Section 3: Selection Process

3.0  General Information

In accordance with Federal Regulations and State Laws, only persons licensed by the Florida Division of Blind Services may participate in this solicitation for applications. Persons in the latter stages of On-The-Job training may also participate in anticipation of licensure. The information contained in the Facility Opportunity Announcement is representative only and may change without notice.

The sales estimates on each Announcement are either annualized based on a projection for new facilities or on available sales history for existing facilities. Future sales may fluctuate due to unforeseen changes in the business climate. Please remember that a previous vendor's management practice, or changes in a facility’s population, may impact the sales figures quoted. Business conditions may cause sales projections to increase or decrease after the Announcement is posted. Interested persons need to carefully evaluate the potential benefits and risks of each business opportunity for which they apply.

Staffing levels are not set by the BEP since it does not establish nor approve the number of employees it might take to conduct the facility’s business. However, since labor cost does impact profitability, each Announcement does have anticipated staffing patterns. Again, this information is based on the analyzed needs of the business, not any previous or current vendor’s management practice.

3.1  The Current Selection Process Protocol

A Statewide Selection Panel, consisting of five members; two appointed by the DBS and three appointed by the State Committee of Vendors, shall evaluate applicants against criteria prescribed in Chapter 6A-18.0425 of the Florida Administrative Code. In accordance with the Selection Process, endorsed by the State Committee of Vendors and approved by the Division of Blind Services, the following elements will be observed by the Selection Panel in evaluating an applicant’s credentials for each of the business opportunities offered. Each selection competition shall have three (3) primary components as described below.

1. Testing (40 Points)

All applicants shall take a test at the most convenient DBS Office on the date and time published on each vacancy announcement. All tests will be proctored by a DBS employee. Security measures will be taken to ensure statewide consistency with its administration.

Applicants should bring their own hand-held calculators for the math portion of the exam. Applicants taking the computerized version of the exam will be allowed to use the calculator installed on the BEP computer. To ensure the integrity of the testing process, no personal computer devices, i.e., iPhone, Tablet, etc., will be allowed to be used as a calculator.

Once the exam has begun, applicants will not be allowed to leave the room except in case of emergency.
Test questions shall measure the applicant's knowledge of information derived from the study guide resource material posted on the BEP website. The test questions may consist of multiple choice; fill in the blank; true/false; and business math word problems. There is no set number or mix of questions; questions will be scaled to achieve a total of forty points for the test.

2. Performance Review (25 Points)

a) Credit for Experience

Six (6) points at the rate of one tenth of one point (0.1) per month under a Type I or Type II LOFA. No extra points are given for persons holding concurrent LOFA’s.

b) Business Consultant Questionnaire

Ten (10) points for Business Consultant responses to a ten (10) item performance questionnaire. Each Consultant shall answer the following ten (10) questions concerning the business practices of applicants currently holding a LOFA in his or her Region.

• Does the vendor have proof of current business insurance?
• Does the vendor keep scheduled appointments with you for facility visitations?
• Does the vendor provide clearly posted contact information at the facility and all vending machines comprising the facility?
• Are all products maintained at correct temperatures? This includes freezers, refrigerators, dry storage areas and vending machines.
• Has the vendor resolved all valid complaints sent to you in writing by the host agency? (The absence of such complaints must be scored in the affirmative.)
• Does the vendor maintain an inventory to the levels necessary to support sales expectations of the facility?
• Have all documented cleaning or sanitation deficiencies been permanently corrected?
• Have all reports from suppliers involving unpaid invoices been resolved?
• Does the vendor have all licenses and permits required by law?
• Does the vendor comply with the requirement of maintaining a reasonable managerial presence at the facility?

Documentation is required for all “no” responses and may include, but not be limited to, copies of Facility Visitation Reports, Food Service Inspection Reports, Building Manager/Property Manager Correspondence and/or Customer Complaint Letters. If there is no documentation, then the “yes” response must be checked. If an applicant is not holding a LOFA at the time of the performance review, no points shall be achievable in this category.

