2-1.0 Instructions to Offerors Final Version.pdf

ITN NUMBER 25-017 ITO Page 1 of 15

1.0 - INSTRUCTIONS TO OFFERORS AND

INVITATION TO NEGOTIATE (ITN) REQUIREMENTS

1.1 CONTRACTING AGENCY

The contracting agency is the South Florida Regional Transportation Authority (“SFRTA” or the “Authority”), a body politic and corporate, a public instrumentality and an agency of the State of Florida, established pursuant to Chapter 343, Florida Statutes. SFRTA is governed by a 10-member appointed Board. All SFRTA procurement activities are governed by the SFRTA Procurement Policy.

1.2 GOALS OF THIS INVITATION TO NEGOTIATE

SFRTA is seeking Replies from qualified Offerors to:

A. Provide SFRTA with an integrated Enterprise Resource Planning (“ERP”) System compliant with specifications provided in this ITN document as well as Attachment C – Functional and Requirements.xlsx. The Authority requires responding Offerors to propose a solution, including all required software and hardware, that meets the requirements of the solicitation documents.

B. Provide SFRTA with project management, implementation services, managed services, and other technology services as provided in the solicitation documents for the entire scope of the ERP project that may or may not include components owned by the Offeror. To the extent the Offeror is able, the Authority is looking for the Offeror to conduct a thorough business analysis at the start of each module and to provide the Authority with an out-of-the-box system using its best practices and experience as a model.

SFRTA intends to enter into a contract with the responsive Offeror deemed most highly qualified and that will provide Best Value to SFRTA.

“Best Value” means the most advantageous method or solution for achieving a certain goal or solving a particular problem or need identified by SFRTA based on factors including but not limited to price, technical approach, length of delivery schedules, quality, design, prior experience, and workmanship.

The solution provided pursuant to this ITN will allow SFRTA to operate an integrated ERP System that provides the Authority with core Finance and Human Resources functionality including the modules listed above.

The final Contract award shall be made by the SFRTA Board.

1.3 PURPOSE

The purpose of this ITN is to provide guidelines and requirements for submission of Replies for the implementation of the Project described in the Contract Documents, including Section 4.0 Scope of Services. The Contract Documents outline the required elements of each Reply.

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This Section 1.0 Instructions to Offerors describes the schedule of events, the ITN process, evaluation criteria, the Offeror award process, and Contract execution requirements.

Unless specifically defined herein, any capitalized terms shall have the meaning assigned to them in Section 2.0 General Terms and Conditions.

1.4 SCHEDULE OF EVENTS

Key milestone dates associated with the submission of a Reply are listed below:

ACTIVITY DATE TIME

(EDT)

ITN Advertised/Availability 9/3/25 N/A

Pre-Proposal Conference 9/16/25 2:00 PM

Last day for Questions 10/1/25 3:00 PM

Due Date for Replies 10/15/25 3:00 PM

Evaluation Committee Meeting November 2025 TBD

Vendor Interviews / Demonstrations

December 2025 TBD

Evaluation Committee Meeting December 2025 TBD

Contract Award TBD TBD

Note all dates and times above are subject to change at SFRTA’s discretion.

1.5 PRE-PROPOSAL MEETING

SFRTA will conduct an optional Pre-Proposal Meeting at the date and time shown under Section

1.4. The meeting will be held via telephone or video conferencing. Details for accessing the meeting will be posted to Bonfire. ATTENDANCE AT THIS MEETING IS NOT

MANDATORY.

The purpose of the Pre-Proposal Meeting is to provide an open forum for SFRTA to review the ITN and the Project with the prospective Offerors and to respond to any questions on the ITN and/or the Project.

1.6 BONFIRE E-PROCUREMENT INSTRUCTIONS

1.6.1 All Offerors shall have a Bidding System Vendor account and be registered as a vendor/contractor for this bid opportunity, which will enable the Offeror to download the solicitation document, to receive addenda email notifications.

1.6.2 To ensure receipt of the latest information and updates via email regarding this solicitation, ITN NUMBER 25-017 ITO Page 3 of 15 or if an Offeror has obtained this solicitation document from a third party, the onus is on the Offeror to create a Bidding System Vendor account and be registered as a Vendor/Contractor for the solicitation opportunity.

1.6.3 ELECTRONIC BID SUBMISSIONS ONLY, shall be received by the Bidding System.

Hardcopy submissions are not permitted.

1.6.4 Offerors are cautioned that the timing of their Reply Submission is based on when the Reply is RECEIVED by the Bidding System, not when a Reply is submitted, as Reply transmission can be delayed due to file transfer size, transmission speed, etc.

