UNIVERSITY OF FLORIDA INVITATION TO NEGOTIATE FY26-ITN-014 FEE DEVELOPER FOR UF JACKSONVILLE CAMPUS PROJECT ITN Issuance Date: August 27, 2025 Site Visit: September 16, 2025 1:00 PM EST Prime Osborn Convention Center, Boardroom B Proposal Submission Deadline: October 3, 2025, at 3:00 PM EST TABLE OF CONTENTS Page Section 1. Introduction & General Information............................................................................ 1 1.1 Introduction; Invitation............................................................................................................................................. 1 1.2 University of Florida................................................................................................................................................... 1 1.3 No Liability.................................................................................................................................................................... 2 1.4 Due Diligence.............................................................................................................................................................. 2 1.5 Definitions.................................................................................................................................................................... 3 1.6 Procurement Portal and Data Room.................................................................................................................. 3 Section 2. Project Description....................................................................................................... 4 2.1 Background................................................................................................................................................................. 4 2.2 Project Goals.............................................................................................................................................................. 4 2.3 Anticipated Transaction Structure..................................................................................................................... 4 Section 3. ITN Procedures; Procurement Schedule................................................................... 4 3.2 Anticipated Procurement Schedule.................................................................................................................. 5 3.3 ITN Questions............................................................................................................................................................ 5 3.4 Addenda...................................................................................................................................................................... 7 3.5 Pre-Proposal Conference and Site Visit......................................................................................................... 7 3.6 Interviews with Final Proposers........................................................................................................................ 7 Section 4. Submission Requirements......................................................................................... 8 4.1 General....................................................................................................................................................................... 8 4.2 Proposal Submission............................................................................................................................................ 9 4.3 Form and Content of Proposals....................................................................................................................... 9 Section 5. Evaluation Process and Criteria................................................................................ 10 5.1 Proposal Evaluation Procedure........................................................................................................................ 10 5.2 Responsiveness Requirements.......................................................................................................................... 12 5.3 Pass/Fail Requirements........................................................................................................................................ 12 5.4 Proposal Evaluation Criteria............................................................................................................................... 12 5.5 Announcement of Selected Proposer............................................................................................................ 14 5.6 Pre-Development Agreement........................................................................................................................... 14 Section 6. Procurement Requirements and Protocol............................................................... 16 6.1 Policy Regarding Communications and Contact....................................................................................... 16 6.2 Teaming and Representation............................................................................................................................ 17 6.3 Proposer’s Understanding of the ITN............................................................................................................ 18 Section 7. General Provisions, Statement of Limitations......................................................... 18 7.1 Conflicts of Interest................................................................................................................................................ 18 7.2 Public Disclosure..................................................................................................................................................... 19 7.3 Protest Procedures................................................................................................................................................. 20 7.4 Reserved Rights....................................................................................................................................................... 20 Appendix A Definitions Appendix B Submittal Requirements Volume 1 Administration Volume 2 Technical Volume 3 Project Terms/Pre-Development Agreement Appendix C Forms Form A – Transmittal Letter Form B – Project Terms Form C – Certification Form D – Certification of Responsiveness; Pass/Fail Requirements Form E – ITN Questions Form F – References Appendix D Project Overview Appendix E Form of Pre-Development Agreement Section 1. Introduction & General Information 1.1 Introduction; Invitation The University of Florida (the “University”) is procuring the Project (as defined below) pursuant to this FY26-ITN-014 Fee Developer for UF Jacksonville Campus Project, and Florida Board of Governors Regulation 18.001 and University of Florida Regulation 3.020, as each may be further amended (the “Guidelines”). The University requests proposals (“Proposals”) from a development team that will consist of a developer, a design firm, and a construction contractor that demonstrate the technical capacity required to deliver the Project under the terms of a pre-development agreement (which will evidence agreement with certain other Project terms) the form of which is set forth in Appendix E (Form of Pre-Development Agreement) (the “Pre-Development Agreement”) and one or more subsequent development agreements entered into in accordance with the terms of the Pre-Development Agreement (each a “Development Agreement”). The City of Jacksonville (the “City”) has committed to donating roughly 25 acres of real property in the LaVilla District of downtown Jacksonville, Florida (collectively, the “Property”), to the University for development of a campus pursuant to the terms of a Redevelopment Agreement dated August 8, 2025 (the “Redevelopment Agreement”), by and among the City, the City’s Downtown Investment Authority (“DIA”), and the University. The campus is expected to initially offer graduate programs in the fields of business, engineering, law, medicine, architecture, and more along with an applied research enterprise focused on semiconductor technology and other complementary research efforts. The Florida Semiconductor Institute (“FSI”) is a statewide initiative led by the University that seeks to position the State as a leader in specialty electronics through high-impact research and development programs, expanding the semiconductor workforce, and coordinating the State’s semiconductor ecosystem. FSI at UF Jacksonville will serve as the headquarters for the University’s national security applied research enterprise. While the campus will eventually encompass the entire Property, including the real property on which the Prime Osborn Convention Center and historic Jacksonville Terminal are situated, the initial development will take place on two vacant parcels consisting of roughly 3.7 acres that are north of the Prime Osborn Convention Center. Accordingly, the “Project” consists of: (a) developing a flagship building on an initial 2.40 acre parcel of the Property identified by Duval County Tax Parcel Number RE# 074487 0020 (“Site A”); and (b) at the University’s election, developing improvements on an additional 1.31 acre parcel of the Property identified by Duval County Tax Parcel Numbers RE# 074836 0000, RE# 074837 0000, RE# 074838 0000, RE# 074839 0000 and RE# 074840 0000 (“Site B”), each as more particularly set forth in the project overview set forth in Appendix D (Project Overview) (the “Project Overview”). While it is anticipated that the development timelines for Site A and Site B will overlap, the University may, in its sole discretion, elect to engage another developer for the development of Site B. Master planning activities will not be the responsibility of the Selected Developer, but will be separately completed by a master planner to be selected separately by the University. As there may be overlap between the timeline for development of the master plan for the Property and the design timeline for Site A, the Selected Developer will likely need to collaborate with the master planner. The new buildings to be constructed on Site A and Site B will serve as flagship facilities for the new campus and are expected to include space for such uses as classrooms, faculty and staff offices, common areas, dining facilities, and event spaces. The University anticipates that the newly constructed buildings will exceed 225,000 total square feet and include FSI. Further, the newly constructed building(s) on Site B must include ground floor retail spaces that will be open to faculty, staff, students, and members of the community. Companies, teams, joint bidders, joint ventures, partnerships, or consortia submitting Proposals in response to this ITN (each, a “Proposer”) will be evaluated by the University based on the Evaluation Criteria set forth in this ITN. In addition to the reserved rights set forth in Section 7.4, the University reserves the right not to award any or all the components of the Project. This ITN will include multiple stages (“ITN Stage I” and “ITN Stage II”). ITN Stage I primarily focuses on Proposer qualifications and key business terms. ITN Stage II primarily focuses on design concepts for Site A and B. Appendix B of this ITN details all items that Proposers are requested to submit for ITN Stage I (such submittal being the “ITN Stage I Proposal”). The University will evaluate the ITN Stage I Proposals to shortlist and invite certain Proposers to advance into ITN Stage II. During ITN Stage II, each Shortlisted Proposer will provide the additional information as will be requested by the University (the “ITN Stage II Proposal” and with the ITN Stage I Proposal, the “Proposal”). Section 4.5 of this ITN gives a general overview of the additional information that will be requested during ITN Stage II. Shortlisted Proposers who are invited to advance into ITN Stage II will be provided additional information related to the Project and the ITN Stage II Requirements. 