Attachment A - Scope of Work.pdf

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Attachment A Scope of Work

1. Purpose To provide Customers with a State Term Contract (STC) for Information Technology Staff Augmentation Services, pursuant to the terms set forth in this Scope of Work.

The Department intends to issue a supplemental Invitation to Bid on an annual basis for the remaining term of the State Term Contract. New Vendors may submit a Bid for Prequalif ication annually. Additionally, current Vendors on the State Term Contract may submit supplemental Bids annually to prequalify for additional Job Titles.

2. Definitions Bid – The document(s) submitted by a Bidder in response to this ITB.

Bidder – A vendor who submits a Bid to this ITB.

Business Day – Monday through Friday, inclusive, except for those holidays specified in section 110.117, F.S., from 8:00 a.m. to 5:00 p.m., in the time zone the Customer is located.

Ceiling Rate – The maximum Proposed Price a Bidder may propose for an associated Job Title or Scope Variant while still being deemed to have submitted the lowest Bid.

Confidential Information – Information that is trade secret or otherwise confidential or exempt from disclosure under Florida or federal law.

Contract Manager – The representative designated by the Department who will oversee all aspects of the Term Contract, monitor performance expectations, and serve as the primary point of contact for the Contractor.

Contractor – A Vendor that enters into a Contract with the Department as a result of 80101507-

23-STC-ITSA.

Customer – A State Agency or Eligible User, as defined in Rule 60A-1.001, Florida Administrative Code (F.A.C.).

Department – The Department of Management Services, a State Agency.

Information Technology (IT) – as defined in section 287.012(15), F.S.

Information Technology (IT) Experience – Experience working in the computer science industry that involves performing IT services and utilizing equipment, hardware, software, f irmware, programs, systems, networks, infrastructure, media, and related material.

Information Technology (IT) Staff Augmentation Contract Experience – Demonstrated prior work experience in the allocation and outsourcing of qualified IT Staff to augment a workforce on a temporary basis.

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Job Family – A group of related Job Titles within Attachment J, Job Family Descriptions.

Job Title – The position described within Attachment J, Job Family Descriptions. The Job Family Descriptions document includes each Job Title’s general characteristics and dimensions.

MyFloridaMarketPlace (MFMP) – the State of Florida's eProcurement system and connects vendors with state government organizations that purchase goods and services.

Operational Formula – The day to day actions of a company that are guided by a policy or procedure that is prescribed for repetitive use as a practice, in accordance with agreed upon operations that are aimed at obtaining a desired outcome.

Prequalification – A determination by the Department that a responsible and responsive Bidder is deemed to have submitted the lowest responsive Bid and has met the minimum requirements within the solicitation (including capability, experience, and past performance) for participation on the Contract. A Bidder who has been Prequalif ied is authorized to respond to Requests for Quotes from Customers in accordance with section 287.0591(6), F.S.

Principal Personnel The management of the Bidder company who makes operational decisions.

Proposed Price – The Vendor’s maximum hourly rate for an associated Job Title or Scope Variant for the initial and renewal term. A “not to exceed” price.

Scope Variant – A gradation of experience within a Job Title.

Staff – The temporary staff provided by the Contractor or Contractor’s subcontractor(s) to render information technology services identif ied by Customers.

State – The State of Florida.

Term Contract – The legally enforceable State Term Contract, as defined in section 287.012, Florida Statutes (F.S.), between the Department and the Contractor.

Supplemental Invitation to Bid – The annual opportunity, pursuant to section 287.0591(6), Florida Statutes, for Bidders to submit Bids for Prequalif ication of firms and individuals to provide Information Technology Staff Augmentation Services on the State Term Contract No. 80101507-

23-STC-ITSA.

3. Contractor’s General Responsibilities The Contractor, regardless of any delegation or subcontract entered into by the Contractor, shall be responsible for the following when providing Information Technology Staff Augmentation Services:

3.1 The Contractor is responsible for the comprehensive management of Staff. Staff shall not be deemed an employee of the State or deemed to be entitled to any benefits associated with such employment and the Contractor shall be responsible for the administration and maintenance of all employment and payroll records, payroll processing, remittance of payroll and taxes, and all administrative tasks required by state and federal law associated with payment of Staff.

