Addendum No. 2 & Additional Q&A.pdf

Digital Security Solutions

Request for Proposals (RFP)

No. 24-43230000-RFP-2

Additional Questions and Answers and

Addendum No. 2

Questions and Answers

The Department has received the following questions through the Business Network. The questions are shown below exactly as they were received. The Department’s answers are provided in the table listed below. Additionally, the Department is revising its answer to Question 135:

135 the word documents provided (attachment

L3) are giving us problems when trying to input our responses to the prompts. For example prompt 1 is not allowing up to 3,000 characters max as stated. I noticed it is set to review mode and not edit mode.

Can you please turn off track changes and set it to edit mode and reissue the attachments? When we try to input responses sometimes it jumps to the next prompt when trying to respond to a different prompt.

Attachments L1-L16, Technical Response Attachment documents were created in Microsoft Word. The Department is unable to recreate this issue.

Please refer to Section 1.4, Revised Attachment L, of the Addendum 2.

186 Section 4.2.1 (Suspension of Work): Would the State be willing to modify this section (for all vendors) as to clarify that any suspension or partial termination would be subject to a mutually agreed change control process to address any impacts?

No. In submitting a Proposal, the Respondent certifies that it understands, represents, and acknowledges the Respondent has read and understands the terms and conditions listed in the Draft Term Contract, and the submission is made in conformance with those terms and conditions and if an award is made, that the Respondent agrees it will execute the Draft Term Contract. The Enterprise Standard Terms and Conditions set forth the terms and conditions regarding the administration of the Term Contract, including the provision of Products to Customers. Customer specific terms for purchases off this Term Contract shall be set forth in the Customer specific agreement. The Customer may attach additional terms and conditions specific to its particular purchase made off the Term Contract, which are considered Special Conditions. Any Customer Special Conditions shall not become a part of the Term Contract.

187 Section 4.2.2 (Termination for Convenience): Would the State be willing to modify this section (for all vendors) to delete the word “satisfaction” in order to make this provision “objective” and based upon completion of services pursuant to the terms of the Contract?

No. In submitting a Proposal, the Respondent certifies that it understands, represents, and acknowledges the Respondent has read and understands the terms and conditions listed in the Draft Term Contract, and the submission is made in conformance with those terms and conditions and if an award is made, that the Respondent agrees it will execute the Draft Term Contract. The Enterprise Standard Terms and Conditions set forth the terms and conditions regarding the administration of the Term Contract, including the provision of Products to Customers. Customer specific terms for purchases off this Term Contract shall be set forth in the Customer specific agreement. The Customer may attach additional terms and conditions specific to its particular purchase made off the Term Contract, which are considered Special Conditions. Any Customer Special Conditions shall not become a part of the Term Contract.

188 Section 4.2.3 (Termination for Cause): Would the State be willing to modify this section (for all vendors) as to clarify that all vendors would be entitled to a reasonable cure period (if the event is curable) in the event of a material breach?

No. In submitting a Proposal, the Respondent certifies that it understands, represents, and acknowledges the Respondent has read and understands the terms and conditions listed in the Draft Term Contract, and the submission is made in conformance with those terms and conditions and if an award is made, that the Respondent agrees it will execute the Draft Term Contract. The Enterprise Standard Terms and Conditions set forth the terms and conditions regarding the administration of the Term Contract, including the provision of Products to Customers. Customer specific terms for purchases off this Term Contract shall be set forth in the Customer specific agreement. The Customer may attach additional terms and conditions specific to its particular purchase made off the Term Contract, which are considered Special Conditions. Any Customer Special Conditions shall not become a part of the Term Contract.

189 Section 6.2 (Best Pricing Offer): Would the State mark this provision inapplicable similar to how they did in the Management Consulting Services RFP, in which they included this language in the Additional Special Contract Conditions: “This section of the Special Contract Conditions is not applicable to the Contract?”

No. In submitting a Proposal, the Respondent certifies that it understands, represents, and acknowledges the Respondent has read and understands the terms and conditions listed in the Draft Term Contract, and the submission is made in conformance with those terms and conditions and if an award is made, that the Respondent agrees it will execute the Draft Term Contract. The Enterprise Standard Terms and Conditions set forth the terms and conditions regarding the administration of the Term Contract, including the provision of Products to Customers. Customer specific terms for purchases off this Term Contract shall be set forth in the Customer specific agreement. The Customer may attach additional terms and conditions specific to its particular purchase made off the Term Contract, which are considered Special Conditions. Any Customer Special Conditions shall not become a part of the Term Contract.

