9022 - Solicitation Document FINAL.pdf

ITBSHELL.SERVICES 4/11/2024

State of Florida Department of Transportation

INVITATION TO BID

DATA STORAGE SOLUTION – 5 YEAR SUBSCRIPTION

DOT-ITB-25-9022-SJ

RESPONSES DUE:

Friday, December 13, 2024 @ 9:00 AM EST

CONTACT FOR QUESTIONS:

Sherill Johnson, Procurement Agent 605 Suwannee Street, Mail Station 20

Tallahassee, Florida 32399-0450 CO.Purch@dot.state.fl.us mailto:CO.Purch@dot.state.fl.us

Department of Transportation Central Procurement Office

605 Suwannee Street, Mail Station 20 Tallahassee, Florida 32399-0450

INVITATION TO BID REGISTRATION

PLEASE COMPLETE AND RETURN THIS FORM ASAP

E-MAIL TO SHERILL JOHNSON at CO.Purch@dot.state.fl.us

Bid Number: DOT-ITB-25-9022-SJ

Title: Data Storage Solution – 5 Year Subscription

Bid Due Date & Time (On or Before): Friday, December 13, 2024 @ 9:00 AM EST

Potential bidders should notify our office by returning this Bid Registration Form as soon as possible after downloading. Complete the information below e-mail to Sherill Johnson at CO.Purch@dot.state.fl.us.

THE INVITATION TO BID DOCUMENT YOU RECEIVED IS SUBJECT TO CHANGE.

Notice of changes (Addenda), will be posted on the Florida Vendor Information Portal at https://vendor.myfloridamarketplace.com/, under this bid number, click on “Search Advertisements”, click on the drop-down arrow beside the box under Advertisement Type, select Invitation to Bid, click on the drop-down arrow beside the box for Organization, select FLORIDA DEPARTMENT OF TRANSPORTATION, then go to the bottom of the same page and click on Advertisement Search. It is the responsibility of all potential bidders to monitor this site for any changing information prior to submitting your bid.

Company Name:

Address:

City, State, Zip:

Telephone: ( ) Contact Person:

Internet E-Mail Address:

For further information on this process, e-mail:

Sherill Johnson, Procurement Agent CO.Purch@dot.state.fl.us mailto:CO.Purch@dot.state.fl.us mailto:CO.Purch@dot.state.fl.us https://vendor.myfloridamarketplace.com/

BID SHEET (Page 1 of 2)

BID #: DOT-ITB-25-9022-SJ

BID TITLE: Data Storage Solution – 5 Year Subscription

Goods and Services to be provided as specified in the attached Exhibit A – Scope of Services/Specifications

Description Total Price

Year 1 – Subscription (includes One Year Warranty and phone support)

Year 2 – Subscription (includes One Year Warranty and phone support)

Year 3 – Subscription (includes One Year Warranty and phone support)

Year 4 – Subscription (includes One Year Warranty and phone support)

Year 5 – Subscription (includes One Year Warranty and phone support)

Year 6 – Renewal 1 – Subscription (includes One Year Warranty and phone support)

Year 7 – Renewal 2 – Subscription

Year 8 – Renewal 3 – Subscription

Year 9 – Renewal 4 – Subscription

Year 10 – Renewal 5 – Subscription

GRAND TOTAL $

*Renewal Unit Rates must be stated specifically in dollars and cents, NOT a percentage increase.

OPTIONAL SERVICES

(not included in bid evaluation)

PRICE PER ADDITIONAL UNIT (100TB)

Expandable Storage $

DELIVERY: Delivery will be made within days after receipt of Purchase Order.

Is this product available with recycled content? Yes No

If yes, please send information separate from this Invitation to Bid (See Recycled Material Special Condition for more information).

BID SHEET (Page 2 of 2)

BID #: DOT-ITB-25-9022-SJ

BID TITLE: Data Storage Solution – 5 Year Subscription

Goods and Services to be provided as specified in the attached Exhibit A – Scope of Services/Specifications

MFMP Transaction Fee:

All payment(s) to the vendor resulting from this competitive solicitation WILL be subject to the MFMP Transaction Fee in accordance with the referenced Form PUR 1000 General Contract Condition #7d. The Transaction Fees imposed shall be based upon the date of issuance of the payment.

NOTE: In submitting a response, the bidder acknowledges they have read and agree to the solicitation terms and conditions and their submission is made in conformance with those terms and conditions.

ACKNOWLEDGEMENT: I certify that I have read and agree to abide by all terms and conditions of this solicitation and that I am authorized to sign for the bidder. I certify that the response submitted is made in conformance with all requirements of the solicitation.

Bidder: FEID#

Address: City, State, Zip:

Phone: E-mail:

Authorized Signature: Date:

Printed/Typed: Title:

EXHIBIT A – SCOPE OF SERVICES / SPECIFICATIONS

A subscription agreement (Lease Agreement or Hardware as a Service (HaaS)) is needed to store pavement data (Pavement Condition Surveys (PCS) and Ground Penetrating Radar (GPR)). The PCS and GPR Data are used to support materials, construction, design, and maintenance applications on a statewide level. Data requirements will need the ability to store 27,500 miles of roadway, that is approximately 137.5 terabytes per year. To ensure the data is stored and backed up in multiple locations, the data collected will need to be stored on premises for optimal processing and backed up to an offsite location for security and disaster recovery. The data is used for monitoring, assessing, and reporting on the condition, performance and safety of Florida's roadways as mandated by Florida Statutes 334.24.

