24-ITN-001-TD- FL WINS.pdf

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Commerce Solicitation No. 24‐ITN‐001‐TD Page 1 of 100

Page 1 of 100 pages SUBMIT REPLY TO:

Florida Department of Commerce Purchasing Office 107 East Madison Street, B‐047 Tallahassee, Florida 32399‐4128 Telephone Number: 850‐245‐7455

AGENCY RELEASE DATE:

November 15, 2023

SOLICITATION TITLE: SOLICITATION NO:

FL WINS Customer Portal 24‐ITN‐001‐TD

REPLIES WILL BE OPENED: December 27, 2023, at 3:00 P.M., Eastern Time and may not be withdrawn within 180 days after such date and time.

I certify that this Reply is made without prior understanding, agreement, or connection with any corporation, firm, or person submitting a reply for the same materials, supplies or equipment, and is in all respects fair and without collusion or fraud. I agree to abide by all conditions of this reply and certify that I am authorized to sign this reply for the Respondent and that the Respondent is in compliance with all requirements of the Invitation to Negotiate, including but not limited to, certification requirements. In submitting a reply to an agency for the State of Florida, the Respondent offers and agrees that if the reply is accepted, the Respondent will convey, sell, assign or transfer to the State of Florida all rights, title and interest in and to all causes of action it may now or hereafter acquire under the Anti‐trust laws of the United States and the State of Florida for price fixing relating to the particular commodities or services purchased or acquired by the State of Florida. At the State’s discretion, such assignment shall be made and become effective at the time the purchasing agency tenders final payment to the Respondent.

RESPONDENT NAME:

RESPONDENT MAILING ADDRESS:

CITY – STATE – ZIP: *Authorized Representative’s Signature

PHONE NUMBER:

TOLL FREE

NUMBER:

FAX NUMBER: *Name and Title of Authorized Representative

EMAIL ADDRESS:

FEID NO.: *This individual must have the authority to bind the Respondent.

TYPE OF BUSINESS ENTITY (Corporation, LLC, partnership, etc.):

RESPONDENT CONTACTS: Please provide the name, title, address, telephone number, and e‐mail address of the official contact and an alternate, if available. These individuals shall be available to be contacted by telephone or attend meetings as may be appropriate regarding the solicitation schedule.

PRIMARY CONTACT: SECONDARY CONTACT:

NAME, TITLE: NAME, TITLE:

ADDRESS: ADDRESS:

PHONE

NUMBER:

PHONE NUMBER:

FAX NUMBER: FAX NUMBER:

EMAIL ADDRESS: EMAIL ADDRESS:

Florida Department of Commerce

Invitation to Negotiate Solicitation Acknowledgement Form

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Commerce Solicitation No. 24‐ITN‐001‐TD Page 2 of 100

SECTION A

PUR 1001 – GENERAL INSTRUCTIONS TO RESPONDENTS

This section explains the General Instructions to Respondents (PUR 1001) of the solicitation process and is a downloadable document incorporated into this solicitation by reference. This document should not be returned with the Response. The General Instructions can be accessed by using the link listed directly below:

http://dms.myflorida.com/content/download/2934/11780

In the event of a conflict between the terms of the PUR 1001 and the other terms of this solicitation, the other terms of this solicitation will control.

PUR 1000 – GENERAL CONTRACT CONDITIONS

The General Contract Conditions (PUR 1000) is a downloadable document incorporated in this solicitation by reference, which contains general contract terms and conditions that must apply to any contract resulting from this solicitation, to the extent they are not otherwise modified. This document should not be returned with the Response. The General Instructions can be accessed by using the link listed directly below:

http://dms.myflorida.com/content/download/2933/11777

In the event of a conflict between the terms of the PUR 1000 and the other terms of this solicitation, the other terms of this solicitation will control.

[Remainder of Page Intentionally Left Blank]

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Commerce Solicitation No. 24‐ITN‐001‐TD Page 3 of 100

SECTION B

SPECIAL INSTRUCTIONS FOR THE PREPARATION AND SUBMISSION OF REPLIES

B.1 Solicitation Number 24‐ITN‐001‐TD

B.2 Solicitation Type Invitation to Negotiate (ITN)

B.3 Program Office Division of Workforce Services, FL WINS

B.4 Purchasing Office Tammy Davis, Procurement Officer

107 East Madison Street, B‐047, Caldwell Bldg.

Tallahassee, Florida 32399

850‐245‐7467 FloridaCommerce.Purchasing@commerce.fl.gov

B.5 Introduction to the Procurement

The Florida Department of Commerce (Commerce) issues this solicitation to obtain implementation services, proven technology solutions, and Maintenance and Operations (M&O) services for a new customer portal, common intake form, Federated Data Architecture, and all supporting services to enable referrals between Workforce Partner Agency programs for the Florida Workforce Integrated Networking Systems (FL WINS) Program.

Any person interested in participating must comply with the terms of this solicitation.

Commerce is seeking Replies from qualified responsive and responsible Respondents to provide a solution to meet the state’s current and future needs for the FL WINS Customer Portal.