190 Section 10.7 (Indemnification): Would the State be willing to modify the indemnification provisions in Section 10.7 and PUR 1000 (for all vendors) so as to clarify that the indemnity herein apply to third party claims for bodily injury, death, and damage to real or tangible personal property to the extent directly and proximately caused by our negligence or intentional misconduct while engaged in the performance of the Services;

and for infringement by our work product subject to certain standard exceptions?

No. In submitting a Proposal, the Respondent certifies that it understands, represents, and acknowledges the Respondent has read and understands the terms and conditions listed in the Draft Term Contract, and the submission is made in conformance with those terms and conditions and if an award is made, that the Respondent agrees it will execute the Draft Term Contract. The Enterprise Standard Terms and Conditions set forth the terms and conditions regarding the administration of the Term Contract, including the provision of Products to Customers. Customer specific terms for purchases off this Term Contract shall be set forth in the Customer specific agreement. The Customer may attach additional terms and conditions specific to its particular purchase made off the Term Contract, which are considered Special Conditions. Any Customer Special Conditions shall not become a part of the Term Contract.

191 Section 11.2 (Time is of the Essence):

Would the State be willing to delete this provision or mark it as not applicable as the work hereunder will be based upon mutual cooperation of the State and the vendor and thus, the vendor could miss a deadline through no fault of their own and automatically be in default if this provision is left as is?

No. In submitting a Proposal, the Respondent certifies that it understands, represents, and acknowledges the Respondent has read and understands the terms and conditions listed in the Draft Term Contract, and the submission is made in conformance with those terms and conditions and if an award is made, that the Respondent agrees it will execute

Standard Terms and Conditions set forth the terms and conditions regarding the administration of the Term Contract, including the provision of Products to Customers. Customer specific terms for purchases off this Term Contract shall be set forth in the Customer specific agreement. The Customer may attach additional terms and conditions specific to its particular purchase made off the Term Contract, which are considered Special Conditions. Any Customer Special Conditions shall not become a part of the Term Contract.

192 Section 12.5 (Intellectual Property): Would the State be willing to modify the language herein (for all vendors) to clarify that each vendor will maintain ownership of its pre-existing IP?

No. Please refer to Section 2.11, Contract Formation. The language in Attachment D, Enterprise Standard Terms and Conditions, speaks to intellectual property that exists prior to the execution of the Term Contract.

193 Section 5 (Punchout Catalog and Electronic Invoicing): Can the state please elaborate if the MFMP punchout catalog is applicable to the task order level only?

The punchout catalog provides an alternative mechanism for suppliers to offer the State access to Products awarded under the Term Contract.

Punchout catalogs are encouraged, but not required.

194 Section 11 (Financial Consequences): Would the State be willing to modify this section (for all vendors) so as to clarify that vendors will be not liable for financial consequences due to events outside of their control?

No. In submitting a Proposal, the Respondent certifies that it understands, represents, and acknowledges the Respondent has read and understands the terms and conditions listed in the Draft Term Contract, and the submission is made in conformance with those terms and conditions and if an award is made, that the Respondent agrees it will execute the Draft Term Contract. The Enterprise Standard Terms and Conditions set forth the terms and conditions regarding the administration of the Term Contract, including the provision of Products to Customers. Customer specific terms for purchases off this Term Contract shall be set forth in the Customer specific agreement. The Customer may attach additional terms and conditions specific to its particular purchase made off the Term Contract, which are considered Special Conditions. Any Customer Special

Conditions shall not become a part of the Term Contract.

195 Section 11 (Financial Consequences): Would the State be willing to modify this section (for all vendors) to include an overall cap on financial consequences?

No. In submitting a Proposal, the Respondent certifies that it understands, represents, and acknowledges the Respondent has read and understands the terms and conditions listed in the Draft Term Contract, and the submission is made in conformance with those terms and conditions and if an award is made, that the Respondent agrees it will execute the Draft Term Contract. The Enterprise Standard Terms and Conditions set forth the terms and conditions regarding the administration of the Term Contract, including the provision of Products to Customers. Customer specific terms for purchases off this Term Contract shall be set forth in the Customer specific agreement. The Customer may attach additional terms and conditions specific to its particular purchase made off the Term Contract, which are considered Special Conditions. Any Customer Special Conditions shall not become a part of the Term Contract.

