Page 1 of 11 RFP2019-3100 C&D Processing REQUEST FOR PROPOSAL (RFP) 2019-3100 Martin County Board of County Commissioners 2401 S.E. Monterey Road Stuart, Florida 34996 (772) 288-5481 pur_div@martin.fl.us www.martin.fl.us The Board of County Commissioners of Martin County, Florida, will receive sealed proposals for: CONSTRUCTION & DEMOLITION DEBRIS PROCESSING Sealed proposals will be received by the Information Desk on the 1 st Floor at the address above until 2:30 PM local time, on Wednesday, December 19, 2018. The basic proposal document is available at www.martin.fl.us. Type “bids” in the Search field and then click on Bid Search. The complete bid document and exhibits may be downloaded from www.demandstar.com (online bidding site). A MANDATORY pre-proposal meeting and site visit will be held at 10:00 AM on October 30, 2018 at the Martin County Transfer Station and Recycling Center located at 9101 S.W. Busch Street, Palm City, Florida. Proposers are required to attend this meeting. Late attendees will not be admitted. Martin County is an equal opportunity/affirmative action employer. By order of the Board of County Commissioners of Martin County, Florida. Page 2 of 11 RFP2019-3100 C&D Processing TABLE OF CONTENTS 1. Purpose of RFP 2. Definitions 3. Background Information 4. Mandatory Pre-Proposal Conference & Site Inspection 5. Inquiries and Addenda 6. Instructions for Preparing Proposals 7. Alternate Proposals 8. Devitions from RFP or Agreement 9. Submittal of Proposals 10. Requests for Additional Information 11. Evaluation of Proposals 12. The County’s Acceptance or Rejection of Proposals 13. Limitations on Proposer’s Rights 14. Cone of Silence 15. No Warranty for County Data 16. Proposer’s Warranties to County 17. Additional Requirements Concerning Proposals Exhibit 1 – Certification Form Exhibit 2 – Agreement and Lease for C&D Processing Services Exhibit 3 – As-built Plans for Building Page 3 of 11 RFP2019-3100 C&D Processing 1. PURPOSE OF RFP The Board of County Commissioners (“Board”) of Martin County (“County”) is soliciting proposals from qualified vendors that wish to process, recycle, sell and/or dispose of Construction and Demolition Debris (“C&D”) for the County, subject to the terms and conditions contained in the Agreement and Lease for C&D Processing Services (“Agreement”) that is included with this RFP. 2. DEFINITIONS For the purposes of this RFP, the following terms shall have the definitions set forth below: A. Agreement shall mean the Agreement and Lease for C&D Processing Services included with this RFP as Exhibit 2. B. Business Plan means a written document that describes how the Proposer will provide the services required under the Agreement. C. Proposer means any Person (e.g., a corporation) that submits a Proposal in response to this RFP. D. Request for Proposal or RFP shall mean this procurement document and all of the attachments, including the Agreement. E. Responsible Proposer shall mean a Person that has the capability in all respects to fully perform the requirements in the Agreement and the integrity and reliability that will assure good faith performance. F. Responsive Proposal means a Proposal that conforms in all material respects to the requirements in this RFP. G. Selected Proposer shall mean the Proposer selected by the County as a result of this RFP process. The Selected Proposer also may be referred to as the “Contractor.” Other capitalized words and phrases used in this RFP are defined in the Agreement. 3. BACKGROUND INFORMATION The County owns a Transfer Station and Recycling Center (“Center”) located at 9101 SW Busch Street in Palm City, Florida. The County’s property includes an area (“Site”) that is approximately 5.9 acres in size and used for the management of C&D. There is an enclosed metal building (“Building”) on the Site that is approximately 36,000 square feet in size and used for sorting and Processing C&D. The approximate locations of the Transfer Station, the Site and the Building are shown in the aerial photograph that is attached to the Agreement as Exhibit A. The as-built plans for the Building are attached to this RFP as Exhibit 3. C&D is delivered to the Site by commercial haulers, businesses, and residential customers. The County currently receives approximately 50,000 tons of C&D each year at the Site. However, the amount of C&D received at the Site can fluctuate over time as a result of various factors, including but not limited to hurricanes and population growth. The Proposer selected by the County pursuant to this RFP (i.e., the “Selected Proposer” or “Contractor”) shall sort the incoming C&D into recyclable and non-recyclable material. The Contractor shall be responsible for marketing and selling all of the Recyclable Material it recovers from the C&D. The proceeds from the sale of Recyclable Materials shall belong to the Contractor. The non-recyclable material shall be transported from the Site for disposal at the Contractor’s expense. The non-recyclable material shall be sent to the Okeechobee Landfill, pursuant to the County’s existing franchise agreement Page 4 of 11 RFP2019-3100 C&D Processing with Waste Management