1.6.5 For the above reasons, it is recommended that enough time to complete your Reply Submission and to resolve any issues that may arise is allowed. The closing time and date shall be determined by the Bidding System's web clock. Offerors should contact Bonfire support listed below, at least twenty-four (24) hours prior to the closing time and date, if they encounter any problems.

1.6.6 The Bidding System will send a confirmation email to the Offeror advising that their Reply was submitted successfully. If you do not receive a confirmation email, contact Bonfire support at https://tri-rail.bonfirehub.com/portal/support.

1.6.7 Late Reply Submissions are not permitted by the Bidding System. To ensure receipt of the latest information and updates via email regarding this ITN, or if an Offeror has obtained this Solicitation Document from a third party, the onus is on the Offeror to create a Bidding System Vendor account and register as a Plan Taker for the proposal opportunity.

1.6.8 Offerors may edit or withdraw their Reply Submission prior to the closing time and date.

However, the Offeror is solely responsible to ensure the resubmitted Reply is received by the Bidding System no later than the stated closing time and date.

1.7 ORAL INSTRUCTIONS AND COMMUNICATIONS

1.7.1 Oral Instructions. No negotiations, decisions or actions shall be initiated or executed by an Offeror as a result of any oral discussions with any SFRTA Board member, employee, or consultant.

No interpretation of the meaning of the Contract Documents and no correction of any apparent ambiguity, inconsistency or error therein will be made orally to any Offeror. All such interpretations and supplemental instructions will be issued to all Offerors in receipt of this ITN, in the form of written Addenda/Addendum, as indicated in Section 1.8. Only those communications that are in writing from SFRTA shall be considered as a duly authorized expression on behalf of

SFRTA.

Also, only written communications from Offerors will be recognized by SFRTA as duly authorized expressions on behalf of the Offeror.

Questions related to the solicitation are to be submitted to the Purchasing representative through the on-line Bidding system only by clicking on the “Ask a Question” button for this specific bid opportunity. Changes, if any, to the technical specifications or ITN procedures will only be transmitted by a written addendum which will be posted and must be acknowledged by Offeror. In order for questions to be answered in a timely manner, they must be received no later than the date and time specified in Section 1.4 above. Written questions received after the date https://tri-rail.bonfirehub.com/portal/support

ITN NUMBER 25-017 ITO Page 4 of 15 specified in Section 1.4 may not be answered. Offerors are responsible for ensuring that their questions have been received by SFRTA.

1.7.2 CONE OF SILENCE PROHIBITION ON COMMUNICATIONS.

EXCEPT AS PROVIDED FOR BELOW, ANY COMMUNICATIONS BETWEEN ANY

POTENTIAL VENDOR, SERVICE PROVIDER, OFFEROR, LOBBYIST OR CONSULTANT

AND ANY BOARD MEMBER, EMPLOYEE, COMMITTEE MEMBER, OR

CONSULTANT/CONTRACTOR OF SFRTA REGARDING THIS PROCUREMENT ARE

STRICTLY PROHIBITED FROM THE DATE ON WHICH THE SOLICITATION

ADVERTISEMENT APPEARS ON SFRTA’S WEBSITE OR NEWSPAPER THROUGH THE

DATE OF CONTRACT AWARD OR FROM THE DATE OF THE FILING OF ANY NOTICE

OF PROTEST OF AWARD THROUGH RESOLUTION FOR THE PARTIES INVOLVED IN

THE PROTEST OR CONTRACT AWARD, WHICHEVER IS LONGER.

The only exceptions to the Cone of Silence are: (i) any communications with the SFRTA Chief Contracting Officer or SFRTA’s designated point of contact; (ii) site visits to the apparent successful Offeror’s facilities (iii) any communications made on the record at a publicly noticed meeting of SFRTA, or (iv) negotiation meetings held by the Chief Contracting Officer.

1.8 ADDENDA AND CLARIFICATION

In the event that SFRTA finds it necessary to supplement or modify any portion of the ITN during the Reply preparation period, such procedure(s) shall be accomplished by issuance of written Addenda. Addenda will be posted to Bonfire.

All Addenda will be in writing from SFRTA with content and number of pages described to all Offerors. Each Offeror must acknowledge receipt of all Addenda by signing the acknowledgment in the Addendum Acknowledgment on the Reply Form (Exhibit 2). In the event of conflicts in the Addenda, the most recent Addendum will govern.

Addenda subject matter takes the same precedence of the respective subject matter that it is modifying. In the event of conflicts in the addenda, the most recent addendum will govern.

Reference herein to the ITN shall include all addenda, unless specifically noted.