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3.2 The Contractor shall provide Staff in accordance with Customer Request for Quotes (RFQ), and as described in Attachment J, Job Family Descriptions document. Customers may include a detailed scope of work, specific requirements of the work to be performed, and any requirements of Staff within the Request for Quotes.

3.3 The Contractor shall possess the professional and technical staff necessary to allocate, outsource, and manage qualif ied Staff to perform the services requested by the Customer.

3.4 The Contractor shall provide Customers with Staff who have sufficient skill and experience to perform the services assigned to them.

3.5 The Contractor is responsible for ensuring that all Information Technology Staff

Augmentation Services furnished under the Contract meet the professional standards and quality that prevails among information technology professionals in the same discipline and of similar knowledge and skill engaged in related work throughout Florida under the same or similar circumstances.

3.6 The Contractor shall provide, at its own expense, any training necessary for keeping

Contractor’s Staff abreast of industry advances and for maintaining proficiency in equipment and systems that are available on the commercial market.

3.7 The Contractor shall, at its own expense, be responsible for adhering to the Contract background screening requirements, testing, evaluations, advertising, recruitment, and disciplinary actions of Contractor’s Staff.

3.8 The Contractor, throughout the term of the Contract, shall maintain all licenses, permits, qualif ications, insurance, and approvals of whatever nature that are legally required for Contractor and Staff to perform the Information Technology Staff Augmentation Services.

3.9 Contractor shall be responsible for all costs associated with the administration of this

Contract.

3.10 The Contractor shall adhere to all work policies, procedures, and standards established by the Department and Customer.

3.11 The Contractor shall ensure that Staff conform with the Customer’s rules, regulations, policies, etc. in all respects while on the Customer’s premises, and is responsible for obtaining all such rules, regulations, policies, etc.

3.12 Contractor shall only provide Information Technology Staff Augmentation services for those Job Titles awarded to the Contractor. Contractor shall be paid on an hourly basis unless Customer requests in their RFQ a project-based pricing structure in accordance with Section 9.5, below.

Customers shall use a Request for Quotes in accordance with sections 287.056(2) and 287.0591, F. S., and Rule 60A-1.043, F.A.C., when making purchases off this Term Contract. For any purchases off the Term Contract, the Contractor recognizes its responsibility for all tasks and deliverables contained in the Term Contract and any

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Customer Request for Quote, warrants that it has fully informed itself of all relevant factors affecting accomplishment of the tasks and deliverables, and agrees to be fully accountable for the performance thereof.

4. Subcontracts and Staff

4.1 The Contractor is fully responsible for satisfactory completion of all work on this Contract.

The Contractor shall ensure and provide assurances to the Department or Customer upon request, that any subcontractor(s) or Staff provided under this Contract has the necessary qualif ications and abilities to perform in accordance with the terms and conditions of this Contract.

The Contractor must provide the Customer with the names of Staff considered for work on a purchase order issued under this Contract. The Customer shall retain the right to reject any Staff whose qualif ications or performance, in the Customer’s exclusive judgment, is insufficient.

4.2 The Contractor agrees to be responsible for all work performed and all expenses incurred by subcontractors and Staff while performing work under this Contract.

4.3 Any subcontract or Staff arrangements must be evidenced by a written document available to the Department or Customer.

4.4 The Contractor agrees to make payments to the subcontractor or Staff within seven working days after receipt of full or partial payments from the Customer in accordance with Section 287.0585, F.S., unless otherwise stated in the contract between Contractor and subcontractor or required by law.

4.5 The Contractor agrees that neither the Department nor the Customer shall be liable to any subcontractor or Staff for any expenses or liabilities incurred in furtherance of this Contract, and Contractor shall be solely liable to the subcontractor and Staff for all expenses and liabilities incurred under the Contractor’s contract or subcontract. The Contractor, at its expense, shall indemnify and defend the Customer and the Department against any subcontractor or Staff claims regarding compensation or payment.

4.6 The State of Florida supports its business community by creating opportunities for business enterprises to participate in contracts and subcontracts. The Department encourages supplier development through certain certifications and provides advocacy, outreach, and networking through regional business events. For additional information, please contact the Office of Supplier Development (OSD) at OSDHelp@dms.fl.gov.