1.2 University of Florida The University is a major public land-grant and sea-grant research university and is a member of the Space Grant Consortium. The State’s oldest, largest, and most comprehensive university, the University is among the nation’s most academically diverse public universities. With more than 60,000 students, the University is also now one of the largest universities in the nation. The University has a 2,000-acre campus and more than 900 buildings (including 170 with classrooms and laboratories) and is home to 16 colleges and more than 170 research centers and institutes and offers nearly 300 combined graduate and undergraduate degree programs. Only five other universities nationwide have as many programs of study on one campus as the University. The University also operate a number of programs throughout other areas of the State, including in Miami, Orlando, and Jacksonville. Classified by the Carnegie Foundation as an “R1/Very High Research” institution (the highest research level), the University is one of 71 elected member institutions of the Association of American Universities. In 2025, the University had $1.33 billion in research spending, and the University has helped launch more than 300 start-ups based on researchers’ technologies. Artificial intelligence is a centerpiece at the University, spanning all disciplines so that every student has the opportunity to acquire competence and expertise in AI. The University’s momentum is reflected in its designation as a top-seven public university by U.S. News & World Report. As such, the University attracts high-achieving students, faculty and staff from around the world. The University employs a comprehensive, holistic admissions review process that evaluates academic and nonacademic criteria, in addition to standards established by the Florida Board of Governors for all State University System schools. Through the Project, the University will expand its presence in Jacksonville, Florida. For any additional information about the University, please visit the University’s web page at: www.ufl.edu. 1.3 No Liability Neither the University, nor any of its Board, staff, trustees, officials, members, advisors, consultants, contractors, vendors, or agents or representatives make, or will be deemed to have made, any representation or warranty, express or implied, as to the accuracy, reliability, or completeness of the information contained herein or in any information otherwise provided, whether orally or in writing, other than such representations or warranties expressly stated as such in subsequent, duly-issued procurement documents or in the Pre-Development Agreement. Neither the receipt of the ITN, nor any information contained herein or supplied herewith or subsequently communicated to any Person, whether orally or in writing, in connection with the Project involving the University or its representatives, advisors, or consultants constitutes the giving of financial, legal, technical, or other advice. The ITN does not purport to contain all the information that a Proposer may need or desire to make an investment decision. All prospective Proposers are strongly advised to seek their own independent financial, legal, tax, insurance, accounting, technical, and other advice. The issuance of the ITN does not constitute, and none of the information set forth herein constitutes, a formal offer to enter into a contract for the Project, nor does the ITN obligate the University or any other entity to proceed with the Project. All expenses for preparing and submitting Proposals and other responses are the sole cost of the Proposer submitting the response. However, the University intends, but is not obligated, to provide a stipend to Shortlisted Proposers in connection with the ITN Stage II Proposals. Except for any stipend provided at the University’s election for the ITN Stage II Proposals, the University will not assume, or be deemed to have assumed, any obligations, responsibilities, or liabilities, fiscal or otherwise, to reimburse all or part of the costs incurred or alleged to have been incurred by or on behalf of parties considering a response to or responding to this ITN, or any subsequent ITN. Upon receipt, all submittals will become the property of the University. 1.4 Due Diligence 1.4.1 Reference Information Documents Certain documents, including the documents listed in Appendix D (Project Overview) will be provided to Proposers for reference and background information (the “Reference Information Documents”). The Reference Information Documents are not contract documents and are not a part of the ITN Documents. The Reference Information Documents are provided for reference purposes only and are solely for use by Proposers to assist them in analyzing the potential opportunity and Project described herein. The Proposers and the Developer are not entitled to rely on the Reference Information Documents as: accurately describing existing conditions; presenting design, engineering, or construction solutions; or other directions, means, or methods for complying with the requirements of the Pre-Development Agreement. The University will make the Reference Information Documents available to the Proposers via the Data Room (as hereinafter defined). Each Proposer acknowledges that, except to the extent expressly provided in the Pre-Development Agreement: (a) The University makes no representation or warranty with respect to the relevance, completeness, accuracy, or fitness for any purpose of any of the information contained in the Reference Information Documents or that such information conforms with the requirements of the Pre-Development Agreement, governmental approvals, or applicable law. (b) The University will not be responsible for or have any liability to the Proposer and the Developer, and the Developer will not be entitled to any extension of time, relief from obligations, compensation, or other claim with respect to: (i) any inaccuracy, omission, lack of fitness for any purpose, or inadequacy of any kind whatsoever in the Reference Information Documents; (ii) any failure to make available to the Proposer any materials, documents, drawings, plans, or other information relating to the Project as part of the Reference Information Documents; or (iii) any claims or losses whatsoever suffered by Proposer or the Developer, by reason of any use of the information contained in, or any action or forbearance in reliance on, the Reference Information Documents. (c) Each Proposer is obligated to conduct, and will be solely responsible and liable for, such studies, analyses, and investigations as permitted under this ITN and as it deems advisable to verify and supplement information in the Reference Information Documents or otherwise as may be required to prepare its Proposal or in the performance of its obligations if such Proposer enters into the Pre-Development Agreement as the Developer. Any use of information in the Reference Information Documents in preparing a Proposal or in performance of the Project, with or without verification or supplement, is entirely at the Proposer’s and Developer’s own sole risk (as applicable). 1.5 Definitions Capitalized terms used in this ITN and not otherwise defined have the meanings given in Appendix A (Definitions). 1.6 Procurement Portal and Data Room 1.6.1 Procurement Portal The University has created a specific portal on the University’s procurement website (the “Procurement Portal”). The Procurement Portal will be used: (a) by the University to provide the ITN Documents and responses to the ITN Questions to the Proposers; and (b) by the Proposers to submit their ITN Questions, Proposals, and other materials to the University. 1.6.2 Data Room The University will make the Reference Information Documents and other information related to the Project available to the Proposers via a data room created by the University (the “Data Room”). The list of documents uploaded to the Data Room for ITN Stage I is provided in Appendix D (Project Overview). To access the Data Room, Proposers must request access from Nicola Heredia, Chief Procurement Officer by emailing
contact@example.gov and receive a password from the Procurement Services. Section 2. Project Description 2.1 Background The Project reflects the initial phases of the University’s anticipated long-term build out of its new campus in Jacksonville, Florida. Please see the Project Overview in Appendix D (Project Overview) for more information. The Project Overview also contains thorough details regarding the University’s strategic priorities, partnership with the City and DIA, program considerations, site conditions, architectural guidelines and procedures, and other key information for Proposers. 2.2 Project Goals The University has identified the goals and objectives for the Project listed in Appendix D (Project Overview). 2.3 Anticipated Transaction Structure 2.3.1 Anticipated Contract Structure Upon selection of the Developer, the University anticipates that it will enter into a Pre-Development Agreement with the Developer setting forth the Developer’s obligation to perform certain pre-development and preliminary design services with respect to the Project and the terms and conditions with respect to which the University and the Developer may agree upon one or more Development Agreement(s) governing the development and construction of the Project (or one or more component(s) thereof). The information regarding the Project’s contractual and financial structure in this ITN reflects the Project terms, scope, and structure anticipated by the University at the time of this ITN. The University reserves the right to modify these anticipated terms based on its ongoing analysis of the technical, financial, and other issues relating to the Project. The University will communicate any modifications made during the Procurement Process in accordance with this ITN. 2.3.2 Design and Construction. The Developer will design and construct the Project in accordance with the Pre-Development Agreement and any Development Agreement(s), and in compliance with applicable federal, state, and local laws, regulations, and policies, all as more specifically set forth in this ITN and the Pre-Development Agreement. 2.3.3 Operations and Maintenance The University will operate and maintain the Project after the delivery of the Project by the Developer. 2.3.4 Financing Structure The University anticipates financing the Project through a combination of State, City, and private cash funding sources. Proposals need not assume any Developer responsibility for financing the Project. Section 3. ITN Procedures; Procurement Schedule 3.1 Evaluation Process The University will evaluate the Proposals it receives in response to this ITN according to the process and criteria set forth in Section 5.4 and select one or more Proposers submitting the best value ITN Stage I Proposals (the “Shortlisted Proposers”) to submit ITN Stage II Proposals and participate in in-person interviews (each, an “Interview”) with the University during ITN Stage II. The University will conduct Interviews with each Shortlisted Proposer, and, following the Interviews, determine the Proposal that represents the best value to the University. The University also reserves the right to issue supplemental questions or requests to any one or more Proposers at any point in the Procurement Process to assist the University in selecting the Shortlisted Proposers and best value Proposal. 