1.9 RESERVED

1.10 SUBCONSULTANTS AND SUBCONTRACTORS

All Subconsultants or Subcontractors are subject to SFRTA approval. SFRTA reserves the right to reject any and all Subconsultants or Subcontractors listed by the Offeror and bears no responsibility or liability to the Offeror or Subconsultants or Subcontractors for any commitments made regarding the use of particular Subconsultants or Subcontractors for the Project.

The Offeror shall provide a list with its Reply of all Subconsultants and Subcontractors that may perform Services on the Project. No changes to the list of Subconsultants and Subcontractors can be made after the deadline for submitting of Replies without prior, written approval by SFRTA.

Subconsultants and Subcontractors shall have been successfully engaged in the particular type of business for a reasonable period of time and be qualified both technically and financially to

ITN NUMBER 25-017 ITO Page 5 of 15 perform the Services for which they are listed.

Subconsultants or Subcontractors failing to meet the above requirements shall be replaced by the Offeror at no additional cost to SFRTA, and substitutes are subject to SFRTA's approval.

1.10.1 Teaming. Offerors must select between submitting as a Prime Contractor (the “Offeror”) or a Subcontractor when responding to this solicitation. Firms electing to submit as a Prime Contractor may only respond once to this solicitation. In other words, Prime Contractors are limited to participation on a single team. If submitting as a Prime Contractor, an Offeror may not participate as a Subcontractor on another Reply for the same solicitation. If an Offeror fails to adhere to these restrictions and participates in more than one Reply, then the ITN Reply which includes the Offeror as a Prime Contractor shall be found non-responsive.

1.11 RIGHT TO REJECT

1.11.1 GENERAL

This ITN is an invitation to negotiate and is for discussion purposes only. It is not an offer, contract or agreement of any kind. Neither SFRTA nor the Offeror shall have any legal rights or obligations whatsoever between them and neither shall take any action or fail to take any action in reliance upon any part of these discussions until the proposed transaction and definitive agreement is approved by SFRTA and executed by both parties. This ITN shall not be considered an offer. The terms of any transaction, if pursued, shall not be final nor binding on either party until a Contract is executed by the parties. This ITN may be modified or withdrawn by SFRTA at any time.

1.11.2 RESPONSIVENESS OF REPLIES AND DISQUALIFICATION.

All Replies must be in writing. A responsive Reply is an offer which complies with and conforms to the requirements of the ITN. Replies which, in the opinion of SFRTA, are non-responsive will be rejected. Replies may be rejected if found to be conditional, irregular or not in conformance with the requirements and instructions contained herein. A Reply may be found to be irregular or non-responsive for reasons including failure to utilize or complete forms, conditional Replies, incomplete Replies, indefinite or ambiguous Replies and improper and/or undated signatures. All Replies must be typed.

SFRTA’s Chief Contracting Officer shall perform an initial responsiveness determination of Replies received and may utilize SFRTA Procurement staff and may consult with SFRTA consultants to assist with his/her review.

The Price Proposals included in each Offer will be used for evaluation purposes and Price Proposals may be subject to negotiation between the parties. Notwithstanding the foregoing, Offerors shall honor the prices set forth in the Price Proposals if accepted in writing by SFRTA.

Price Proposals shall contain only SFRTA Price Proposal forms. All blanks are to be filled in with requested pricing information. No modifications, comments or other writing remarks shall be contained on the Price Proposal forms. No other sheets of paper are to be included with the Price Proposal envelope other than the SFRTA forms. Failure to follow these simple instructions will result in Proposals being found nonresponsive. Unless otherwise stated by SFRTA, all questions or request for changes to the Solicitation Documents may only be submitted during the question and answer period.

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Offerors are not to mark their Price Proposals with the words “confidential”, “proprietary” or “trade secret”. All Proposals, generally, are public records subject to the provisions of Chap. 119, Fla. Stat., unless there is a specific exemption that applies to some portion of the Technical Proposal. Only those pages to which a public records exemption applies shall be marked as “confidential”, “proprietary” or “trade secret” with the correct statutory citation for the exemption stated on each page containing information that the Offeror claims is exempt. For every page marked “confidential”, “proprietary” or “trade secret”, the Offeror shall provide, in compliance with Florida law, the same page with such information redacted.

1.11.3 CONDITIONS CAUSING DISQUALIFICATION OF OFFERORS.

Replies shall address the minimum requirements set forth in the Contract Documents. Other conditions, which may cause rejection of Replies, include, but are not limited to, an Offeror submitting more than one Reply, evidence of collusion among Offerors, obvious lack of experience or expertise to perform the Work, failure to perform or meet financial obligations for previous contracts, or evidence that an Offeror has a financial interest in another Contractor for the Services under this ITN.

