Digital Security Solutions RFP.pdf

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 or intended decision must be timely filed with the Department of Management Services’ Agency Clerk. Protests may be filed by courier, hand delivery, or regular mail at: Department of Management Services, Office of the General Counsel, Attention: Agency Clerk, 4050 Esplanade Way, Suite 160, Tallahassee, Florida 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.

The Procurement Officer should be copied on such filings.

The State of Florida

Department of Management Services

Request for Proposals (RFP)

Digital Security Solutions

RFP No.: 24-43230000-RFP

Jake Goodrich, Procurement Officer

4050 Esplanade Way, Suite 360 Tallahassee, Florida 32399-0950

850-921-4072 John.goodrich@dms.fl.gov

Division of State Purchasing 4050 Esplanade Way, Suite 360

Tallahassee, FL 32399-0950

Ron DeSantis, Governor Pedro Allende, Secretary mailto:agencyclerk@dms.fl.gov mailto:John.goodrich@dms.fl.gov

TABLE OF CONTENTS

1 INTRODUCTION

1.1 Timeline of Events

1.2 Definitions

1.3 Objective

1.4 Scope of Work

1.5 Term

1.6 Procurement Officer

1.7 Order of Precedence for Solicitation

1.8 Commitment to Diversity

1.9 Department’s Rights to Reject Proposals

2 THE RFP PROCESS

2.1 Question Submission

2.2 Addenda to the RFP

2.3 Public Opening

2.4 Special Accommodations

2.5 Technical Evaluation

2.6 Mandatory Responsive Requirements

2.7 Equal Proposals

2.8 Scoring Methodology

2.8.1 Technical Proposal ................................................................................... Error! Bookmark not defined.

2.8.2 Price Proposal

2.9 Basis of Award

2.10 Electronic Posting of Notice of Intent to Award

2.11 Contract Formation

2.12 Other Requirements Following Award

2.12.1 Registration with the Florida Department of State

2.12.2 Florida Substitute Form W-9

2.12.3 Preferred Pricing Affidavit ................................................................... Error! Bookmark not defined.

3 RESPONDING TO THE RFP

3.1 General Instructions

3.2 Special Instructions

3.4 Modification or Withdrawal of Proposal

3.5 Cost of Proposal Preparation

3.6 Independent Preparation

3.7 False or Erroneous Information

1 INTRODUCTION

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 April 19, 2024

Deadline to submit questions in the Business Network April 29, 2024

Anticipated date of posting Q&A on VIP and in the Business Network May 13, 2024

Deadline to submit Proposal and all required documents in the Business Network 10:00 AM June 4, 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 June 4, 2024 mailto:ADA.Coordinator@dms.myflorida.com

Timeline of Events

Event

Time (Eastern Time) Date

Anticipated period for evaluations June 10, 2024 – June 20, 2024

Anticipated date to post Notice of Intent to Award on VIP and in the Business Network June 25, 2024

Anticipated Contract start date July 1, 2024

1.2 Definitions

Definitions contained in section 287.012, Florida Statutes (F.S.); Rule 60A-1.001, Florida Administrative Code (F.A.C.); Attachment E, Special Contract Conditions; and the PUR 1001, General Instructions to Respondents (10/06), available at https://www.dms.myflorida.com/business_operations/state_purchasing/state_agency_resources /state_purchasing_pur_forms, are incorporated by reference. In the event of a conflict, the definitions listed in this section supersede the incorporated definitions for the purposes of this RFP document. All definitions apply in both their singular and plural sense.

Add-On Services – Non-core or additional services available for purchase to enhance or support a Solution.

Bandwidth Usage – A Unit that may be used to measure costs. The amount of data transmitted over a network expressed in gigabytes (GB) for purposes of this solicitation.

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. Eastern Time.

Business Network – The Business Network (formerly known as Ariba Network) is an online marketplace that connects vendors and buyers for solicitations collaboration and purchasing transactions. A Business Network account is required to submit responses to electronic solicitations.

Commodity Code – The State’s numeric code for classifying commodities and contractual services which meet specific requirements, specifications, terms, and conditions herein. Florida has adopted the United Nations Standard Products and Services Code (UNSPSC) for classifying commodities and services.

