25-RFP-002-TD (WITS Project) - FINAL.pdf

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Commerce Solicitation No.: 25-RFP-002-TD, Page 1 of 73

FLORIDA DEPARTMENT OF COMMERCE

REQUEST FOR PROPOSAL

Solicitation Acknowledgement Form

Page 1 of 73 pages SUBMIT PROPOSAL 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:

June 30, 2025

SOLICITATION TITLE: SOLICITATION NO:

Workforce Information Technology Solution (WITS) Project 25-RFP-002-TD

PROPOSALS WILL BE OPENED: August 21, 2025, 3:00 PM, Eastern Standard Time and may not be withdrawn within 180 days after such date and time.

I certify that this Proposal is made without prior understanding, agreement, or connection with any corporation, firm, or person submitting a Proposal 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 Proposal and certify that I am authorized to sign this Proposal for the Respondent and that the Respondent is in compliance with all requirements of the Request for Proposal, including but not limited to, certification requirements. In submitting a Proposal to an agency for the State of Florida, the Respondent offers and agrees that if the Proposal 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:

EMAIL ADDRESS:

FEIN 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:

EMAIL ADDRESS: EMAIL

ADDRESS:

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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.

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

In the event of a conflict between the terms of the PUR 1001 and the terms of this solicitation, the terms of this solicitation 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 RFP to the extent they are not otherwise modified herein. This document should not be returned with the Response.

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

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

[REMAINDER OF PAGE INTENTIONALLY LEFT BLANK]

http://dms.myflorida.com/content/download/2934/11780 http://dms.myflorida.com/content/download/2933/11777

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SECTION B

SPECIAL INSTRUCTIONS FOR THE PREPARATION AND SUBMISSION OF PROPOSALS

B.1 Solicitation Number 25-RFP-002-TD

Solicitation Title WITS Project

B.2 Solicitation Type Request for Proposal (RFP)

B.3 Program Office Workforce Services

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 state-of-the-art Labor Exchange, Case Management, Reporting, and One-Stop Service Tracking (OSST) through the Workforce Information Technology Solution (WITS) Project. Any person interested in participating must comply with the terms of this solicitation.

Commerce is seeking Proposals from qualified responsive and responsible Respondents to provide a solution to meet the state’s current and future needs.

The purpose of this RFP is to enable the state to identify the Respondent submitting the best value offer in response to this RFP for software and implementation services.

B.6 Definitions

Term

Definition

Commerce Florida Department of Commerce.

“Department” is used interchangeably.

Commerce Business Hours Typically, 8:00 AM - 5:00 PM, EST Monday through Friday, during which time Commerce conducts routine business.

Commerce Non-Business Hours Typically, Commerce-Observed holidays, weekends, and nighttime frames, 5:01 PM – 7:59 AM, EST in which Commerce is closed to conducting routine business.

mailto:FloridaCommerce.Purchasing@commerce.fl.gov

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Commerce-Observed Holidays The following holidays are currently observed by Commerce. If any of these holidays fall on a Saturday, the preceding Friday is observed. If any holidays fall on a Sunday, the following Monday is observed.

a. New Year’s Day

b. Martin Luther King Day

c. Memorial Day

d. Independence Day

e. Labor Day

f. Veteran’s Day

g. Thanksgiving Day

h. Friday, following

Thanksgiving Day

i. Christmas Day

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.

Contract A formal written two-party agreement 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, executed by both the Contractor and Commerce.

Contract Manager The person designated by Commerce who is charged with monitoring a Contract through the term of the contract 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 contained in the Contract.

Contractor The person or entity that enters into a contract to sell commodities or contractual services to Commerce. As used in this solicitation the term includes subcontractors, used as agents or representatives of the Contractor with the

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Contractor having primary responsibility for its subcontractors

Contractor Personnel Persons directly employed by the Contractor or its subcontractors.

Corrective Action Plan (CAP) A Vendor’s written comprehensive plan to remedy deficiencies discovered during any resulting Contract monitoring and/or discovered at any time during the term of any resulting Contract.

Eastern Standard Time (EST) Eastern Time Zone Evaluation Methodology The process utilized by Commerce to evaluate the portions of the Responsive Proposal against pre-determined, established evaluation criteria, in order to determine scores and final ranking of qualified, responsive vendors.