Replies may be rejected if more than one Reply is received from an individual, Firm, partnership, or corporation, or combination thereof, under the same or different names. Such duplicate interest may cause the rejection of all Replies in which such Offeror has participated.

1.11.4 WAIVERS.

SFRTA, at its sole and absolute discretion, reserves the right to waive minor informalities or irregularities in this ITN or in the Replies received as part of this ITN; where such is merely a matter of form and not substance, and the correction or waiver of which is not prejudicial to other Offerors. Minor irregularities are defined as those that will not have an adverse effect on SFRTA’s interest and will not materially affect the price of the Replies by giving an Offeror an advantage or benefit not enjoyed by other Offerors.

1.12 MODIFICATION, RE-SUBMITTAL AND WITHDRAWAL OF REPLIES

An Offeror may submit a modified Reply to replace all or any portion of a previously submitted Reply up until the due date and time shown in Section 1.4; only the latest version of the Reply will be considered and evaluated. Any such revisions must be clearly provided so that no determination by SFRTA is necessary as to the portion of the Reply to be replaced or modified.

Replies may be withdrawn prior to the due date and time shown in Section 1.4. Modifications and withdrawals will be done via Bonfire.

1.13 REPLY SUBMITTAL REQUIREMENTS

1.13.1 Replies shall consist of five parts: (1) a Reply consisting of a Technical Proposal (2) the completed Required Documents and forms included in attachment 1.0a - Exhibits Sections.docx,

(3) responses to the questions in Attachment A – Offeror Questionnaire.docx (4) a pricing proposal utilizing the document in Attachment B – Pricing Forms.xlsx and (5) Responses to the technical requirements included in Attachment C – ERP Functional and Technical Requirements.xlsx.

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Please note: Each attachment must be returned in the exact format provided with no additional macros, formulas, columns, modifications, or passwords. Failure to adhere to this requirement can result in disqualification of the entire proposal.

Required Documents included in 1.0a – Exhibits Sections:

Reply Form, including acknowledgement of all addenda

Contractor’s Qualification Certification

Drugfree Workplace Certification

Truth in Negotiation Certificate

E-Verify Certification

Certification Scrutinized Companies Offeror’s Financial Information

Human Trafficking Affidavit

Required Federal Forms included in 1.0a Exhibits Sections:

Schedule of Subcontractor Participation

Offeror’s List of Subcontractors

Federal Tax Liability and Recent Felony Convictions Certification

Debarment & Suspension (NonProcurement) Certification

Restrictions on Lobbying and Non-Collusion

Affidavit/Certification Contractor Acknowledgement

1.13.2 Replies shall be received only from those Offerors that obtained documents from SFRTA via Bonfire.

1.13.3 All Replies must be received by the date and time shown in Section 1.4 of the ITN. Replies received after that time and date will not be considered.

1.13.4 Failure to acknowledge all Addenda on the Reply Form (Exhibit 2) issued by SFRTA may be cause for rejection.

1.13.5 Replies MUST be structured in the format outlined by SFRTA in Section 1.16 of the ITN.

Replies that do not meet this requirement may be rejected.

1.13.6 All Replies and associated forms shall be completed and notarized (if applicable), signed and dated by a duly authorized representative of the Offeror.

1.13.7 All Replies are required to be offered for a term not less than 180 calendar days in duration.

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A Reply may not be modified, withdrawn, or canceled by the Offeror during the 180-day period following the time and date designated for the receipt of Replies. It is the Authority’s intent to procure the software solution that meets the long-term criteria for the Authority. The Authority, during the selection process, may decide to purchase a subset of the Reply components with the initial contract. The Authority requires that Offerors agree for a period of three years from the date of the Reply to honor software and services pricing established within the Offeror’s response for proposed components that are not included in the Authority’s initial purchase. The price of the proposed components can only be increased by the Offeror during such time by an amount equal to the annual CPI-U adjustment for the region or 3%, whichever is less.

1.13.8 The Technical Proposal must have a minimum font size of 12 pt. Technical Proposals are not to exceed 300 single-sided pages (exclusive of the cover letter, table of contents, section dividers, and Required Documents). Technical Proposals that do not meet these requirements may not be accepted for review. Technical Proposals exceeding the page limit may have pages removed that exceed the 300-page limit. The decision to deem a Reply non-responsive for failing to comply with the 300-page limit, or to remove certain pages to reduce the Technical Proposal to the 300-page limit shall be determined by SFRTA’s Chief Contracting Officer at his/her sole and absolute discretion and shall be made during the initial responsiveness determination. If the SFRTA Chief Contracting Officer decides to remove pages from the Technical Proposal, the amended Technical Proposal shall be the version submitted to the Evaluation and Negotiation Committee. By submittal of the Reply, the Offeror is explicitly agreeing to be bound by the SFRTA Chief Contracting Officer’s decision regarding this issue and agrees that no protest of this Procurement can be made regarding any decision by the Chief Contracting Officer of this issue.

