CN-700000-23009.pdf

Agency Term Contract

ATC-23-009

Independent Verification and Validation (IV&V) for OBIS Modernization

This Contract is between the State of Florida, Department of Corrections (“Department”) and Gartner Inc. (“Contractor”);

WITNESSETH

WHEREAS, the Department and Contractor are collectively referred to herein as "Parties" and individually as a "Party" and all capitalized terms have the meaning assigned to them in this Contract, unless otherwise defined herein;

WHEREAS, the Contractor responded to the Department's Request for Quotes (RFQ), No: FDC RFQ-23-004, Independent Verification and Validation for OBIS Modernization; and

WHEREAS, the Department has accepted the Contractor's Quote and enters into this Contract in accordance with the terms and conditions of RFQ-23-004.

NOW, THEREFORE, in consideration of the mutual promises contained herein, the Parties agree as follows:

I. Definitions

A. Agency Term Contract (ATC or Contract): A written agreement between the Department and the Contractor that is mandatory for use by the entire Department and under which Purchase Orders (PO) shall be issued.

B. Business Day: Days Monday through Friday, excluding State holidays.

C. Contractor: The organization or individual providing services to the Department, in accordance with the terms and conditions of the Contract.

D. Contract Administrator: The Department employee, or his/her designee, who serves as liaison between the Contract Manager and the Department.

E. Contract Manager: The Department employee, or his/her designee, identified as the individual responsible for performance oversight and operational management of the Contract and serves as the liaison between Contractor and the Department.

F. Day: A calendar day, unless otherwise noted.

G. Department or FDC: The Florida Department of Corrections.

H. Purchasing Card (PCard): The State of Florida’s purchasing card program which utilizes the Visa platform.

II. Scope of Work

The services and/or commodities provided by the Contractor according to this Contract are defined and described in Exhibits A, B, and C. Payments will be made in accordance to a fixed payment schedule per each deliverable per Exhibit C.

III. Contract Term

The initial term of this Contract is for five (5) years. The initial term shall begin the last date in which it is signed by all Parties.

IV. Renewal Terms

The Department and the Contractor may renew the Contract in whole or in part, for a renewal term not to exceed five (5) years, or portions thereof, at the renewal pricing specified in the Contractor's original submission, upon mutual agreement of the Parties as set forth in the Contract. The Department shall not incur or pay any fee(s) associated with the processing of a renewal.

V. Contract

This Contract, together with the following attached documents (Exhibits), sets forth the entire understanding of the Parties and supersedes all prior and contemporaneous agreements, whether written or oral, with respect to such subject matter.

All Exhibits attached to this Contract are incorporated in their entirety and form as part of this Contract. The Contract has the following Exhibits:

a) Exhibit A: FDC RFQ-23-004 and all Addenda;

b) Exhibit B: Contractor's Pricing for FDC RFQ-23-004; and

c) Exhibit C: Payment Schedule.

In case of conflict, the documents shall have priority in the order listed:

a) This Agency Term Contract;

b) Exhibit A: FDC RFQ-23-004 and all Addenda;

c) Exhibit B: Contractor's Pricing for FDC RFQ-23-004; then

d) Exhibit C: Payment Schedule.

VI. Amendments

Unless otherwise provided herein, all modifications to this Contract must be in writing and signed by both Parties, except changes to Section VIII. Contract Management, below. Any future amendments of the Contract, which alter the definition of the services or scope of work, shall define the services or scope in the same format as Exhibit A.

Notwithstanding the order listed in Section V. Contract, amendments issued after Contract execution may expressly change the provisions of the Contract. If an amendment expressly alters the Contract, then the most recent amendment will take precedence.

VII. Contract Notices Unless otherwise required herein, the Parties shall provide all notices required or permitted by this Contract in writing by certified mail, return receipt requested, or hand-delivery.

Contract management notices to Section VIII. Contract Management, may be delivered by email to the Contractor’s representative as prescribed in Section VIII. All notices by email shall be deemed received when they are transmitted and not returned as undelivered or undeliverable.

VIII. Contract Management

The Department employee who is primarily responsible for maintaining the Contract Administration file is:

Contract Administrator Bureau of Procurement Florida Department of Corrections 501 S. Calhoun Street, Suite 327 Tallahassee, FL 32399-2500 Telephone (850) 717-3700 Email: Purchasing@fdc.myflorida.com

The Contract Administrator will perform the following functions:

1. Maintain the official Contract Administration file; and

2. Write and maintain this Contract and all amendments; and

3. Maintain records of all formal contract correspondence between the Department and the Contractor as provided by the Contract Manager for filing in the Contract Administration file.

The Department's Contract Manager is:

Pam Gerard, Senior Program Analyst Office of Information Technology Florida Department of Corrections 501 S. Calhoun Street Tallahassee, FL 32399-2500 Telephone (850) 717-3941 Email: Pam.Gerard@fdc.myflorida.com mailto:Purchasing@fdc.myflorida.com mailto:Pam.Gerard@fdc.myflorida.com

The Contract Manager will perform the following functions:

1. Maintain a Contract Management file;

2. Serve as the liaison between the Department and the Contractor;

3. Enforce performance of the Contract terms and conditions;

4. Monitor and evaluate the Contractor’s performance to ensure services conform to the

Contract requirements;

5. Request all amendments, renewals, and terminations of this Contract, and implement management of the Contract change;

6. Exercise applicable remedies, as appropriate, when the Contractor’s performance is deficient; and

7. Evaluate the Contractor’s performance upon completion of this Contract. This evaluation will be placed in the Contract file and will be considered if this Contract is subsequently used as a reference in future procurements.