5. Conduct of Employees and Staff Contractor shall ensure that all of Contractor’s employees and Staff provided under the Contract shall adhere to the standards of conduct prescribed in the Customer’s personnel policy and procedure guidelines, particularly rules of conduct, security procedures, and any other applicable rules, regulations, policies, and procedures of the Customer, including but not limited to Rule Chapter 33-208, F.A.C. The Contractor shall ensure that all Staff and employees wear attire mailto:OSDHelp@dms.fl.gov

ITB No. 23-80101507-ITB-Supplemental26 Page 5 of 8 suitable for the position, either a standard uniform or business casual dress, identif ied by the Customer.

6. Contractor Security Clearance Customers may designate certain duties and/or positions as positions of “special trust” because they involve special trust responsibilities, are located in sensitive locations, or have key capabilities with access to sensitive or Confidential Information. The designation of a special trust position or duties is at the sole discretion of the Customer. Contractor or Contractor’s employees and Staff who, in the performance of this Contract, will be assigned to work in positions determined by the Customer to be positions of special trust, may be required to submit to background screening and be approved by the Customer to work on this Contract.

7. Purchasing Card The State has implemented a purchasing card (P-Card) system. The Contractor may receive payments via a State P-Card. P-Card acceptance for purchases is a mandatory requirement for the Contract but is not the exclusive method of payment. If the State changes its P-Card platform during the term of Contract, the Contractor shall make all necessary changes to accept payment via the State’s new P-Card platform within 30 calendar days of notif ication of such change.

8. Purchase Order Requirements Customers shall use a RFQ per section 287.056(2), F.S., when making purchases off of this State Term Contract. Agencies shall issue RFQs to at least 25 vendors approved to provide IT Staff Augmentation services in accordance with section 287.0591(5), F.S.. Customers shall order services from the RFQ via a Purchase Order with the Customers’ selected Contractor. The terms of the Purchase Order shall not conflict with the terms and conditions established by this Contract.

In accepting a Purchase Order, the Contractor recognizes its responsibility for all tasks and deliverables contained therein, warrants that it has fully informed itself of all relevant factors affecting accomplishment of the tasks and deliverables and agrees to be fully accountable for the performance thereof.

9. Request for Quotes

9.1 Customers needing Information Technology Staff Augmentation Services will create a

RFQ eQuote event in Business Network, each time they desire to solicit Information Technology Staff Augmentation Services. The Customer shall issue a detailed RFQ that includes a term, service levels, educational qualif ications and experience needed.

9.2 The Customer shall select at least one (1) awarded Contractor for the RFQ event. The Business Network will automatically add an additional twenty-five (25) randomly selected awarded Contractors to the RFQ event. All twenty-six (26) awarded Contractors sent the RFQ will receive a notif ication of the RFQ and may respond. Customers may view the RFQ Contractor List on the event’s “Overview” tab.

9.3 Pursuant to section 287.056(2), F.S., RFQs performed within the scope of this Contract are not independent competitive solicitations and are not subject to the notice or challenge provisions of section 120.57(3), F.S.

9.4 All Customers who utilize MFMP must use the Business Network application for creating

RFQs on this contract. Customers who do not utilize MFMP will create an RFQ

ITB No. 23-80101507-ITB-Supplemental26 Page 6 of 8 document each time they desire to solicit Information Technology Staff Augmentation Services and shall send the RFQ document electronically via email. Agencies must send the RFQ document electronically via email to at least twenty-five (25) awarded or prequalif ied Contractors.

9.5 RFQs with project-based pricing, and any Purchase Orders issued from such RFQs, shall require payment dependent on completion of deliverables and tasks only and may not contain payment for hourly work. Customers who choose to use project-based pricing are not exempt from the requirements listed in Section 3.12, Contractor’s General Responsibilities, and must negotiate all pricing, fees, and related expenses associated with the completion of each task and deliverable. Project-based RFQs and Purchase Orders shall not include services that were not awarded to the Contractor or commodities that are not contemplated by this Contract. Quotes received in response to project-based RFQs shall include, and the total cost of the Purchase Order issued shall not exceed, an estimated cost to complete the RFQ requirements under the hourly pricing model for comparison. Project-based pricing is intended to provide predictability and a discount to Customers relative to the maximum hourly rates. Under no circumstances may a project-based price be permitted to be greater than the hourly rates.