The purpose of this ITN is to enable the State to identify the Respondent submitting the best value offer in response to this ITN for software and implementation services for the FL WINS Customer Portal.

B.6 Definitions

1. Confidential Information: Information which is protected from disclosure as a public record by law including information which is named as “confidential” or “confidential and exempt” from disclosure as a public record under the Florida Statutes.

2. Contract: The formal written agreement resulting from this ITN between Commerce and the Contractor, including all documents, exhibits and attachments specifying services to be performed or provided by the Contractor, billing rates for these services and the manner in which the Contractor shall be compensated for these services, which shall be executed by both the Contractor and Commerce.

3. Contract Manager: A person designated by Commerce who is charged with monitoring a Contract through the term of the agreement and who is specifically responsible for enforcing performance of the Contract terms and conditions, and maintaining all financial information, i.e., payment history, payment method, payment tracking, etc. The Contract Manager serves as the liaison between Commerce and the Contractor regarding performance issues pertaining to the Contract.

4. Contractor: The person or entity that enters into a Contract to sell commodities or contractual services to Commerce.

5. Contractor Personnel: Persons directly employed by the Contractor.

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Commerce Solicitation No. 24‐ITN‐001‐TD Page 4 of 100

6. Commerce: Florida Department of Commerce.

7. Commerce Business Hours: Typically, 8:00 A.M., Eastern Standard Time (EST) through 5:00 P.M. EST, Monday through Friday, during which time Commerce conducts routine business.

8. Commerce Non‐Business Hours: Typically, Commerce ‐observed holidays, weekends, and night timeframes, 5:01 PM, EST – 7:59 AM, EST, in which Commerce is closed for conducting routine business.

9. Commerce observed Holidays (2023‐2024): The following holidays are currently observed by Commerce.

If any of these holidays fall on a Saturday, the preceding Friday is observed. If any fall on a Sunday, the following Monday is observed.

New Year’s Day January 2, 2024 – State Office Closure Martin Luther King, Jr. Day Memorial Day Independence Day Labor Day Veteran’s Day November 22, 2023 – State Office Closure Thanksgiving Day Friday, following Thanksgiving Day Christmas Day December 26, 2023 – State Office Closure December 29, 2023 – State Office Closure

10. Florida Respondent Information Portal (VIP): The system which allows all state agencies to advertise formal solicitations and exceptional purchases on MyFloridaMarketPlace.com. It also permits registered vendors to receive automatic email notification of solicitation advertisements, addendums to solicitations, and exceptional purchases.

11. Invoice: Contractor’s itemized document stating prices and quantities of goods and/or services delivered and sent to Commerce for verification and payment.

12. Premises: The entire Florida Department of Commerce real property identified by Commerce’s Project Manager, or, designee, and any other real property that may be added to or deemed part of the Contract agreement.

13. Project Manager: Commerce’s staff member(s), manager(s), Contractor(s) or consultant(s) with overall responsibility and authority to oversee the contractual services being performed or provided by the Contractor for Commerce as described in the Contract.

14. Reply: The offer extended to Commerce in response to an Invitation to Negotiate.

15. Respondent: The person or entity submitting a reply in response to an Invitation to Negotiate.

16. Responsive Reply: A reply submitted by a responsive and responsible vendor that conforms in all material respects to the solicitation.

17. Responsible Respondent: A vendor who has the capability in all respects to fully perform the Contract requirements and the integrity and reliability that will assure good faith performance.

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18. Responsive Respondent: A vendor that has submitted a Reply that conforms in all material respects to the solicitation.

19. Subcontractor: A person or entity contracting to perform part of another’s entire Contract, upon Commerce approval.

20. Respondent: A person or entity that sells or offers to sell commodities or contractual services.

21. Written Notice: Written Notice is herein defined as notice in writing, signed and may be an email of the original.

B.7 Restrictions on Communication with Commerce Staff

Respondents to this solicitation or persons acting on their behalf may not contact, between the release of this solicitation and the end of the seventy‐two (72) hour period following Commerce posting the notice of intended award, excluding Saturdays, Sundays, and State holidays, any employee or officer of the executive or legislative branch concerning any aspect of this solicitation, except in writing to the Purchasing Office named above.

Violation of this provision may be grounds for rejecting a reply.

B.8 Calendar of Events

The anticipated Calendar of Events consists of important actions and dates/times by which the actions must be taken or completed. If Commerce finds it necessary to change any of these dates/times, it will be accomplished by addendum. Time is stated in terms of Eastern Standard Time (EST) in Tallahassee, Florida.

Calendar of Events Date and Time

1.

Date of Issuance and publication on the Florida Respondent Information Portal website at:

https://vendor.myfloridamarketplace.com/search/bids

11/15/2023

2.

Technical Questions due from prospective Respondents (Only email inquiries will be accepted.)

11/27/2023

3.

Anticipated Posting of Questions and Answers to the Florida Respondent Information Portal website (via addendum) at:

https://vendor.myfloridamarketplace.com/search/bids

12/04/2023

4.