3.2 Anticipated Procurement Schedule Although not binding, the following timetable outlines the anticipated procurement schedule for the Procurement Process. The timing and sequence of events resulting from this ITN may vary and will ultimately be determined the University, in its sole discretion. Action Date Issue ITN August 27, 2025 Site Visit (On the Property) September 16, 2025, at 1:00 p.m. EST ITN Questions Deadline September 18, 2025, at 3:00 p.m. EST Responses to ITN Questions Week of September 24, 2025 ITN Stage I Proposal Submission Deadline October 3, 2025, at 3:00 p.m. EST Shortlisted Proposers for ITN Stage II Determined Week of October 20, 2025 ITN Stage II - Developer Workshop I (Design) Week of November 3, 2025 ITN Stage II - Developer Workshop I (Legal) Week of November 3, 2025 ITN Stage II - Developer Workshop II (Design) Week of December 8, 2025 ITN Stage II - Developer Workshop II (Legal) Week of December 8, 2025 ITN Stage II Proposal Submission Deadline January 15, 2026 Interviews with Shortlisted Proposers Week of January 26, 2026 Selected Proposer Determined Week of February 2, 2026 Board Approval of Selected Proposer and PDA March 2026 Changes to the anticipated schedule will be communicated to prospective Proposers in accordance with Section 6.1 of this ITN. 3.3 ITN Questions Proposers will be responsible for requesting written clarification or interpretation of any perceived mistake, discrepancy, deficiency, ambiguity, error, or omission contained in this ITN, or of any provision which a Proposer fails to understand. Proposers may submit comments, questions, and requests for written clarification or additional information or interpretation (or to propose correction of errors) regarding the Project, this ITN, Project-related documents, or communications provided by or on behalf of the University (“ITN Questions”), and the University intends, but reserves the right not to, respond to the same as set forth below. By submitting Proposals, Proposers acknowledge and agree that the University’s responses will not be considered part of the ITN, nor will such responses be relevant in interpreting any of the foregoing or be binding upon the University unless reflected in an addendum to this ITN. ITN Questions are to be directed, in writing, using the Procurement Portal (through the Procurement Portal Q & A Board). ITN Questions must be submitted on Form E (ITN Questions) in English (in Microsoft Word®) through the Procurement Portal. No hard copy, other electronic transmission, telephone, or oral requests will be considered. Questions from a Proposer should be submitted only by a Proposer Authorized Representative and must (a) clearly indicate in the subject line “Fee Developer for UF Jacksonville Campus Project – ITN Questions – [Proposer Name]”, and (b) include the requestor’s name, address, telephone, and email, and the Proposer that it represents. The University reserves the right to consider only ITN Questions that: (a) are sequentially numbered; (b) specifically reference the relevant section of this ITN, unless such request is of general application (in which case the request for clarification must so note); and (c) identify the Proposer’s (or proposed Team member’s) identity in the body of the ITN Question. Questions of general application are allowed, but discouraged, and Proposers are requested to be as specific as possible in offering the ITN Questions. Proposers must designate each ITN Question as a Category 1, 2, 3, or 4 question: (a) “Category 1” means a potential “go/no-go” issue that, if not resolved in an acceptable fashion, may preclude the Proposer from submitting a Proposal; (b) “Category 2” means an issue that, if not resolved in an acceptable fashion, will significantly affect value for money or, taken together with the entirety of other issues, may preclude the Proposer from submitting a Proposal; (c) “Category 3” means an issue or clarification that is minor in nature and that is not likely to affect the Proposer’s approach to a Proposal; and (d) "Category 4” means corrections of typographical errors, incorrect cross references, or internal inconsistencies within or among this ITN and the ITN Documents. The University will not accept ITN Questions marked as “confidential,” “proprietary,” or otherwise intended to protect the response to the submitting Proposer or preclude the University from addressing the ITN Question, should it so choose, by revising this ITN by addendum. The University reserves the right in its sole discretion to respond or not respond to any ITN Question. The University reserves the right to disseminate, by any medium, further guidance regarding submission and treatment of ITN Questions. The University may rephrase ITN Questions as it deems appropriate, may consolidate similar ITN Questions, and may include ITN Questions that it develops. The University may issue multiple sets of responses at different times during the Procurement Process. Further, the University’s responses to ITN Questions will in no event be deemed part of this ITN and will not be relevant in interpreting the ITN Documents, except to the extent that they are included in an addendum to this ITN. ITN Questions and responses (if any) will be posted on the Procurement Portal. Proposers are encouraged to submit ITN Questions as soon as possible following issuance of this ITN or any addendum, bearing in mind the deadlines set forth in Section 3.2. 3.4 Addenda The University reserves the right to revise this ITN by issuing addenda to this ITN at any time before the Proposal Submission Deadline. The University anticipates posting all addenda to this ITN that will affect ITN Stage I to the Procurement Portal by the ITN Questions Response Date set forth in Section 3.2. The University anticipates posting addenda to this ITN related to ITN Stage II (including notice of any additional Reference Information Documents provided for ITN Stage II) by the date on which it announces the Shortlisted Proposers, as set forth in Section 3.2. Prospective Proposers are solely and exclusively responsible for checking the Procurement Portal for updates to this ITN. The University will not be bound by, and Proposers may not rely on, any oral communication or representation regarding this ITN or any written communication except to the extent that it is contained in this ITN or in an addendum to this ITN. 3.5 Site Visit The University will host an optional in-person site visit (the “Site Visit”) on the date and at the time set forth in Section 3.2. Details regarding the Site Visit are below and any additional details on the Site Visit will be posted on the Procurement Portal prior to the Site Visit. The University may at its option hold additional pre-Proposal Submission Deadline informational events. Date/Time: September 16, 2025, at 1:00 p.m. Meeting Location: Prime Osborn Convention Center, Boardroom B (Floorplan attached). Signage will direct attendees upon arriving. Number of Proposer Attendees Permitted: No more than five attendees per Proposer Parking: Attendees should park in the grass lot located by JTA. Parking will be free. (Map attached) Additional Note: Press / reporters may be present at the event. Section 4. Proposal Submission Requirements 4.1 General The University expects Proposals submitted in response to this ITN to provide at a minimum the information required by this ITN so as to allow the University to evaluate each Proposer based on the criteria set forth herein. Proposals must be submitted exclusively in the English language inclusive of English units of measure and cost terms in United States of America dollar denominations. Proposers will not be allowed to alter Proposals after the applicable Proposal Submission Deadline unless requested, in writing, by the University. Further, Shortlisted Proposers will not be allowed to alter their ITN Stage I Proposals to offer less favorable terms when making the ITN Stage II Proposal. The University will not be responsible for errors, omissions, inaccuracies, or incomplete statements in a Proposal. 4.2 Proposal Submission Each Proposer must submit the ITN Stage I Proposal to the University via upload to the Procurement Portal prior to the date and time of the ITN Stage I Proposal Submission Deadline set forth in Section 3.2. Each Shortlisted Proposer must submit their ITN Stage II Proposal to the University via upload to the Procurement Portal prior to the date and time of the ITN Stage II Proposal Deadline set forth in Section 3.2. Time is of the essence as relates to the ITN Stage I Proposal Submission Deadline and the ITN Stage II Proposal Deadline, as applicable, and Proposals received after the ITN Stage I Proposal Submission Deadline or the ITN Stage II Proposal Deadline, as applicable, will be rejected and not considered. The University will not accept Proposals received by physical delivery, facsimile, or email. Proposers are solely responsible for ensuring that the University receives their ITN Stage I Proposals by the ITN Stage I Proposal Submission Deadline and their ITN Stage II Proposals by the ITN Stage II Proposal Deadline. 4.3 General Requirements of Proposals 4.3.1 General Formatting Requirements (a) Each submittal must be submitted as an electronic file, unencrypted, not password-protected, in fully searchable PDF format, with no file to exceed 50 MB. (b) Proposers must name all files using only standard English (United States) alphabet characters, Arabic numerals, dashes, underscores, or periods. (c) If the University discovers a material change in the applicable form, the University reserves the right in its sole discretion to accept, reject, or seek additional clarification regarding such submission. (d) Proposers must prepare Proposal submittals on 8-1/2” x 11” sized format, except they may include large charts such as organizational charts or drawings on 11” x 17” sized format. Except for tables, organizational charts, and drawings, which Proposers may prepare using a minimum of 10-point font size, Proposers must prepare the Proposal using a minimum of 11-point font size. Printed lines may be single-spaced. 4.3.2 Page Limits All pages of the Proposal must be sequentially numbered and comply with all page limit requirements of this ITN. However, the mark-up of the Pre-Development Agreement will not be subject to any page limit requirements. 4.3.3 Proposal Responsiveness to ITN Proposers should limit the information included in their Proposals to information requested by or otherwise responsive to this ITN. Proposers should develop Proposals to address the Project-specific submittal requirements of this ITN and should not submit standard corporate brochures and marketing materials in a Proposal. Any information included in a Proposal in contravention of this Section 4.3.3 will not be reviewed or considered by the University (except with respect to any applicable page limit). 4.4 Content of ITN Stage I Proposals 4.4.1 Contents of ITN Stage I Proposals Submittal requirements for the ITN Stage I Proposal are specified in Appendix B (Submittal Requirements). Proposers must include all information stipulated in Appendix B (Submittal Requirements) and elsewhere in this ITN, and the ITN Stage I Proposal must be organized in the manner and order set forth in Appendix B (Submittal Requirements). Relevant forms are attached hereto in Appendix C (Forms). Each volume of the ITN Stage I Proposal must be sub-divided and tabbed to correspond to the parts and section numbering set out in the relevant submittal requirements set forth in Appendix B (Submittal Requirements). Specifically, each volume of the ITN Stage I Proposal must be divided into sections that are sequentially numbered in accordance with the numbering specified in the tables for Volume 1, Volume 2, and Volume 3 of Appendix B (Submittal Requirements), with each section separated by a corresponding numbered but otherwise blank tabbed divider (which divider will not count towards the page limits). Each volume of the ITN Stage I Proposal must be submitted as a single, electronic file labeled as follows: [Proposer] – Proposal for the Fee Developer for UF Jacksonville Campus Project – [Volume No.] 4.4.2 Placeholders If a Proposer does not include information or materials in its ITN Stage I Proposal that are described in the relevant submittal requirements in Appendix B (Submittal Requirements) because the required information or materials are not applicable to that Proposer, the Proposer must include in the relevant section of its ITN Stage I Proposal a statement to the following effect: “Section[s] [__] of the Volume [1] [2] [3] Submittal Requirement[s] do[es] not apply because [Proposer to insert brief explanation].” The University reserves the right, in its sole discretion, to accept, reject, or seek additional clarification regarding any such assertion in its assessment of the responsiveness of the Proposal to requirements of this ITN. 4.4.3 References This ITN requires Proposers to provide professional references as part of its ITN Stage I Proposal. The University intends, but does not commit, to contact the references included within each Proposer’s ITN Stage I Proposal. Proposers may not include University references to satisfy the requirements under this ITN. Certain of the forms to this ITN require submission of a minimum and maximum number of references. 