Invoice Contractor’s itemized document stating prices and quantities of goods and/or services delivered and submitted to Commerce’s Contract Manager for verification and payment.

Mandatory Responsiveness Requirements Terms, conditions, or requirements that must be met by the Respondent to be responsive to this solicitation. Failure to meet these responsiveness requirements will cause rejection of a Proposal.

Minor Irregularity A variation from the RFP terms and conditions which does not have a significant effect on the price of the Proposal, or the quality of services sought; does not give the Vendor a substantial competitive advantage or benefit not enjoyed by the other Vendors and does not adversely impact the interests of Commerce.

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.

Proposal An offer extended to Commerce in response to a Request for Proposal (RFP). Including the Technical and Cost Proposal, attachments and any supporting documents.

Request for Proposal (RFP) This method is used when it is necessary to consider factors other than price, the purposes and uses for the contractual service are definable, An equal opportunity employer/program. Auxiliary aids and services are available upon request to individuals with disabilities. All voice telephone numbers on this

Commerce Solicitation No.: 25-RFP-002-TD, Page 6 of 73 and it is possible to identify necessary deliverables. Evaluation of Proposals must include, but is not limited to price, which must be specified in the Proposal. Price for each year the contract may be renewed, if applicable; total cost for each year of the contract; and, consideration of prior relevant experience of the vendor. The contract will be awarded to the responsible and responsive vendor whose Proposal is most advantageous to the State taking into consideration the price, qualifications, experience, quality, and other criteria set forth in the RFP.

Respondent The person or entity submitting a Proposal in response to a Request for Proposal.

Responsible Vendor A vendor that has the capability in all respects to fully perform the contract requirements and the integrity and reliability that will assure good faith performance.

Responsive Vendor A vendor that has submitted a Proposal that conforms in all material respects to the solicitation.

Solution A collection of software and/or application functionalities working together to produce an outcome. This may be a Commercial Off the Shelf (“COTS”) System, Software as a Service (SaaS), Platform as a Service (PaaS), or an integrated custom system. For example, a Solution may be comprised of a single technology or many technologies working together to produce a set of functionalities.

State of Florida “State” will be used interchangeably Subcontractor A person or entity under contract with the

Contractor that, upon Commerce’s approval, provide a service specifically defined and required by the Contractor.

Successful Contractor A legally qualified corporation, partnership, or other entity, that will be performing as the Vendor under any Contract resulting from this RFP.

Vendor A person or entity that sells or offers to sell commodities or contractual services.

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

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 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 Proposal.

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 an addendum. Time is stated in terms of Eastern Standard Time (EST) in Tallahassee, Florida.

Calendar of Events Date and Time (EST)

1.

Date of Issuance and publication on the Florida Vendor Information Portal (VIP) website at:

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

June 30, 2025

2. Anticipated Vendor Webinar July 11, 2025

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

July 25, 2025

4:30 PM

4.

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

August 8, 2025

5.

Proposals Due

107 East Madison Street, Caldwell Building Tallahassee, Florida 32399

August 21, 2025

2:30 PM

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6.

Proposals Opened 107 East Madison Street, Caldwell Building

Tallahassee, Florida 32399

August 21, 2025

3:00 PM

7. Anticipated Evaluation of Technical Proposals August 26, 2025

8. Anticipated Posting of Notice of Intent to Award September 16, 2025

9. Anticipated Contract Execution September 30, 2025

Addenda or clarifications to this RFP will be posted on the VIP website. It is the Respondent’s responsibility to monitor the VIP for any solicitation updates.

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 Non-mandatory Pre-Proposal Webinar

A Non-mandatory webinar will be held as per the date, time and location specified in Section B.8, Calendar of Events.

All Respondents intending to submit a Proposal to this RFP are encouraged to attend this webinar.

The webinar will provide Respondents with an opportunity to ask questions to clarify any uncertainties. Questions asked and answers provided at the mandatory conference are not binding; oral answers provided at the mandatory conference are given as temporary guidance to clarify issues until a written answer is issued by Department, in writing, in the form of an RFP Addendum.

Respondents should review and become familiar with the solicitation documents and other supporting materials as listed in this RFP prior to attending the mandatory conference.