PCS and GPR Technical Requirements:

• 2 identical devices will be required to mirror the data. One at the State Materials Office, 5007 N.E. 39th Avenue, Gainesville, FL 32609, for optimal processing, and one at Central Office, NWRDC location: 2048 East Paul Dirac Drive Tallahassee, FL 32310.

• Minimum 700 TB of writeable storage presentable as 1 volume for the on-premises device, and minimum 700 TB of writeable storage presentable as 1 volume for the off-premises device.

• Requires SMBv2/v3. If SMBv1 is supported, it needs to be disabled

• The on and off-site part of the solution will require scheduled maintenance controlled at the Department’s discretion and not be subjected to standard maintenance schedules beyond the Department’s control (software and firmware updates individual drive replacements).

• Performance requirements need a minimum 1000 read 500 write Input output per second (IOPs)

• 5-year warranty and phone support of highest tier support (requires support for 365 days, 24 hours, 7 days a week)

• Requires remote Installation and configuration support from vendor

• Requires vendor support within 4 hours onsite for part replacement

• If the solution needs more than 4 network interfaces per site, the vendor must include needed network hardware.

• Requires the fiber port SFP + and data network (includes optics) for hardware components.

• Requires RJ45 with minimum 1 GB for our access and management

• Requires the ability to revert the storage at least 60 Days

• Must have Active Directory (AD) compatible role-based access control

• If the system is incompatible with FDOTs systems, FDOT has 60 days to return the device after the configuration is signed off with no charge or penalties.

• Scope includes set up for both on and off-site locations

• See Appendix II for additional requirements

DOT-ITB-25-9022-SJ

Exhibit A - Scope of Services/Specifications

Replacement/Restocking

Replacement of all materials found defective within the warranty period shall be made without cost to the purchaser, including transportation if applicable. All fees associated with restocking cancelled orders shall be the responsibility of the vendor.

Liquidated Damages for Down Time

The Vendor acknowledges that failure to complete the services by the completion date designated on the contract document may cause the Department to incur damages that, at present are, and upon the occurrence of the failure to timely complete the services may be, difficult to determine. Moreover, the Parties wish to avoid lengthy and expensive litigation relating to failure to complete the services on time. Therefore, in the event the Vendor fails to complete the authorized services by the completion date designated on the contract document, the Department shall exercise the remedy of liquidated damages against the Vendor, in the amount identified below for instances where the Vendor fails to complete the services. The Parties agree that if the Department allows the Vendor to continue and finish the services, or any part of it, after the expiration of the time allowed, that the Department’s action shall in no way act as a waiver on the part of the Department of the liquidated damages due under this contract. The Vendor shall pay said sum to the Department not as a penalty, but as liquidated damages.

To ensure operation of writeable storage for both on-site and off-site, below are the requirements to ensure operation and support for 365 days, 24 hours, and 7 days a week.

Liquidated Damages will be assessed as follows:

• Support within 4 Hours – No Assessment

• Next Business Day – Liquidated Damages assessed equal to 1% of annual expenditure

• Each additional day of outage the Liquidated Damages will increase an additional 1% per day up to 10% maximum of annual expenditure

Payment Options:

• 5-year lease, with 6 month or twice a year payment installments

Subcontracting for lease

• Yes

Data details

• 35 million JPGs collected per year

• approximately 137.5 TB of data collected per year

• Expected retention of the data is a 10-year running cycle

Subscription Renewal

DOT-ITB-25-9022-SJ

• Provide services and annual rate to meet scope requirements up to an additional 5 years. For subscription renewal purposes, hardware will need to be refreshed for any new 5-year cycles.

Options

• Ability to have expandable storage with a minimum of 100TB storage intervals for both on-premises and off premises storage devices. Specifically, a minimum of 100TB of writeable storage presentable as 1 volume for the on-premises device and, and a minimum of 100TB of writeable storage presentable as 1 volume for the off-premises device. This option will be consistent with the requirements in section PCS and GPR Technical Requirements. This item will be billed at an optional specific unit rate on an annual basis.

DOT-ITB-25-9022-SJ

MINIMUM QUALIFICATIONS STATEMENT

How many years has your business performed the type of services being requested? ________________

Provide a written statement detailing your qualifications:

WORK REFERENCES

List the names of three references for which your business has provided similar services.

BUSINESS NAME ADDRESS CONTACT PERSON PHONE NO.

1. ________________________________________________________________________________________

2. ________________________________________________________________________________________

3. ________________________________________________________________________________________

STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION

DRUG-FREE WORKPLACE PROGRAM CERTIFICATION

375-040-18

PROCUREMENT

03/17

287.087 Preference to businesses with drug-free workplace programs. --Whenever two or more bids, proposals, or replies that are equal with respect to price, quality, and service are received by the state or by any political subdivision for the procurement of commodities or contractual services, a bid, proposal, or reply received from a business that certifies that it has implemented a drug-free workplace program shall be given preference in the award process. In order to have a drug-free workplace program, a business shall:

(1) Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition.

(2) Inform employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations.

(3) Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (1).

(4) In the statement specified in subsection (1), notify the employees that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than 5 days after such conviction.

(5) Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community by, any employee who is so convicted.