4.5 Contents of ITN Stage II Proposals The University will notify Shortlisted Proposers who advance into ITN Stage II of such advancement. The Shortlisted Proposers will be required to make ITN Stage II Proposals to the University prior to their Interviews with the University. Upon determination of the Shortlisted Proposers, the University will provide the Shortlisted Proposers with additional information about the Project, as well as about the requirements for the ITN Stage II Proposals and other ITN Stage II requirements (such requirements collectively being the “ITN Stage II Requirements”) via the Procurement Portal. Preliminary information about the ITN Stage II Requirements is provided below but is subject to change at the University’s discretion. 4.5.1 ITN Stage II Program Details The University will provide further guidance on the intended program for Site A and Site B to supplement the information contained in Appendix D (Project Overview). The additional program information may include square footage ranges by academic unit, shared space details, adjacencies, examples from other higher education / research institutions, and like information. 4.5.2 ITN Stage II Design The University intends to facilitate a design competition between Shortlisted Proposers to advance initial concepts for Site A and Site B. The ITN Stage II Proposal deliverables will include: (a) Design concept(s) for Site A and Site B; (b) Conceptual interior renderings for key spaces such as lobbies or event spaces, or of proposed interior architectural concepts like a central atrium; (c) Conceptual exterior renderings to highlight such features as anticipated materials to be used, building fenestration, connection, and interaction with the public at street level; and (d) High-level building stacking by use type, e.g., educational, communal/shared, and administrative. Section 5. Evaluation Process and Criteria 5.1 Proposal Evaluation Procedure 5.1.1 General Overview The Proposal evaluation process will generally proceed as follows: (a) an initial review of each ITN Stage I Proposal for (i) responsiveness to this ITN, (ii) conformance to the instructions set forth in this ITN regarding organization and format, and (iii) nonconformities, irregularities, and apparent clerical mistakes that are unrelated to the substantive content of the ITN Stage I Proposal; (b) a determination of whether the ITN Stage I Proposal passes all of the pass/fail criteria; (c) review and qualitative evaluation of the ITN Stage I Proposals in conformance with the Evaluation Criteria set forth in Section 5.4; (d) ranking of the ITN Stage I Proposals and selection of the Shortlisted Proposers; (e) for the Shortlisted Proposers, conducting the review process described in clauses (a) through (c) with respect to the ITN Stage II Proposals; and (f) finalizing the ranking after the Interviews and to determine the Selected Proposer. The University anticipates forming a selection committee to review and evaluate the Proposals in accordance with the below criteria. Evaluations of Proposals are subject to the sole discretion of the University (excepting that, for the avoidance of doubt, the University’s evaluations of Proposals may be informed by assistance from professional and other advisors as the University may designate). The University will make the final determination of the Shortlisted Proposers and the Selected Proposer, as it deems appropriate, in its sole discretion, and in the best interests of the Project and the University. By submitting its Proposal, each Proposer acknowledges and agrees that the evaluation of Proposals, and the ranking of Proposers for shortlisting and selection purposes, in each case, involves the qualitative judgement and discretion of the University. By submitting its Proposal, Proposers acknowledge that such exercises of qualitative judgment and discretion include specifically the University’s discretion to determine that failures to disclose fully requested information; incomplete, inaccurate, vague, misleading, or non-responsive submissions; and conditional or qualified submissions (e.g., “as of today,” and “we do not maintain information in the manner solicited,” etc.) may deem the Proposal as non-responsive or otherwise garner a lower ranking in the evaluation of the Proposal. 5.1.2 Clarifications and Waivers The University may, at any time during its evaluation of a Proposal, in its sole discretion, submit written questions or requests for clarification to the Proposer regarding its Proposal or related matters (including requesting a Proposer to verify or certify certain aspects of its Proposal), or visit facilities and clients associated with the Proposer or its Team members that are mentioned in its Proposal. If the University submits a written question or request for clarification, the Proposer must respond within the time period specified in the clarification request (or if no time period is specified, three business days). The University reserves the right not to accept any untimely responses to such written questions or requests for clarification. Proposers are solely responsible for ensuring that the University receives their responses by the specified time and date. All questions or requests for clarifications from the University to a Proposer will be communicated separately to each Proposer via email to the Proposer Authorized Representative. Each Proposer should respond to such questions via email to the Procurement Office. 5.1.3 Proposal Revisions The University may, at any time after receipt of Proposals and prior to final award, determine that it is appropriate to request changes to the Proposals (“Proposal Revisions”). The request for Proposal Revisions will identify any revisions to this ITN and will specify terms and conditions applicable to the Proposal Revisions, including identifying a time and date for delivery. Upon receipt of Proposal Revisions pursuant to this Section 5.1.3, the University will re-evaluate the Proposals as revised in accordance with the methodology described in this Section 5. 5.1.4 Right to Exclude The University may, at any time and in its sole discretion, cease evaluating a Proposal and exclude the applicable Proposer from further consideration in the procurement, if the University determines, in its sole discretion, that: (a) the Proposal is not responsive, whether or not the University submitted any request for clarification under Section 5.1.2, and notwithstanding that the initial evaluation did not identify the subject nonresponsive portion of the Proposal; (b) the Proposal failed to satisfy one or more of the “pass/fail” criteria set forth in Section 5.3, notwithstanding whether the initial evaluation identified the relevant failure; or (c) the Proposal contains a material misrepresentation. 5.2 Responsiveness Requirements Each Proposal will first be reviewed for responsiveness. A Proposer must submit a responsive Proposal to be evaluated against the pass/fail criteria. Responsiveness for ITN Stage I consists in the Proposal containing all of the Volume 1 Information, Volume 2 Information, and Volume 3 Information (including all completed forms). Responsiveness for ITN Stage II consists in the Proposal containing all the information required during ITN Stage I, as well as the additional information required by the ITN Stage II Requirements. In order for a Proposal to be evaluated under Sections 5.3 and 5.4, it must be: (a) Received by the University no later than the ITN Stage I Proposal Submission Deadline or the ITN Stage II Proposal Deadline, as applicable; and (b) Submitted in the format specified in this ITN, legible, inclusive of all required deliverables under Appendix B (Submittal Requirements), and, for ITN Stage II, inclusive of the ITN Stage II Requirements. In the context of any technical, immaterial nonconformity, minor informalities, or apparent clerical mistakes in a Proposal, the University reserves the right, in its sole discretion, to: (i) waive the nonconformity, minor informality, or mistake; (ii) allow the Proposer to cure the nonconformity, minor informality, or mistake; (iii) consider the nonconformity, minor informality, or mistake in the scoring of the Proposal; or (iv) exclude the Proposal from further evaluation. 5.3 Pass/Fail Requirements Without limiting the requirements pertaining to the content, organization, assembly, and format outlined above, the University will evaluate each Proposal that complies with the responsiveness requirements set forth in Section 5.2 based upon the following pass/fail criteria: (a) Neither the Proposer nor any Subcontractor is currently disqualified, removed, debarred, or suspended from performing or bidding on work for the University, the State or any other state or territory of the United States, or any governmental entity, instrumentality, or authority; (b) The information disclosed in Form C (Certification) and/or in response to Section 5.2 does not, in the University’s sole determination, materially and adversely affect the Proposer’s responsibility, including its integrity and ability to carry out the Project responsibilities potentially allocated to it; and (c) A Proposer must obtain a “pass” on all pass/fail administrative items for its Proposal to be evaluated qualitatively under Section 5.4. 5.4 Proposal Evaluation Criteria The University anticipates utilizing a selection committee to review and evaluate the Proposals in accordance with the Evaluation Criteria. The University may use and consider, in its sole discretion, any information provided in the Proposal, as deemed appropriate by the University, to assist in the evaluation of each criterion. 5.4.1 Evaluation Categories and Criteria The University will evaluate each Proposal during ITN Stage I and ITN Stage II in accordance with the following categories (not listed in any particular order). ITN Stage I and ITN Stage II Evaluation Categories Project Development Understanding and Approach Proposer Team Experience and Capability Pre-Development Agreement Project Terms During ITN Stage II, the University will evaluate each Proposal in accordance with the foregoing factors, as well as with the following: Additional ITN Stage II Evaluation Categories Approach to Collaboration Quality of Design Concept Confidence in Execution with Approach to Budget and Schedule Advancement of Pre-Development Agreement and Project Terms 5.4.2 Project Development Understanding and Approach The University will evaluate each Proposer’s Project Development Understanding and Approach qualitatively in accordance with the following criteria as demonstrated through its written statement describing the Proposer’s Project Development Understanding and Approach: (a) Proposer’s understanding of the issues specific to the Project and any challenges that the Project may face in addressing them, including risks relating to developing the Project; (b) Proposer’s understanding of the University’s and City’s goals and objectives for the Project; (c) the extent to which the Project Development Understanding and Approach demonstrates a sound approach and comprehensive understanding of: (i) the University’s and City’s construction guidelines, processes, and procedures; (ii) the existing conditions pertaining to the new construction site and infrastructure; and (iii) the timeline and approach to pre-construction activities that best positions all parties and the projects for success; and (d) the extent to which the Project Development Understanding and Approach demonstrates a sound approach to the procurement and management of Subcontractors. 