Inc. of Florida (“WMIF”). The cost of using WMIF’s landfill currently is $29.00 per ton. This cost includes the expense of having the County load the non-recyclable material into WMIF’s trucks at the Transfer Station, plus the expense of transportation and disposal. The Agreement requires the Contractor to recycle at least 75% of the C&D. All mechanical Processing of C&D must occur inside the Building. Each Proposer shall submit its proposed price (“Rate”) for Processing the C&D that is delivered to the Site. The County shall pay the approved Rate for each ton of Recyclable Material that is removed from the C&D and transported from the Site. However, the County will not pay any fee based on the outbound-tonnage of non-recyclable material, such as Recovered Screened Material (“RSM”). The County’s C&D currently is processed at the Site by a private company pursuant to a contract that expired on September 30, 2018. The County anticipates the Site will be vacated and available for use by the Selected Proposer by January 1, 2019 or shortly thereafter. The Contractor will need to begin receiving C&D when the Contractor takes possession of the Site or as soon thereafter as possible. 4. MANDATORY PRE-PROPOSAL CONFERENCE & SITE INSPECTION All Proposers must attend the mandatory pre-proposal conference. All Proposers must arrive on-time and remain in attendance until the conclusion of the conference. The County will not evaluate Proposals from anyone that does not attend the mandatory pre-proposal conference. Persons arriving more than 5 minutes late will not be admitted. Each Person attending the pre-proposal conference shall be required to sign in and disclose the name of the vendor that the Person is representing. Any Person attending the pre-proposal conference should bring a copy of this RFP with them. Copies of the RFP will not be provided at the pre-proposal conference. At the pre-proposal conference, representatives of the County will be available to describe and discuss this RFP, including the Agreement. The County will respond informally to all questions and comments about the RFP that are presented to the County during the pre-proposal conference. After the pre- proposal conference, all communications must be directed in writing to the County’s Purchasing Division pursuant to Section 5, below. 5. INQUIRIES AND ADDENDA After the mandatory pre-proposal conference, each Proposer must submit all questions about the RFP, requests for clarification of or modification to the RFP, notifications concerning ambiguities or inconsistencies in the RFP, and requests to modify the Agreement, in writing to the County's Purchasing Division. All such written communications shall be submitted to the County by email to pur_div@martin.fl.us. All questions, requests, and notifications must be submitted to the County no later than 5:00 PM on Wedesday two weeks prior to the bid due date. Each Proposer must carefully examine the RFP before submitting a Proposal. If the Proposer discovers any ambiguity, conflict, discrepancy, omission or other error in this RFP, the Proposer must immediately notify the County’s Purchasing Division in writing concerning the error and request a modification or clarification of the RFP before submitting their Proposal. Page 5 of 11 RFP2019-3100 C&D Processing The County will issue a written addendum if it wishes to revise this RFP. The issuance of a written addendum is the only method that will be used by the County to provide binding, official interpretations, clarifications, changes, modifications or information concerning this RFP. Oral instructions, comments, and explanations about the RFP provided by County employees and representatives will not be binding upon the County and should be disregarded. Each Proposer shall be the solely responsible for ensuring that they have obtained all of the addenda that are issued by the County. All addenda issued by the County will include a receipt form, which must be signed and included with any Proposal submitted to the County. In the event multiple addenda are issued, a separate receipt for each addendum must be included in the Proposal. 6. INSTRUCTIONS FOR PREPARING PROPOSALS A. Each Proposal shall be organized in the manner described below: (1) Statement of Interest. Provide a cover letter and statement of interest signed by an authorized corporate officer, principal, or partner. Provide the name, address, and telephone number for the Proposer. Provide the name, address, telephone number, and e-mail address for the individual that will be the Proposer’s representative for the purpose of receiving communications concerning this RFP. (2 page limit) (2) Price. Provide the price per ton that the Proposer will charge for Processing C&D and providing the other services required in the Agreement, in compliance with the requirements in the Agreement. (1 page limit) (3) Business Plan. Provide a Business Plan that describes how the Proposer will provide the services required under the Agreement. The Business Plan must: (a) describe how the C&D will be processed on the Site; (b) describe the equipment and technologies that will be used