For each Purchase Order issued by the Department, the individual listed as “On Behalf Of” shall serve as a local Contract coordinator, and will perform the following functions:

1. Verify the receipt of deliverables from the Contractor;

2. Review, verify, and approve invoices from the Contractor;

3. Monitor the quality of services and commodities being delivered;

4. Monitor the budget to ensure funds are available through the Contract term; and

5. Serve as the liaison between the Department, Contract Manager, and Contractor relating to quality and delivery.

The Department may appoint a different Contract Administrator or Manager, which will not require an amendment to the Contract, by sending written notice to the Contractor. The Contractor shall address all communication relating to the Contract to the Contract Manager.

The Contractor has assigned the following individual(s) to serve as the Contractor’s Representative for this Contract.

The Contractor’s Representative is:

Lou Estrada Gartner Inc.

56 Top Gallant Road Stamford, CT 06902-7700 Telephone (203) 964-0096 Email: lou.estrada@gartner.com

The Department will direct all questions and customer service issues concerning this Contract to the Contractor’s Representative above. It will be the Contractor’s Representative’s responsibility to coordinate with necessary Department personnel, as required, to answer questions and resolve issues. The Contractor must provide written notice to the Contract Manager if a new employee is designated as the Representative for this Contract.

mailto:lou.estrada@gartner.com

IX. Performance Measures

Performance Measures (PM)

No. Expectation Measurement Financial Consequence

PM-01

Monthly Summary Report

The Contractor shall submit a Monthly Summary Report, in a Department-approved format, to the Contract Manager on or before the 10th Day, following the month services were rendered.

The Monthly Summary Report shall be postmarked or sent by email on or before the 10th Day, following the month services were rendered.

$100.00 per Day after the 10th Day of the month the report is not received.

PM-02

IV&V

Management Plan

The Contractor shall submit an IV&V Management Plan, in a Department-approved format, to the Contract Manager on or before the 15th Business Day after Contract execution.

The IV&V Management Plan shall be sent by email on or before the 15th Business Day after Contract execution.

$500.00 per Day after the 15th Business Day the IV&V Management Plan is not received after Contract execution.

PM-03

Monthly Project Assessment Reports

The Contractor shall submit a Monthly Project Assessment Report each month, in a Department-approved format, to the Contract Manager on or before the 8th Business Day of the following month.

The Monthly Project Assessment Report shall be sent by email on or before the 8th Business Day of each month for the prior month.

$50.00 per Day after the 8th Business Day the Monthly Project Assessment Report is not received.

PM-04

Project Deliverable Review Reports

The Contractor shall submit the Project Deliverable Review Report each month, in a Department-approved format, to the Contract Manager on or before the 8th Business Day of the following month.

The Project Deliverable Review Report shall be sent by email on or before the 8th Business Day of each month for the prior month.

$50.00 per Day after the 8th Business Day the Project Deliverable Review Report is not received.

X. Termination

A. Termination at Will

Either Party may terminate this Contract at will upon no less than 30 Days’ written notice unless a shorter period is mutually agreed upon by both Parties. A Party shall deliver notice by certified mail (return receipt requested), by other delivery methods whereby an original signature is obtained, or in person with proof of delivery.

B. Termination Due to Lack of Funds

If funds to finance this Contract become unavailable, the Department may terminate the Contract upon no less than 24 hours’ written notice to the Contractor. The Department will deliver notice by certified mail (return receipt requested), by other delivery methods whereby an original signature is obtained, or in person with proof of delivery. The Department shall be the final authority as to the availability of funds.

C. Termination for Cause

If a breach of this Contract occurs by the Contractor, the Department may terminate the Contract for cause. The Department may elect to afford, at its exclusive option, an opportunity for the Contractor to cure the breach within 30 Days upon written notice by the Department. Any breach of this Contract still left uncured by the Contractor after the Department has elected to provide 30 Days to cure (remedy) the breach may result in the Department's termination of this Contract upon 24 hours’ written notice by the Department. If the Department does not elect to allow the Contractor to cure a breach (e.g., instances of egregious Contractor conduct or other Contractor actions which may be harmful to the Department), the Department may immediately terminate this Contract for cause, upon 24 hours’ written notice to the Contractor, as described in this section. Notice shall be delivered by certified mail (return receipt requested), in person with proof of delivery, or by another delivery method whereby an original signature is obtained. If applicable, the Department may employ the default provisions in Section 287.1351, F.S. The provisions herein do not limit the Department's right to remedies at law or in equity.

D. Termination for Unauthorized Employment

The Contractor’s violation of Section 274A of the Immigration and Nationality Act shall be grounds for unilateral cancellation of this Contract.