5.4.3 Proposer Team Experience and Capability The University will evaluate each Proposer’s technical experience and capability qualitatively in accordance with the following criteria: (a) Design and Construction Experience: The extent and depth of the experience of the Proposer and its Subcontractors with the delivery, design, and construction of education and mixed-use facilities to serve university campus settings and urban environments. This will include considerations such as the design and construction of similar campus infrastructure, track record of cost and schedule compliance, general design and construction experience and expertise, past performance, references, etc. (b) Design Capability: The extent and depth of the technical capability of the Proposer and its Subcontractors in, amongst others, the following areas: (i) Demonstrated ability to design visually impactful buildings, as established through industry recognition in all aspects of architecture and interior design; (ii) Expertise and capability in designing mixed program campus facilities; (iii) Demonstrated design team (in-house or with consultants) expertise in specialized programmatic spaces, such as wet, dry, and simulation labs, and other spaces common to higher education; (iv) Demonstrated ability for designing projects that integrate resiliency, energy conservation measures, and ease of maintenance; (v) Knowledge of Florida and Jacksonville codes and local requirements; and (vi) Provision of value-added, innovative solutions to design and technical challenges on relevant projects. (c) Construction Capability: The extent and depth of the technical capability of the Proposer and its Subcontractors in, amongst others, the following areas: (i) Expertise and capability with regard to the construction of campus facilities; (ii) Demonstrated record of delivering similarly situated projects on-time and within budget; (iii) Knowledge of the Jacksonville-area construction and subcontractor market; (iv) Expertise and capability managing construction in public rights-of-way, coordinating with utilities, communicating and coordinating with adjacent property stakeholders, while navigating a public university setting; (v) Track record of delivering higher education projects that integrate sustainability and resiliency aspects; (vi) Experience minimizing interruptions and managing and mitigating impacts across multiple stakeholders during construction; (vii) Provision of value-added, innovative solutions to design and technical challenges on relevant projects; (viii) Demonstrated record of safety and security, and capability to abide by all applicable health and safety standards, required contractor permits, and professional licenses; and (ix) Expertise and capability with regard to management of construction risk and ability to manage complex constructability issues. 5.4.4 Mark-Up of Pre-Development Agreement The University will evaluate each Proposer’s mark-up of the Pre-Development Agreement qualitatively based upon the extent to which such terms are in the best interest of the University. As further explained in Volume 3, all proposed changes to the Pre-Development Agreement, if any, must be shown by a mark-up presented in both “track changes” in Microsoft® Word and via a PDF redline. Narrative commentary on the Pre-Development Agreement will not be reviewed absent a corresponding mark-up of the Pre-Development Agreement that shows the specific changes being proposed. 5.4.5 Project Terms The University will evaluate each Proposer’s Project Terms submitted on Form B (Project Terms) both quantitatively with respect to the numerical figures provided and qualitatively with respect to each Proposer’s plan to share contingency and savings with the University. The following Evaluation Criteria in Section 5.4.6 through Section 5.4.9 will be used during ITN Stage II following announcement of the Shortlisted Proposers pursuant to Section 5.5. 5.4.6 Approach to Collaboration The University will evaluate each Shortlisted Proposer’s approach to collaboration throughout the Site Visit, design workshops, written correspondence, and other interactions with the University and other stakeholders to evaluate how each Shortlisted Proposer will develop, implement, and maintain a spirit of cooperation, collegiality, and open communication during the project development process. 5.4.7 Quality of Design Concept The University will evaluate each Shortlisted Proposer’s ITN Stage II Proposal qualitatively based upon the extent to which it satisfies the following criteria: (a) Alignment with the University’s vision established through the ITN and through the workshop discussions; (b) Provision of aesthetic interest and integration into the community; (c) Establishment of a design that will carry forward into future phases of the Project; and, (d) Satisfaction of University and City guidelines disclosed through the ITN. 5.4.8 Confidence in Execution with Approach to Schedule The University will evaluate each Shortlisted Proposer’s schedule both quantitatively and qualitatively in accordance with the following criteria: (a) Degree to which the schedule satisfies the timing requirements of the Redevelopment Agreement and the University’s stated priorities; and (b) Demonstration of understanding effect of the local development market (including subcontractor limitations, as applicable) on ability to execute the Project. 5.4.9 Advancement of Pre-Development Agreement and Project Terms The University will evaluate each Shortlisted Proposer’s approach to refining its Pre-Development Agreement mark-up and other key Project terms submitted in ITN Stage I to best align with the University’s expectations for the Project. 5.5 Announcement of Shortlisted Proposers Following evaluation of the ITN Stage I Proposals pursuant to Section 5.4, the University will announce the Shortlisted Proposers via a post to the Procurement Portal. The University will simultaneously provide Shortlisted Proposers with the ITN Stage II Requirements, which will include additional instructions for the ITN Stage II Proposals and information about the developer workshops. The University will also post additional Reference Information Documents related to the Project to the Data Room for ITN Stage II. 5.6 Interviews with Shortlisted Proposers 5.6.1 In-Person Interviews The University anticipates conducting Interviews with each Shortlisted Proposer on the dates specified in Section 3.2 and may hold additional Interviews as it deems necessary in its sole discretion. 5.6.2 Interview Scheduling/Venue Each Interview will be held at a time and location determined by the University in its sole discretion. The University will notify each Shortlisted Proposer in writing of the scheduled time, place, date, and duration of any Interview. Interviews may be conducted virtually, if necessary. Each Shortlisted Proposer must confirm to the University their attendance and identify all participants from such Shortlisted Proposer, whether attending in person or virtually, within two business days of receiving notice of an Interview. 5.6.3 Rules Governing Interviews The Interviews are subject to the following rules: (a) During Interviews, the University may raise the possibility of the Shortlisted Proposer accepting terms more favorable to the University than those submitted under the Proposal. However, the Shortlisted Proposer may not under any circumstances raise or condition continued participation in the Procurement Process upon terms less favorable to the University than those submitted in the Proposal. (b) Nothing stated at any Interview will modify this ITN or the Shortlisted Proposer’s Proposal or Pre-Development Agreement mark-up unless it is agreed upon by the University and Shortlisted Proposer in writing. (c) The University does not intend to discuss with any Shortlisted Proposer any Proposal submitted by another Proposer or negotiations with any other Proposer, or the number of Shortlisted Proposers, and no Shortlisted Proposer may inquire or attempt during Interviews or otherwise during this the Procurement Process to obtain any such information or otherwise seek to obtain an unfair competitive advantage over any other Proposer with respect to the negotiations. (d) No aspect of any Interview is intended to provide any Shortlisted Proposer with access to information that is not similarly available to other Shortlisted Proposers. Material information about the Project or procurement that the University reveals or discusses in response to questions raised in an Interview may, except as provided in this ITN, be revealed to the other Shortlisted Proposers by the University, in its sole discretion, if the University believes such disclosure is necessary in the interest of maintaining a fair Procurement Process or complying with applicable law. (e) Pursuant to applicable law, the University will record all Interviews. The recordings are not intended for public release but are required to comply with the Florida Public Records Law. 5.7 Announcement of Selected Proposer Following evaluation of the Proposals pursuant to Section 5.4, the University will announce the Selected Proposer via a post to the Procurement Portal. 5.8 Pre-Development Agreement 5.8.1 Finalization of the Pre-Development Agreement Following the determination of the best value Shortlisted Proposer pursuant to this ITN (the “Selected Proposer”), if authorized by the Board, the University and the Selected Proposer will finalize the execution versions of the Pre-Development Agreement, to be limited to making the changes described in this Section 5.8. If the Pre-Development Agreement cannot be finalized in a manner satisfactory to the University, the University reserves the right to (i) cancel the procurement; or (ii) proceed to the next ranked Proposal to finalize or attempt to finalize the Pre-Development Agreement with such Shortlisted Proposer. Modifications to the Pre-Development Agreement form agreed upon will be limited to the following: (a) minor changes, additions, and modifications necessary to create a complete and legally binding contract; (b) additions or modifications to those provisions that require information regarding the Selected Proposer’s corporate and financing structure, provided that such additions or modifications are consistent with the terms of the form of Pre-Development Agreement and this ITN, in the University’s reasonable discretion; (c) additions or modifications required to incorporate terms or concepts provided in the Proposal submitted by the Selected Proposer that have been approved or required by the University for inclusion in the Pre-Development Agreement; and (d) additions or modifications required to complete the schedules, exhibits, appendices, or forms in the Pre-Development Agreement. Further, the University may initiate negotiations with a Shortlisted Proposer other than the Selected Proposer if: (1) Pre-Development Agreement finalization with the Selected Proposer are unsuccessful, or (2) the Selected Proposer does not provide sufficient information or timely feedback to finalize the Pre-Development Agreement in accordance with the anticipated procurement schedule. 5.8.2 Conditions Precedent to the Execution of the Pre-Development Agreement As part of the finalization of the Pre-Development Agreement, the Selected Proposer must satisfy all conditions set forth below, if required under the Pre-Development Agreement or otherwise requested by the University: (a) the Selected Proposer has provided the University with legal opinions consistent with general design-build/alternative delivery market practice and customary for a transaction of this nature addressed to the University, from the Selected Proposer’s legal counsel, as to, among other things: (i) the organization, existence, and good standing and qualification to do business in the State, of the Developer; (ii) the due authorization and signing of the Pre-Development Agreement; (iii) the enforceability of the Pre-Development Agreement against the Developer; and (iv) confirmation that the Pre-Development Agreement does not violate any applicable law or any of Developer’s organizational documents; (b) the Selected Proposer has delivered to the University the Developer’s incorporation, formation, and organizational documentation, including (as applicable), its articles of incorporation, bylaws, partnership agreement, certificate of formation, or operating agreement; (c) the Selected Proposer has delivered to the University confirmation of Developer’s (i) federal Employer Identification Number, (ii) registration with the Florida Department of Revenue, (iii) registered agent for service of process in the State, and (iv) if required by applicable law, Florida business license; (d) the Selected Proposer has obtained and delivered to the University specimen copies of insurance policies and all endorsements thereto that conform to all the terms specified herein with bindable proposals from insurers in a binder evidencing that all insurances required