to process the C&D; (c) include a process flow diagram that shows where materials will be directed as they move across the Site; (d) describe the Proposer’s materials management and containment methods; (e) describe the methods for disposing of non-recyclable materials, including Hazardous Materials; (f) describe the marketing strategy for Recyclable Materials; (g) include a preliminary Transition Plan that describes the steps the Proposer will take to implement its Business Plan from the time when the Proposer is selected by the County until the Proposer is able to conduct normal operations on the Site at full capacity; (h) identify the types and quantities of Recyclable Materials that are expected to be removed from the C&D; (i) identify the Recycling rate (i.e., the percent removed and Recycled) that is expected; and (j) provide documents or other information supporting the Proposer’s claims concerning the level of Recycling (percent removed) that will be achieved under the Proposer’s Business Plan. (10 page limit) Page 6 of 11 RFP2019-3100 C&D Processing (4) Staffing Plan. Identify and describe the employees that will be used to implement the Proposer’s Business Plan. At a minimum, identify the types of employees that will be used (e.g., operator, supervisor, spotter, manual labor) and identify the number of employees in each category. (3 page limit) (5) Qualifications. Describe the Proposer’s qualifications and business history, including the qualifications of the key individuals that will be responsible for the Proposer’s work under the Agreement. Please note the minimum qualifications in Section 16.2 of the Agreement. (3 page limit) (6) Experience. Describe the Proposer’s past experience, including all past and current contracts involving similar services within the last ten (10) years. (5 page limit) (7) References. Provide references--i.e., identify clients for past and current projects (maximum 5 clients). For each reference, identify the services that were provided, the dates when service was provided, and the name, telephone number, and e-mail address of a client representative that is knowledgeable about the Proposer’s work. (1 page per �client) (8) Similar Facilities. Provide the name and address of each facility (maximum 10 facilities) where the same technologies and systems are being used. (1 page limit) (9) Certification Form. Each Proposer must execute and submit the Certification Form that is attached hereto as Exhibit 1. This form must be manually signed in BLUE ink by a Person that is legally authorized to sign the Proposal on behalf of the Proposer. The form must be notarized. B. One (1) electronic copy of the Proposal on a CD or thumb drive in PDF format shall be submitted. No paper copies are necessary. 7. ALTERNATE PROPOSALS Each Proposer must submit a Proposal that fully complies with the requirements contained herein, including but not limited to the requirements in Section 6, above. If a Proposer submits a Responsive Proposal, the Proposer also may submit an alternate Proposal for the County’s consideration. The County will consider any alternate Proposal that will achieve a Recycling rate for C&D that is equal to or greater than 75%. The County also will consider any alternative that will reduce the County’s cost for Processing C&D, while achieving a 75% Recycling rate. Potential options include but are not limited to the use of waste-to-energy or waste-to-fuel technologies, profit sharing with the County, and twice monthly payments to the Proposer. The County will consider alternatives that use Processing facilities located off of the Site. However, pursuant to the County’s franchise agreement with WMIF, the Proposer will be required to deliver all non-recyclable C&D to the County’s Transfer Station at 9101 S.W. Busch Street in Palm City after the Proposer completes its recycling activities at the off-Site location. An alternate Proposal must include: (a) a description of the alternative; (b) the prices for the Proposer’s alternative, presented in the same format as a standard Proposal; and (c) a description of the benefits Page 7 of 11 RFP2019-3100 C&D Processing provided to the County and its citizens by implementing the alternate Proposal. (3 page limit per alternative) 8. DEVIATIONS FROM RFP OR AGREEMENT If a Proposer wishes to request changes to the RFP, including the Agreement, the Proposer must submit the recommended changes to the County in accordance with Section 5 of this RFP, before the Proposer submits a Proposal. If the County wishes to accept the recommendation, the County will issue an addendum concerning the recommendation before the deadline for the submittal of Proposals. Each Proposer should base its Proposal on the assumption that the Successful Proposer will be required to execute the Agreement, subject to all of the terms and conditions in the Agreement. The County will reject any Proposal that is conditional or based on alternate contractual provisions, except as provided in Section 7, above. The County is under no obligation to revise the Agreement. Therefore, each Proposer should assume that no changes to the Agreement will be made after Proposals are received, except for the correction of scrivener’s errors and the incorporation of relevant information, such as the Contractor’s name and prices. A Proposer shall not attempt to limit, restrict, or qualify its base Proposal. A Proposer’s adjustments, changes to, or deviations from the RFP will not be accepted by the County. Any and all such terms, conditions, limitations, and qualifications shall have no force and effect. 