198 Attachment M: Do we need to provide a separate attachment M for each of the security categories we are bidding?

Respondents should only provide one Attachment M, Experience, regardless of the number of Solutions proposed and regardless of the number of Service Categories that Solutions are proposed for. The Attachment M, Experience, includes a narrative of the Respondent’s relevant experience for the proposed Service Category(ies).

199 Can the State please clarify what is meant by “not-to-exceed pricing”?

Guaranteed maximum price for a Solution.

187 Section 4.2.2 (Termination for Convenience): Would the State be willing to modify this section (for all vendors) to delete the word “satisfaction” in order to make this provision “objective” and based upon completion of services pursuant to the terms of the Contract?

No. In submitting a Proposal, the Respondent certifies that it understands, represents, and acknowledges the Respondent has read and understands the terms and conditions listed in the Draft Term Contract, and the submission is made in conformance with those terms and conditions and if an award is made, that the Respondent agrees it will execute

Standard Terms and Conditions set forth administration of the Term Contract, including the provision of Products to Customers. Customer specific terms for purchases off this Term Contract shall be set forth in the Customer specific agreement. The Customer may attach additional terms and conditions specific to its particular purchase made off the Term Contract, which are considered Special Conditions. Any Customer Special Conditions shall not become a part of the Term Contract.

188 Section 4.2.3 (Termination for Cause): Would the State be willing to modify this section (for all vendors) as to clarify that all vendors would be entitled to a reasonable cure period (if the event is curable) in the event of a material breach?

No. In submitting a Proposal, the Respondent certifies that it understands, represents, and acknowledges the Respondent has read and understands the terms and conditions listed in the Draft Term Contract, and the submission is made in conformance with those terms and conditions and if an award is made, that the Respondent agrees it will execute the Draft Term Contract. The Enterprise Standard Terms and Conditions set forth the terms and conditions regarding the administration of the Term Contract, including the provision of Products to Customers. Customer specific terms for purchases off this Term Contract shall be set forth in the Customer specific agreement. The Customer may attach additional terms and conditions specific to its particular purchase made off the Term Contract, which are considered Special Conditions. Any Customer Special Conditions shall not become a part of the Term Contract.

189 Section 6.2 (Best Pricing Offer): Would the State mark this provision inapplicable similar to how they did in the Management Consulting Services RFP, in which they included this language in the Additional Special Contract Conditions: “This section of the Special Contract Conditions is not applicable to the Contract?”

No. In submitting a Proposal, the Respondent certifies that it understands, represents, and acknowledges the Respondent has read and understands the terms and conditions listed in the Draft Term Contract, and the submission is made in conformance with those terms and conditions and if an award is made, that the Respondent agrees it will execute the Draft Term Contract. The Enterprise Standard Terms and Conditions set forth administration of the Term Contract, including the provision of Products to Customers. Customer specific terms for purchases off this Term Contract shall be set forth in the Customer specific agreement. The Customer may attach additional terms and conditions specific to its particular purchase made off the Term Contract, which are considered Special Conditions. Any Customer Special Conditions shall not become a part of the Term Contract.

190 Section 10.7 (Indemnification): Would the State be willing to modify the indemnification provisions in Section 10.7 and PUR 1000 (for all vendors) so as to clarify that the indemnity herein apply to third party claims for bodily injury, death, and damage to real or tangible personal property to the extent directly and proximately caused by our negligence or intentional misconduct while engaged in the performance of the Services;

and for infringement by our work product subject to certain standard exceptions?

No. In submitting a Proposal, the Respondent certifies that it understands, represents, and acknowledges the Respondent has read and understands the terms and conditions listed in the Draft Term Contract, and the submission is made in conformance with those terms and conditions and if an award is made, that the Respondent agrees it will execute the Draft Term Contract. The Enterprise Standard Terms and Conditions set forth the terms and conditions regarding the administration of the Term Contract, including the provision of Products to Customers. Customer specific terms for purchases off this Term Contract shall be set forth in the Customer specific agreement. The Customer may attach additional terms and conditions specific to its particular purchase made off the Term Contract, which are considered Special Conditions. Any Customer Special Conditions shall not become a part of the Term Contract.

191 Section 11.2 (Time is of the Essence):

Would the State be willing to delete this provision or mark it as not applicable as the work hereunder will be based upon mutual cooperation of the State and the vendor and thus, the vendor could miss a deadline through no fault of their own and automatically be in default if this provision is left as is?