under the Pre-Development Agreement will be in place as of the effective date of the Pre-Development Agreement; (e) the Selected Proposer has provided the University with acceptable evidence that personnel working on behalf of the Developer are properly licensed to carry out their respective scopes of work under the Pre-Development Agreement; and (f) satisfaction of any other conditions to execution of the Pre-Development Agreement set forth under applicable law. This ITN permits a Proposer to identify and form an entity other than the Proposer to enter into the Pre-Development Agreement as the Developer. However, if the entity identified as the proposed Developer in the Proposal is not formed or fails to comply with the requirements set forth in this ITN, the entities that signed the Proposal will have the joint and several obligation to enter into the Pre-Development Agreement themselves. The business form of the Developer and any entities that will have joint and several liability under the Pre-Development Agreement or that will provide a performance guaranty (including any joint venture agreement, partnership agreement, operating agreement, articles of incorporation, bylaws, or equivalent documents) must be consistent with the requirements of the ITN Documents and provide for continuation of the Developer in the event of bankruptcy or withdrawal of any of its members. Section 6. Procurement Requirements and Protocol 6.1 Policy Regarding Communications and Contact Proposers must conduct the preparation of their Proposals with professional integrity and free of brokering and lobbying activities. Except as specifically permitted by this ITN, Proposers, Subcontractors, and their respective agents and consultants are not permitted to contact or communicate either directly or indirectly regarding the subject matter of this ITN, with: (a) The University’s Board, staff, trustees, officials, members, advisors, consultants, contractors, vendors, agents, or representatives, including the selection committee; or (b) Any officials, members, advisors, consultants, contractors, vendors, agents, or representatives of the State University System of Florida Board of Governors. Any verified allegation that any such Person has attempted to or has made such contact or otherwise attempted to influence the evaluation, ranking, and selection of Shortlisted Proposers or the Selected Proposer may be cause for the University, in its discretion, to disqualify the Proposer from submitting a Proposal, to disqualify the Subcontractor from participating in a Proposer’s Team, to disallow any such Person from further participation with the Proposer’s Team, or to discontinue further consideration of such Proposer. Following the selection of the Selected Proposer, the University may permit certain communications and contacts. This ITN and other written communications from the University will specify the rules and parameters of such permitted contacts and communications. To the extent that any Proposer or Subcontractor intends at any time to initiate contact with the general public or other agencies or authorities regarding the Project, the nature and substance of such intended contact must be approved in writing by the University prior to the commencement of such activities. 6.2 Teaming and Representation 6.2.1 Development Engineer The University has engaged England-Thims and Miller, Inc. (“ETM”) to provide comprehensive utility design services, traffic studies and design services, and stormwater design services for the Project. ETM is presently conducting initial investigations of the Property to enable the Developer to expedite the design process following selection. It is anticipated that studies and reports prepared by ETM throughout the Procurement Process will be made available from time to time in the Data Room. The Developer will assume the existing agreement between the University and ETM upon execution of the Pre-Development Agreement. The Pre-Development Agreement contains additional terms regarding such assumption by the Developer. 6.2.2 Right to Form Team For the purposes of the Procurement Process and the subsequent execution of any contractual agreements, an individual or company, together with other individuals or companies, may form a bidding consortium that may eventually form a joint venture to enter into the contractual agreements with the University (each, a “Team”). However, for clarity, a Team member other than the primary developer entity (e.g., an architect or contractor) may participate on multiple Teams for purposes of the Procurement Process. 6.2.3 Proposer Authorized Representative Designation In the event a Proposer is a consortium, the Team must designate on Form A (Transmittal Letter) one of its members as the Team leader (i.e., Proposer Authorized Representative). The Proposer Authorized Representative will act as the contact point for the Team and will be authorized by all other Team members to act on their behalf for purposes of the procurement. To change its Proposer Authorized Representative, the Proposer must provide the University with written notice of the change, including the contact information for the new Proposer Authorized Representative. Each Proposer is responsible for ensuring that the name and contact information for its Proposer Authorized Representative is accurate and current at all times during the Procurement Process. Failure by a Proposer to follow the requirements set forth in this Section 6.2.3 may result in such Proposer failing to receive important communications from the University. The University is not responsible for any such failure. 6.2.4 No Changes in Proposer Team Following Proposal Submission A Proposer may not request approval of any changes in the Proposer’s organization or Subcontractors identified in its Proposal after the Proposal Submission Deadline. Subcontractor changes without the University’s prior approval may result in disqualification of such Proposer. By listing parties as Subcontractors, the Proposer agrees to make such Subcontractors available to complete work under the Pre-Development Agreement or applicable Development Agreement at whatever level the Project requires, within the framework of obligations for such Subcontractor set forth in this ITN, the Pre-Development Agreement, or applicable Development Agreement. 6.2.5 Collusion Prohibited; Prohibited Activities In connection with the ITN, Proposer collusion with other Proposers or employees thereof, or with any employee of the University, is prohibited and may result in Proposer disqualification. Any attempt by a Proposer, whether successful or not, to subvert or skirt the principles of open and fair competition may result in Proposer disqualification. Such disqualification or cancellation will be at no fault or liability whatsoever to the University. If a Proposer, or anyone representing the Proposer, offers or gives any advantage, gratuity, discount, bribe, or loan of any sort to the University, or its Board, officers, administrators, advisors, staff, or consultants, including agents or anyone representing any of the foregoing, at any time during the Procurement Process: (a) the University may immediately disqualify Proposer, and (b) the University may pursue litigation or other claims against Proposer for damages or injunctive or other relief. 6.3 Proposer’s Understanding of the ITN In responding to this ITN, the Proposer accepts the responsibility fully to understand the ITN in its entirety, and in detail, including making any inquiries to the University as necessary to gain such understanding. Section 7. General Provisions, Statement of Limitations 7.1 Conflicts of Interest 7.1.1 General Proposers are required to abide by State law. Proposers are advised that the University’s guidelines in this ITN are intended to augment applicable State law. Such applicable law will also apply to Teams and teaming and may preclude certain firms and their entities from participating on a Team. Proposers are advised to thoroughly review this Section 7.1 and other provisions of this ITN prior to Proposal submission to ensure compliance with the conflicts of interest policy for this ITN. By submitting its Proposal, each Proposer agrees that, if an organizational conflict of interest is thereafter discovered, the Proposer must make an immediate and full written disclosure to the University that includes a description of the action that the Proposer has taken or proposes to take to avoid or mitigate such conflicts. If an organizational conflict of interest that the Proposer knew or should have known about but failed to disclose is determined to exist during the procurement, the University may, at its discretion, disqualify the Proposer. If an organizational conflict of interest that the Proposer knew or should have known about but failed to disclose is discovered by the University and the Proposer subsequently enters into the Pre-Development Agreement or any Development Agreement, the University may, at its sole discretion, terminate the Pre-Development Agreement or applicable Development Agreement. 7.1.2 University-Determined Conflicts of Interest Other than as set forth in the ITN, each Proposer is prohibited from teaming with, receiving any advice from, or discussing any aspect of the Project or the procurement of the Project with any person or entity with an organizational conflict of interest, including, but not limited to: (a) Rieth Jones Advisors; (b) Rogers Towers PA; (c) Gunster Yoakley & Stewart PA; (d) Ballard Spahr LLP; and (e) Affiliates of any of the above. Such Persons are also prohibited from participating as a consultant or subconsultant to any Proposer. 7.1.3 Potential Conflicts of Interest As a general matter, any person or firm previously under contract with the University or the State in connection with the Project (including, without limitation, the preparation of preliminary plans, planning reports, or other project development products for the Project) may be able to participate on a Proposer’s Team if such Person first submits a written request, accompanied by an opinion of legal counsel explaining that a conflict of interest does not exist, seeking a determination of no conflict from the University. The University will review requests for conflicts of interest determinations received from Proposers and the specific details to determine whether a conflict of interest exists or where the appearance of a conflict of interest exists with respect to the University’s current and past contractor relationships. No such Person may participate on a Team following submission of any such request until that Person receives written confirmation from the University that they may participate, or may conditionally participate on a Team. The University reserves the right to place conditions upon any such determination of no conflict to assure compliance with applicable State and University policies, and to serve the best interests of the procurement and the Project. Upon written request, the University may grant exceptions to this policy only where the University determines that the Person’s involvement is in the best interest of the public and does not constitute an unfair advantage. As part of any conflicts determination requests, Proposers will provide information concerning any potential or apparent organizational conflicts of interest and disclose all relevant facts concerning any past, present, or currently planned interests that may present an organizational conflict of interest. Proposers will state how its interests or those of any of its Team members, consultants, contractors, or subcontractors, including the interests of any chief executives, directors, or key personnel thereof, may result in, or could be viewed as, an organizational conflict of interest. At a minimum, the relevant information must include detailed information about the scope of services provided to the University, identification of the contract or basis for having provided such services, the names of the Persons involved in providing such services (as relates to the Proposer), and the dates within which such services were performed (if not ongoing). The Proposer will also expressly state how such prospective Team member’s interests or those of any of its Team members, consultants, contractors, or subcontractors, including the interests of any chief executives, directors or key personnel thereof, may result in, or could be viewed as, a conflict of interest. 