10. Resume Self-Certification Form When submitting a response to an RFQ, the Contractor shall submit with its response a completed and signed Attachment F, Resume Self-Certification Form to the Customer for each proposed Staff member identif ied in the RFQ response.

11. Ongoing Performance Measures The Department intends to use performance-reporting tools in order to measure the performance of Contractor(s). These tools are outlined in Section 14, Contract Monitoring, of Attachment C, Enterprise Standard Terms and Conditions. Such measures will allow the Department to better track Vendor performance through the term of the Contract(s) and ensure that Contractor(s) consistently provide quality services to the State and its Customers.

12. Holidays The following days are observed as holidays by state agencies in accordance with section 110.117, F.S.:

• New Year’s Day

• Birthday of Martin Luther King, Jr., third Monday in January

• Memorial Day

• Independence Day

• Labor Day

• Veterans’ Day

• Thanksgiving Day

• Friday after Thanksgiving

• Christmas Day

If any of these holidays fall on Saturday, the preceding Friday shall be observed as a holiday. If any of these holidays fall on Sunday, the following Monday shall be observed as a holiday.

Customers may have additional holiday(s) observed specifically by the Customer which will be detailed in the Customer’s order.

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13. Contract Reporting The Contractor shall report information on orders received from Customers associated with this Contract. The Contractor shall submit reports in accordance with the following schedule:

Report Period Covered Due Date

MFMP Transaction Fee Report Calendar month 15 calendar days after the end of each month

Quarterly Sales Report State’s Fiscal Quarter

30 calendar days after close of the period

Certif ied Business Enterprise Spend Report State Fiscal Year As specified upon the Department’s request

14. Financial Consequences Failure to comply with the requirements of the Term Contract will result in the imposition of f inancial consequences. The following financial consequences will apply for the Contractor’s failure to meet the performance metric standard and due date corresponding with the deliverables under the Term Contract. The Customer may impose additional Financial Consequences beyond those stated herein to apply to that Customer’s purchase. The State of Florida reserves the right to withhold payment or implement other appropriate remedies, such as Term Contract termination, or nonrenewal, when the Contractor has failed to comply with the provisions of the Term Contract.

The financial consequences below will be paid and received by the Department of Management Services within 30 calendar days from the due date specified by the Department. These financial consequences below are individually assessed for failures over each target period beginning with the first full month or quarter of the Term Contract performance and every month or quarter, respectively, thereafter.

Deliverable Performance Metric

Performance Due Date

Financial Consequence for Non-Performance

Contractor will timely submit completed Quarterly Sales Reports

All Quarterly Sales Reports will be submitted timely with the required information

Reports are due on or before the 30th calendar day after the close of each State fiscal quarter

$250 per Calendar Day late/not received by the Contract Manager

Contractor will timely submit completed MFMP Transaction Fee Reports

All MFMP Transaction Fee Reports will be submitted timely with the required information

Reports are due on or before the 15th calendar day after the close of each month

$100 per Calendar Day late/not received by the Contract Manager

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No favorable action will be considered when Contractor has outstanding Term Contract Quarterly Sales Reports, MFMP Transaction Fee Reports, or any other documentation owed to the Department or Customer, to include fees / monies, that is required under this Term Contract.

15. Routine Communications All routine communications related to the Contract shall be sent to the Department’s Contract Manager. If any of the Contractor’s contact information changes during the life of the Contract, the Contractor shall notify the Department’s Contract Manager in writing; such updates do not necessitate a formal amendment to the Contract. Communications relating to a Customer contract or purchase order should be addressed to the contact person identified in the contract or purchase order. Routine communications may be my email, regular mail, or telephone.

16. Contract Transition Upon Contract expiration or termination, the Contractor shall ensure a seamless transfer of Contract responsibilities with any subsequent contractor necessary to transition the services of the Contract. The incumbent Contractor assumes all expenses related to the contract transition.

17. Other Fees and Charges Additional fees (including but not limited to, property taxes, fuel surcharges, interest fees, license fees, and late payment fees except where permitted by section 215.422(3)(b), F.S.) or fees not permitted elsewhere in the Contract are prohibited.