Offerors not submitting Replies, but wishing to continue receiving Advance Notice of Solicitations, must return the No Submittal Notice found in the Reply Package.

1.14 REPLY CONTENT

The Reply shall consist of a Technical Proposal, Required Forms, Technical Requirements Response, Vendor Questionnaire, and a Price Proposal. The Technical Requirements and Price Proposal must be submitted in the exact format provided with no additional macros, formulas, new columns, modifications, or passwords. PDF versions of the Technical Requirements and Price Proposal attachments will not be accepted and the failure to adhere to this requirement can result in disqualification of the entire Reply.

1.14.1 TECHNICAL PROPOSAL

The Technical Proposal shall address the requirements for this Invitation to Negotiate as stated in the Scope of Services. The Technical Proposal will be scored using the criteria shown on the ITN Evaluation Criteria provided in Exhibit 1. Each criterion has an established percentage weighting.

The Technical Proposal should summarize and describe the proposed solution beyond what is asked in Attachment A – Offeror Questionnaire.docx. Do not include pricing in this document.

Please provide a concise response. Offerors do not need to repeat information provided in other attachments. This document should focus on key differentiators and selling points of your system and services.

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To facilitate the analysis of responses to this ITN, the Technical Proposal should be organized into the following major sections with all parts, pages, figures, and tables clearly numbered and labeled:

1. Cover Letter

2. Table of Contents

3. Executive Summary

4. Company Overview

a. Include any subcontractors that are part of your proposal

5. Application Software

a. Hosting model

b. Key functionality

c. Updates and new releases

d. Integration capabilities

e. Data analysis capabilities

6. Implementation

a. Overview of approach including phases or stages and anticipated duration for this client

b. Project management approach

c. Vendor and client staffing including division of responsibilities

d. Configuration and process design approach

e. Data conversion

f. Testing approach

g. Training approach

i. SFRTA would like information on both end-user and train-the-trainer style training options

h. Final cutover/transition to new system

7. On-going support

a. Support provided as part of subscription fees

b. Methods of contacting support

1.0a – Exhibits Sections

Please complete the required forms

Attachment A – Offeror Questionnaire.docx This attachment will be used as a guided tool for Offerors to answer specific questions about their software, methodology, approach, and more. This attachment will allow Offerors to provide detailed information on their proposed solution and approach. Offerors are required to answer all questions in the form. Failure to respond to all questions can result in disqualification of the entire proposal. There is no page limit for this attachment; however, clear and concise responses to each question are preferred and generic sales information should be kept to a minimum.

Attachment B– Pricing Forms.xlsx Please complete the pricing forms that have been provided in the associated Microsoft Excel pricing spreadsheet. It is the responsibility of the Offeror to ensure the accuracy of the pricing provided as part of your response. Any errors in providing an accurate price response due to inaccuracies in the

ITN NUMBER 25-017 ITO Page 10 of 15 provided templates are the sole responsibility of the responding Offeror. SFRTA requires a firm, fixed price for this project. License pricing should be provided to allow for SFRTA’s current user count as defined in attachment 4.0 SOW ERP System Selection Project.docx with an allowance for nominal growth in future years.

Attachment C – Functional and Technical Requirements.xlsx Offerors will use the Microsoft Excel spreadsheet to respond to the requirements of this ITN must be provided in this section of the Offeror’s Reply. Offerors must use the Attachment C – Functional and Technical Requirements.xlsx attachment to this RFP. Please note: The response to these requirements must be submitted in the exact format with no additional macros, formulas, new columns, modifications, or passwords. Failure to adhere to this requirement can result in disqualification of the entire proposal.

1.14.2 SFRTA REQUIRED DOCUMENTS

Offerors shall complete and notarize where applicable the Required Documents identified in Section 1.13.1 of the ITN

Financial Information

This section shall include relevant information regarding the financial stability and strength of the Offeror. Each Offeror shall provide a copy of the most recent Dun and Bradstreet report. A parent company Dun and Bradstreet report is acceptable. A copy of the most recent audited financial statements will be accepted if a Dun and Bradstreet report is unavailable. Financial information will be reviewed by SFRTA prior to the evaluation process set forth in Section 1.15 below as a factor to determine responsibility of the Offeror.