7.1.4 Anti-Kickback In compliance with FAR 52.203-7, the University has in place and follows procedures designed to prevent and detect violations of the Anti-Kickback Act of 1986 in its operations and direct business relationships. 7.2 Public Disclosure As an agency or subdivision of the State, the University is subject to Chapter 119, Florida Statutes, commonly known as the “Florida Public Records Law.” Proposers submitting business or other information pursuant to the ITN should consult the Florida Public Records Law, the Florida Sunshine Law located at Chapter 286 of the Florida Statutes (the “Sunshine Law”) and other implementing regulations concerning the release of such information to third parties pursuant to the Florida Public Records Law and the Sunshine Law, as this competitive solicitation is a public record. Any documents Proposers submit to the University in response to this competitive solicitation will also become a public record after the time periods described below and will similarly be subject to the Florida Public Records Law. As required by law, the University may respond to public records requests without providing Proposers whose documents have been requested any notice. Any such necessary disclosure of these documents or any other information pursuant to a public records request will not be considered a breach of any confidentiality provisions. A Proposer may be considered a contractor of a public agency as defined in Section 119.0701(1)(b), Florida Statutes, and may be required by law to keep and maintain public records related to its services; provide copies of, or allow inspection of, such public records to the University upon request; and ensure that exempt or confidential and exempt records are not disclosed except as authorized by law. Upon completion of the applicable agreement or performance of the services, the Proposer may transfer all public records related to the services to University, at no cost to University, or may keep such public records in accordance with the applicable State record retention requirements. If a Proposer chooses to transfer such records to University, such Proposer must destroy any duplicate records in its possession that are exempt or confidential and exempt from disclosure. THE UNIVERSITY CANNOT PROVIDE LEGAL ADVICE TO ANY PROPOSER REGARDING ITS LEGAL DUTIES; HOWEVER, IF A PROPOSER HAS QUESTIONS REGARDING THE APPLICATION OF THE FLORIDA PUBLIC RECORDS LAW TO THE PROPOSER’S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS ITN, CONTACT THE PROCUREMENT OFFICE. ALL PROPOSALS SUBMITTED AND OPENED BECOME SUBJECT TO THE PUBLIC RECORDS LAW SET FORTH IN CHAPTER 119, FLORIDA STATUTES, IF A PROPOSER HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE PROPOSER’S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THE PROJECT AGREEMENT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT PHONE:
+1 (555) 000-0000, EMAIL:
contact@example.gov, MAIL: PO BOX 113156, GAINESVILLE, FL 32611-3156. All information submitted by Proposers that they consider confidential proprietary information or a trade secret (as defined in the Sunshine Law) and not releasable to third parties outside the University, and its Board, staff, trustees, officials, members, advisors, consultants, contractors, vendors, agents, or representatives must be clearly and conspicuously so marked. Proposers will be solely responsible for protecting their own trade secrets or confidential proprietary information and will be responsible for all costs associated with protecting such information from disclosure. The University has no duty to defend proprietary or confidential information from any public records request. Proposal responses received by the University pursuant to this ITN are exempt from the provisions of the Florida Public Records Law until the time the University provides notice of a final decision or intended decision regarding award of the Pre-Development Agreement, at which point the Proposals become public record. 7.3 Protest Procedures Any protest to a University decision or intended decision with regard to this ITN is subject to Florida Board of Governors’ (BOG) Regulations 18.002 and 18.003. Any Proposer who files an action protesting a decision or intended decision must post at the time of the filing the formal written protest, a bond, payable to the University, in an amount equal to the lesser of 10% of the estimated value of the Proposer’s Proposal or 10% of the University’s estimated expenditure during the contract term or $10,000. The bond will be conditioned upon the payment of all costs which may be adjudged against the Proposer. In lieu of a bond, the University will accept a cashier’s check or money order in the amount of the bond. 7.4 Reserved Rights In connection with the procurement described in this ITN, the University reserves any and all of the rights available to it under applicable law, which rights will be exercisable by the University in its sole discretion. Such rights include the right to, with or without cause, and, with or without notice: (a) modify the Procurement Process, dates, Evaluation Criteria, evaluation methodology, Proposer responsibilities, or documentation described in this ITN for any reason or no reason; (b) develop the Project in any manner that it, in its sole discretion, deems necessary or desirable, including by modifying the scope of the Project; (c) withdraw or cancel this ITN in whole or in part at any time prior to the execution by the University of the Pre-Development Agreement, without incurring any cost obligations (except as otherwise set forth in this ITN) or liabilities to the Proposer or any of the Team; (d) issue a new invitation to negotiate after withdrawal or cancellation of this ITN; (e) appoint additional evaluation teams to review Proposals and seek the assistance of outside technical, financial, legal, and other experts and consultants; (f) waive deficiencies in a Proposal, accept and review a non-conforming Proposal, or permit clarifications or additional information to be submitted with respect to a Proposal; (g) make independent calculations with respect to numbers and calculations submitted in a Proposal for purposes of their evaluation; (h) hold meetings and interviews, and conduct discussions and correspondence, with one or more of the Proposers to seek an improved understanding of any information contained in a Proposal; (i) require confirmation of information submitted by a Proposer, require additional information from a Proposer concerning its Proposal, or require additional evidence of qualifications to perform the work described in this ITN; (j) seek or obtain data from any source that has the potential to improve the University’s understanding and evaluation of such Proposal; (k) terminate evaluations of Proposals received at any time; (l) reject any and all Proposals, or any submittals, responses, or other documents received at any time; (m) not select any Proposer for negotiations; (n) add as a Shortlisted Proposer any Proposer that submitted a Proposal in order to replace a previously selected Shortlisted Proposer that withdraws or is disqualified from participation in this procurement; (o) disqualify any Proposer that changes its Proposal without the University’s approval; (p) disqualify any Proposer from the Procurement Process for violating any rules or requirements of the procurement specified in (i) this ITN, (ii) any other communication from the University, or (iii) applicable law; (q) accept, reject, or seek additional information regarding a Proposer’s request to make any changes to its organization; (r) issue addenda, supplements, and modifications to this ITN; (s) design or construct some or all of the Project itself or through another State or a local government entity or entities, or adjust the terms or requirements thereof; (t) disclose information submitted to the University as permitted by applicable law or this ITN; (u) exercise any other right reserved or afforded to the University under this ITN or applicable laws and regulations; (v) exercise its discretion in relation to the matters that are the subject of this ITN as it considers necessary or expedient in the light of all circumstances prevailing at the time which the University considers to be relevant; (w) modify electronic document file names; and (x) enforce any and all Proposer obligations, administrative and otherwise, set forth in this ITN. Without limiting any of the foregoing, and for the avoidance of doubt, this ITN does not commit the University to select any Shortlisted Proposer or Selected Proposer, enter into the Pre-Development Agreement, or proceed with the procurement described in this ITN. In no event will the University be bound by, or liable for, any obligations with respect to the Project until such time (if at all) as the Pre-Development Agreement has been executed by the University and, then, only to the extent provided in the Pre-Development Agreement. Appendix A DEFINITIONS Except as stated otherwise herein and in this Appendix A, capitalized terms have the meanings ascribed in the Guidelines. “Affiliate” means, with respect to any person, any entity which, directly or indirectly, through one or more intermediaries: (a) has a 25% or more voting or economic interest in such Person or (b) controls, is controlled by or is under common control with such Person. “Board” means the Board of Trustees of the University. “City” has the meaning set forth in Section 1.1 herein. “Construction Contractor” means the entity (whether a single incorporated entity or an incorporated or unincorporated joint venture) with primary responsibility for the performance of construction work for the Project. “Data Room” has the meaning set forth in Section 1.6.2 herein. “Design Contractor” means the entity (whether a single incorporated entity or an incorporated or unincorporated joint venture) with primary responsibility for preparation of the detailed plans and specifications for construction of the Project. “Developer” means the entity identified, or otherwise established, by the Selected Proposer to enter into the Pre-Development Agreement. “Development Agreement” has the meaning set forth in Section 1.1 herein. “DIA” has the meaning set forth in Section 1.1 herein. “ETM” has the meaning set forth in Section 6.2.1 herein. “Evaluation Criteria” means the criteria set forth in Section 5 that will be used to evaluate and rank the Proposals. “FAR” means the Florida Administrative Rules. “Florida Public Records Law” has the meaning set forth in Section 7.2 herein. “FSI” has the meaning set forth in Section 1.1 herein. “Guarantor” means each parent company or other entity (in either case, if any) that is nominated by the Proposer that would support and guarantee the obligations of the Developer, the Design Contractor or the Construction Contractor. “Guidelines” has the meaning set forth in Section 1.1 herein. “Interview” has the meaning set forth in Section 3.1 herein. “ITN” means this Invitation to Negotiate and all applicable addenda. “ITN Documents” means this ITN and the Pre-Development Agreement. “ITN Questions” has the meaning set forth in Section 3.3 herein. “ITN Questions Response Date” is the date set forth in Section 3.2. “ITN Stage I” has the meaning set forth in Section 1.1 herein. “ITN Stage II” has the meaning set forth in Section 1.1 herein. “ITN Stage I Proposal” has the meaning set forth in Section 1.1 herein. “ITN Stage II Proposal” has the meaning set forth in Section 1.1 herein. “ITN Stage II Requirements” has the meaning set forth in Section 4.5 herein. “Nominated Subcontractor” means any subcontractor or subconsultant to the Design Contractor or the Construction Contractor identified by name in a Proposer’s Proposal. “Person” means an individual, a general or limited partnership, a joint venture, a corporation, a limited liability company, a trust, an unincorporated organization, or a governmental authority. “Pre-Development Agreement” has the meaning set forth in Section 1.1 herein. “Procurement Office” has the meaning set forth in Section 3.3 herein. “Procurement