(6) Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section.

Does the individual responding to this solicitation certify that their firm has implemented a drug-free workplace program in accordance with the provision of Section 287.087, Florida Statutes, as stated above?

YES

NO

NAME OF BUSINESS:

MBE PLANNED UTILIZATION

375-040-24

03/17

PROCUREMENT NO. DOT-ITB-25-9022-SJ FINANCIAL PROJECT NO.

(DEPARTMENT USE ONLY)

DESCRIPTION: Data Storage Solution - 5 Year Subscription

I, , (name) (title) of plan to subcontract at least % (percent) of the project costs on the above referenced project to Minority

Business Enterprises.

If I have indicated above that a portion of the project costs will be subcontracted to MBE(s), the firms considered as proposed subconsultants/contractors and the types of services or commodities to be subcontracted are as follows:

MBE SUBCONSULTANTS/CONTRACTORS TYPES OF SERVICES/COMMODITIES

I understand that I will need to submit Minority Business Enterprises (MBE) payment certification forms to the Department for reporting purposes only.

Signed:

Title:

Date:

E-VERIFY

375-031-06

PROCUREMENT

OGC – 10/21

In accordance with the contract, the Vendor/Consultant/Contractor hereby acknowledges and certifies compliance with Section 448.095, Florida Statutes. The Vendor/Consultant/Contractor shall register with and use the E-Verify system to verify the work authorization status of all newly hired employees. The Vendor/Consultant/Contractor shall utilize the U.S. Department of Homeland Security’s E-Verify system, in accordance with the terms governing use of the system. The Vendor/Consultant/Contractor shall comply with Section 448.095, Florida Statutes, for the duration of the contract term, including any extensions or renewal periods.

Company/Firm:

Authorized Signature:

Title:

Date:

Contract No:

Financial Project No(s):

Project Description: Data Storage Solution (DOT-ITB-25-9022-SJ)

STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 375-030-60

Florida Statutes VENDOR CERTIFICATION REGARDING PROCUREMENT

287.135 SCRUTINIZED COMPANIES LISTS OGC – 06/18

Respondent Vendor Name: _____________________________________________________

Vendor FEIN: ___________________

Vendor’s Authorized Representative Name and Title: ___________________________________

Address: ______________________________________________________________________

City: _____________________ State: _____________________________ Zip: ______________

Phone Number: ____________________________________

Email Address: _

Section 287.135, Florida Statutes prohibits a company from bidding on, submitting a proposal for, or entering into or renewing a contract for goods or services of any amount if, at the time of contracting or renewal, the company is on the Scrutinized Companies that Boycott Israel List, created pursuant to Section 215.4725, Florida Statutes, or is engaged in a boycott of Israel. Section 287.135, Florida Statutes, also prohibits a company from bidding on, submitting a proposal for, or entering into or renewing a contract for goods or services of $1,000,000 or more, that are on either the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector Lists which were created pursuant to s. 215.473, Florida Statutes.

As the person authorized to sign on behalf of Respondent, I hereby certify that the company identified above in the section entitled “Respondent Vendor Name” is not listed on either the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or the Scrutinized Companies that Boycott Israel List. I further certify that the company is not engaged in a boycott of Israel. I understand that pursuant to section 287.135, Florida Statutes, the submission of a false certification may subject company to civil penalties, attorney’s fees, and/or costs.

Certified By: __________________________________________________________ who is authorized to sign on behalf of the above referenced company.

Authorized Signature Print Name and Title: _________________________________________

Date:

I N T R O D U C T I O N S E C T I O N

1) INVITATION

The State of Florida Department of Transportation (hereinafter referred to as the "Department") is soliciting written bids from qualified bidders to establish a contract to provide a 5-Year Data Storage Solution Subscription. It is anticipated that the term of the contract will begin on or about January 1, 2025, and be effective for sixty (60) months thereafter.

For the purpose of this document, the term "bidder" means the bidder acting on their own behalf and those individuals, partnerships, firms, or corporations comprising the bidder team. The term "bid package" means the complete response of the bidder to the Invitation to Bid, including properly completed forms and supporting documentation. After the award, said bidder will be referred to as the "Vendor".

2) TIMELINE

Provided below is a list of critical dates and actions. These dates are subject to change. Notices of changes (Addenda) will be posted on the Florida Vendor Information portal at https://vendor.myfloridamarketplace.com/ (click on “Search Advertisements”) under this bid number. It is the responsibility of all potential bidders to monitor this site for any changing information prior to submitting your bid.

ACTION / LOCATION DATE LOCAL TIME

DEADLINE FOR TECHNICAL QUESTIONS - 12-04-2024 05:00 PM EST

There is no deadline for administrative questions.

BIDS DUE (ON OR BEFORE) - 12-13-2024 09:00 AM EST

Florida Department of Transportation Central Procurement Office Sherill Johnson, Procurement Agent Phone: (850) 414.4381

CO.Purch@dot.state.fl.us

PUBLIC OPENING - 12-13-2024 10:00 AM EST

Florida Department of Transportation Central Procurement Office Sherill Johnson, Procurement Agent 605 Suwannee Street Tallahassee, FL 32399-0450

POSTING OF INTENDED DECISION/AWARD - 12-17-2024

3) BID OPENING AGENDA

The sealed bids will be opened by the Department's Procurement Office personnel at the date, time and location in the Timeline. All bid openings are open to the public and will be conducted according to the following agenda:

Opening remarks – Approximate time of 2 minutes by Department Procurement Office personnel.