B.11 Questions (This section supersedes Section A, PUR 1001, Instruction #5, Questions)

(ATTACHMENT J)

Any questions from Respondents concerning this RFP 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 RFP 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 RFP will be posted on the Florida VIP as an addendum. It is the prospective Respondent’s responsibility to monitor the Florida VIP for any mailto:FloridaCommerce.Purchasing@commerce.fl.gov

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Commerce Solicitation No.: 25-RFP-002-TD, Page 9 of 73 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 website.

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.

B.12 Submission of Proposal (This section supersedes Section A, PUR 1001, Instruction #3, Electronic Submission of Responses)

Original and hard copies of the sealed Proposals must be submitted and clearly marked with the Title of the Proposal, the solicitation number, Respondent’s name, and opening date and time identified on the outside.

Proposals 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 sufficient time to gain access into the building.

PROPOSALS SUBMITTED ELECTRONICALLY WILL BE REJECTED.

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

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

THE RESPONDENT UNOPENED.

B.13 Withdrawal of Proposal

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

B.14 Proposal Opening (This section supersedes Section A, PUR 1001, Instruction #12, Public Opening)

The Proposal Opening will be held at the time and date specified in Section B.8, Calendar of Events

The names of all Respondents submitting Proposals 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 Proposal documents or the attendance to any related meeting or Proposal Opening.

Sealed Proposals received by Commerce in response 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 s. 120.57(3)(a), F.S., or 30 days after the Proposal opening, whichever is earlier.

B.15 Solicitation Requirements

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The following requirements must be met by the Respondent in order for its Proposal to be considered responsive to this solicitation; however, this is not an exhaustive list of mandatory requirements. Timely Proposals 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 Proposal are those set forth as mandatory, or without which an adequate analysis and comparison of Proposals is impossible, or those which affect the competitiveness of Proposals or the cost to Commerce. Proposals 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

1. It is MANDATORY that the Respondent submit its Proposal 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.14, B.38, and B.38.1, it is MANDATORY that the

Respondent return the following with their Technical Proposal:

- one (1) original, signed and sealed Technical Proposal.

- one (1) electronic copy of the signed Technical Proposal (on USB drive), and

- one (1) electronic redacted version of the Technical Proposal (on USB drive), if applicable.

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

A. Commerce Solicitation Acknowledgement Form (Cover Page).

B. Attachment A – Reference Form.

C. Attachment C – Drug Free Workplace Certification.

D. Attachment D – Disclosure Statement/Conflict of Interest.

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

Exclusion Contracts/Subcontracts.

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

Cooperative Agreement.

G. Attachment G – List of Subcontractors.

H. Attachment H – Reference Questionnaire.

I. Attachment K – Foreign Country of Concern Attestation.

J. Attachment L – Proposal Package Checklist.

3. In accordance with the requirements of Sections B.14, B.38, and B.38.2, it is MANDATORY that the

Respondent return the following with their Cost Proposal:

- one (1) original, signed and sealed Attachment B, Cost Proposal.

- one (1) electronic copy of the original, signed Cost Proposal (on USB drive), and

- one (1) electronic redacted version of the Cost Proposal (on USB drive), if applicable.

The required attachments for the Cost Proposal include those referenced below:

A. Attachment B, Cost Proposal.

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4. It is MANDATORY that the Respondent complies with the following statutory requirements: Chapter 119, F. S.

5. If a Respondent fails to submit all completed documentation with its Proposal, Commerce reserves the right, but has no duty, to contact the Respondent by telephone for submission of this document via email.

This right may be exercised when the Proposal has met all other requirements of the solicitation.

The use of the terms “shall”, “must”, or “will” within these solicitation documents indicate a MANDATORY requirement or condition.

B.16 Cost of Preparing Respondent’s Proposal

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

B.17 Disclosure and Ownership of Proposals by Commerce

A Respondent’s Proposal 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 Proposal, 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 Proposal and contract.

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

Any Proposal 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 Proposal, 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 and every such 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 Proposal 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 (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 a Respondent’s Proposal 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 proprietary confidential business information as defined in section 288.075(1)(b), F.S., or 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 Proposal, 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 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 records submitted

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Commerce Solicitation No.: 25-RFP-002-TD, Page 12 of 73 in response 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 Proposal, in hard copy and USB, at the time of Proposal 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 Proposal 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 Proposal does not contain any information which is exempted by law from public disclosure, please provide, as part of the Proposal, 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.