Portal” has the meaning set forth in Section 1.6.1 herein. “Procurement Process” means the procurement process to select a Developer to deliver the Project, as outlined in Section 5. “Project” has the meaning set forth in Section 1.1 herein. “Project Overview” has the meaning set forth in Section 1.1 herein. “Property” has the meaning set forth in Section 1.1 herein. “Proposal” has the meaning set forth in Section 1.1 herein. In the event that Proposal Revisions are requested, the term “Proposal,” means the original Proposal, as modified by the Proposal Revisions. “Proposal Revisions” has the meaning set forth in Section 5.1.3 herein. “Proposal Submission Deadline” means the ITN Stage I Proposal Submission Deadline or ITN Stage II Proposal Submission Deadline, as applicable, as set forth in Section 3.2 herein. “Proposer” has the meaning set forth in Section 1.1 herein. “Proposer Authorized Representative” means the Team member duly designated in the Proposal as the designated leader and point of contact for the Team for purposes of the procurement, as set forth in Section 6.2.3 of this ITN. “Redevelopment Agreement” has the meaning set forth in Section 1.1 herein. “Reference Information Documents” has the meaning set forth in Section 1.4.1 herein. “Selected Proposer” has the meaning set forth in Section 5.8.1 herein. “Shortlisted Proposer” has the meaning set forth in Section 3.1 herein. “Site A” has the meaning set forth in Section 1.1 herein. “Site B” has the meaning set forth in Section 1.1 herein. “Site Visit” has the meaning set forth in Section 3.5 herein. “State” means the State of Florida. “Subcontractor” means each of the following: (a) the Design Contractor; (b) the Construction Contractor; and (c) each Guarantor. “Sunshine Law” has the meaning set forth in Section 7.2 herein. “Team” has the meaning set forth in Section 6.2.1 herein. “University” has the meaning set forth in Section 1.1 herein. “Volume 1 Information” has the meaning set forth in the first paragraph of Volume 1. “Volume 2 Information” has the meaning set forth in the first paragraph of Volume 2. “Volume 3 Information” has the meaning set forth in the first paragraph of Volume 3. Appendix B ITN STAGE I SUBMITTAL REQUIREMENTS Volume 1 Administration Volume 2 Technical Volume 3 Project Terms/Pre-Development Agreement Volume 1 ADMINISTRATION The Proposer must provide each Proposal component listed in the below table in Volume 1 (“Volume 1 Information”). No. Proposal Component Form Page Limit 1.1 Completed Form A (Transmittal Letter) Form A N/A 1.2 Legal Structure N/A 2 pages 1.3 Completed Form C (Certification) for each Subcontractor Form C N/A 1.4 Completed Form D (Certification of Responsiveness; Pass/Fail Requirements) Form D N/A 1.1 Completed Form A (Transmittal Letter) Form A (Transmittal Letter) completed in accordance with the instructions on the Form. 1.2 Legal Structure Explain the proposed legal structure of the Proposer and the role of each key entity, including each Subcontractor and the Guarantor for each Subcontractor. Provide an annotated organizational chart identifying the Proposer’s organization, including each Subcontractor. Include in the chart the expected ownership share of each joint venture participant, if relevant. Proposers will be deemed to have acknowledged and agreed that participants of any joint venture must be jointly and severally liable to the University, and this ITN will require that Proposer joint venture organizational documents/agreement or otherwise expressly reflect the same. The Proposer may elect to identify by name all, some, or none of its anticipated construction subcontractors and design/engineering subconsultants within its submitted legal structure. Any subcontractor or subconsultant identified by Proposer by name within its submitted legal structure, or otherwise within its Proposal, will be and be deemed to be a Nominated Subcontractor, and subject to all applicable requirements set forth hereunder. For each Nominated Subcontractor, the Proposer must include the anticipated percentage of the work to be performed by such Nominated Subcontractor. The Project documents will reflect a requirement for the Developer to enter into agreements with Nominated Subcontractors. The legal structure section must not exceed two pages. 1.3 Completed Form C (Certification) Form C (Certification) for each Subcontractor completed in accordance with the instructions on the Form. If a Subcontractor is a joint venture, each member of the joint venture should submit a separate Form C (Certification). 1.4 Completed Form D (Certification of Responsiveness; Pass/Fail Requirements) Form D (Certification of Responsiveness; Pass/Fail Requirements) completed in accordance with the instructions on the Form. [End of Submittal Requirements for Volume 1] Volume 2 TECHNICAL The Proposer must provide each Proposal component listed in the below table in Volume 2 (“Volume 2 Information”). No. Proposal Component Form Page Limit 2.1 Statement of Interest N/A 3 pages 2.2 Organizational Chart N/A 2 pages 2.3 Project Development Understanding and Approach N/A 10 pages 2.4 Proposer Team Experience and Capability N/A 15 pages 2.5 Completed Form F (References) Form F N/A 2.1 Statement of Interest A narrative that describes the Proposer’s interest in the Project and key reasons why the Proposer is best qualified to serve as the Developer. 2.2 Organizational Chart An annotated organizational chart of not more than three pages in total for the Project that sets out the Proposer’s structure and teaming arrangements, including the Design Contractor and Construction Contractor, lists the Proposer’s key personnel roles for the Project, the relationship between each of them in their respective roles and their reporting lines in developing, designing, and constructing of the Project, in each case, consistent with the requirements pertaining to roles and relationships described in this ITN. Please provide the primary points of contact for the Developer and each Subcontractor, resumes, and a description of previous projects where the Developer and Subcontractor has collaborated previously. 2.3 Project Development Understanding and Approach A written statement describing the Proposer’s project development understanding and approach, and to include at a minimum discussion of the following: (a) Acknowledgement of review and understanding of the University’s and City’s standards and procedures provided in the Project Overview; (b) A milestone schedule commencing in March 2026 through Site A project opening. including a narrative and schedule illustration that demonstrates the critical path (and potential risks / constraints) for Site A delivery in December 2028. If a Proposer identifies significant risks in achieving the proposed timeline, such Proposer should identify specific constraint areas and should propose an alternate timeline demonstrating the earliest delivery date the Proposer could achieve for Site A; (c) Confidence with delivering the Project on (or below) budget and on schedule in alignment with the University’s established standards, and any specific concerns or recommendations regarding the base guidelines that will become a primary focus area for exploring alternative solutions with the University; and (d) Proposer’s existing or planned safety protocols, devices, or other distinguishing features that have assured safe conduct of the Project work. 2.4 Proposer Team Experience and Capability A written statement describing the Proposer’s relevant experience with respect to the delivery of the Project subject to the following requirements and parameters: (a) Proposer Overview. An overview of the Proposer’s approach to completing the Project and key reasons why the Proposer is well-qualified to serve as the Developer. (b) Relevant Project Examples. Provide up to four examples of the projects conducted by Proposer that best align with the Project. Project that are most applicable are those that demonstrate: (i) similarity of delivery structure and team structure for a higher education partner; (ii) similarity of asset type, size, scale, and location; and (iii) similarity with phasing strategy and building towards a larger district plan. Each example should, at minimum, give an overview of the project (including location, size, cost (total, per square foot), and delivery partner). (c) Value of Fee Developer. Describe your team’s fee developer experience in partnering with other higher education institutions and other applicable instances. Developers may include examples that utilized a 501(c)(3) financing structure. This narrative should also include the Proposer’s perspective of the value and risk transfer that the University will receive by engaging a fee developer. (d) Ability to Meet Budget and Schedule. Describe the Proposer’s recent experience with delivering similar projects on (or below) budget and on schedule. How did the Proposer’s Team add value in these projects? The University is seeking details that demonstrate the Proposer’s ability to maintain a development budget from early conceptual design through final design. Please identify if there were major program, scope, or design concessions needed from the institution to maintain budget. 2.5 Completed Form F (References) Form F (References) completed in accordance with the instructions on the Form. [End of Submittal Requirements for Volume 2] Volume 3 PROJECT TERMS/PRE-DEVELOPMENT AGREEMENT The Proposer must provide each Proposal component listed in the below table in Volume 3 (“Volume 3 Information”). No. Proposal Component Form Page Limit 3.1 Project Terms Form B N/A 3.2 Pre-Development Agreement Appendix E N/A 3.1 Project Terms The Proposer must submit one copy of Form B (Project Terms) setting forth the terms upon which the Proposer will perform the Project. Any response not compliant with the instructions set forth in Form B will be deemed unresponsive and may result in disqualification from this procurement. For purposes of ITN Stage I, each Proposer may provide its fee component of the Project Terms related to Site A and Site B based on the entire capital budget as if such budget were being deployed in a single project. Without limiting the Pre-Development Agreement, design firms are expected to understand the basic design services required for this Project. The Selected Developer will be expected to require specialty design consultants to perform all the requested services. Design firms should propose a fee structure based on the services that will be self-performed and identify services that will require supplementation by additional subject matter experts. 3.2 Pre-Development Agreement The Proposer is directed to the Pre-Development Agreement set forth in Appendix E (Form of Pre-Development Agreement) of this ITN. If a Proposer requires any modifications to specific language in the Pre-Development Agreement, the Proposer must provide written text and proposed edits in both “track changes” in Microsoft® Word and via a PDF redline. Notwithstanding the Proposer’s right to provide a mark-up of the Pre-Development Agreement, Proposers are required to base their Proposal on the terms and conditions of the Pre-Development Agreement. The Pre-Development Agreement template is drafted in a manner that the Developer will be responsible for funding all third-party expenses during the pre-development period. Proposers are requested to mark up the Pre-Development Agreement assuming that this is the approach. Additionally, all Project Terms proposed in Section 3.1 must assume that the Developer maintains this responsibility. If the Proposer is proposing any changes to this structure, such Proposer must submit an alternative mark-up of relevant sections of the Pre-Development Agreement and specify updates to Project Terms that would result. For clarity, narrative commentary on the Pre-Development Agreement will not be reviewed absent a corresponding mark-up of the Pre-Development Agreement that shows the specific changes being proposed. [End of Submittal Requirements for Volume 3] Appendix C FORMS - Forms below can be found in Buyer Attachments Form A – Transmittal Letter Form B – Project Terms Form C – Certification Form D – Certification of Responsiveness; Pass/Fail Requirements Form E – ITN Questions Form F – References