XI. Assignment

The Contractor shall not assign its duties or rights under this Contract to another Party without the prior written approval of the Department. The Department shall, at all times, be entitled to assign or transfer its rights, duties, and obligations under this Contract to another governmental agency of the State of Florida upon providing written notice to the Contractor.

XII. Subcontracts

The Contractor may, with the prior written consent of the Department, enter written subcontracts for delivery or performance of services, as indicated in this Contract. No subcontract, into which the Contractor enters for the performance of any of its duties under the Contract, shall in any way relieve the Contractor of any responsibility for the performance of the Contract. All subcontractors, regardless of function, shall comply with the Department’s Security Requirements, including background checks, and all other Contract requirements. The Department is not authorized to make payments to the subcontractor for services and commodities provided under the Contract.

The Contractor shall make all payments to subcontractors. If the Contractor utilizes a subcontractor, the Contractor shall pay the subcontractor within seven (7) Business Days after any payment is received from the Department, per Section 287.0585, F.S. It is understood, and agreed upon, that the Department shall not be held accountable to any subcontractor for any expenses or liabilities incurred under the subcontract, and that the Contractor is solely responsible to the subcontractor for all expenses and liabilities under the Contract. If the Contractor fails to pay the subcontractor within seven (7) Business Days, the Contractor shall pay the penalty to the subcontractor in the amount of one-half (1/2) of one percent (1%) of the amount due, per Day, from the expiration of the period allowed herein for payment. Such penalty shall be in addition to actual payments owed and shall not exceed 15% of the outstanding balance due.

XIII. Price Adjustments

The Contractor shall apply to the Department any price decrease effectuated during the Contract term by reason of market change or special sales offered to other customers.

Such a price decrease applies regardless of whether any related equipment is rented or leased by the Department under the Contract. Price increases are rejected, unless otherwise stated. All prices are firm and shall be held for the duration of the Contract term.

Equitable price adjustments shall only be considered if they are received and justified in accordance with the PUR 1000, Section (4)(e).

XIV. Additions/Deletions

During the term of the Contract, the Department reserves the right to add or delete services and commodities, when considered to be in its best interest and general scope of the Contract. Pricing shall be comparable to amounts awarded. Further, the Department reserves the right to add or delete institutions and/or satellite facilities to the list of delivery locations.

XV. Delivery

Product(s) shall be shipped as Free on Board (FOB) Destination, and arrive within 30 Days of PO issuance, or at the time mutually agreed upon between both Parties as reflected in the PO. Deliveries of commodities, or provision of services, must be made between 8:30 a.m. to 4:00 p.m., local time, Monday through Friday, excluding State holidays, unless otherwise stated herein or on a subsequent PO.

XVI. Other Conditions

A. Public Records

The Contractor agrees to: (a) keep and maintain public records required by the Department in order to perform the Contract; (b) upon request from the Department’s custodian of public records, provide the Department with a copy of the related records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided or as provided by law; (c) ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the Contract term and following completion of the Contract, if the Contractor does not transfer the records to the Department upon Contract expiration or termination; and

(d) upon completion of the Contract, transfer, at no cost, to the Department all public records in possession of the Contractor or keep and maintain public records required by the Department to perform the Contract. If the Contractor transfers all public records to the Department upon completion of the Contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the Contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the Department, upon request from the Department’s custodian of public records, in a format that is compatible with the information technology systems of the Department.

Pursuant to Section 287.058(1)(c), F.S., the Department is allowed to unilaterally cancel the Contract for refusal by the Contractor to allow public access to all documents, papers, letters, or other material made or received by the Contractor in conjunction with the Contract, unless the records are exempt from Section 24(a) of Art. I of the State Constitution and Section 119.07(1), F.S.

If the Contractor has questions regarding the application of Chapter 119, Florida Statutes, to the Contractor’s duty to provide public records relating to this Contract, contact the custodian of public records at:

Florida Department of Corrections ATTN: Public Records Unit 501 South Calhoun Street Tallahassee, Florida 32399-2500 Telephone: (850) 412-2664 Fax: (850) 922-4355 Website: https://floridadoc.govqa.us/WEBAPP/_rs/(S(mxurvk hn004wtw1eymm15f4x))/SupportHome.aspx https://floridadoc.govqa.us/WEBAPP/_rs/(S(mxurvkhn004wtw1eymm15f4x))/SupportHome.aspx https://floridadoc.govqa.us/WEBAPP/_rs/(S(mxurvkhn004wtw1eymm15f4x))/SupportHome.aspx

B. Confidentiality

The Contractor shall ensure all staff assigned to this Contract maintain confidentiality with reference to commodities and services in accordance with applicable local, State, and federal laws, rules and regulations. The Department and the Contractor agree that all information and records obtained in the course of providing services under this Contract shall be subject to confidentiality and disclosure provisions of applicable federal and State statutes and regulations adopted pursuant thereto.

The Contractor agrees to keep all Department personnel information (i.e. Department staff telephone numbers, addresses, etc.) strictly confidential and shall not disclose said information to any person or entity, unless released to do so, in writing, by the Department.

C. Disputes

Any dispute concerning the performance of this Contract shall be resolved informally by the Parties. Any dispute that cannot be resolved informally shall be reduced to writing and delivered to the Department’s Chief Financial Officer (CFO), or designee.