9. SUBMITTAL OF PROPOSALS The County will receive sealed Proposals as indicated on Page 1 of this RFP. A Proposal may be submitted by personal delivery, U.S. Postal Service, express, overnight or courier service. Proposals submitted by facsimile, telephone, e-mail, or other electronic means will not be accepted. Each Proposal must be submitted in a sealed envelope. The outside of the envelope must be labelled with the following information: (a) the name and number of this RFP (b) the date and time that has been established as the deadline for submitting the Proposal; and (c) the name of the Proposer. 10. REQUESTS FOR ADDITIONAL INFORMATION The County reserves its right to request the Proposer to provide any additional information the County deems necessary to evaluate, clarify, or substantiate the information in the Proposal or otherwise to more fully meet the needs of the County. Moreover, the County reserves its right to make investigations of the qualifications of the Proposer as it deems appropriate, including but not limited to a background investigation conducted by the Martin County Sheriff’s Department or others. 11. EVALUATION OF PROPOSALS The County will appoint a Selection Committee to review and score the Proposals, based on the criteria below. The Selection Committee may develop a short list of Proposers and request the short-listed Proposers to make a presentation to the Selection Committee. Selection Criteria Point Value Cost 50 Page 8 of 11 RFP2019-3100 C&D Processing Business Plan 20 Professional qualifications 10 Verifiable recycling results* 10 Past experience and references 10 Total Points Available 0-100 *As indicated above, points may be awarded if a Proposer demonstrates its proposed approach to Recycling C&D has been used successfully at other facilities and achieved Recycling rates greater than 75%. 12. THE COUNTY’S ACCEPTANCE OR REJECTION OF PROPOSALS The County reserves its exclusive right to:  reject any and all Proposals, with or without cause;  accept the Proposal which, in the judgment of the County, is the best overall Proposal, based on the weighted criteria in Section 12, above;  reject any and all non-responsive Proposals;  waive minor irregularities and technicalities in any Proposal;  issue addenda or otherwise revise the requirements in this RFP;  issue requests for new Proposals;  cancel this RFP; and  change the schedule for any activities under this RFP. The County reserves its right to request one or a series of best and final offers if information is obtained during the evaluation process that makes it necessary for the County to clarify the requirements in this RFP or otherwise ensure the most competitive pricing. The County shall decide, in its sole discretion, whether to reject a Proposal as non-responsive. Among other things, a Proposal may be found to be non-responsive if the Proposer: failed to provide the information requested in the RFP; failed to utilize or complete the required forms; provided incomplete, indefinite, or ambiguous responses; failed to comply with the applicable deadlines; provided improper or undated signatures; or provided information that is false, misleading, or exaggerated. The County may reject a Proposal for any reason that the County deems sufficient. For example, the County may reject one or more Proposals if: the Proposer misstates or conceals any material fact in their Proposal; the Proposal does not conform to the requirements of Applicable Law; the Proposal is subject to conditions or qualifications; a change occurs that makes this RFP unnecessary for the County; a Person submits more than one Proposal under the same or different names; a Proposer fails to perform satisfactorily or meet its financial obligations on previous contracts; the Proposer employs unauthorized aliens in violation of Section 274(A)(e) of the Immigration and Naturalization Act; or the Proposer is listed on the U.S. Comptroller General’s List of Ineligible Companies for Federally Financed or Assisted Projects. Any or all Proposals may be rejected if the County concludes that collusion existed among two or more of the Proposers. Proposals received from the participants in such collusion will not be considered for the same work if this RFP is re-advertised. More than one Proposal from an individual, firm, partnership, corporation, or association under the same or Page 9 of 11 RFP2019-3100 C&D Processing different names will not be considered. If a Proposer is involved in more than one Proposal for the same work, the County may reject all Proposals in which such Proposer is believed to be involved. The County may reject Proposals if two (2) or more Proposers are planning a merger, or are in the process of merging with or acquiring other Proposers, and the County concludes that the Proposers are not submitting bona fide or uncompromised proposals. In such cases, the County may reject all Proposals in which such Proposers are involved. Any and all compromised Proposals will be rejected if there is reason to believe that collusion exists between Proposers. Nothing contained in this RFP shall be construed to restrict the County Administrator’s right to terminate this RFP if he deems it to be in the best interests of the County. 