Replies Due 107 East Madison Street, Caldwell Building Tallahassee, Florida 32399

12/27/2023

2:30 P.M. EST

5.

Replies Opened 107 East Madison Street, Caldwell Building Tallahassee, Florida 32399

12/27/2023

3:00 PM, EST

6. Evaluation of Technical Replies 12/28/2023 – 1/05/2024

7.

Public Meeting – Notice of Intent to Negotiate 107 East Madison Street, Caldwell Building, Tallahassee, Florida 32399

1/08/2024

10:00 AM, EST

8. Anticipated Posting of Respondent Scores/Shortlist 1/08/2024

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Calendar of Events Date and Time

9. Anticipated Negotiations 1/12/2024‐1/26/2024

10. Provide Best and Final Offer (BAFO) Instructions 1/26/2024

11. BAFO Due 1/29/2024

12.

Public Meeting – Intent to Award Recommendation 107 East Madison Street, Caldwell Building, Tallahassee, Florida 32399

1/30/2024

10:00 AM, EST

13. Anticipated Posting of Notice of Intent to Award 1/30/2024

14. Anticipated Contract Execution 2/12/2024

B.9 Notice of Potential Federal Funding

All or some portion of this procurement may be funded with federal funds. The exact amount of federal funding used will be based on Commerce’s federally approved cost allocation plan.

B.10 Questions (This section supersedes Section A, PUR 1001, Instruction #5, Questions)

Any questions from Respondents concerning this ITN shall be submitted via email to Tammy Davis at FloridaCommerce.Purchasing@commerce.fl.gov by the date and time specified in Section B.8, Calendar of Events. Only e‐mail inquiries will be accepted. All emails to the Procurement Officer should contain the solicitation number in the subject line of the email. Respondent’s questions should be submitted in the format included in Attachment J – Technical Questions Submittal Form.

This ITN may be amended as necessary to incorporate new information or clarification as it is received, and Contractors are expected to address those changes as more specifically described in future addenda. All addenda, notices of decisions, questions, changes, and other information or clarifications to this ITN will be posted on the Florida Respondent Information Portal (VIP) as an addendum. It is the prospective Respondent’s responsibility to monitor the Florida VIP System for any solicitation updates. Commerce bears no responsibility for any delays, or resulting impacts, associated with a prospective Respondent’s failure to obtain the information made available through the Florida VIP System.

Each Respondent shall be responsible for any and all services required under this solicitation. The Respondent is required to carefully examine the specifications set forth and to be knowledgeable of any and all conditions and requirements that may in any manner affect the work to be performed as described in this solicitation. No allowances will be made to the selected Respondent because of lack of knowledge of conditions or requirements, and the selected Respondent will not be relieved of any liabilities or obligations.

INFORMATION WILL NOT BE PROVIDED BY TELEPHONE. Any information received through oral communication shall not be binding on Commerce and shall not be relied upon by any Respondent.

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Commerce Solicitation No. 24‐ITN‐001‐TD Page 7 of 100

B.11 Submission of Reply

Original, hard copies of the sealed Replies must be submitted and clearly marked with the title of the Reply, the solicitation number, Respondent’s name, and opening date and time identified on the outside. Replies must be submitted by U.S. Mail, Courier, or hand delivery to the location indicated in B.8, Calendar of Events. Since the Caldwell Building is a secured facility, please allow for sufficient time to gain access into the building. REPLIES

SUBMITTED ELECTRONICALLY WILL BE REJECTED.

Each reply shall be prepared simply and economically, following the instructions contained herein.

REPLIES RECEIVED AFTER THE EXACT TIME SPECIFIED WILL NOT BE CONSIDERED AND WILL BE RETURNED TO

THE RESPONDENT UNOPENED.

B.12 Withdrawal of Replies

A submitted reply may be withdrawn, if, within seventy‐two (72) hours after the reply due date and time indicated in the Calendar of Events, the Respondent submits a signed, written request for its withdrawal to Commerce.

B.13 Reply Opening (This section supersedes Section A, PUR 1001, Instructions #12, Public Opening)

The reply opening will be held at the time and date specified in Section B.8, Calendar of Events, in the Purchasing Office, 107 East Madison Street, Room B‐047, Caldwell Building, Tallahassee, Florida.

The names of all Respondents submitting Replies shall be made available to interested parties upon written request to the Purchasing Office listed in Section B.4. Any person with a qualified disability shall not be denied equal access and effective communication regarding any reply documents or the attendance to any related meeting or reply opening.

Commerce reserves the right to shortlist Respondents deemed to be in the competitive range to conduct oral presentations prior to the final determination of Contract award. If Commerce exercises the right, the shortlist will be posted on the VIP system. In the event Commerce exercises the right to hold oral presentations, all of the participating firms will start out on an equal basis.

Sealed replies received by Commerce in reply to this solicitation are subject to production, disclosure, inspection and copying, in accordance with Chapter 119, Florida Statutes (F.S.), once Commerce posts its decision or intended decision pursuant to section 120.57(3)(a), F.S., or until 30 days after the final competitive sealed replies are all opened, whichever is earlier.