No. In submitting a Proposal, the Respondent certifies that it understands, represents, and acknowledges the Respondent has read and understands the terms and conditions listed in the Draft Term Contract, and the submission is made in conformance with those terms and conditions and if an award is made, that the Respondent agrees it will execute the Draft Term Contract. The Enterprise Standard Terms and Conditions set forth the terms and conditions regarding the administration of the Term Contract, including the provision of Products to Customers. Customer specific terms for purchases off this Term Contract shall be set forth in the Customer specific agreement. The Customer may attach additional terms and conditions specific to its particular purchase made off the Term Contract, which are considered Special Conditions. Any Customer Special Conditions shall not become a part of the Term Contract.

192 Section 12.5 (Intellectual Property): Would the State be willing to modify the language herein (for all vendors) to clarify that each vendor will maintain ownership of its pre-existing IP?

No. The language in Attachment D, Enterprise Standard Terms and Conditions, speaks to intellectual property that exists prior to the execution of the Term Contract.

193 Section 5 (Punchout Catalog and Electronic Invoicing): Can the state please elaborate if the MFMP punchout catalog is applicable to the task order level only?

The punchout catalog provides an alternative mechanism for suppliers to offer the State access to Products awarded under the Term Contract.

Punchout catalogs are encouraged, but not required.

194 Section 11 (Financial Consequences): Would the State be willing to modify this section (for all vendors) so as to clarify that vendors will be not liable for financial consequences due to events outside of their control?

No. In submitting a Proposal, the Respondent certifies that it understands, represents, and acknowledges the Respondent has read and understands the terms and conditions listed in the Draft Term Contract, and the submission is made in conformance with those terms and conditions and if an award is made, that the Respondent agrees it will execute the Draft Term Contract. The Enterprise Standard Terms and Conditions set forth the terms and conditions regarding the administration of the Term Contract, including the provision of Products to Customers. Customer specific terms for purchases off this Term Contract shall be set forth in the Customer specific agreement. The Customer may attach additional terms and conditions specific to its particular purchase made off the Term Contract, which are considered Special Conditions. Any Customer Special Conditions shall not become a part of the Term Contract.

195 Section 11 (Financial Consequences): Would the State be willing

No. In submitting a Proposal, the Respondent certifies that it understands, to modify this section (for all vendors) to include an overall cap on financial consequences?

represents, and acknowledges the Respondent has read and understands the terms and conditions listed in the Draft Term Contract, and the submission is made in conformance with those terms and conditions and if an award is made, that the Respondent agrees it will execute the Draft Term Contract. The Enterprise Standard Terms and Conditions set forth the terms and conditions regarding the administration of the Term Contract, including the provision of Products to Customers. Customer specific terms for purchases off this Term Contract shall be set forth in the Customer specific agreement. The Customer may attach additional terms and conditions specific to its particular purchase made off the Term Contract, which are considered Special Conditions. Any Customer Special Conditions shall not become a part of the Term Contract.

196 Technical Response Scoring Methodology:

“The Procurement Officer will combine an evaluator’s Prompt 1 score with the average score for the remaining prompts, creating the Evaluator’s Technical Response Score.

The Procurement Officer will then combine the Evaluator’s Technical Response Scores and average these scores, creating the total technical response score for the Solution.

Can the State please provide an example calculation of this scoring methodology?

Please refer to Attachment C, Evaluation Criteria for an explanation of scoring methodology.

197 For all Category Response Templates: We are unable to edit any of the content we enter after the first time since track changes are turned on and edited/deleted content counts towards the character limit. Could the department provide a version with track changes disabled?

Please refer to Section 1.4, Revised Attachment L & M, of the Addendum 2.

198 Attachment M: Do we need to provide a separate attachment M for each of the security categories we are bidding?

Respondents should only provide one Attachment M, Experience, regardless of the number of Solutions proposed and regardless of the number of Service Categories that Solutions are proposed for. The Attachment M, Experience, includes a narrative of the Respondent’s relevant experience for the proposed Service Category(ies).

199 Can the State please clarify what is meant by “not-to-exceed pricing”?

Guaranteed maximum price for a Solution.

Addendum No. 2

The Department hereby amends RFP No. 24-43230000-RFP as noted within this Addendum. For revisions, yellow highlights represent additions and strikethroughs represent deletions. In the event of a conflict between previously posted information and the information contained herein, the information herein shall control. The information included in this addendum is hereby made part of this solicitation.