Public input period – To allow a maximum of 15 minutes total for public input related to the bid solicitation.

Bids opened – At conclusion of public input or 15 minutes, whichever occurs first, bids received timely will be opened with bidder’s name and prices to be read aloud.

Adjourn - After all bids received timely have been opened, the meeting will be adjourned.

DOT-ITB-25-9022-SJ 1

4) SPECIAL ACCOMMODATIONS

Any person with a qualified disability requiring special accommodations at a pre-bid conference, public meeting, and/or opening shall contact the contact person at the phone number, e-mail address provided on the title page at least five (5) working days prior to the event. If you are hearing or speech impaired, please contact this office by using the Florida Relay Services which can be reached at 1 (800) 955-8771

(TDD).

S P E C I A L C O N D I T I O N S

1) MyFloridaMarketPlace

BIDDERS MUST BE REGISTERED IN THE STATE OF FLORIDA’S MYFLORIDAMARKETPLACE

SYSTEM BY THE TIME AND DATE OF THE BID OPENING OR THEY MAY BE CONSIDERED NON-

RESPONSIVE (see Special Condition 21). All prospective bidders that are not registered should go to https://vendor.myfloridamarketplace.com/ to complete on-line registration, or call 1-866-352-3776 for assisted registration.

All payment(s) to the vendor resulting from this competitive solicitation WILL be subject to the MFMP Transaction Fee in accordance with the referenced Form PUR 1000 General Contract Condition #7d.

The Transaction Fees imposed shall be based upon the date of issuance of the payment.

2) Florida Department of Financial Services (DFS) W-9 REQUIREMENT

The Florida Department of Financial Services (DFS) requires all vendors that do business with the state to submit an electronic Substitute Form W-9. Vendors must submit their W-9 forms electronically at https://flvendor.myfloridacfo.com to receive payments from the state. Contact the DFS Customer Service Desk at (850) 413-5519 or FLW9@myfloridacfo.com with any questions.

3) QUESTIONS & ANSWERS

In accordance with section 287.057(25), Florida Statutes, respondents to this solicitation or persons acting on their behalf may not contact, between the release of the solicitation and the end of the 72-hour period following the agency 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 procurement officer or as provided in the solicitation documents.

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

Any technical questions arising from this Invitation to Bid must be forwarded, in writing, to the procurement agent identified below. Questions must be received no later than the time and date reflected on the Timeline. The Department’s written response to written inquiries submitted timely by bidders will be posted on the Florida Vendor Information portal at https://vendor.myfloridamarketplace.com/ (“Search Advertisements”), under this bid number. It is the responsibility of all potential bidders to monitor this site for any changing information prior to submitting their bid.

WRITTEN TECHNICAL QUESTIONS should be submitted to:

Sherill Johnson at CO.Purch@dot.state.fl.us

Questions regarding administrative aspects of the bid process should be directed to the Procurement Agent in writing at the email address above.

DOT-ITB-25-9022-SJ 2

https://flvendor.myfloridacfo.com/ mailto:FLW9@myfloridacfo.com

4) ORAL INSTRUCTIONS / CHANGES TO THE INVITATION TO BID (ADDENDA)

No negotiations, decisions, or actions will be initiated or executed by a bidder as a result of any oral discussions with a State employee. Only those communications which are in writing from the Department will be considered as a duly authorized expression on behalf of the Department.

Notices of changes (Addenda) will be posted on the Florida Vendor Information portal at https://vendor.myfloridamarketplace.com/ (“Search Advertisements”) under this bid number. It is the responsibility of all potential bidders to monitor this site for any changing information prior to submitting your bid. All Addenda will be acknowledged by signature and subsequent submission of Addenda with bid when so stated in the Addenda.

5) DIVERSITY ACHIEVEMENT: MINORITY BUSINESS ENTERPRISE (MBE) UTILIZATION

The Department, in accordance with Title VI of the Civil Rights Act of 1964, 42 USC 2000d- 2000d-4, Title 49, Code of Federal Regulations, U.S. Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Nondiscrimination in federally-assisted programs of the Department of Transportation issued pursuant to such Act, hereby notifies all bidders that the Department will affirmatively ensure that in any contract/agreement entered into pursuant to this advertisement, minority and disadvantaged business enterprises will be afforded the full opportunity to submit bids in response to this invitation and will not be discriminated on the basis of race, color, national origin, or sex in consideration for an award.

The Department encourages small, minority, women, and service-disabled veteran businesses to compete for Department contracts, both as “Vendor” and as subcontractors. The Department, its vendors, suppliers, and consultants should take all necessary and reasonable steps to ensure that small, minority, women, and service-disabled veteran businesses have the opportunity to compete for and perform contract work for the Department in a nondiscriminatory environment. Bidders are requested to indicate their intention regarding MBE participation on the MBE Planned Utilization form and to submit the completed form with their Bid Sheet. The contract vendor will be asked to submit payment certification for MBE subcontractors used.

To request certification or to locate certified MBEs, call the Office of Supplier Diversity, Department of Management Services at (850) 487-0915, or access their MBE directory on the Internet at www.osd.dms.state.fl.us/.