B.14 Solicitation Requirements

The following requirements must be met by the Respondent in order for its Reply to be considered responsive to this solicitation; however, this is not an exhaustive list of mandatory requirements. Timely replies that do not meet all mandatory requirements of this solicitation, including providing all required information, documents, or materials, will be rejected as non‐responsive. Mandatory requirements of the Reply are those set forth as mandatory, or without which an adequate analysis and comparison of replies is impossible, or those which affect the competitiveness of replies or the cost to Commerce. Replies may be rejected as non‐responsive if past performance or current status do not reflect the capability, integrity, or reliability to perform fully and in good faith within the requirements of the Contract.

MANDATORY REQUIREMENTS FOR EVALUATION

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Commerce Solicitation No. 24‐ITN‐001‐TD Page 8 of 100

1. It is MANDATORY that the Respondent submit its Reply in the format prescribed and within the time frame specified in Section B.8, Calendar of Events.

2. In accordance with the requirements of Sections B.13, B.37, and B.37.1, it is MANDATORY that the

Respondent return the following with their Technical Reply:

‐ one (1) original, signed and sealed Technical Reply, ‐ fifteen (15) paper copies of the signed Technical Reply and attachments listed below.

‐ one (1) electronic copy of the signed Technical Reply (on USB drive), and ‐ one (1) electronic redacted version of the Technical Reply (on USB drive).

The required attachments for the Technical Reply include those referenced below:

1. Commerce Solicitation Acknowledgement Form (cover page of the ITN Document)

2. Attachment A – Reference Form

3. Attachment C – Drug Free Workplace Certification

4. Attachment D – Disclosure Statement/Conflict of Interest

5. Attachment E – Certification Regarding Debarment, Suspension, Ineligibility and Voluntary

Exclusion Contracts/Subcontracts

6. Attachment F – Certification Regarding Lobbying / Certification for Contracts, Grants, Loans and Cooperative Agreement

7. Attachment G – List of Subcontractors

8. Attachment H – Reference Questionnaire

9. Attachment K – Requirements Traceability Matrix

10. Attachment L – Reply Package Checklist

11. Attachment M – Foreign Country of Concern Attestation

3. In accordance with the requirements of Sections B.13, B.37, and B.37.2, it is MANDATORY that the

Respondent return the following with their Cost Reply:

‐ one (1) original, signed and sealed Attachment B, Cost Reply, ‐ fifteen (15) paper copies of the signed Cost Reply, ‐ one (1) electronic copy of the original, signed Cost Reply (on USB drive), and ‐ one (1) electronic redacted version of the Cost Reply (on USB drive).

The required attachments for the Technical Reply include those referenced below:

1. Attachment B, Cost Reply

4. It is MANDATORY that the Respondent complies with the following statutory requirements: Chapter

119, F. S.

B.15 Submittal Requirements

An original, signed Technical Reply, with one (1) electronic copy of the signed original Technical Reply and one

(1) redacted electronic copy of the signed original Technical Reply, if the vendor considers the reply to be exempted by law from disclosure as a public record (Reference B.18, Respondent’s Duties to Assert Exemption from Disclosure as a Public Record), should be sealed individually and labeled “Original Technical Reply.” The fifteen (15) copies, thereof, shall be bound, enclosed, sealed individually, and each labeled “Technical Reply Copy.” Electronic copies should be placed on a USB drive. The original, copies, and electronic copies may then be submitted together.

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An original, signed Cost Reply, with one (1) electronic copy of the signed original Cost Reply, and one (1) redacted electronic copy of the signed original Cost Reply if the vendor considers the Reply to be exempted by law from disclosure as a public record (Reference B.18, Respondent’s Duties to Assert Exemption from Disclosure as a Public Record) shall be bound, enclosed, and sealed and labeled “Original Cost Reply.” The fifteen (15) copies, thereof, shall be bound, enclosed, sealed individually, and each labeled “Cost Reply Copy.” Electronic copies should be placed on a USB drive. The original, copies, and electronic copies may then be submitted together.

If Respondent fails to submit the one (1) electronic (i.e., on USB drive) signed copy of its original Technical Reply or the one (1) electronic (i.e., on USB drive) signed copy of its original Cost Reply with its reply, Commerce reserves the right to contact the Respondent by telephone for submission of this document via mail or hand delivery. This right may be exercised when the Reply has met all other requirements of the solicitation.

The Respondent’s Technical Reply shall be packaged separately from its Cost Reply, or the Reply will be rejected.

If Respondent considers any portion of its Technical Reply or Cost Reply to be confidential, the Respondent shall submit one (1) copy of the signed original Reply with the confidential information redacted and titled “Redacted Copy” on the enclosed USB drive.

B.16 Cost of Preparing Respondent’s Reply

Commerce is not liable for any costs incurred by a Respondent in responding to this ITN, including those for oral presentations, if applicable.