1.15 EVALUATION PROCESS

SFRTA’s Evaluation Committee (hereinafter referred to as the "EC"), shall evaluate the Technical Proposals submitted by Offerors using the ITN Evaluation Criteria in Exhibit 1. Following completion of its evaluation, either the Executive Director may appoint a negotiating committee (“NC”), or, if the Executive Director decides not to appoint a negotiating committee, the EC may vote to either conduct negotiations themselves or delegate authority to the Chief Contracting Officer to enter into negotiations with one or more Offerors (hereinafter the negotiating committee, the EC or the Chief Contracting Officer (as applicable) are referred to as the “SFRTA Negotiator”), in consultation with SFRTA Executive, technical and Legal staffs.

The selection of the Offeror deemed most highly qualified to provide Best Value to SFRTA will be based upon the evaluation process described herein (the “Evaluation Process”).

During the Evaluation Process, the EC may request oral presentations and software demonstrations in person or virtually, ask Offerors questions about their Replies, conduct reference checks, or request additional information in writing from the Offerors.

SFRTA, at its sole discretion, may shortlist Offerors (through its EC), or request oral presentations/interviews with none, some or all Offerors (through the NC, the EC or the SFRTA Chief Contracting Officer). However, Offerors should not assume that SFRTA will shortlist, or request oral presentations and therefore, all Replies should contain the Offeror’s most favorable terms from a price and technical standpoint.

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Notwithstanding anything to the contrary in SFRTA’s ITN Policy, the Evaluation Process described in this ITN shall control.

The GTC’s are SFRTA’s standard contract terms utilized in all of its procurements. The EC Committee shall take into account, as part of its evaluation, any Offeror who is unwilling to agree to the GTC’s in substantially the form attached to the ITN. The failure of an Offeror to agree may result in, at SFRTA’s sole discretion, the Offeror being deemed nonresponsive or the Offeror receiving a reduced score during either or both the preliminary and final scoring process.

1.15.1 EVALUATION CRITERIA AND RELATIVE WEIGHTS

The EC will review each responsive Technical Proposal and establish a Technical Score (see Section 1.15.2 below).

The Technical Score and the Price Score will then be combined into the Total Score for each Reply (as more particularly described below in Section 1.15.2). SFRTA has established the following relative weights for the Technical Proposal and the Price Proposal.

Technical Proposal – maximum 80%

Price Proposal – 20%

1.15.2 EVALUATION COMMITTEE SCORING OF TECHNICAL PROPOSALS

The Evaluation Criteria will be applied throughout the Evaluation Process. The point values for each Evaluation Criteria in Exhibit 1 shall be used by the EC to score the Technical Proposals and obtain the Technical Proposal Score for each submitted Technical Proposal.

Each member of the EC shall receive a copy of each Technical Proposal determined initially responsive, as determined by the Procurement Department. The EC members will independently evaluate the Technical Proposals using the Evaluation Criteria in Exhibit 1 prior to the EC meeting.

The SFRTA Chief Contracting Officer (and Procurement Department staff) may provide technical support to the EC, including fact-based summaries of Technical Proposals.

At the EC meeting, prior to announcing their score, the EC members may ask questions, receive oral presentations, have discussion and make adjustments to any scoring. EC members will then announce their scores per criterion. This process is conducted until all EC members have announced their scores for all of the Technical Proposals evaluated. For every Technical Proposal, the scores shall be averaged for each criterion (“Average Criterion Scores”). The Average Criterion Scores shall be weighted, if applicable, and totaled to determine each Offeror’s total Technical Proposal Score.

After the Technical Proposals are scored, the EC will incorporate the Price Proposal Scores (using the scoring methodology provided below in Section 1.17.3) for those Price Proposals that have been deemed responsive. Should the EC wish to shortlist any Offerors, it would be at this point in the evaluation process. SFRTA expressly reserves the right for the EC to create a “shortlist” of Offerors (which may include all Offerors, at SFRTA’s sole discretion) to establish a competitive range of Replies that will provide Best Value. If that occurs, the SFRTA Negotiator will then enter into negotiations with one or more Offerors from the shortlist.

The NC, EC or the SFRTA Negotiator also reserves the right to refrain from making a

ITN NUMBER 25-017 ITO Page 12 of 15 recommendation or recommend against award in the event that no Reply is deemed advantageous to SFRTA.