The ten (10) points shall be awarded or prorated by the following methods:  Ten (10) points achievable for a vendor under a LOFA for the most recent thirty-six (36) consecutive months. Each “yes” response by the Consultant shall earn the vendor one (1) point. For vendors with less than thirty-six (36) months under LOFA, the achievable points will be calculated by multiplying the number of “yes” responses times the actual number of months under a LOFA divided by 36 months.

c) Meeting Net Profit Percentage Requirements

Applicants may receive up to nine (9) points for meeting net profit percentage requirements during the most recent thirty-six (36) consecutive months—divided into three (3) twelve (12) month periods. A maximum of three (3) points per twelve (12) month period may be earned in the following manner:

• Three (3) points for meeting the annualized net profit percentage required by the Type I or Type II LOFA across a consecutive twelve (12) month period.
• One quarter (.25) point for each month the targeted net profit percentage is achieved by vendors who have less than twelve (12) months duration under a LOFA.
• Net profit points will be pro-rated on an annualized basis for a) vendors who have over twelve (12) months but less than thirty-six (36) months duration under a LOFA or b) vendors who have experienced a change in facility type during a twelve (12) consecutive month period.
• Any vendor who has one (1) or more missing reports during a twelve (12) month consecutive period will earn zero (0) points for that period.
• If an applicant has concurrent LOFAs, Net Profit points will be determined upon their primary facility.

d) Performance Penalties

1. LOFA Cancellation for Breach or Abandonment: An applicant who’s LOFA has been cancelled for cause, defined as breach of contract or abandonment of the facility, or whose license has been suspended during the 36 months prior to the close of applications shall not be scored on any performance elements. Applicants in this category will be assessed an additional 15-point penalty, to be subtracted from the applicant's overall score. If such applicants have successfully completed mandatory retraining requirements established by the Agency, they will be scored on the same basis as new licensees and the 15-point penalty will be rescinded. A resignation tendered while the applicant is in breach of contract will be considered equivalent to LOFA cancellation for transfer and promotion purposes and the applicant will be scored accordingly. The BEP Operations Manager shall make this determination in writing to the Panel. There shall be no retroactivity of this determination.
2. Late Monthly Business Reports: Applicants will have one point deducted from their cumulative score for each month in which any one of their required monthly business reports are submitted late over the previous 36 months.
3. Warning Letters: Warning Letters are typically issued for operational deficiencies. Applicants will have two points deducted from their cumulative score for each warning letter issued during the previous 36 months.
4. Letters of Sanction: Letters of Sanction are typically issued for misconduct. Applicants will have five points deducted from their cumulative score for each letter of sanction issued during the previous 36 months.

3. Interview (35 points) 

To qualify for an interview, the applicant must achieve a combined test and performance review score which places them in the top five (5) scorers for any business opportunity for which he or she has applied. For clarification in the case of tie scores, for example, if the top individual scorers score 64, 64, 63, 63, 63 and 62, only the top five scorers (the five who scored 64 and 63) will be invited to be interviewed because 62 is not a score among the top five scorers. As another result of tie scores, it may be necessary for more than five applicants to be invited to be interviewed. For example, if the top scorers scored 65, 63, 62, 61, 61, and 61, six applicants will be interviewed because six individuals are among the top five scorers.

If an applicant currently holds a Type II LOFA on a business opportunity among those offered, he or she shall be interviewed even if he or she is not in the top five scores for that location. Copies of records provided to the Selection Committee will be provided to bidding licensees and vendors prior to the interview process. The Interview shall take not more than sixty (60) minutes. It shall be comprised of three parts: an informal “break the ice” component valued at 0 points; a structured interview component valued at 25 points; and an interactive component valued at 10 points.

a) “Break the Ice” Introductory Component:

At the start of the interview, the panel will ask the applicant a couple of general opening questions. This portion should last no more than five minutes and be conducted in a light and friendly manner to help put the candidate at ease. No points are to be awarded for this component.

b) Structured Interview Component:

Prior to the first interview, the Selection Panel will develop five (5) questions to be asked of each applicant. The Panel will then ask the five prepared questions. Each Panelist will independently evaluate the applicant’s responses to each question using a scale of zero (0) – five (5) points. Whole numbers are not required, and the Panel may decide to use whole points or fractions of points expressed as decimals if the method chosen is consistent across all interviews. The Panelists’ scores will then be averaged and added to determine the points achieved in this component.

c) Interactive Component:

Prior to each interview, the BEP Compliance Officer shall provide the Panel with pertinent documentation partially in the form of a synopsis from each applicant’s most current thirty-six (36) month period holding a Type I or Type II LOFA. Copies of records provided to the Selection Panel will be provided to the applicant prior to the interview process. This information may include but may not be limited to the following:

• Performance statistics generated from monthly business reports.
• Business Consultant Facility Visitation Reports
• Written letters of warning or sanction.
• Written correspondence between the Building Manager/Property Owner and the DBS
• Sanitation Reports
• Independent Customer Service survey results
• BEP State Office Facility Monitoring Results

Customer petitions, positive or negative, shall not be considered since the signatures cannot be verified. For applicants licensed within 12 months of the interview, and/or who have never had a Type I or II LOFA, final narrative reports from Daytona training and On-The-Job Training reports will be used in addition to any of the other stated performance documentation.