B.17 Disclosure and Ownership of Replies by Commerce

A Respondent’s Reply shall be a public record and subject to production, disclosure, inspection and copying consistent with the requirements of Chapter 119, F. S. A Respondent’s Reply, upon submission, and any resulting Contract shall be the property of Commerce except those parts asserted to be confidential or exempt pursuant to Chapter 119, F. S., and Commerce, in its sole discretion, shall have the right to use, reproduce, and disseminate the Reply and Contract.

B.18 Respondent’s Duties to Assert Exemption from Disclosure as a Public Record

Any Reply content submitted to Commerce which is asserted to be exempted by law from disclosure as a public record shall be set forth on a page or pages separate from the rest of the Reply, and clearly marked “exempt,” “confidential,” or “trade secret” (as applicable), with the statutory basis for such claim of exemption specifically identified in writing on each page. Failure to segregate and so identify any such content shall constitute a waiver of any claimed exemption as applied to the portion of the Reply or other document in which the content is set forth.

Pursuant to section 215.985(14), F.S., the Department of Financial Services (DFS), has developed a web‐based system that provides information and documentation about government contracts called the “Florida Accountability Contract Tracking System” or “FACTS.” An important aspect of this system is the posting of Contract images on the Internet, including Contract attachments, which may include all or part of your Reply to this solicitation.

Any claim of exemption from public disclosure is waived upon submission, unless addressed as set forth above.

Commerce will attempt to afford protection from disclosure of any trade secret as defined in section 812.081(1)(f), F.S., or section 688.002(4), F.S., where identified as such in the Reply, to the extent permitted under section 815.045, F.S., or section 288.075, F.S., and Chapter 119, F.S. Each Respondent acknowledges that

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Commerce Solicitation No. 24‐ITN‐001‐TD Page 10 of 100 the protection afforded by section 815.045, F.S., is incomplete, and hereby agrees that no remedy for damages may arise from any disclosure by Commerce.

Commerce takes its public records responsibilities under Chapter 119, F.S., and Article I, Section 24 of the Florida Constitution, very seriously. If a Respondent considers any portion of the documents, data, or record submitted in reply to this solicitation to be exempted by law from disclosure as a public record, the Respondent must also provide Commerce with a separate Redacted Copy of its Reply, on a USB, at the time of Reply submission.

This Redacted Copy shall contain Commerce’s solicitation name, number, and the name of the Respondent on the cover, and shall be clearly titled “Redacted Copy.” The Redacted Copy shall be provided to Commerce at the same time the Respondent submits its Reply to the solicitation and must only exclude or obliterate those exact portions which are exempted by law from public disclosure. Each individual portion of the Redacted Copy that Respondent asserts is confidential must contain a citation to the specific law making the content of the redacted portion confidential.

If it is determined that the Reply does not contain any information which is exempted by law from public disclosure, please provide as part of the Reply, a written statement to that effect which is executed by an authorized representative of the Respondent’s company with legal authority to make this determination on behalf of the Respondent.

Respondent shall protect, defend, indemnify, and save and hold harmless, Commerce from any and all claims, demands, liabilities, and suits of any nature arising out of, because of, or due to, failure of Commerce to release information redacted by the Respondent, and to further indemnify Commerce for any other loss Commerce incurs due to any claim being made against Commerce regarding portions of its Redacted Copy being confidential, proprietary, trade secret, or otherwise not subject to disclosure.

If Respondent fails to submit a Redacted Copy with its Reply, Commerce is authorized to produce the entire document(s), data, or records submitted by Respondent in answer to a public records request.

B.19 Posting of the Notice of Shortlist, Intent to Negotiate, and/or Intent to Award (This section supersedes Section A, PUR 1001, Instruction #13, Electronic Posting or Notice of Intended Award).

The Notice of Shortlist, Intent to Negotiate, and/or Intent to Award will be posted for review by interested parties at the location identified in Section B.8, Calendar of Events and on the VIP system for a period of seventy‐two

(72) hours, excluding weekends and state observed holidays. Any Respondent who desires to protest the recommended award must file a protest with the Purchasing Office, Department of Commerce, 107 East Madison Street, Room B‐47, Caldwell Building, Tallahassee, Florida 32399‐4128, within the time prescribed in section 120.57(3), F.S., and Chapter 28‐110, Florida Administrative Code (“F.A.C.”).

B.20 Number of Awards

Commerce intends to issue one (1) Contract for software and implementation services under this solicitation.

Commerce reserves the right to issue multiple contracts if doing so is believed to be advantageous to Commerce and the State of Florida (State), and it is determined that desired services cannot be procured from one vendor.

Commerce, at its sole discretion, shall determine whether multiple Contracts will be issued. Term lengths and renewal periods of the final Contract are contingent upon negotiations.

B.21 Contract Period

The Contract period is expected to end December 31, 2026. The selected Contractor will be expected to be able to assume the responsibilities outlined herein within thirty (30) business days of Contract execution.