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

Contract – The written agreement between the Department and the awarded Respondent(s) resulting from this solicitation.

Contractor – A Vendor that enters a Contract with the Department as a result of this solicitation.

Customer – A State Agency or Eligible User.

https://www.dms.myflorida.com/business_operations/state_purchasing/state_agency_resources/state_purchasing_pur_forms https://www.dms.myflorida.com/business_operations/state_purchasing/state_agency_resources/state_purchasing_pur_forms

Digital Security Solutions – The products, services, or software proposed to meet the needs of a Service Category. May be used interchangeably with “Solution.”

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

Devices/Endpoints – Any computer-based equipment connected to a network, including laptops, desktops, mobile devices, and other network-connected hardware.

IP Addresses – Unique identifiers for each device or node on a network, encompassing both static and dynamic IP addresses assigned to company resources.

Manufacturer – The original producer of a Digital Security Solution.

Nodes – Any active, network-connected device that can send, receive, or forward information.

This includes routers, switches, gateways, and other networking hardware.

Proposal – The document(s) submitted by a Respondent in response to this RFP.

Resources – Digital assets such as servers (including application and database servers), critical file storage systems, and any cloud-based resources essential to the organization.

Respondent – A Vendor who submits a Proposal.

Service Category – The categories of products and services solicited, as set forth in section 1.4, below.

State – The State of Florida.

Tiered Pricing – Pricing model where greater numbers of units purchased provide discounted price scaling with the amount purchased.

Transactions or Logs Processed – A Unit that may be used to measure costs. The volume of logs or transaction records processed by the system, essential for services like Endpoint Detection and Response (EDR) and Security Operations Platforms. Measured by the number processed per month.

Unit – The metric used to establish the price for a Solution as selected for the submitted Attachment B, Price Proposal, as selected by the Respondent on the submitted Attachment B, Price Proposal. Units may be: device/endpoints, nodes, users, IP addresses, resources, bandwidth usage, or transactions/logs processed.

Users – User accounts or profiles that can be monitored or managed within the security environment. Includes individual user identities accessible or observable through the system.

Value-Added Services - Value-added services include any additional services the Contractor offers, for no additional cost to the Customer, as part of the Contract, and which clearly exceed the minimum requirements and are within the scope of this Contract. An example of value-added services would be, “The Contractor will provide a year of 24/7 support services, at no cost to the Customer.” Any value-added service proposed by the Contractor, if accepted by the Customer, shall become a requirement and be a part of the minimum service specifications contained in any resulting Purchase Order.

Vendor Information Portal (VIP) – The State of Florida’s vendor registration, supplier diversity, and bidding system developed in accordance with section 287.042(3), F.S. The Vendor Information Portal is accessible at https://vendor.myfloridamarketplace.com.

1.3 Objective

In accordance with section 282.0051(p)(1), F.S., the Department is issuing this RFP to establish a State Term Contract for Digital Security Solutions. The Department intends to make multiple awards per Service Category; however, the Department reserves the right to award to one or multiple Respondents, statewide or by region, or to make no award, as determined to be in the best interest of the State.

1.4 Service Categories

1.4.1 Service Category 1: Endpoint-Based Asset Discovery – Awarded Contractor(s) will provide products or services to maintain up-to-date inventory of hardware, improve security management, and aid in conducing incident response.

1.4.2 Service Category 2: Network-Based Asset Discovery – Awarded Contractor(s) will provide products or services to identify devices on a specific network, helping administrators gain visibility into all network-connected assets.

1.4.3 Service Category 3: Endpoint Detection and Response – Awarded Contractor(s) will provide products and services responsible for safeguarding individual devices from cyber threats by preventing and responding to malicious activities in real-time.

1.4.4 Service Category 4: External-Facing Asset Discovery – Awarded Contractor(s) will provide products or services that help identify, analyze, and manage the external attack surfaces of Customer systems, applications, and networks.

1.4.5 Service Category 5: Email Security – Awarded Contractor(s) will provide products or services responsible for analyzing incoming email messages and detect potential threats in real-time.

1.4.6 Service Category 6: Content Delivery Network – Awarded Contractor(s) will provide products or services responsible for improving the performance, reliability, and scalability of delivering content over the internet.