The Department’s CFO, or designee, shall decide the dispute, reduce the decision to writing, and deliver a copy to the Contractor’s Representative, the Contract Manager, and the Contract Administrator.

D. Prison Rape Elimination Act

The Contractor shall report any violations of the Prison Rape Elimination Act Federal Rule 28 C.F.R. Part 115 to the Contract Manager immediately.

E. Insurance

The Contractor agrees to provide adequate insurance coverage on a comprehensive basis and to hold such insurance at all times during the existence of this Contract. The Contractor accepts full responsibility for identifying and determining the type(s) and extent of insurance necessary to provide reasonable financial protection for the Contractor and the Department under this Contract. Upon the execution of this Contract, the Contractor shall furnish the Contract Manager, written verification of such insurance coverage. Such coverage may be provided by a self-insurance program established and operating under the laws of the State of Florida. The Department reserves the right to require additional insurance where appropriate.

If the Contractor is a State agency or subdivision as defined in Section 768.28, F.S., the Contractor shall furnish the Department, upon request, written verification of liability protection in accordance with Section 768.28, F.S. Nothing herein shall be construed to extend any Party’s liability beyond that provided in Section 768.28, F.S.

F. Independent Contractor Status

This Contract does not create an employee/employer relationship between the Parties.

The Parties are independent contractors under this Contract and neither is the employee of the other for all purposes, including, but not limited to, the application of the Fair Labor Standards Act minimum wage and overtime payments, Federal Insurance Contribution Act, the Social Security Act, the Federal Unemployment Tax Act, the provisions of the Internal Revenue Code, the State Workers’ Compensation Act, and the State’s unemployment insurance law. The Parties shall each retain sole and absolute discretion in the judgment of the manner and means of carrying out their Contract duties. Services and commodities provided by each Party under this Contract shall be subject to the supervision of the other Party. In performing this Contract, neither Party nor its agents shall act as officers, employees, or agents of the other Party. The Parties agree that they are separate and independent business enterprises, and that each can pursue other opportunities.

This Contract shall not be construed as creating any joint venture or partnership between the Parties, and neither Party will be liable for any obligation incurred by the other Party, including, but not limited to, unpaid wages and overtime premiums.

G. Force Majeure

Neither Party shall be liable for loss or damage suffered as a result of any delay or failure in performance under this Contract or interruption of performance resulting directly or indirectly from acts of God, fire, explosions, earthquakes, floods, water, wind, lightning, civil or military authority, pandemics, acts of public enemy, war, riots, civil disturbances, insurrections, strikes, or labor disputes.

H. Annual Appropriation

The State’s and the Department’s duty to pay for commodities or services under this Contract is contingent upon an annual appropriation by the Legislature. The costs of services paid under any other contract or from any other source are not eligible for payment under this Contract.

I. Cooperation with Inspector General

In accordance with Section 20.055(5), F.S., the Contractor understands and will comply with its duty to cooperate with the Inspector General in any investigation, audit, inspection, review, or hearing concerning this Contract.

Independent Verification and Validation (IV&V) for OBIS Modernization

Addendum #001 13 FDC RFQ-23-004

Exhibit A

FDC RFQ-23-004

Request for Quotes (RFQ)

RFQ Released: July 29, 2022 Deadline for Questions: August 12, 2022, by 2:00 p.m. ET Quotes Due: September 09, 2022, at 2:00 p.m. ET

Regina Morrison, Procurement Officer Florida Department of Corrections 501 S. Calhoun Street

TABLE OF CONTENTS

Definitions

RFQ Timeline

SECTION 1.0 – OVERVIEW

1.1 Background

1.2 Statement of Purpose

1.3 Contract Term and Renewal

1.4 Basis of Selection

SECTION 2.0 – SCOPE OF WORK

2.1 Resources

2.2 Scope of Services

2.3 Vendor Responsibilities

2.4 Deliverables

2.5 Performance Measures and Performance Monitoring

2.6 Facilities and Equipment

2.7 Qualification Requirements

2.8 Staff Background/Criminal History Records Checks

2.9 Conflict of Interest

2.10 General Reporting Requirements

2.11 Rates and Invoicing

2.12 Financial Specifications

SECTION 3.0 – VENDOR QUOTE

3.1 Instructions to Respondents

3.2 Vendor Ombudsman

3.3 Quote Contents

3.4 Criminal Justice Information Security (CJIS)

3.5 MyFloridaMarketPlace (MFMP) Vendor Registration

3.6 Scrutinized Companies Certification

3.7 Confidential, Proprietary, or Trade Secret Material

SECTION 4.0 – OTHER TERMS AND CONDITIONS

4.1 Intellectual Property

4.2 Special Conditions

ATTACHMENT I

ATTACHMENT II

ATTACHMENT III

ATTACHMENT IV

ATTACHMENT V

ATTACHMENT VI

ATTACHMENT VII

Definitions

The terms used in this RFQ, unless the context otherwise clearly requires a different construction and interpretation, have the following meanings:

1.1 Business Day: Days Monday through Friday, excluding State holidays.

1.2 Contract: The written agreement between the Department and the successful Vendor(s) resulting from this RFQ.

1.3 Contract Manager: The Department employee, or his/her designee, identified as the individual responsible for performance oversight and operational management of the Contract and serves as the liaison between Contract and the Department. This individual is not the same as the job title listed in Attachment I, Price Sheet.

