’s internal server file size restriction of 15 MB. Failure to comply with the submittal requirements may cause the Letter of Response to be considered non-responsive.
5. Reserved. (Standard note not used).
6. Reserved. (Standard note not used).
7. This project has been reserved for competition among only small businesses in accordance with the Department's Business Development Initiative (BDI) Program.
Letters of Response for this project will only be accepted from firms that meet the definition of a small business set forth by section 337.027, Florida Statutes. The prime consultant submitting a Letter of Response must meet the small business definition of section 337.027, Florida Statutes at the time of submittal of the Letter of Response and must maintain this status as a small business
through final selection. All subconsultants utilized for the project must also be small businesses pursuant to section 337.027, Florida Statutes at the time of submittal of the Letter of Response and must also maintain this status as a small business through final selection. Note: Any professional services consultant firm prequalified under Rule 14-75, F.A.C., that is shown as a Small Business on the
Professional Services Prequalified Small Business Report is not required to supply the Small Business Affidavit Certification for Prequalified Professional Services Firms form with the Letter of Response.
SMALL BUSINESS ELIGIBILITY CRITERIA:
- The prime firm and subconsultants proposed for this project must meet the small business definition set forth by section 337.027, Florida Statutes. They are also required to submit a notarized copy of the Small Business Affidavit Certification Form
with the Letter of Response. Firms who have previously submitted the Small Business Affidavit Certification Form, and appear in the
Department’s Small Business listings are not required to resubmit the form. Please refer to the advertisement for other submittal requirements
- Submitting firms that are small businesses must completely comply with the professional services prequalification process as described in the Florida Administrative Code Chapter 14-75.
Additional instructions can be found in the BDI Program Guidelines.
Small Business listing for Professional Services:
8. Under-Utilization Goal for DBEs and Small Businesses - The goal of the Department’s Under-utilization strategy is to encourage and promote use of Disadvantaged Business Enterprises (DBE) and Small Businesses in areas of work where they have been under-used.
Under-utilization is defined by FDOT as 25% or less utilization level in a Work Group, which may vary by district. The specific Under-utilized Work Groups are identified in the advertisement.
Consultants are strongly encouraged to propose a DBE or Small Business to perform services for each under-utilized work group identified in the advertisement. DBEs or Small Businesses can be proposed at either the Prime or Sub-level for the Under-utilized
Work Group(s). Use of under-utilized DBEs or Small Businesses for Consultant teaming is a shortlist consideration factor for projects referencing this Standard Note. Consultants are requested to indicate your firm's proposed use of DBEs and/or Small Business
primes or subconsultants to meet under-utilization goals on the table within the Professional Services Letter of Response form (as designated in the advertisement) by checking the box under the under-utilization (UU) column. Failure to list DBEs and/or Small
Business prime or subconsultants on the response form shall indicate no proposed utilization. Please refer to the advertisement for other submittal directions. Reports are available at the following locations to validate status of firms as Small Businesses and DBEs:
DBE listing for Professional Services:
Small Business listing for Professional Services:http://www2.dot.state.fl.us/procurement/ProfessionalServices/lppc/listmenu.htm
Additionally, firms will submit the Professional Services DBE or Small Business Commitment form as required by the advertisement when selecting from Expanded Letters
of Response, otherwise it will be required with the Request for Proposal.
9. It is the policy of FDOT to encourage the participation of small businesses and disadvantaged business enterprises ("DBE") in all facets of the business activities of FDOT, consistent with applicable laws and regulations. FDOT has established an
aspiration goal of 10% DBE usage and an additional 3% non-DBE Small Business usage for the subject Project. Firms proposing for this Project shall aspire to have ten percent (10%) or more of the total contract costs performed by DBEs, and an additional
three percent (3%) or more of the total contract costs performed by non-DBE small businesses. Although not a contract requirement, FDOT believes that the aforementioned aspiration goal can realistically be achieved based on current
availability of DBEs and small businesses. FDOT further believes that the 13% overall goal can be achieved through race neutral means, using standard competitive procurement processes. Pursuant to the provisions of Section 339.0805, Florida Statutes, and rule 14.78.005, Florida Administrative
Code, FDOT has adopted rules to provide certified DBEs opportunities to participate in the business activities of FDOT as vendors, contractors, subcontractors, and consultants. FDOT has adopted the DBE definition set forth in Code 49 of Federal Regulations Section
26.5. The Department's DBE directory may be found at the following website: http://www3b.dot.state.fl.us/EqualOpportunityOfficeBusinessDirectory/CustomSearch.aspx
Firms agree to apply their best efforts to utilize qualified non-DBE small businesses as vendors, contractors, subcontractors, and consultants for the Project. Qualifications for small businesses may be found at the following website:
http://www.fdot.gov/EqualOpportunityOffice/sizeStandards.shtm Firms will submit the
Professional Services DBE or Small Business Commitment form as required by the advertisement when selecting from Expanded Letters of Response, otherwise it will be
required with the Request for Proposal.
DBE listing for Professional Services:
Non-DBE Small Business listing for Professional Services:
10. This contract will require field office personnel; therefore the CEI Team must utilize CEI field office rates.