6) SCOPE OF SERVICES/SPECIFICATIONS

Details of the services, information and items to be furnished by the Vendor are described in Exhibit "A", Scope of Services/Specifications, attached hereto and made a part hereof.

7) INTENDED AWARD

The Department intends to award this contract to the responsive and responsible bidder that submits the lowest responsive bid. If the Department is confronted with identical pricing or scoring from multiple vendors, the Department shall determine the order of award using the following criteria, in the order of preference listed below (from highest priority to lowest priority):

1. Section 295.187(4), Florida Statutes; Veteran Business Enterprise

2. Section 287.087, Florida Statute; Drug Free Work Place

3. Section 287.057(11); Minority Business Enterprise

In the event that the application of the above referenced preferences does not resolve the identical replies, the Department shall determine the award by means of random drawing.

DOT-ITB-25-9022-SJ 3

http://www.osd.dms.state.fl.us/

8) PRE-BID CONFERENCE

A PRE-BID CONFERENCE WILL NOT BE HELD.

9) QUALIFICATIONS

9.1 GENERAL

Vendor must meet the following minimum qualifications:

9.1.1 Been actively engaged in the type of business being requested for a minimum of 5 years.

9.2 BIDDER QUALIFICATIONS

When submitting the bid, each bidder must submit a written statement (“Minimum Qualifications Statement” form), detailing their qualifications that demonstrate they meet the minimum qualifications contained in Special Condition 9.1.1, above. Failure by the bidder to provide the above item(s) will constitute a non-responsive determination. Bids found to be non-responsive will not be considered.

9.3 AUTHORIZED TO DO BUSINESS IN THE STATE OF FLORIDA

In accordance with sections 607.1501, 605.0211(2)(b), and 620.9102, Florida Statutes, out of state corporations, out of state limited liability companies, and out of state limited partnerships must be authorized to do business in the State of Florida. Such authorization should be obtained by the bid due date and time, but in any case, must be obtained prior to the award of the contract. For authorization, contact:

Florida Department of State Tallahassee, Florida 32399

(850) 245-6051

9.4 LICENSE TO CONDUCT SERVICES IN THE STATE OF FLORIDA

If the services being provided requires that individuals be licensed by the Department of Business and Professional Regulation, such licenses should be obtained by the bid due date and time, but in any case, must be obtained prior to posting of the intended award of the contract.

For licensing, contact:

Florida Department of Business and Professional Regulation

Tallahassee, Florida 32399-0797

(850) 487-1395

10) WARRANTY/SUBSTITUTIONS

When performance of the services requires the supply of commodities, a warranty is required on all items provided against defective materials, workmanship, and failure to perform in accordance with required industry performance criteria, for a period of not less than five years from the date of acceptance by the purchaser. Any deviation from this criterion must be documented in the bid response or the above statement shall prevail. Delivery of substitute commodities requires prior written approval from the ordering location.

Replacement of all materials found defective within the warranty period shall be made without cost to the purchaser, including transportation if applicable. All fees associated with restocking cancelled orders shall be the responsibility of the vendor.

DOT-ITB-25-9022-SJ 4

All items provided during the performance of the contract found to be poorly manufactured will not be accepted, but returned to the vendor, at their expense, for replacement. Replacement of all items found defective shall be made without cost to the Department, including transportation, if applicable. As it may be impossible for each facility to inspect all items upon arrival, a reasonable opportunity must be given to these facilities for inspection of the items, and returning those that are defective.

11) LIABILITY INSURANCE

No general liability insurance is required.

12) PERFORMANCE BOND

A Performance Bond is not required for this project.

13) METHOD OF COMPENSATION

For the satisfactory performance of these services the Vendor shall be paid as described in the attached Exhibit “B”, Method of Compensation.

14) CONTRACT DOCUMENT: STANDARD WRITTEN AGREEMENT

The Department’s “Standard Written Agreement” is attached hereto and made a part hereof. The terms and conditions contained therein will become an integral part of the contract resulting from this solicitation. In submitting a bid, the bidder agrees to be legally bound by these terms and conditions.

15) REVIEW OF BIDDER'S FACILITIES & QUALIFICATIONS

After the bid due date and prior to contract execution, the Department reserves the right to perform or to have performed, an on-site review of the bidder's facilities and qualifications. This review will serve to verify data and representations submitted by the bidder and may be used to determine whether the bidder has adequate facilities, equipment, qualified and experienced staff, and overall management capabilities to provide the required services. The review may also serve to verify whether the bidder has financial capabilities adequate to meet the contract requirements.

Should the Department determine that the bid package has material misrepresentations or that the size or nature of the bidder's facilities, equipment, management capabilities, or the number of experienced personnel (including technical staff) are not adequate to ensure satisfactory contract performance, the Department has the right to reject the bid.

16) PROTEST OF INVITATION TO BID SPECIFICATIONS

Any person who is adversely affected by the contents of this Invitation to Bid must file the following with the Department of Transportation, Clerk of Agency Proceedings, Office of the General Counsel, 605 Suwannee Street, Mail Station 58, Tallahassee, Florida 32399-0450:

1. A written notice of protest within seventy-two (72) hours after the posting of the solicitation, (the notice of protest may be Faxed to 850-414-5264), and

2. A formal written protest in compliance with Section 120.57(3), Florida Statutes, within ten (10) days of the date on which the written notice of protest is filed.