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Commerce reserves the right to renew any Contract resulting from this ITN subject to the terms and conditions set forth in the original Contract and Commerce’s determination of satisfactory performance by the Contractor.

The renewal period may not exceed three (3) years or the term of the original Contract, whichever is longer. The renewal period may be divided into increments (e.g., multiple one‐year renewals), may be for a complete term (e.g., one renewal for the original term of the Contract), or a combination thereof (e.g., one multi‐year renewal followed by one single‐year renewal). Renewals are effective only upon execution of an amendment prior to expiration of the Contract. Respondent shall include the cost of each of the three (3) one‐year renewals in its response.

B.22 Type of Contract Contemplated ‐ (This section supersedes Section A, PUR 1000, Condition #2, Purchase Order, only if the Contract award is equal to or greater than $65,000.)

A fixed price Contract is proposed; however, Commerce reserves the right to award another type of Contract if such will be most advantageous to Commerce and the State, price and other factors considered. The Contractor shall be paid for the services rendered under the Contract upon satisfactory completion of these services.

A copy of the proposed Contract is included in Section D, Commerce Respondent Core Contract. The requirements contained in the proposed Contract should be closely reviewed by the Respondent. Commerce may consider any modifications proposed by the Respondent if it is determined to be in the best interest of Commerce.

Information on Federal procurement regulations, State statutes, and rules referred to in this solicitation may be obtained by contacting Commerce’s Purchasing Office referred to in Section B.4.

B.23 Warranty, Maintenance, and Operations

The following are deliverables associated with the Warranty, Maintenance, and Operations of the project. The Contractor shall provide post‐implementation support for three (3) months following final implementation of the Solution.

A phase gate review will commence at the end of the Warranty Period. The Warranty Period will not end until all associated deliverables are submitted, reviewed, and approved by FL WINS Program Leadership.

Maintenance and Operations will not begin until the Warranty Period is complete. Contractor shall provide maintenance, operations, and support services to Commerce through the duration of the implementation.

Upon project completion and acceptance by the State, the maintenance and support will begin on an annual renewal basis. Commerce shall have the option to extend the on‐going maintenance for the full system on an annual basis.

The following are required deliverables during the Warranty Period:

1. Defect log of all resolved and unresolved Solution defects discovered during the duration of the project and the Warranty Period. Reference the additional information in Appendix B, Defect Management Plan, regarding defect management. See Exhibit 8, Sample Defect Log.

2. Resolution plans, assignments, and timelines for each outstanding defect

B.24 Reply Acceptance Period

Commerce intends to execute the Contract(s) as soon as possible after the posting of Commerce’s decision.

Commerce, at its discretion, may terminate discussions with the first ranked Respondent if an agreement is not reached within thirty (30) business days after the announcement of an award and may proceed to award the Contract to the second ranked Respondent.

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B.25 Firm Reply – (This section supersedes Section A, PUR 1001, Item #14, Firm Response).

Any submitted reply shall remain firm and valid for one hundred eighty (180) calendar days after the reply submission due date, or until a Contract is fully executed, whichever occurs first. The Respondent shall not withdraw any reply within this time period except as described in Section B.12. Any reply that expresses a shorter duration of validity may, in Commerce’s sole discretion, be accepted or rejected.

B.26 Disclosure

Information will be disclosed to Respondents in accordance with State statutes and rules applicable to this solicitation.

B.27 Laws and Permits

Contractor(s) must comply with all local, state, and federal laws, rules, regulations, and codes whenever work is being performed under this Contract. All permits and licenses required for this Contract must be obtained by the Contractor and maintained for the duration of the Contract.

B.28 Insurance

1. Contractor’s Commercial General Liability Insurance:

By execution of this Contract, unless Contractor is a state agency or subdivision as defined by section 768.28(2), F.S., Contractor shall provide adequate commercial general liability insurance coverage and hold such liability insurance at all times during this Contract. A self‐insurance program established and operating under the laws of the State may provide such coverage.

2. Workers’ Compensation and Employer’s Liability Insurance:

Contractor, at all times during the Contract, at its sole expense, shall provide commercial insurance of such a type and with such terms and limits as may be reasonably associated with the Contract, which, as a minimum, shall be: workers’ compensation and employer’s liability insurance in accordance with Chapter 440, F.S., with minimum employer’s liability limits of $100,000 per accident, $100,000 per person, and $500,000 policy aggregate. Such policy shall cover all employees engaged in any Contract work.

3. Other Insurance:

The Contractor selected under this ITN shall maintain during the life of the Contract, Workers’ Compensation Insurance for all of its employees connected with this Contract. Such insurance shall comply fully with the Florida Workers’ Compensation Law. In case any class of employee engaged in hazardous work under the Contract is not protected under the Workers’ Compensation statute, the Contractor shall provide adequate insurance, satisfactory to Commerce, for the protection of its employees not otherwise protected.

The Contractor selected under this ITN shall maintain during the life of the Contract, comprehensive general liability coverage with limits of not less than $100,000 per occurrence and $500,000 general aggregate for bodily injury and property damage; and comprehensive automobile liability coverage with limits of $100,000 combined single limit.