If Respondent submits records to Commerce that are confidential and exempt from public disclosure in accordance with applicable law, such records must be marked accordingly by Respondent prior to submittal of its Proposal.

Failure to identify the legal basis for each exemption from the requirements of Chapter 119, F.S., prior to submittal of the Proposal to Commerce serves as Respondent’s waiver of a claim of exemption. In the event that Commerce receives a public records request or other request for records and Commerce’s claim of exemption asserted in response to Respondent’s assertion of confidentiality is challenged in a court of law, Respondent shall defend, assume, and be responsible for all fees, costs, and expenses, including attorneys’ fees, in connection with such challenge. Respondent shall protect, defend, and indemnify, 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 Proposal, 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 Recommended Award (This section supersedes Section A, PUR 1001, Instruction #13, Electronic Posting or Notice of Intended Award).

The Proposal Tabulation, with recommended award, will be posted for review by interested parties at the location identified in Section B.8, Calendar of Events, for a period of 72 hours, excluding weekends and State observed holidays.

1. ANY NOTICE OF PROTEST OR FORMAL WRITTEN PROTEST MUST BE TRANSMITTED BY THE RESPONDENT

TO THE AGENCY CLERK AS SET FORTH HEREIN. IN NO EVENT WILL COMMERCE CONSIDER ANY

COMMUNICATION MADE BY THE RESPONDENT TO ANY OTHER INDIVIDUAL AT COMMERCE AS A

NOTICE OF PROTEST OR A FORMAL WRITTEN PROTEST UNDER S. 120.57(3), F.S.

2. Failure to file a protest within the time prescribed in Section 120.57(3), F.S., and Chapter 28-110, F.A.C., or failure to post the bond or other security required by law within the time allowed for filing a bond shall constitute a waiver of proceedings under Chapter 120, F.S.

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3. If the Respondent desires to protest Commerce’s decision or intended decision under this solicitation, including a decision to reject all Proposals, the Respondent must do so within the time prescribed in Section 120.57(3), F.S., and Chapter 28-110, Florida Administrative Code (F.A.C.). All notices of protest under Section 28-110.003, F.A.C., must be delivered by email to agency.clerk@commerce.fl.gov. All formal written protests under Section 28-110.004, F.A.C., must be delivered in accordance with the emphasized instructions below, to the agency clerk at the following address:

AGENCY CLERK

FLORIDA DEPARTMENT OF COMMERCE

OFFICE OF THE GENERAL COUNSEL

107 EAST MADISON ST., MSC 110

TALLAHASSEE, FLORIDA 32399-4128

B.20 Number of Awards

Commerce anticipates the issuance of one (1) Contract for software and implementation services resulting from this solicitation. Commerce reserves the right to issue multiple contracts if doing so is believed to be advantageous to Commerce and the State. Commerce, at its sole discretion, shall determine whether multiple contracts will be issued.

B.21 Contract Period

The contract period is expected to begin upon execution and remain in effect for a period of six (6) years. The selected Contractor will be expected to be able to assume the responsibilities outlined herein within 30 days of contract execution. Pursuant to s. 287.0582, F.S., Commerce and the State’s performance and obligation to pay under this contract is contingent upon an annual appropriation by the Legislature.

B.22 Contract Renewal Commerce reserves the right to renew the contract resulting from this RFP 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 the term of the original Contract. Renewals are effective only upon execution of an amendment prior to the expiration of the Contract. Respondent shall include the total cost of each renewal in its response.

B.23 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 doing so is believed to be 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 Vendor 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.

mailto:agency.clerk@commerce.fl.gov

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

B.24 Proposal 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 highest ranked Respondent if a Contract is not executed within 30 calendar days after the announcement of an award and may proceed to award the contract to the second ranked Respondent.

B.25 Firm Proposal - (This section supersedes Section A, PUR 1001, Instruction #14, Firm Response).

Any submitted Proposal shall remain firm and valid for one hundred eighty (180) days after the Proposal submission due date, or until a contract is fully executed, whichever occurs first. The Respondent shall not withdraw any Proposal within this time period except as described in paragraph B.13. Any Proposal 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 Subsection 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 of Florida 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.