1.4 Day: A calendar day, unless otherwise noted.

1.5 Department or FDC: The Florida Department of Corrections.

1.6 HIPAA: The Administrative Simplification provisions of the Health Insurance Portability and Accountability Act of 1996 (HIPAA, Title II) requires the Department of Health and Human Services (HHS) to establish national standards for electronic health care transactions and national identifiers for providers, health plans, and employers. It also addresses the security and privacy of health data. The awarded Vendor shall comply with HIPAA, 1996 (42 U.S.C. 1320d-1329d-8), and all applicable regulations promulgated thereunder.

1.7 Inmate(s): An individual who is incarcerated by the Department.

1.8 MyFloridaMarketPlace (MFMP): The State of Florida’s eProcurement system.

1.9 Offender-Based Information System (OBIS): The electronic data repository that serves as the Department’s official record keeping system of Inmates.

1.10 Program Manager: A contracted position identified as the individual responsible for managing the overall Project.

1.11 Project or Program: OBIS modernization project.

1.12 Purchasing Card (PCard): The State of Florida’s purchasing card program that utilizes the Visa platform.

1.13 Purchase Order (PO): The form or format which the Department utilizes through MFMP to make a purchase under a contract.

1.14 Quote or Reply: A Vendor’s response to this RFQ.

1.15 Responsible Vendor: A Vendor who has the capability in all respects to fully perform the Contract(s) requirements and the integrity and reliability that will assure good faith performance.

1.16 Subcontract: An agreement entered into by the Vendor with any other person or organization that agrees to perform any performance obligation for the Vendor specifically related to securing or fulfilling the Vendor’s obligations to the Department under the terms of the Contract(s).

1.17 Subcontractor: Another person or organization that has entered into an agreement with the successful Vendor to perform any contractual obligation for the Vendor under the terms of the Contract(s).

1.18 Vendor(s): A legally qualified corporation, partnership or other business entity authorized to conduct business provide services under the State Term Contract (STC) No. 80101507- 21-STC, Information Technology Independent Verification and Validation, with the State of Florida submitting a response to the Department, pursuant to this RFQ.

RFQ Timeline

Event Occurrence Location (if applicable)

Release of RFQ July 29, 2022 Via MFMP

Deadline for Vendors to submit questions

August 12, 2022, by 2:00 p.m., Eastern Time

Submit via email to:

Florida Department of Corrections Regina Morrison, Procurement Officer Email: purchasing@fdc.myflorida.com

Quotes due to the Department

September 09, 2022, by 2:00 p.m., Eastern Time Via MFMP

[REMAINDER OF PAGE INTENTIONALLY LEFT BLANK]

mailto:purchasing@fdc.myflorida.com

SECTION 1.0 – OVERVIEW

1.1 Background

As Florida’s largest agency, and the third-largest state prison system in the United States, the FDC has 24,000 full-time employees, incarcerates 80,000 inmates, and supervises nearly 145,000 offenders in the community.

Pursuant to Chapter 945, Florida Statutes (F.S.), the Florida Department of Corrections (Department) is responsible for the supervision and protective care, custody, and control of the buildings, grounds, property, and all other matters pertaining to facilities and programs for the imprisonment, correction, and rehabilitation of adult inmates and offenders. The Department’s Office of Information Technology (OIT) is the organizational unit within the Department that’s responsible for information technology infrastructure.

Pursuant to Chapter 282, F.S., State agency information technology projects with “…total project costs of $10 million or more and are funded in the General Appropriations Act or any other law…” must engage Independent Verification and Validation (IV&V) services for any information technology (IT) project that requires project oversight.

1.2 Statement of Purpose

The Department is seeking responsive Replies from experienced, qualified, and Responsible Vendors to provide services under the State Term Contract (STC) No.

80101507-21-STC, Information Technology Independent Verification and Validation Services. Vendors must be able and willing to provide IV&V services for the OBIS modernization project in accordance with this RFQ. The purpose of this RFQ is to define the scope and requirements for the IV&V services to be provided to the Department.

1.3 Contract Term and Renewal

As a result of this RFQ, the Department will award the successful Vendor a five (5) year Contract.

The Department may renew the Contract for up to five (5) additional years, or portions thereof, in accordance with Section 287.057(14), F.S. Contract pricing is fixed, as specified in the Vendor’s completed Attachment I, Price Sheet. Any renewal shall be contingent, at minimum, on satisfactory performance of Contract obligations by the Vendor, as determined by the Department, and subject to the availability of funds.

1.4 Basis of Selection

The Department will award a Contract to the responsive, Responsible Vendor(s) who it determines provides the best value to the State based on the ability to meet the Department’s requirements for all products and services, determination of service needs, and price, as specified in Attachment I, Price Sheet. The Department reserves the right to reject any Quote in response to this RFQ at its sole discretion.

The Department may conduct in-person team presentations/interviews with select Vendors as a part of the review process. If selected to participate, the team presentations/interviews will be conducted at the Department’s Tallahassee office.