The selected Contractor’s current certificate of insurance shall contain a provision that the insurance will not be canceled or modified for any reason except after thirty (30) business days written notice to

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Commerce’s Contract Manager, with the exception of ten (10) business days’ notice for non‐payment of premium by the insured.

The selected Contractor shall be required to submit insurance certificates, evidencing such insurance coverage, prior to the execution of a Contract with Commerce. The insurance certificate must name Commerce as an additional insured and identify Commerce’s Contract Number. Copies of new insurance certificates must be provided to Commerce’s Contract Manager with each insurance renewal.

B.29 Respondent Registration

Prior to entering into a Contract with Commerce, the selected Contractor must be registered with the Florida Department of Management Services (DMS) MyFloridaMarketPlace VIP system. Information about the registration process is available at the MyFloridaMarketPlace website at http://www.dms.myflorida.com/business_operations/state_purchasing/myfloridamarketplace/mfmp_vendors /requirements_for_vendor_registration. Respondents who do not have Internet access may request assistance from MyFloridaMarketPlace Customer Services at (866) 352‐3776.

The following DMS Class/Group code is provided to assist you in your registration efforts:

43232701 Application Server Software

43233200 Security and Protection Software

43232300 Data Management and Query Software

43232400 Development Software

43232800 Network Management Software

43231600 Finance Accounting and Enterprise Resource Planning ERP Software

43233004 Operating System Software

43233400 Utility and Device Driver Software

A list of Commodity Codes can be found here: Commodity Codes / MyFloridaMarketPlace / State Purchasing / Business Operations / Florida Department of Management Services ‐ DMS. If you need assistance, the Purchasing Office can help.

B.30 Florida Department of State Registration Requirements

All entities identified under Chapters 607, 617, 620, 621, and 865, F.S., seeking to do business with the State shall, prior to entering into a Contract, be appropriately registered with the Florida Department of State.

B.31 Diversity

The State is committed to supporting its diverse business industry and population through ensuring participation by minority, women, and veteran‐owned business enterprises in the economic life of the state. The State Mentor Protégé Program connects minority, women, and veteran‐owned business enterprises with private corporations for business development mentoring. We strongly encourage firms doing business with the State to consider this initiative. For more information on the Mentor Protégé Program, please contact the Office of Supplier Diversity at (850) 487‐0915 or osdinfo@dms.fl.gov.

Commerce supports diversity in its procurement program and requests that all subcontracting opportunities afforded by this solicitation enthusiastically embrace diversity. The award of subcontracts should reflect the vast array of citizens in the State. The Respondent can contact the Office of Supplier Diversity at (850) 487‐0915 for information on certified business enterprises that may be considered for subcontracting opportunities.

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B.32 Contractors and Subcontractors

The resulting Contract allows the Contractor to subcontract for any of the services provided in the resulting Contract. The Contractor will be the prime service provider and shall be responsible for all work performed and Contract deliverables. The Contractor shall not enter into any subcontracts for the delivery of any services described in this Contract without the prior written approval of Commerce. Proposed use of subcontracts should be included in the Respondent’s Reply. Requests for use of subcontractors received subsequent to the ITN process are subject to review and approval by Commerce based on the terms described in this ITN.

Commerce supports diversity in its procurement program and requests that all subcontracting opportunities afforded by this Contract embrace diversity enthusiastically. The award of subcontracts should reflect the full diversity of the citizens of the State of Florida. Prospective contractors can contact the Office of Supplier Diversity at 850‐487‐0915 for information on minority vendors who may be considered subcontracting opportunities.

B.33 Conflict of Interest

The Respondent covenants that it presently has no interest in and shall not acquire any interest, direct or indirect, which would conflict in any manner of degree with the performance of the services required to be performed under the Contract resulting from this solicitation. The selected Contractor shall be required to provide written notification to Commerce within (5) business days of the discovery of a potential conflict of interest. Commerce shall have the authority to determine whether or not a conflict of interest exists.

B.34 Rights to Data and Copyright

Writings, publications, films, videos, technical reports, equipment, computer hardware and software, recordings, computer programs, computerized data bases, data processing programs, pictorial reproductions, maps, drawings, specifications, graphical representations, and works of similar nature (whether copyrighted or not copyrighted), which are submitted with a Reply or specified to be delivered under a project Contract shall be maintained by Commerce and may be released as public records. Additionally any writings, publications, films, videos, technical reports, equipment, computer hardware and software, recordings, computer programs, computerized data bases, data processing programs, pictorial reproductions, maps, drawings, specifications, graphical representations, and works of similar nature (whether copyrighted or not copyrighted), which are developed or produced and paid for in whole or in part by Contract funds become the property of Commerce except as may otherwise be provided in the Contract.