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3. Other Insurance:

During the Contract term, Contractor shall maintain any other insurance as required in Section C, Scope of Work.

The Contractor selected under this RFP 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, Contractor shall provide adequate insurance, satisfactory to Commerce, for the protection of its employees not otherwise protected.

The Contractor selected under this RFP 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.

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 30 days written notice to Commerce’s Contract Manager, with the exception of 10 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 Vendor Registration

Prior to entering into a Contract with Commerce, the selected Contractor must be registered with the DMS MyFloridaMarketPlace VIP system. Information about the registration process is available, and registration may be completed at the MyFloridaMarketPlace website.

http://www.dms.myflorida.com/business_operations/state_purchasing/myfloridamarketplace/mfmp_vendors/re quirements_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:

Code Description 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 http://www.dms.myflorida.com/business_operations/state_purchasing/myfloridamarketplace/mfmp_vendors/requirements_for_vendor_registration http://www.dms.myflorida.com/business_operations/state_purchasing/myfloridamarketplace/mfmp_vendors/requirements_for_vendor_registration

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B.30 Florida Department of State Registration Requirements

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

B.31 RESERVED

B.32 Contractors and Subcontractors (ATTACHMENT G)

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 Proposal. Requests for use of subcontractors received subsequent to the RFP process are subject to review and approval by Commerce based on the terms described in this RFP.

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 five (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 Proposal 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 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.

43233400 Utility and Device Driver Software

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B.36 Submittal Requirements

One (1) original Technical Proposal shall be bound, enclosed, and sealed individually and one (1) electronic copy of the signed original Technical Proposal (on USB drive).

One (1) signed original Cost Proposal shall be bound, enclosed, and sealed individually and one (1) electronic copy of the signed original Cost Proposal (on USB drive).

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

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

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

B.37 Elaborate Proposals

It is not necessary to prepare your Proposal using elaborate brochures and artwork, expensive paper and bindings, or other expensive visual presentation aids. Your Proposal shall be prepared in accordance with the instructions herein.

B.38 Instructions for Preparation of the Proposal

This section prescribes the format in which Proposals 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 Proposals 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 Proposal or its content in the Technical Proposal. 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.38.1 Technical Proposal Format

The Respondent must provide a comprehensive description of the proposed Solution, including its technical architecture, key components, and how it addresses the objectives outlined in this RFP. The response should detail how the Solution integrates with existing systems, supports scalability, and ensures data security and compliance.

Diagrams, workflows, and supporting documentation are encouraged to illustrate the Solution’s design and functionality. Additionally, the Respondent should outline any assumptions, dependencies, and potential risks associated with the proposed approach.

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Proposals should be limited to 75 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 Proposal package in the order outlined below, with the sections tabbed for ease of identification and review.

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

The Technical Proposal shall be organized in TABS as follows:

• Commerce Solicitation Acknowledgement Form (Cover Sheet)

The Commerce Solicitation Acknowledgement Form shall be completed as instructed. Respondents are required to complete, sign and return the Commerce Solicitation Acknowledgment Form with their Technical Proposal. 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 Acknowledgement Form with its Technical Proposal, Commerce reserves the right to contact the Respondent by telephone for submission of this document via email with follow up via mail. This right may be exercised when the Proposal has met all other requirements of the solicitation.

If Respondents submit a Proposal as a joint venture, then each member of the joint venture must complete and sign a separate Commerce Solicitation Acknowledgement Form.

Additionally, the Respondent’s Technical Proposal 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)

The Respondent shall provide a management plan which describes the administration, management, key personnel and responsible office.

o Administration and Management (Company Profile)

The Respondent must include a description of the organizational structure and management style established and the methodology to be used to control cost, ensure reliable services and to maintain schedules, as well as the means of coordination and communication between the organization and Commerce. Information about the company’s experience shall be submitted including company profile, experience, years in business, and references. The Proposal should

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Commerce Solicitation No.: 25-RFP-002-TD, Page 19 of 73 be written in non-technical language to summarize the Respondent’s overall capabilities and approaches for accomplishing the services specified herein. This would include the number of staff and number of hours proposed to complete the services specified herein.

o Identification of Key Personnel The Respondent must provide the names of key personnel on the Respondent’s team, as well as a resume for each individual proposed and a description of the functions and responsibilities of each key person relative to the tasks to be performed.