SECTION 2.0 – SCOPE OF WORK

This section contains the Scope of Work (SOW) required in the Contract(s) resulting from this RFQ. All services to be performed by, or under the direction of, the selected Vendor shall meet or exceed the minimum requirements outlined in this RFQ.

2.1 Resources

The Department is providing the following resources that may help Vendor(s) develop and propose realistic, innovative solutions, implementation strategies, transition plans, and pricing that best meets the needs of the Department. Vendors are strongly encouraged to review the information found between pages 400-937 of the following link to gain a comprehensive understanding of the current services.

http://floridafiscalportal.state.fl.us/Document.aspx?ID=23250&DocType=PDF

2.2 Scope of Services

The Vendor shall provide all products and services to perform IV&V services in accordance with this RFQ. All Project tasks and deliverables will be directed and communicated to the IV&V Vendor by the Program Manager or his/her designee and work in collaboration with key members of the Project.

Section 282.0051(1)(q), F.S., provides, “An entity providing independent verification and validation may not have technical, managerial, or financial interest in the project and may not have responsibility for, or participate in, or any other aspect of the project.” The Vendor shall have no interest and shall not acquire any interest that shall conflict in any manner or degree with the performance of the services required under this RFQ.

2.3 Vendor Responsibilities

The Vendor shall provide the Department with IV&V services including, but not limited to, the following:

2.3.1 Provide an independent, objective, third-party view of Project efforts with the intent of protecting the State’s interests.

2.3.2 Provide personnel, processes, approaches, and tools to perform IV&V services.

2.3.3 Provide recommendations to address concerns identified through activities observed in the SOW of this RFQ.

2.3.4 Assess and report overall Project performance, assessing future Project progress and success, and identify any possible impediments to successful Project completion.

2.3.5 Review all Project artifacts, deliverables, and work products to evaluate the effectiveness of the Project management controls, procedures and methodology.

http://floridafiscalportal.state.fl.us/Document.aspx?ID=23250&DocType=PDF

2.3.6 Assess the effectiveness of Project communication and agency involvement.

2.3.7 Developing performance metrics that facilitate the tracking of progress and completion of Project tasks and milestones.

2.3.8 Reviewing Project spend plan documentation.

2.3.9 Reviewing Project Legislative Budget Requests for the future fiscal years.

2.3.10 Reviewing Project budget amendment documentation for request of release.

2.3.11 Validating identified risks and issues and proposed response(s) and assessing impact to the Project progress or success.

2.3.12 Identifying risks and assisting the Project in the development of mitigation plans to address those identified risks.

2.3.13 Reviewing contracts to verify successful delivery of contracted terms.

2.3.14 Ensuring the Project team follows required standards, including, but not limited to, the OBIS modernization project management plan, Florida Administrative Code, Florida Statutes, and federal requirements.

2.3.15 Participating in ongoing lessons learned Project activities.

2.3.16 Providing input for the Project’s schedule management processes related to IV&V activities, tasks, and deliverables which will be included in the master Project schedule.

2.3.17 Providing regular status to Project leadership and supporting documentation as requested.

2.3.18 Providing completion updates for IV&V tasks identified on the master Project schedule.

2.3.19 Providing interim updates as follow-up to and anticipation of the Monthly Project

Assessment Report(s).

2.3.20 Communicating concerns that could put the scope, budget, schedule, or viability of the Project at significant risk to Project leadership in a timely manner, and documenting within the Monthly Project Assessment Report(s), if appropriate.

2.3.21 Documenting assessment of status for Project phase gates within the Monthly

Project Assessment Report(s).

2.3.22 Participating in the review of agreed upon Project deliverables following the Project’s deliverable management processes.

2.3.23 Providing feedback for the agreed upon Project solicitation and procurement activities identified on the master Project schedule.

2.3.24 Providing presentations and oral reports in Project meetings or other Project initiated events.

2.3.25 Maintaining records in accordance with Project procedures.

2.3.26 Maintaining open and effective communication with the Program Manager, Project leadership, sponsor(s), Executive Steering Committee, and oversight entities.

2.3.27 Completing transition services providing all of the documents, software, software licenses and other Project work products as it relates to the work performed under this IV&V services contract.

2.3.28 Performing other duties as assigned by the Program Manager and/or their designee(s).

2.4 Deliverables

Deliverables No. Due Date Description

DEL-01

IV&V

Management Plan

On or before the 15th Business Day after Contract execution.

A Microsoft Word document including, but not limited to, the following:

• A detailed description of how the Vendor plans to perform

IV&V services. This description must include modifications and clarifications to Vendor’s STC Exhibit D, (IT) Work Plan and IV&V Methodology. This description must also include strategies, standards, and approaches employed by the Vendor in executing each of the IV&V activities.

• An organizational structure that demonstrates, among other things, coordination activities among the Vendor, the Program Manager, Project team, sponsor(s), stakeholders, and any oversight entities involved in the Project.

• A description of the approach for completing deliverables.

• A description of resources assigned to Vendor activities, tasks, and deliverables.

• A description of assessment criteria for use in future assessment reports and the process for modifying assessment criteria.