B.35 Most Favored State Status

The selected Respondent must agree to a most favored state status so that in the event the selected Respondent offers any other State Workforce Agency (or department) more favorable Contract terms in relation to reimbursable items and events, or revenue share percentages that the selected Respondent agrees to make those terms available to Commerce at the Commerce’s option. Upon execution of the Contract, the selected Respondent shall sign a Preferred Pricing Affidavit, as required by section 216.0113, F.S. Following execution of the Contract, the selected Respondent shall submit a Preferred Pricing Affidavit annually.

B.36 Elaborate Replies

It is not necessary to prepare your Reply using elaborate brochures and artwork, expensive paper and bindings, or other expensive visual presentation aids; instead prepare your Reply simply and in accordance with the instructions herein.

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B.37 Instructions for Preparation of the Technical Reply

This section prescribes the format in which Replies must be submitted. Additional information deemed appropriate by the Respondent may be included but should be placed within the relevant section. The instructions for this solicitation have been designed to help ensure that all replies are reviewed and evaluated in a consistent manner, as well as to minimize costs and response time.

The Respondent shall not include any references to the Cost Reply or its content in the Technical Reply. This includes, but not limited to, costs, fees, prices, rates, profit, bonuses, discounts, rebates, or the identification of free services, labor, materials, or licensing fee sharing arrangements.

B.37.1 Technical Reply Format

Replies should be limited to 100 pages, excluding Attachments, of eight and one‐half by eleven inches (8‐½" x 11”) pages, must be typed, and single‐spaced. All pages should be sequentially numbered. It is recognized that existing financial reports, document, or brochures, may not comply with the prescribed format. They will be acceptable in current form and not be reformatted. Figures, charts, and tables should be numbered and referenced by number in the text.

Using the description of work outlined in Section C, Scope of Work, Respondents shall prepare their Technical Reply package in the order outlined below, with the sections tabbed for ease of identification and review.

The Respondent’s Technical Reply shall be packaged and sealed separately from its Cost Reply. Failure by the Respondent to submit the “Technical Reply” sealed separately from the Cost Reply shall result in the Reply being deemed non‐responsive, and therefore, the Reply will be rejected. Failure of the Respondent to provide any of the information required in the Technical Reply portion of the Reply package shall result in a score of zero (0) for that element of the evaluation.

The Technical Reply shall be organized in TABs as follows :

Cover Sheet ‐ Commerce Solicitation Acknowledgement Form

The Commerce Solicitation Acknowledgement Form, cover page to this ITN, shall be completed as instructed. Respondents are required to complete, sign, and return the Commerce Solicitation Acknowledgment Form with their Technical Reply. This form must be completed and signed by a representative who is authorized to contractually bind the Respondent.

If a Respondent fails to submit a signed Commerce Solicitation Acknowledgment Form with their Technical Reply, Commerce reserves the right to contact the Respondent by telephone for submission of this document via email. This right may be exercised when the Reply has met all other requirements of the solicitation.

In the event that Respondents submit a Reply as a joint venture, each member of the joint venture must complete and sign a separate Commerce Solicitation Acknowledgement Form.

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Additionally, the Respondent’s Technical Reply will consist of the following and shall follow the format listed below:

Tab 1 – Respondent’s Understanding of the Project/Executive Overview (Limited to 5 Pages)

This section of the ITN requires the Respondent to clearly describe and provide evidence of their capabilities to perform the scope and types of tasks required by Commerce. The Executive Overview should include the Respondent’s understanding of the scope of the work included in this ITN, the Respondent’s ability to meet the qualifications to provide the required services, evidence that the Respondent is qualified to provide services, and its understanding of the stipulation that the Response is valid for a time period of at least 180 calendar days from the date of submission.

The Respondent shall provide comprehensive narrative statements that illustrate their understanding of all of the requirements of the project, project schedule, and how their solution and services will meet the desired objectives of Commerce while still providing excellent customer service and an easy‐to‐use Solution.

Responses to this ITN should be prepared using simple terms and minimal technical or industry‐ specific language. Respondent should not repeat the information provided in the ITN.

Respondents should carefully review Section C, Scope of Work, in preparing the response.

Tab 2 – Statement of Qualifications

Provide a narrate of the Respondent’s organization and history, which demonstrates the firm’s ability to provide the services described in Section C, Scope of work, performing projects with substantially similar tasks and similar scope and range as specified in this ITN. Respondents should provide detailed evidence that the Respondent’s organization has previous experience providing these capabilities, business results achieved, and a detailed description of the project(s). The Respondent should highlight their experience in providing a Common Customer Portal Solution using a federated data architecture and supporting services. The Respondent should provide details of the Respondent’s experience in implementing their proposed solution.

In describing the Respondent’s previous experience, Respondent shall detail:

a. Integrated case management solutions;

b. Previous experience completing at least two (2) full lifecycle implementations for comparable solutions, that included successful go live(s) to production;

c. Size/volume of data and transactions;

d. Incorporating Business Process Reengineering and Organizational Change Management

(OCM) with solution;

e. Interoperability with disparate agencies and systems;

f. Testing methodologies (automation is preferred);

g. Training.

The Respondent should also provide its preferred or recommended implementation partners with whom the Respondent has successfully partnered to complete similar work as that specified in…