1.15.3 PRELIMINARY SCORING, RANKING, AND SELECTION FOR NEGOTIATION

Offerors shall be assigned a Preliminary Score using the formula provided below:

Preliminary Score = Technical Proposal Score + Price Proposal Score

The Price Reply Score = a x 20= s b

Where: a = dollar amount of lowest Price Proposal b = dollar amount of Price Proposal to be rated s = Price Proposal score

Price of Lowest Price Proposal X maximum percentage available = Awarded Price score Price of Proposal Being Rated

Example: The total percentage weighting for price in this ITN is twenty (20) percent. If the cost of the lowest accepted proposal is $100,000, they would be awarded twenty (20) percent. If the second lowest accepted proposal is $125,000 they would be awarded sixteen (16) percent.

$100,000 = .80 X 20 = 16% $125,000

The Price Proposal score will then be added to the Technical Proposal Score to obtain the Preliminary Score for each Offeror.

The highest ranked Offeror will be the Offeror with the highest Preliminary Score.

1.15.4 NEGOTIATION PROCESS

During the Negotiation Phase, the SFRTA Negotiator will negotiate with the selected Offeror(s).

The SFRTA Negotiator may use the shortlist as a tool during negotiations. Offerors shall not take any action in reliance on the shortlist. The SFRTA Negotiator will rank the Offerors during negotiations and until the notice of intent to award is posted. SFRTA also reserves the right for the SFRTA Negotiator to conduct optional interviews/presentations with none, some or all Offerors.

SFRTA expressly reserves the right to negotiate with all responsible Offerors, serially or concurrently, to the determine the best-suited Reply that will provide the Best Value to SFRTA in its sole discretion.

The SFRTA Negotiator may elect to negotiate with one Offeror or select a group of the most qualified Offerors as finalists and commence simultaneous negotiations with each. The SFRTA Negotiator may discontinue negotiations with an Offeror when the SFRTA Negotiator determines that there is no longer a reasonable chance of award to that Offeror. The negotiation phase may involve additional questions and presentations by Offerors and will include negotiation of the final statement of work, which shall include the requirements for this Invitation to Negotiate, pricing, ITN NUMBER 25-017 ITO Page 13 of 15 and terms and conditions of the final Contract Documents. During the negotiation process, the SFRTA Negotiator reserves the right to negotiate various ways including à la carte, or via categories and/or components of goods and services offered.

Pursuant to Section 286.0113, Florida Statutes (F.S.), negotiations are exempt from Section 286.011, F.S., and Section 24(b), Article I of the State Constitution. A complete recording shall be made of any portion of an exempt meeting. No portion of the exempt meeting may be held off the record.

Notwithstanding anything to the contrary in SFRTA’s ITN Policy, the negotiation process described in this ITN shall control.

1.15.5 MODIFICATIONS AND ADDENDA

During negotiations, SFRTA, through the SFRTA Negotiator, may determine it is necessary to modify certain required provisions of the ITN as a result of information gained through negotiations. Should the SFRTA Negotiator determine that it is necessary to make material changes to the ITN, addenda shall be provided to all responsive and responsible Offerors and such Offerors shall have the opportunity to submit amended Replies.

If SFRTA issues an addendum to the ITN, it may reconvene and restart the Evaluation Process, continue to final negotiations, and/or request a BAFO from Offerors thereafter.

Offerors are permitted to revise their Replies as needed during the negotiation phase until SFRTA is satisfied that the method or solution proposed achieves the Best Value for SFRTA.

1.15.6 FINAL SCORING, RANKING, AND SELECTION FOR AWARD

Utilizing the information received during the Negotiation Phase the SFRTA Negotiator will re-score and re-rank the Offerors at a public meeting using the formula in Section 1.15.2 and select the Offeror that will provide the Best Value to SFRTA.

If a tie occurs in which the SFRTA Negotiator is unable to reach a decision as to the successful Offeror, the SFRTA Negotiator may reconvene after the final scoring/ranking in private prior to award to discuss negotiation strategy, may request an additional BAFO, and/or engage in further negotiations, and thereafter hold a public meeting for an additional round of ranking/scoring to reach a recommendation regarding award the Contract to the Offeror that will provide Best Value to SFRTA considering final negotiated pricing and other criteria as specified in the ITN.

1.16 REVIEW OF FACILITIES AND QUALIFICATIONS

After the Reply due date and prior to execution of the Contract, SFRTA reserves the right to perform or have performed an on-site review of any Offeror’s facilities and qualifications, as well as provided documentation. This review will serve to verify data and representations submitted by the Offeror and may be used to determine whether the Offeror has an adequate, qualified, and experienced staff, and can provide facilities and perform the Work. The review may also serve to verify whether the Offeror has adequate financial capability to meet the Contract requirements.