DEL-02

Monthly Project Assessment Reports

Monthly by the 8th Business Day.

A Microsoft Word document including, but not limited to, the following:

• Summary of the results of ongoing Project monitoring and provide findings and recommendations for improvement of Project management and processes.

• Assessment of the Project’s ability to meet future milestones and deliverables and recommendations on readiness to proceed to the next phase within the Monthly Project Assessment Report(s).

DEL-03

Project Deliverable Review Reports

Monthly by the 8th Business Day for each deliverable.

A Microsoft Word document including, but not limited to, the following:

• Summary of the Project deliverable review assessment.

• Detailed report on the findings of the specific Project deliverable reviewed and any actions for remediation or escalation, as appropriate.

2.4.1 Acceptance of Work

2.4.1.1 All deliverables shall be submitted to the Department’s Contract Manager for review and approval (“Acceptance”) in accordance with the agreed upon schedule unless otherwise approved by the Department’s Contract Manager in writing. The Department will only accept each deliverable when it has been reviewed and signed off that it meets the applicable criteria specified in this SOW, including the standards and guidelines referenced herein.

The Department anticipates completing its review of deliverables within five (5) Business Days after receiving the deliverable. The Department may return a deliverable identifying modification required by the Vendor. The Vendor shall have up to three (3) Business Days after receiving a request for modification to submit a method of cure for approval to the Department. Once the method of cure has been approved, the Vendor shall have up to three (3) Business Days to cure in accordance with the Department-approved method and return the deliverable to the Department. If additional time is needed to review, modify, or cure the deliverables, the Vendor shall submit a request in writing by email to the Department’s Contract Manager for consideration. The Department may provide additional acceptance criteria during the contract period to be used for the deliverables. The Department reserves the right to require the Vendor to revise deliverables previously approved at no additional cost to the Department for any inadequate or insufficient information. Invoices will not be paid for deliverables that fail to meet specifications until acceptable corrective action has been completed.

2.4.1.2 Vendor performance shall be evaluated on an ongoing basis; however, approval of services will be performed in accordance with monthly billing. Performance criteria shall be applied to all team members who are part of the Vendor’s resources, including subcontractors. As a part of the SOW, the Vendor shall:

a. Adhere to the standards of conduct prescribed in the Department’s personnel policy and procedure guidelines, particularly rules of conduct, security procedures, and any other applicable rules, regulations, policies, and procedures of the Department;

b. Work and interact in a professional manner, demonstrating a cooperative and positive attitude;

c. Demonstrate effective written and verbal communication with timely and appropriate response to the Department; and

d. Be available on-site and in-person, as needed, for meetings to provide continuity of resources and knowledge and observation of team interactions and activities by the Department.

2.5 Performance Measures and Performance Monitoring

The Department desires to contract with a Vendor who clearly demonstrates its willingness to be held accountable for the achievement of successful Contract performance. By submitting a Quote, the Vendor agrees to the Department’s assessment of financial consequences, which are not intended to be a penalty but to incentivize the Vendor’s performance under the Contract.

The performance measures below list the key expectations most critical to the success of the Contract and the financial consequences the Department will assess if an expectation is not met. If a Vendor is unable to achieve a performance measure expectation because of unforeseen circumstances outside of its control, the Vendor may submit a written request, in advance, to the Department’s Contract Manager to waive the assessment of the associated financial consequence. The Department’s Contract Manager will then review the request to determine whether mitigating circumstances existed beyond the Vendor’s control. For the Department to approve the request, the Vendor must not have contributed to the failed expectation in any manner. The Department does not waive its ability to assess financial consequences by allowing the delivery of an item(s) or completion of services after the time allowed. Nothing in this section shall limit the Department’s right to pursue other remedies available at law or in equity.

2.5.1 Performance Measures and Financial Consequences

No. Expectation Measurement Financial Consequence

PM-01

Monthly Summary Report

The Vendor shall submit a Monthly Summary Report, in a Department-approved format, to the Department’s Contract Manager on or before the 10th Day, following the month services were rendered.

The Monthly Summary Report shall be postmarked or sent by email on or before the 10th Day, following the month services were rendered.

$100.00 per Day after the 10th Day of the month the report is not received.

PM-02

IV&V

Management Plan

The Vendor shall submit an IV&V Management Plan, in a Department-approved format, to the Department’s Contract Manager on or before the 15th Business Day after Contract execution.

The IV&V Management Plan shall be sent by email on or before the 15th Business Day after Contract execution.

$500.00 per Day after the 15th Business Day the IV&V Management Plan is not received after Contract execution.

No. Expectation Measurement Financial Consequence

PM-03

Monthly Project Assessment Reports

The Vendor shall submit a Monthly Project Assessment Report each month, in a Department-approved format, to the Department’s Contract Manager on or before the 8th

Business Day of the following month.

The Monthly Project Assessment Report shall be sent by email on or before the 8th Business Day of each month for the prior month.

$50.00 per Day after the 8th Business Day the Monthly Project Assessment Report is not received.

PM-04

Project Deliverable Review Reports

The Vendor shall submit the Project Deliverable Review Report each month, in a Department-approved format, to the Department’s Contract Manager on or before the 8th Business Day of the following month.