Failure to file a protest within the time prescribed in section 120.57(3), Florida Statutes, 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, Florida Statutes.

DOT-ITB-25-9022-SJ 5

17) UNAUTHORIZED ALIENS

The employment of unauthorized aliens by any contractor is considered a violation of Section 274A(e) of the Immigration and Nationality Act. If the contractor knowingly employs unauthorized aliens, such violation shall be cause for unilateral cancellation of the contract.

18) SCRUTINIZED COMPANIES LISTS

ALL Responses, regardless of dollar value, must include a completed Vendor Certification Regarding Scrutinized Companies Lists to certify the respondent is not on either of those lists. The Form should be submitted with the bid package.

A Vendor is ineligible to enter into a contract with the Department for goods or services of any amount if, at the time of entering into such contract, the Vendor is on the Scrutinized Companies that Boycott Israel List, created pursuant to Section 215.4725, Florida Statutes, or is engaged in a boycott of Israel.

Section 287.135, Florida Statutes, also prohibits companies from entering into a contract for goods or services of $1 million or more that are on either the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector Lists which were created pursuant to s. 215.473, Florida Statutes.

If the Department determines the Vendor submitted a false certification under Section 287.135 of the Florida Statutes, the Department shall either terminate the Contract after it has given the Vendor notice and an opportunity to demonstrate the Department’s determination of false certification was in error pursuant to Section 287.135 of the Florida Statutes, or maintain the Contract if the conditions of Section

287.135 of the Florida Statutes are met.

19) RESERVATIONS

The Department reserves the right to accept or reject any or all bids received and reserves the right to make an award without further discussion of the bids submitted. Therefore, the bidder should make sure that the bid package submitted is complete and accurate and submitted to ensure delivery on or before the bid opening time and date specified in this solicitation. It is understood that the bid will become a part of the Department's official file, without obligation to the Department.

20) ADDITIONAL TERMS & CONDITIONS

No conditions may be applied to any aspect of the ITB by the bidder, which includes additional terms and conditions. Any conditions placed on any aspect of the bid documents by the bidder may result in the bid being rejected as a conditional bid (see “RESPONSIVENESS OF BIDS”). DO NOT WRITE IN CHANGES ON ANY ITB SHEET. The only recognized changes to the ITB prior to bid opening will be a written Addenda issued by the Department.

21) RESPONSIVENESS OF BIDS

Bids will not be considered if not received by the Department on or before the date and time specified as the due date for submission. All bids must be typed or printed in ink. A responsive bid is an offer to provide the services specified in this Invitation to Bid in accordance with all requirements of this Invitation to Bid. Bids found to be non-responsive will not be considered. Bids may be rejected if found to be irregular or not in conformance with the requirements and instructions herein contained. A bid may be found to be irregular or non-responsive by reasons that include, but are not limited to, failure to utilize or complete prescribed forms, modifying the bid requirements, submitting conditional bids or incomplete bids, submitting indefinite or ambiguous bids, or executing forms or the bid sheet with improper and/or undated signatures. Other conditions which may cause rejection of bids include, evidence of collusion among bidders, obvious lack of experience or expertise to provide the required services, and failure to perform or meet financial obligations on previous contracts. ALL determinations of responsiveness will

DOT-ITB-25-9022-SJ 6

be the responsibility of the FDOT Procurement Office.

22) BID SHEET

The bidder must use the attached Bid Sheet to submit its bid. The Bid Sheet must be signed and dated by a representative who is authorized to contractually bind the bidder. All bid sheets and other documentation submitted in response to this solicitation must be executed and submitted in accordance with Special Condition 27: Electronic Submission of Bids.

23) ESTIMATED QUANTITIES

The Department anticipates purchasing the estimated quantities shown on the bid sheet(s), for a one (1) year period of any contract resulting from this bid. The estimated quantities are given only as a guideline for preparing your bid and should not be construed as representing the actual quantities to be authorized under this contract. The Vendor(s) shall supply, at bid prices, the actual quantities authorized regardless of whether the total of such quantities is more or less than anticipated. This bid and the resulting contract will be subject to annual appropriated funding.

24) "DRUG-FREE WORK PLACE" PREFERENCE

Whenever two or more bids which are equal with respect to price, quality, and service are received, the Department shall determine the order of award first in accordance with section 295.187(4), Florida Statutes, giving preference to “Veteran Business Enterprise” then to bid responses from vendors that certify the business has implemented a drug-free workplace program in accordance with Section 287.087, Florida Statutes. The “Drug-Free Workplace Program Certification” must be completed and submitted with the bid response to be eligible for this preference.

25) COPYRIGHTED MATERIAL

Copyrighted material will be accepted as part of a bid only if accompanied by a waiver that will allow the Department to make paper and electronic copies necessary for the use of Department staff and agents.

It is noted that copyrighted material is not exempt from the Public Records Law, Chapter 119, Florida Statutes. Therefore, such material will be subject to viewing by the public, but copies of the material will not be provided to the public.

26) ATTACHMENT TO ITB SUBMITTAL - CONFIDENTIAL MATERIAL

The Bidder must include any materials it asserts to be exempted from public disclosure under Chapter 119, Florida Statutes, in a separate document labeled "Vendor’s Name - Confidential Material". The Bidder must identify the specific Statute that authorizes exemption from the Public Records Law. Any claim of confidentiality on materials the Bidder asserts to be exempt from public disclosure and placed elsewhere in the bid will be considered waived by the Bidder upon submission, effective after opening.