13. LIMITATIONS ON PROPOSER’S RIGHTS By submitting a Proposal, each Proposer acknowledges and agrees that: (a) the submittal of a Proposal constitutes a binding offer by the Proposer and the offer shall not be withdrawn for at least one hundred eighty (180) days after the deadline for submitting Proposals; (b) no enforceable contract will arise between the County and the Proposer unless the County signs the Agreement with the Proposer; (c) no action will lie against the County to compel the County to execute the Agreement or any other contract at any time; (d) the County is not obligated to award its Agreement to the Proposer that offers the lowest prices to the County; (e) the County shall be the sole judge of the procedure used to select the best Proposal, and the determination of which Proposal is most advantageous to or in the best interests of the County; and (f) the Proposer waives any and all claims it may have for damages, lost profits, costs, expenses, attorneys’ fees, or other injuries if the County decides that the County will (1) award the Agreement to another Proposer or (2) not sign the Agreement with the Proposer, even if the Selection Committee recommends awarding the Agreement to the Proposer. 14. CONE OF SILENCE The County prohibits any communication by a vendor or a vendor’s subcontractor with any Selection Committee member or any other County employee or representative by telephone, email or by any other verbal or written communication method, including but not limited to the County Administrator and County Commissioners, concerning this RFP. This cone of silence shall be in effect from the time this RFP is advertised until the County awards a contract to the Selected Proposer. Notwithstanding this prohibition, a vendor may contact the County’s Purchasing Division in compliance with the requirements in this RFP, and a vendor may communicate with the County’s representatives at the pre- proposal meeting, during presentations before the Selection Committee or during public meetings. Violation of this policy shall result in disqualification of the vendor. 15. NO WARRANTY FOR COUNTY DATA The data contained in this RFP or otherwise provided by an employee or agent of the County is solely for the general convenience of the Proposer and shall not be relied upon. The County makes no warranty or guarantee concerning the accuracy of any data or information set forth in this RFP or any other document. Proposers shall make no claim against the County because of any data that proves to be erroneous in any respect. Each Proposer shall be solely responsible for determining all of the relevant facts that may affect its Proposal. 16. PROPOSER’S WARRANTIES TO COUNTY Page 10 of 11 RFP2019-3100 C&D Processing By submitting a Proposal, each Proposer represents and warrants that: (a) no one was paid a fee, commission, gift, or other consideration contingent upon receipt of an award for the services and/or supplies specified herein; (b) the Proposer is not insolvent; (c) the Proposer is not in bankruptcy proceedings or receivership; and (d) the Proposer is not engaged in or threatened with any litigation, arbitration or other legal or administrative proceeding or investigation of any kind that would have a material adverse effect on the Proposer’s ability to perform its obligations under the Agreement. 17. ADDITIONAL REQUIREMENTS CONCERNING PROPOSALS A. Proposals become a “public record” and shall be subject to disclosure consistent with Chapter 119, Florida Statutes, thirty (30) calendar days after the bid opening or upon bid award in accordance with Chapter 119, Fla. Stat.. Marking a proposal “confidential” or “proprietary” does not exclude all or any part of the proposal from disclosure under public records requirements. To claim the proposal or a portion thereof as exempt or confidential and exempt from disclosure, you must state the basis of the exemption, including the statutory citation to an exemption created or afforded by Florida Statutes; state in writing and with particularity the reasons for the conclusion that the proposal is exempt or confidential and exempt; and if only a portion of the proposal is claimed to be exempt or confidential and exempt, provide a redacted version of the proposal showing those portions claimed to be exempt or confidential and exempt. Proposals submitted with claimed exemptions shall be reviewed and release of these records shall be at the County’s discretion. Failure to notify the County of claimed exemptions constitutes a waiver and the submittal will be released as requested. B. A Proposal may be withdrawn