The Project Deliverable Review Report shall be sent by email on or before the 8th Business Day of each month for the prior month.

$50.00 per Day after the 8th Business Day the Project Deliverable Review Report is not received.

2.5.2 Performance Standards

The standard for each Performance Measure shall be met in the time specified.

The Vendor shall advise the Department, in writing, of any extenuating or mitigating circumstances that will prohibit them from reaching the above-outlined Performance Measure.

The Vendor expressly agrees to the imposition of financial consequences, in addition to all other remedies available to the Department by law.

The Department’s Contract Manager shall provide written notice to the Vendor’s Representative of all financial consequences assessed, accompanied by detail sufficient for a justification of assessment. Within 10 Business Days of receipt of a written notice of demand for consequences due, the Vendor shall forward payment to the Department. Payment shall be for the appropriate amount, be made payable to the Department, and be in the form of a cashier’s check or money order.

By execution of any Contract, the awarded Vendor acknowledges and agrees that its performance under the Contract shall meet the standards set forth above. Any failure by the awarded Vendor to achieve the performance measures identified above shall result in the assessment of financial consequences. Any such assessment or subsequent payment thereof shall not affect the Vendor’s obligation to provide services as required by this RFQ.

2.5.3 Any tools, templates, or applications developed and work conducted by the IV&V

Vendor pursuant to the SOW shall be approved, in writing, by the Department prior to utilization.

2.5.4 Performance Monitoring Methodologies

The Department’s Contract Manager will monitor the Vendor’s service delivery to determine if the Vendor has achieved the required level of performance for each performance measure identified in Section 2.5, Performance Measures and Performance Monitoring.

If the Department determines that the Vendor has failed to meet a performance measure, the Vendor may be contacted by the Department’s Contract Manager to address the non-compliant service delivery. The Vendor shall correct all identified non-compliant service delivery related to failure to meet the performance measures within 30 Business Days of notice.

The Department may utilize, but not be limited to, all of the following monitoring methodologies in monitoring the Vendor’s performance under the Contract, and in determining compliance with Contract terms and conditions:

a. Desk reviews of records related to service delivery (shall include any documents and databases pertaining to the Contract and may be based on all documents and data, or a sampling of same whether random or statistical);

b. Interviews and surveys with Vendor and Department staff; and

c. Review of monitoring, audits, investigations, reviews, evaluations, or other actions by external agencies, as applicable (e.g., American Correctional Association, etc.).

2.6 Facilities and Equipment

2.6.1. The Department will provide necessary access to the Department’s network upon completion of security awareness training by the Vendor.

2.6.2. Work may be conducted both on-site at the Department’s Tallahassee office and offsite at the Vendor’s office location(s). The Vendor shall notify the Department’s Contract Manager of the location of work for the services.

2.6.3. When work is performed on-site, the Department may provide temporary workspace and access to a public WiFi network.

2.6.4. The Vendor shall supply its own computing equipment and telephone service. The Department’s Tallahassee office is outfitted with Verizon Wireless equipment that will provide the strongest signal to all Verizon devices.

2.6.5. If requested by the Vendor, the Department may provide access to a USB printer for use by the Vendor’s staff while on-site at the Department’s Tallahassee office.

2.6.6. The Department’s production network shall not be accessed by computing equipment that is not owned and managed by the Department.

2.7 Qualification Requirements

2.7.1 Minimum Experience

Qualified Vendor(s) shall have the following minimum experience:

2.7.1.1 Minimum five (5) years of experience providing IV&V services to state or local government agencies for information technology projects greater than $10 million and of similar scope and size.

2.7.1.2 Established validation and verification processes, tools, and methodologies with clear metrics to demonstrate project health and progress.

2.7.1.3 Experience providing timely, detailed deliverable review reports.

2.7.1.4 Experience monitoring contracts for successful delivery of contractual terms.

2.7.1.5 Experience with industry standard best practices and methodologies in risk and issue analysis and management.

2.7.1.6 Knowledge of State and federal laws applicable for the implementation as well as project management processes.

2.7.2 Preferred Experience

The Department prefers Vendors have the following experience in addition to the minimum experience requirements.

2.7.2.1 Minimum five (5) years of experience providing IV&V services to State or local government agencies for information technology projects greater than $10 million and of similar scope and size within the last 10 years.

2.7.2.2 Experience working with public sector entities similar in size in terms of annual budget and full-time equivalent (FTE) employee count.

2.7.2.3 Knowledge and demonstrated application of State of Florida procurement and contract monitoring requirements.

2.7.2.4 Experience implementing a quality management system(s) for public sector entities.

2.7.2.5 Knowledge of the separation of duties for IV&V and the Florida

Department of Management Services, Division of Telecommunications as it relates to project oversight.

2.7.3 Staff Commitment

The Vendor shall notify the removal of any staff from their assigned roles or the Contract by the following Business Day to the Department’s Contract Manager.

The Department reserves the right to approve or deny any replacement personnel.

Replacement personnel for any removed person shall have equal or superior experience and qualifications. Prior to assignment to this Contract, the Vendor shall submit the experience and qualifications of proposed replacement personnel to the Department for approval. The Vendor is responsible for training any replacement personnel.