Should SFRTA determine that the Reply, or subsequently submitted documentation, has material misrepresentations or that the size or nature of the Offeror’s facilities or the number of experienced personnel (including technical staff) are not adequate to ensure satisfactory Contract performance, or ascertains other bases for concern as to the Successful Offeror’s ability to perform the Work, ITN NUMBER 25-017 ITO Page 14 of 15

SFRTA has the right to reject the Reply.

1.17 PROTEST PROCEDURES

The following are SFRTA’s procedures for protesting solicitations and Contract Award.

Definitions

Interested Party means any Offeror with legal standing that is affected adversely by SFRTA’s decision concerning a solicitation or Contract Award.

Protest means a written objection to the commercial terms or technical specifications in the solicitation or the Contract Award.

Protest Period means the three (3) business days following the date of the posting of the Intent to Contract Award on SFRTA’s website or the date of the issuance of an addendum as to the content of such addendum or the date of issuance of the Solicitation. A “business day” means normal business hours of 9 a.m. to 5 p.m. local time.

(1) Protest Policy: SFRTA provides Interested Parties with the opportunity for an administrative review of written Protests and strives to resolve any Protest expeditiously at the Chief Contracting Officer’s level to the maximum extent possible.

(2) Filing a Protest: Only an Interested Party may file a Protest regarding the Solicitation Documents issued by SFRTA by filing a written Notice of Protest with SFRTA within seventy-two (72) hours from the availability date of the Solicitation Documents set forth in the advertisement posted on SFRTA’s website, excluding Saturdays, Sundays and legal holidays observed by SFRTA or from the date of the issuance of any addenda if specifically relating to the content of the addendum, excluding Saturdays, Sundays and legal holidays observed by SFRTA.

Failure to file a Notice of Protest within the provided timeframes, for any reason whatsoever, shall constitute a complete and absolute waiver of Protest rights.

With respect to any Protest of Contract Award, the Notice of Protest shall be filed within the Protest Period. For Procurements not involving federal funds, SFRTA, at its sole discretion, may require in its Solicitation Documents that an Interested Party post with its formal Protest a Protest bond in the amount of 1% of the Contract Amount or $25,000, whichever is less. In the event the Interested Party receives an adverse determination on its Protest, the bond shall be forfeited to SFRTA An Interested Party shall file a formal written Protest within ten (10) business days of filing a Notice of Protest. In order to be considered, the Protest must contain: (i) the Interested Party's name, address, telephone number, email address, facsimile number, and taxpayer identification number;

(ii) identification of the Procurement or Contract at issue; (iii) a complete and concise statement of the grounds for the Protest, supported by relevant documents; (iv) identification of all Persons with information germane to the Protest; (v) a chronology of efforts made to resolve the matter prior to filing the Protest; and (vi) a statement of the relief requested.

(3) Protest Decision: The Chief Contracting Officer shall reduce his or her decision to writing and shall transmit or otherwise furnish a copy of the decision to the Interested Party. The decision of the Chief Contracting Officer shall be final and conclusive unless, within seven (7) business days from the date of such decision, SFRTA receives from the Interested Party a written request for review of the decision addressed to the Executive Director. The decision of the Executive Director shall be final and conclusive.

ITN NUMBER 25-017 ITO Page 15 of 15

(4) Continuation of Performance: The Chief Contracting Officer shall determine whether SFRTA will proceed with Contract Award or, if the Contract has been awarded, whether to suspend performance of the Contract, pending a decision on the Protest. SFRTA has no obligation, however, to suspend award or performance of the Contract in the event of a Protest.

(5) Remedies: If SFRTA determines that a Protest is valid, the Executive Director, at his or her sole discretion, may: (i) direct the Chief Contracting Officer to issue a new or amended Solicitation; (ii) award the Contract or recommend that the Board award the Contract, if the Contract Amount exceeds the Executive Director’s approval authority; (iii) terminate or suspend performance of the Contract that is the subject of the Protest; or (iv) take any other action permitted by law to promote compliance with SFRTA policies and applicable law.

(6) Filing of a Written Notice of Protest or Protest: All Written Notices of Protests or Formal Protests must be filed with the Chief Contracting Officer. All Protests must be received at the address shown on the Solicitation Documents during normal office hours of 9:00 am to 5:00 pm, local time. Failure to file a Notice of Protest or a Protest as discussed herein, shall constitute a complete and absolute waiver of any such rights.

(7) Informal Resolution: The Chief Contracting Officer may, at his or her sole discretion, agree to meet with the Interested Party within seven (7) calendar days, excluding Saturdays, Sundays and legal holidays observed by SFRTA, after the filing of a Protest to attempt to resolve the matter.