To begin this interactive component, applicants will be given up to five (5) minutes to make a general presentation of his or her qualifications and experience. This is the time the applicant is given the opportunity to “sell” him/herself and state the reasons he/she is best qualified to operate the facility.

Following the applicant’s presentation, the Panel will ask the applicant questions related to their presentation for clarification and to address any inconsistencies between the documentation reviewed and his or her presentation. They will also use the provided documentation to ask additional questions related to substandard performance to allow the applicant to respond to those reports. One question might be to ask the applicant how much research they have done on a desired facility.

Each Panelist shall determine the point value of the discussion with the applicant using a scale of zero (0) – ten (10) points. Whole numbers are not required, and the Panel may decide to use whole points or fractions of points expressed as decimals if the method chosen is consistent across all interviews. Each Panelist shall independently score the applicant’s responsiveness to the Panel’s inquiries. These scores will then be averaged to determine the points achieved in this component.

Applicants who participate in the interview phase of the Selection Cycle are not to share any information related to questions asked by the Selection Panel until after the entire interview process is completed. The giving or receiving of information related to interview questions may result in disqualification from the Selection Cycle

Credit for Distressed Facilities (Up to 5 Points)

A vendor who seeks a Type I LOFA while still holding a Type II LOFA for a facility that is previously determined as distressed due to reversible causes is eligible to receive a maximum of five (5) credit points in the selection for that facility only if he or she has significantly improved the overall performance and viability of the facility. Interstate highway rest area facilities are excluded from this credit determination. To earn this credit, the applicant shall be required to obtain and submit the following documentation to the Selection Panel:

• Written determination by the BEP Operations Manager or BEP Bureau Chief that the Facility qualifies for the credit.
• Written recommendation of the Business Consultant responsible for the Facility that the applicant has achieved significant improvements while under a Type II LOFA.
• Written recognition by the Property Owner/Building Manager that the building population is encouraged by the efforts of the applicant.
• Performance comparisons based on Monthly Business Reports data that show increases, for example, in Gross Sales and Net Profit, for the time under the Type II LOFA compared to an equivalent time frame of the previous vendor.

Each Panelist shall independently score the applicant’s documentation, using a sliding scale of zero (0) to five (5) points. The Panelist’s scores will then be averaged to determine the credit points to be added to the applicant’s overall score.

Selection Panel Recommendations

The Selection Panel is entrusted to recommend people whom they feel are qualified to successfully manage a facility. Likewise, if the Panel feels some or all the candidates do not have the ability to manage a location, the Panel may recommend the facility be re-advertised or it may recommend a candidate with a lower overall score. In such instances, the Panel is obligated to explain in writing its reasoning for making such a determination. The final decision to offer a facility to a particular applicant is the responsibility of the Bureau Chief.

Tie Breaking Mechanism

If a numerical tie occurs between two or more applicants, the winner will be determined by the following procedure. First Tie Breaker:  The award will be given to the applicant with the greater number of months under LOFA since January 1, 1997. Second Tie Breaker: The award will be given to the applicant who has the earliest license issuance date.

3.2  Other Selection Process Issues

An applicant may take the test at the most convenient of the DBS 12 District Offices, but only on the date and at the time set by the DBS. The interviews will be held at an announced location, usually in Tampa or Orlando, Florida. Applicants will be notified by email as to the times and locations for both the test and the interviews. Travel arrangements and expenses incurred to attend tests and/or interviews shall be each applicant’s responsibility.

Some property owners may require an incoming vendor to pass a security or drug screening to access their property. Failure of such screenings will disqualify the candidate for that business opportunity only.

Successful applicants shall also be responsible for any relocation costs as well as start-up business expenses upon approval of a LOFA; such approval being contingent on satisfactory resolution of all outstanding financial obligations with the Business Enterprise Program.

Successful applicants will be issued a Decision Form on which they are to indicate whether or not they choose to accept the facility which they were awarded. Decision forms are to be returned to the State Office no later than three business days from the date the form was received by the applicant. Transition into the new facility will be scheduled by the Business Consultant within 1 – 3 months after acceptance. Exceptions to this timeframe must be approved by both the BEP Bureau Chief and the Committee of Vendors Chairperson.