1.4.7 Service Category 7: Security Operations Platform – Awarded Contractor(s) will provide products or services responsible for combining multiple security technologies and tools into a single integrated platform.

1.5 Scope of Work

Respondent(s) awarded a Contract under this RFP shall provide products and services as described in the Attachment A, Scope of Work.

1.6 Term

The term is as specified in the Attachment F, Draft Contract.

1.7 Procurement Officer

In accordance with section 21 of the PUR 1001: The Procurement Officer is the sole point of contact for this RFP. Violation of section 21 of the PUR 1001 may be grounds for rejecting a Proposal. The contact information for the Procurement Officer is:

https://gcc02.safelinks.protection.outlook.com/?url=https%3A%2F%2Fvendor.myfloridamarketplace.com%2F&data=05%7C01%7CNicole.Walker%40dms.fl.gov%7Cd38a3a6eff994d8181eb08db23fcb675%7Ced173fed38394a3ca952140e906fed8d%7C0%7C0%7C638143340533516786%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C3000%7C%7C%7C&sdata=bawWG1kiSF9B%2FuvjOVIaeISbWDXkUETlOGDnzvbL0RI%3D&reserved=0

Jake Goodrich Purchasing Analyst Supervisor, Division of State Purchasing Florida Department of Management Services 4050 Esplanade Way, Suite 360, Tallahassee, FL 32399-0950 Phone: 850-487-0758 Email: john.goodrich@dms.fl.gov

****ALL EMAILS TO THE PROCUREMENT OFFICER SHOULD CONTAIN THE SOLICITATION

NUMBER IN THE SUBJECT LINE OF THE EMAIL****

1.8 Order of Precedence for Solicitation

In the event of a conflict between the documents comprising this RFP, the conflict will be resolved in the following order of priority (highest to lowest):

a) Addenda to RFP, if issued (in reverse order of issuance)

b) Attachment A, Scope of Work

c) Attachment B, Price Proposal(s)

d) Attachment C, Technical Proposal Instructions and Evaluation Criteria

e) Attachment D, Additional Special Contract Conditions

f) Attachment E, Special Contract Conditions

g) Attachment F, Draft Contract

h) This RFP document

i) Other RFP attachments

1.9 Commitment to Diversity

The State is committed to supporting its diverse business population through involving woman- , veteran-, and minority-owned business enterprises in the state’s purchasing process. The Department supports diversity in its procurements, and requests that all subcontracting opportunities afforded by this solicitation be shared with certified woman-, veteran-, and minority-owned business enterprises. The award of subcontracts should reflect the vast array of citizens in the State. Respondents can search for certified businesses online at the Office of Supplier Diversity’s Certified Vendor Directory or by contacting 850-487-0915 for information on certified businesses that may be considered for subcontracting opportunities. The Certified Vendor Directory is accessible at: http://vendor.myfloridamarketplace.com.

The Office of Supplier Diversity’s Mentor-Protégé Program connects certified businesses with private business entities for business development mentoring. The Department strongly encourages Vendors doing business with the State to consider becoming a Mentor and participating in this initiative. More information on the Mentor-Protégé Program may be obtained by contacting the Office of Supplier Diversity at 850-487-0915 or by email at:

osdinfo@dms.fl.gov.

1.10 Department’s Rights to Reject Proposals

The Department may reject any Proposal not submitted in the manner specified by this solicitation.

Proposals that do not meet all requirements, specifications, terms, and conditions of the solicitation or fail to provide all required information, documents, or materials may be rejected as non-responsive. Respondents whose Proposals, references, or current status do not reflect the capability, integrity, or reliability to fully and in good faith perform the requirements of the Contract may be rejected as not responsible. The Department reserves the right to determine which mailto:john.goodrich@dms.fl.gov https://vendor.myfloridamarketplace.com/ mailto:osdinfo@dms.fl.gov

Proposals meet the requirements of this solicitation and which Respondents are responsive and responsible. The Department is placing Vendors on notice of the prohibitions against considering social, political, or ideological interests in government contracting contained in section 287.05701, F.S.

In this solicitation, the words “should” or “may” indicate desirable attributes or conditions but are permissive in nature. Where language indicates that the attribute or condition is mandatory, the Department still reserves the right to waive any minor irregularity if the Department determines that it is in the best interest of the State to do so.