prior to the deadline for submitting Proposals, if a Proposer submits a written request to withdraw its Proposal and the request is received by the Purchasing Division before the deadline for submitting Proposals. C. The Proposer assumes all risks and shall pay all expenses associated with the preparation and submittal of a Proposal in response to this RFP. The County shall not liable for any expenses incurred by the Proposer when responding to this RFP, including but not limited to the cost of travel, site visits, and making presentations to the County. D. Proposals shall be formatted for letter sized paper and shall use a minimum 12 point font. E. All Proposals must be manually signed in BLUE ink by an authorized corporate officer, principal, or partner (as applicable) with a signature in full on the Cover Letter/Statement of Interest. F. Vendors that are nonresident corporations shall furnish the County with evidence of their ability to transact business in the State of Florida. This evidence shall be included with the vendor’s Proposal. G. A Vendor shall not discriminate on the basis of race, color, national origin or sex in the performance of the Agreement. Failure by the Vendor to comply with these requirements will be a material breach of the Agreement, which may result in the termination of the Agreement or such other remedy as is appropriate. H. It is the policy of the United States, the State of Florida, or the County that small business concerns, veteran-owned small business concerns, service-disabled veteran-owned small business concerns, HUBZone small business concerns, small disadvantaged business concerns, and women-owned small business concerns (hereinafter “small business concerns”) shall have the maximum practicable Page 11 of 11 RFP2019-3100 C&D Processing opportunity to participate in performing contracts, including contracts and subcontracts. It is further the policy that its prime contractors establish procedures to ensure the timely payment of amounts due pursuant to the terms of their subcontracts with small business concerns. The Contractor hereby agrees to carry out this policy in the awarding of subcontracts to the fullest extent consistent with efficient contract performance. The Contractor further agrees to cooperate in any studies or surveys as may be conducted by the appropriate government agency as may be necessary to determine the extent of the Contractor’s compliance with this clause. I. The Selected Proposer will be required to monitor the performance of his or her employees on a periodic basis while they are assigned to the County’s work. The Selected Proposer is required to comply with the Immigration Reform Act of 1986 (IRCA), which requires all individuals hired after November 6, 1986 to provide employers with proof of citizenship or authorization to work in the United States. J. Section 287.133, Florida Statutes, provides: "A person or affiliate who has been placed on the convicted vendor list following a conviction for Public Entity crime may not submit a bid on a contract to provide goods or services to a public entity, may not submit a bid or contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or Vendor under a contract with a public entity, and may not transact business with any public entity in excess of the threshold amount in Section 287.017, for category two for a period of thirty-six months from the date of being placed on the convicted vendor list". Questions regarding this requirement should be directed to the Bureau of State Procurement at (904) 488-8131. K. Any protest concerning this RFP shall be handled in accordance with the procedures in the Martin County Purchasing Manual, which is available at www.martin.fl.us. Type Purchasing Manual into the Search field. Any protest regarding the RFP specifications and/or requirements be made within seventy-two (72) hours the date the RFP is published on the online bidding site. Failure to timely protest the RFP specifications and/or requirements constitutes a waiver of the ability to protest specifications and/or requirements. L. The time, date, and place of Selection Committee meetings are posted on the County’s website at www.martin.fl.us in accordance with the Florida Sunshine Law. Selection Committee meetings are open to the public. However, a presentation to the Selection Committee by a Proposer shall be closed to the public, pursuant to Section 286.0113, Florida Statutes. M. Notification of shortlists shall be provided within 72 hours of a Selection Committee meeting via e- mail to all Proposers. Proposers that do not provide an e-mail address as requested above shall not be notified. N. Section 112.313, Fla. Stat., prohibits contracts with County employees, officers and advisory board members. All bidders must disclose the name of any Martin County officer or employee who owns, directly or indirectly an interest in the bidder's firm or any of its branches. Advisory Board Members may qualify for an exemption by submitting Commission on Ethics Form 3A with bid and filing such form with the Supervisor of Elections in accordance with Section 112.313(12)(b), Fla. Stat. RFP2019-3100