3.3  Business Opportunities

To apply for any posted business opportunities, licensees and vendors must complete a Business Opportunity Application (Form DBS 007) in its entirety. Applications are available via the local DBS office, the local BEP Consultant, or the DBS Web site. The application must include the applicant’s name, current mailing address, email address and phone number(s). Application forms must be received by the BEP State Office no later than close of business (5:00 P.M. Eastern Time) on the posted deadline date. Applications may be submitted via mail, email, or fax. Any application received after close of business (5:00 P.M.) on the posted deadline date will not be considered for the business opportunities listed.

Following the Statewide Selection Process, applicants will be notified which facilities, if any, for which they were recommended. The applicant will then be sent a Business Opportunity Decision form to verify their decision. This form must be returned and received by the BEP Compliance Officer no later than three business days from the date the applicant received it. Failure to respond within this period may result in the DBS withdrawal of its offer.

3.4  Vendor Residence Vicinity Requirement

A licensee or vendor who accepts a Type I Licensed Operator Facility Agreement (LOFA) appointment to a BEP facility is required to establish legitimate physical residency at not more than seventy-five (75) verifiable driving miles from the facility. The DBS shall allow the vendor up to thirty (30) calendar days from execution of the Type I LOFA to comply with this requirement. The DBS may grant an extension of not more than thirty (30) calendar days if the vendor demonstrates a compelling reason for the additional time. Failure to comply shall be considered a material breach of the Type I LOFA and the contract shall be cancelled. This policy also serves to restrict a current vendor from moving more than seventy-five (75) verifiable driving miles away from a facility they currently operate under a Type I LOFA.

The DBS reserves the right to ask the licensee or vendor to verify proof of their new residential address by providing any two (2) of the following documents:

• Deed, mortgage, monthly mortgage statement or residential rental agreement.
• Florida Voter Registration Card
• Florida Vehicle Registration or Title
• Florida Boat Registration or Title
• A utility hook up or work order
• Utilities bill
• Medical or health card
• Medical bill
• Homeowner’s insurance policy or bill
• Automobile insurance policy or bill
• Educational institution transcript forms
• W-2 form or 1099 form
• Mail from financial institutions, including checking, savings, or credit card statements.
• Personal mail that does not list the recipient as “occupant” (i.e., magazines, journals, etc.)

3.5  Outstanding Debt Prohibition

Licensees and vendors may not be permitted to apply for posted business opportunities or sign a Licensed Operator Facility Agreement (LOFA), either a Permanent Type I LOFA or a Temporary Type II LOFA, if they have any current outstanding debt owed to the BEP Program. This includes working capital shortage from any previous facility, or any money owed to the BEP for any reason.

Licensees and vendors will be required to repay any outstanding debt via a money order or cashier’s check prior to participating in the Selection Process or signing any LOFA.

If a Working Capital shortage is discovered at the time of a facility changeover, the shortage must be paid in full by the outgoing vendor via money order or cashier’s check, prior to the outgoing vendor signing a LOFA for any facility. Based upon consideration of aggravating and mitigating factors present in an individual case, and after consultation with the chairperson of the State Committee of Vendors, the DBS may permit a licensee or vendor to apply for or sign a Temporary Type II LOFA, not to exceed 18 months in duration, provided they enter into and abide by the stipulations of a repayment plan with the DBS.

3.6  Selection Cycle Application Instructions

There are four ways you can obtain an application to apply for any available Facilities.

• Request a Business Opportunity Application (DBS 007) from your local District Office.
• Contact your Regional Business Enterprises Consultant and request that they provide you a Business Opportunity Application (DBS 007).
• The Business Opportunity Application, in Word, is available to be downloaded from the BEP website.
• Call the BEP State Office at 850-245-0350 and request that one be mailed, faxed, or emailed to you.

The Business Opportunity Application must be completed in its entirety. Provide your name with the correct mailing address, email address and telephone number(s) where you can be reached. A single application may be used to apply for multiple Facility listings that share the same deadline date. Page one (1) of the application provides a space where you designate by the Facility number the opportunities of interest to you. You will only be considered for those opportunities so designated when the application period closes. The Business Opportunity Application must be signed and dated.

All applications for any of the posted business opportunities may be mailed, faxed, emailed, or delivered by hand if the following deadline submittal requirements are met. All applications regardless of transmittal method should be sent to the attention of the BEP Compliance Officer in Tallahassee. An application may be mailed or delivered by hand to the following address:

Division of Blind Services
Business Enterprise Program
325 West Gaines Street, Suite 1114
Tallahassee, Florida 32399-0400

Applications may be emailed to the BEP Compliance Officer or faxed to (850) 245-0364. Any application not received in accordance with the prescribed deadline will not be considered. If you have questions on the application process, contact your Regional Business Enterprise Consultant or the BEP Compliance Officer.