27) ELECTRONIC SUBMISSION OF BIDS:

Please follow the below instructions for the submittal of electronic bids, failure to do so, may result in your bid being found non-responsive. Non-responsive replies will not be evaluated.

a) Subject line must show: Bidder’s Name – DOT-ITB-25-9022-SJ

b) Email shall contain one or two file attachments marked as follows:

Bidder’s Name – Bid Submittal Bidder’s Name – Confidential Material (if applicable)

c) Documents shall be submitted in portable document format (PDF) and have a size limit of

DOT-ITB-25-9022-SJ 7

20MB.

d) Documents shall not be submitted in a ZIP (.zip) file.

e) The body of the email shall not contain any information

f) Bids shall be submitted to: CO.Purch@dot.state.fl.us

It is the bidder’s responsibility to assure that the bid is delivered to the proper place on or before the Bid Due date and time (See Introduction Section 2 Timeline). Bids which for any reason are not so delivered, will not be considered.

28) MODIFICATIONS, RESUBMITTAL AND WITHDRAWAL

Bidders may modify submitted bids at any time prior to the bid due date. Requests for modification of a submitted bid shall be in writing and must be signed by an authorized signatory of the bidder. Upon receipt and acceptance of such a request, the entire bid will be voided and not considered unless resubmitted by the due date and time. Bidders may also send a change in a separate email to be opened at the same time as the bid.

29) POSTING OF INTENDED DECISION/AWARD

29.1 - General:

The Department’s decision will be posted on the Florida Vendor Information portal, at https://vendor.myfloridamarketplace.com/, on the date in the Timeline, and will remain posted for a period of seventy-two (72) hours. Any bidder who is adversely affected by the Department's recommended award or intended decision must file the following with the Department of Transportation, Clerk of Agency Proceedings, Office of the General Counsel, 605 Suwannee Street, Mail Station 58, Tallahassee, Florida 32399-0450:

1. A written notice of protest within seventy-two (72) hours after posting of the Intended Award, (the notice of protest may be Faxed to 850-414-5264), and

2. A formal written protest and protest bond in compliance with Section 120.57(3), Florida Statutes, within ten (10) days of the date on which the written notice of protest is filed. At the time of filing the formal written protest, a bond (a cashier’s check or money order may be accepted) payable to the Department must also be submitted in an amount equal to one percent (1%) of the estimated contract amount based on the contract price submitted by the protestor.

Failure to file a protest within the time prescribed in Section 120.57(3), Florida Statutes, 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, Florida Statutes.

29.2 - Inability to Post:

If the Department is unable to post as defined above, the Department will notify all bidders by electronic notification on the Florida Vendor Information portal (see special condition 29.1, above) and/or telephone. The Department will provide notification of any future posting in a timely manner.

29.3 - Request to Withdraw Bid:

Requests for withdrawal will be considered if received by the Department, in writing, within seventy-two

(72) hours after the bid opening time and date. Requests received in accordance with this provision will be granted by the Department upon proof of the impossibility to perform based upon obvious error on the part of the bidder. Bidders that do not withdraw as stated above will forfeit their bid bond, if applicable.

DOT-ITB-25-9022-SJ 8

30) AWARD OF THE CONTRACT

Services will be authorized to begin when the Vendor receives a Standard Written Agreement executed by both parties, and a written Notice to Proceed, issued by the Project Manager, as appropriate, indicating the encumbrance of funds and award of the contract:

31) RENEWAL

Upon mutual agreement, the Department and the Contract Vendor may renew the Contract for a period that may not exceed 3 years or the term of the original contract, whichever is longer. The renewal must be in writing and signed by both parties, and is subject to the same terms and conditions set forth in the initial contract and any written amendments signed by the parties. Any renewal shall specify the renewal price, as set forth in the solicitation response except that an agency may negotiate lower pricing. Renewal is contingent upon satisfactory performance evaluations and subject to the availability of funds.

32) ATTACHED FORMS

Exhibit C - Bid Sheet Minimum Qualifications Statement Drug-Free Workplace Program Certification (Form 375-040-18) Vendor Certification Regarding Scrutinized Companies Lists (Form 375-030-60) MBE Planned Utilization (Form 375-040-24) Appendix II – Information Technology Resources (Form 375-040-29) E-Verify (Form 375-031-06) PUR 7801 (if applicable)

33) TERMS AND CONDITIONS

33.1 General Contract Conditions (PUR 1000)

The State of Florida’s General Contract Conditions are outlined in form PUR 1000, which is a downloadable document incorporated into this Invitation to Bid (ITB) by reference. Any terms and conditions set forth in this ITB document take precedence over the PUR 1000 form where applicable.

http://www.dms.myflorida.com/content/download/2933/11777/1000.pdf

The following paragraphs do not apply to this Invitation to Bid:

Paragraph 8a, Dispute Resolution - PUR 1000 Paragraph 5I, PRIDE – PUR 1000, when federal funds are utilized.