A deviation from a requirement or condition is material if, in the Department’s discretion, it provides a substantial advantage to one Respondent over another or has a potentially significant effect on the quality of the Proposal or on the cost to the State.

2 THE RFP PROCESS

2.1 Question Submission

The Department invites interested and registered Vendors to submit questions regarding the solicitation. Questions must be submitted in the Business Network by the time and date reflected in the ‘Timeline of Events’ section. Respondents are strongly encouraged to ask any questions regarding this RFP, including the proposed Contract terms and conditions, prior to the deadline to submit questions. The Department is not obligated to revise the solicitation or attachments.

2.2 Addenda to the RFP

The Department reserves the right to modify this solicitation by addenda. Addenda may modify any aspect of this solicitation. Any addenda issued will be posted on VIP and the Business Network. It is the Respondent’s responsibility to check VIP and the Business Network for any changes throughout the procurement process and prior to submitting a Proposal.

2.3 Public Opening

Proposals will be opened, and the names of Respondents will be announced, at a public meeting on the date and at the location indicated in the Timeline of Events section. Respondents are not required to attend. In accordance with section 119.071(1)(b), F.S., the Department will not provide other information regarding the received Proposals at the public opening.

2.4 Special Accommodations

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.fl.gov at least five Business Days prior to the scheduled event. If hearing or speech-impaired, please contact the ADA Coordinator by using the Florida Relay Service at

800-955-8771 (TDD).

2.5 Technical Evaluation

The evaluators will independently review and score the Technical Proposal(s) received from responsive and responsible Respondents for Solutions using the evaluation criteria described in Attachment C, Technical Proposal Instructions and Evaluation Criteria.

2.6 Mandatory Responsive Requirements

The Department will not review Proposals from Respondents who do not meet the mandatory responsive requirements listed in Attachment G.

mailto:ADA.Coordinator@dms.fl.gov

Note: The Department will perform an initial responsiveness check. Proposals found to be non-responsive will not be considered for award. The Department reserves the right to act upon information discovered during and after the initial responsiveness check impacting the responsibility or responsiveness of the Respondent.

2.7 Equal Proposals

In the event that there are no multiple awards contemplated in the RFP, and the Department receives equal Proposals eligible for award, the Department will comply with the following, as applicable: sections 287.057(11), 287.087, 287.092, 295.187(4)(a), and 295.187(4)(b), F.S. In order to clarify the Respondents’ status with regard to the applicable statutory preference requriements, the Department may request information from Respondents with equal eligible Proposals. A Respondent will not be permitted to amend or suplement its Proposal in response to such request for clarification.

2.8 Scoring Methodology

Respondents shall receive a score for each Solution proposed for a Service Category. A Respondent’s Solution’s total final score will be determined by combining the score as evaluated in section 2.8.1, Price Proposal, and the average of the evaluator’s Technical Proposal scores.

The Department will consider pricing for initial and renewal terms as submitted by the Respondent. Respondent will receive a score for each Solution for which it provides an Attachment B, Price Proposal and a Technical Proposal. The price proposal score will be added to the Respondent’s Solution’s technical score to determine the Respondent’s total final score for each Solution included in the Response. The scoring methodology for the total final score is outlined below:

The scoring methodology is outlined below:

Proposal Available Points A. Price Proposal (Attachment B) 90 B. Technical Proposal (Attachment C) 560 Total Avalable Points (A + B) 650

2.8.1 Price Proposal - 90 Available Points

For each Solution proposed for a Service Category, the Respondent may be awarded up to 60 points for the initial term and 30 points for the renewal term for its submitted Price Proposal. Add-On Services shall not be evaluated. The Respondent must submit all required pricing information as identified in Attachment B, Price Proposal. If Tiered Pricing is submitted, it shall contain all required pricing information as identified in Attachment B, Price Proposal. If the Attachment B, Price Proposal, has missing or incomplete renewal term pricing, Respondent affirms pricing for the initial term shall be applicable to any renewal terms. The pricing per Unit selected shall be applied to Model Small, Medium, and Large Entities. The number of each type of Unit shall be as follows for the Model Entities:

Model Small Entity:

Devices/Endpoints: 250 Nodes: 50 Users: 150 IP Addresses: 100 Resources: 30 Bandwidth Usage: 6,000 GB/year

Transactions/Logs Processed: 6,000,000 logs/year

Model Medium Entity:

Devices/Endpoints: 5,000 Nodes: 500 Users: 3,000 IP Addresses: 1,500 Resources: 300 Bandwidth Usage: 24,000 GB/year

Transactions/Logs Processed: 24,000,000 logs/year

Model Large Entity:

Devices/Endpoints: 17,000 Nodes: 1,700 Users: 10,000 IP Addresses: 5,000 Resources: 1,000 Bandwidth Usage: 120,000 GB/year

Transactions/Logs Processed: 60,000,000 logs/year

The price for the proposed Solution for each Model Entity shall be calculated for the initial and renewal terms.

Initial Term Pricing:

20 points shall be awarded per Model Entity to the Solution in each Service Category that provides the lowest cost for the Model Entity in the Initial Term. All other Solutions in each Service Category shall receive points per Model Entity based on the following calculation, rounded to the hundredths:

(lowest Solution pricing for the Model Entity) / (Solution pricing for the Model Entity) x 20 = Score for the Model Entity

Example:

Respondent 1 proposes Solution A for Service Category 1: Endpoint-Based Asset Discovery at $10 per device/endpoint.

Respondent 2 proposes Solution B for Service Category 1: Endpoint-Based Asset Discovery at $15 per device/endpoint.

Respondent 3 proposes Solution C with Tiered Pricing for Service Category 1: Endpoint- Based Asset Discovery at $20 per device/endpoint for Tier 1: 1-500 devices/endpoints, $12 per device/endpoint for Tier 2: 501-10,000 devices/endpoints, and $5 per device/endpoint for Tier 3: 10,000+ devices/endpoints.

Respondent 1, Solution A costs 10 x 250 = $2,500 for the Small Model Entity; 10 x 5,000 = $50,000 for the Medium Entity; and 10 x 17,000 = $170,000 for the Large Entity.

Respondent 2, Solution B costs 15 x 250 = $3,750 for the Small Model Entity; 15 x 5,000 = $75,000 for the Medium Entity; and 15 x 17,000 = $255,000 for the Large Entity.

Respondent 3, Solution C costs 20 x 250 = $5,000 for the Small Model Entity using Tier 1 pricing; 12 x 5,000 = $60,000 for the Medium Entity using Tier 2 pricing; and 5 x 17,000 = $85,000 for the Large Entity using Tier 3 pricing.

Respondent 1, Solution A receives 20 points for the Small Entity, 20 points for the Medium Entity, and (85,000 / 170,000) = 10 points for the Large Entity.

Respondent 2, Solution B receives (2,500 / 3,750) x 20 = 13.33 points for the Small Entity, (50,000 / 75,000) x 20 = 13.33 points for the Medium Entity, and (85,000 / 255,000) x 20 = 6.67 points for the Large Entity.

Respondent 3, Solution C receives (2,500 / 5,000) x 20 = 10 points for the Small Entity, (50,000 / 60,000) x 20 = 16.67 points for the Medium Entity, and 20 points for the Large Entity.

Renewal Term Pricing: 10 points shall be awarded per Model Entity to the Solution in each Service Category that provides the lowest cost for the Model Entity in the Renewal Term. All other Solutions in each Service Category shall receive points per Model Entity based on the following calculation, rounded to the hundredths:

(lowest Solution pricing for the Model Entity) / (Solution pricing for the Model Entity) x 10 = Score for the Model Entity

2.8.2 Technical Proposal - 560 Available Points

The Respondent shall be awarded up to 560 points for each proposed Solution for a Service Category in accordance with the evaluation criteria and methodology outlined in Attachment C, Technical Proposal Instructions and Evaluation Criteria. Only one Technical Proposal for each Solution for a Service Category from each Respondent will be evaluated for award. Add-On Services shall not be evaluated but Value-Added Services are evaluated for purposes of the Technical Proposal.

2.9 Basis of Award

The Contract(s) will be awarded for each respective Service Category to the responsive and responsible Solution(s) proposed by Respondent(s) with the highest total final score(s) that is determined to be the most advantageous to the State of Florida.