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. Any protest concerning this agency decision must be timely filed with the Agency Clerk. Protests may be filed by courier, hand delivery, or U.S. mail at Department of Management Services, Office of the General Counsel, Attention: Agency Clerk, 4050 Esplanade Way, Suite 160, Tallahassee, FL 32399-0950. Protests may also be filed by fax at 850-922- 6312 or by email at agencyclerk@dms.fl.gov. It is the filing party’s responsibility to meet all filing deadlines.

Copy the Procurement Officer in such filings.

Please note: This addendum does not need to be returned with the proposal.

The following sections of the RFP document are hereby amended as follows

Addendum Section 1.1 Timeline Revision

1.1 Timeline of Events

The table below contains the Timeline of Events for this solicitation. The dates and times within the Timeline of Events are subject to change. It is the responsibility of the Respondent to check for any changes on the Vendor Information Portal (VIP) and in the Business Network.

Respondents shall not rely on the Business Network time clock. It is not the official submission date and time deadline. In the event of a technical malfunction or discrepancy in VIP or in the Business Network, the Timeline of Events listed in the solicitation document shall prevail. The official solicitation dates and time deadlines are reflected in the Timeline of Events.

Timeline of Events

Event

Time (Eastern Time) Date

Solicitation posted on VIP and in the Business Network November 1, 2024

Deadline to submit questions in the Business Network November 7, 2024

Anticipated date of posting Q&A on VIP and in the Business Network November 14, 2024

November 18, 2024 mailto:agencyclerk@dms.fl.gov

Timeline of Events

Event

Time (Eastern Time) Date

Deadline to submit Proposal and all required documents in the Business Network

10:00 AM

November 21, 2024

December 10, 2024 December 11, 2024

Public meeting: Proposal opening In-person attendees:

Department of Management Services 4050 Esplanade Way Conference Room 101 Tallahassee, FL 32399

Call In Number: 888-585-9008 Conference room number: 145-153-086

Any person requiring a special accommodation due to a disability should contact the Department’s Americans with Disabilities Act (ADA) Coordinator at (850) 922-7535 or

ADA.Coordinator@dms.myflorida.com at least five

(5) business days prior to the scheduled event.

10:01 AM

November 21, 2024

December 10,2024 December 11, 2024

Anticipated period for evaluations

November 27, 2024 - December 6, December 17, 2024 – January 7, 2025

Anticipated date to post Notice of Intent to Award on VIP and in the Business Network

December 13, 2024 January 13, 2025

Anticipated Term Contract start date January 1, 2025

January 16, 2025

Addendum Section 1.2 Required Documents to be submitted by Respondent prior to RFP opening

Required Documents to be submitted by Respondent prior to RFP opening Completed response to Attachment B, Price Proposal Completed Attachment F, Mandatory Responsive Requirements Completed Attachment I, PUR 2023 Provision of Commodities Produced by Forced Labor Completed Attachment K, PUR 1355, Foreign Country of Concern Attestation Form Completed Attachment(s) L1-L16, Revised Technical Response mailto:ADA.Coordinator@dms.myflorida.com

Optional Documents to be submitted by Respondent prior to RFP opening Completed Attachment G, Certification of Drug Free Workplace (if applicable) Completed Attachment M, Revised Experience.

The following RFP attachments are hereby amended as follows:

Addendum Section 1.4 Revised Attachment M & L

Attachments L1-L16, Technical Response, have been revised and replaced in their entirety. Please see the attached Revised Attachment L1-L16, Technical Response, without “Tracked Changes” enabled. All references to Attachment L1-L16, Technical Response contained in RFP No. 24-43230000-RFP-2 are hereby amended to refer to Attachment L1-L16, Revised Technical Response. However, Respondent will not be deemed non-responsive for submitting the original Attachment L1-L16, Technical Response, documents instead of the Revised Attachment L1-L16, Technical Response documents.

Attachment M, Experience, has been revised and replaced in its entirety. Please see attached Revised Attachment M, Experience, without “Tracked Changes” enabled. All references to Attachment M, Experience contained in RFP No. 24-43230000-RFP-2 are hereby amended to refer to Attachment M, Revised Experience. However, Respondent will not be deemed non-responsive for submitting the original Attachment M, Experience, instead of the Revised Attachment M, Experience.