33.2 General Instructions to Respondents (PUR 1001)

The State of Florida’s General Instructions to Respondents are outlined in form PUR 1001, which is a downloadable document incorporated into this Invitation to Bid (ITB) by reference. Any terms and conditions set forth in this ITB document take precedence over the PUR 1001 form where applicable.

http://www.dms.myflorida.com/content/download/2934/11780/1001.pdf

The following paragraphs do not apply to this Invitation to Bid:

Paragraph 3, Electronic Submission – PUR 1001 Paragraph 4, Terms and Conditions – PUR 1001 Paragraph 5, Questions – PUR 1001

33.3 MFMP Purchase Order Terms and Conditions

All MFMP Purchase Order contracts resulting from this solicitation will include the terms and conditions

DOT-ITB-25-9022-SJ 9

https://www.dms.myflorida.com/content/download/168635/file/PUR%207801%20%28Vendor%20Certification%20Form%29.docx http://www.dms.myflorida.com/content/download/2933/11777/1000.pdf http://www.dms.myflorida.com/content/download/2934/11780/1001.pdf of this solicitation and the State of Florida’s standardized Purchase Order Terms and Conditions, which can be found at the Department of Management Services website at the following link:

https://www.dms.myflorida.com/business_operations/state_purchasing/myfloridamarketplace/mfmp_agency_c ustomers/po_terms_conditions Section 8(B), PRIDE, is not applicable when using federal funds.

34) ORDER OF PRECEDENCE

All responses are subject to the terms and conditions of this solicitation, which, in case of conflict, shall have the following order of precedence listed:

Special Conditions Exhibit A -Scope of Services/Specifications

Exhibit B – Method of Compensation Exhibit C - Bid Sheet Standard Written Agreement Appendix II (Information Technology Resources) Instructions to Respondents (PUR 1001) General Conditions (PUR 1000) Introduction Section

35) LIQUIDATED DAMAGES

The Vendor acknowledges that failure to complete the services by the completion date designated on the contract document may cause the Department to incur damages that, at present are, and upon the occurrence of the failure to timely complete the services may be, difficult to determine. Moreover, the Parties wish to avoid lengthy and expensive litigation relating to failure to complete the services on time.

Therefore, in the event the Vendor fails to complete the authorized services by the completion date designated on the contract document, the Department shall exercise the remedy of liquidated damages against the Vendor, in the amount identified in the Scope of Services/Specifications for instances where the Vendor fails to complete the services. The Parties agree that if the Department allows the Vendor to continue and finish the services, or any part of it, after the expiration of the time allowed, that the Department’s action shall in no way act as a waiver on the part of the Department of the liquidated damages due under this contract. The Vendor shall pay said sum to the Department not as a penalty, but as liquidated damages.

36) REPLACEMENT/RESTOCKING

Replacement of all materials found defective within the warranty period shall be made without cost to the purchaser, including transportation if applicable. All fees associated with restocking cancelled orders shall be the responsibility of the vendor.

37) ANTITRUST VIOLATOR VENDOR LIST

Pursuant to Section 287.137(2)(a), Florida Statutes, a person or an affiliate who has been placed on the antitrust violator vendor list following a conviction or being held civilly liable for an antitrust violation may not submit a bid, proposal, or reply for any new contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply for a new contract with a public entity for the construction or repair of a public building or public work; may not submit a bid, proposal, or reply on new leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a new contract with a public entity; and may not transact new business with a public entity.

38) PROHIBITION AGAINST CONSIDERING SOCIAL, POLITICAL, OR IDEOLOGICAL

DOT-ITB-25-9022-SJ 10

https://www.dms.myflorida.com/business_operations/state_purchasing/myfloridamarketplace/mfmp_agency_customers/po_terms_conditions https://www.dms.myflorida.com/business_operations/state_purchasing/myfloridamarketplace/mfmp_agency_customers/po_terms_conditions

INTERESTS IN GOVERNMENT CONTRACTING

Pursuant to Section 287.05701, Florida Statutes, an awarding body may not request documentation of or consider a vendor’s social, political, or ideological interests when determining if the vendor is a responsible vendor, and an awarding body may not give preference to a vendor based on the vendor’s social, political, or ideological interest.

DOT-ITB-25-9022-SJ 11

375-040-19

OGC – 10/23

STANDARD WRITTEN AGREEMENT

Agreement No.

Financial Project I.D.

F.E.I.D. No.:

Appropriation Bill Number(s)/Line Item Number(s) for 1st year of contract, pursuant to s. 216.313, F.S.:

(required for contracts in excess of $5 million)

Procurement No.: DOT-ITB-25-9022-SJ

DMS Catalog Class No.:

BY THIS AGREEMENT, made and entered into on by and between the

STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, hereinafter called the "Department" and , of duly authorized to conduct business in the State of Florida, hereinafter called “Vendor,” hereby agree as follows:

1. SERVICES AND PERFORMANCE

A. In connection with Data Storage Solution - 5 Year Subscription , the Department does hereby retain the Vendor to furnish certain services, information, and items as described in Exhibit "A," attached hereto and made a part hereof.

B. Before making any additions or deletions to the work described in this Agreement, and before undertaking any changes or revisions to such work, the parties shall negotiate any necessary cost changes and shall enter into an Amendment covering such work and compensation. Reference herein to this Agreement shall include any amendment(s).

C. All tracings, plans, specifications, maps, computer files, and reports prepared or obtained under this

Agreement, as well as all data collected, together with summaries and charts derived therefrom, shall be the exclusive property of the Department without restriction or limitation on their use and shall be made available, upon request, to the…