The highest total final score will be determined by combining the Price Proposal score and the average of the evaluator Technical Proposal scores.

The Department reserves the right to award multiple Contracts or to award Contract(s) for all or part of the work contemplated by this solicitation. The Department reserves the right to issue up to a total of 50 awards per Service Category for the Solution(s) proposed by responsive and responsible Respondents with the highest total final scores if such Solutions are deemed to be the most advantageous to the State of Florida.

The Department reserves the right to reject all Proposals. The Department reserves the right to award Contract(s) to for the Solution proposed by the next responsive and responsible Respondent(s) that submits the Proposal(s) with the next highest total final score(s) that is determined to be the most advantageous to the State if the Department cannot execute a Contract with a Respondent initially or previously awarded a Contract.

2.10 Electronic Posting of Notice of Intent to Award

The Department will electronically post a ‘Notice of Intent to Award’ on VIP and in the Business Network in accordance with the Timeline of Events. The ‘Notice of Intent to Award’ will remain posted for a period of 72 hours, not including Saturdays and Sundays or State holidays, as specified in section 110.117, F.S.

2.11 Contract Formation

The Department may issue a ‘Notice of Intent to Award’ to award Contract(s) to successful Respondent(s). However, no contract shall be formed between a Respondent and the Department until both parties sign the Contract. The Department shall not be liable for any work performed before the Contract is effective.

The Department intends to enter into Contract(s) with Respondent(s) pursuant to the ‘Basis for Award’ section of this solicitation. The Attachment B, Price Proposal, submitted for an awarded Solution shall form the Exhibit B, Price Sheet for that Solution. No additional documents submitted by a Respondent shall be incorporated in the Contract unless they are specifically identified, incorporated by reference, and approved by the Department. If any additional documents are submitted by the Respondent, the additional documents will not be considered for the basis for award.

2.12 Other Requirements Following Award

2.12.1 Registration with the Florida Department of State

If awarded a Contract, and prior to execution of a Contract, the Respondent shall provide a PDF file of its current and active registration with the Florida Department of State or, if exempt from registration, the Respondent shall provide a statement to that effect noting the basis for the exemption. Respondents should note that foreign entities are required to obtain a Florida Certificate of Authorization pursuant to applicable Florida Statutes from the Florida Department of State, Division of Corporations, to transact business in the State of Florida. For additional information, please visit https://dos.myflorida.com/sunbiz/.

2.12.2 Florida Substitute Form W-9

It is the responsibility of the awarded Respondent to complete a Florida Substitute Form W-9 prior to execution of a Contract. The Internal Revenue Service receives and validates the information provided on the Florida Substitute Form W-9. For instructions on how to complete the Florida Substitute Form W-9, please visit https://flvendor.myfloridacfo.com/.

3 RESPONDING TO THE RFP

3.1 General Instructions

The PUR 1001, General Instructions to Respondents (10/06), is incorporated by reference and is accessible at https://www.dms.myflorida.com/content/download/2934/11780/PUR_ 1001_General_Instructions_to_Respondents.pdf.

3.2 Special Instructions

The following special instructions modify the general instructions provided in the incorporated

PUR 1001.

Paragraphs 8 and 13 of the PUR 1001 is inapplicable in its entirety.

Paragraphs 3, 4, 5, 7, 9, 14, 15, 19, and 20 of the PUR 1001 are inapplicable and are replaced as follows:

3. Electronic Submission of Proposals. Proposals shall be submitted in accordance with the How to Access the Sourcing Event in MyFloridaMarketPlace section.

4. Terms and Conditions. All Proposals are subject to the terms of this solicitation, which, in case of conflict, will have the order of precedence listed in the ‘Order of Precedence for Solicitation’ section.

The Department will not accept any unrequested terms or conditions submitted by a Respondent, including any appearing in documents attached as part of a Respondent’s Proposal. In submitting its Proposal, a Respondent agrees that any additional terms or conditions, whether submitted intentionally or inadvertently, shall have no force or effect.

5. Questions. Questions shall be submitted in accordance with the ‘Question Submission’ section of this solicitation.

7. Convicted Vendor, Discriminatory Vendor, and Antitrust Violator Vendor Lists.

a. Convicted Vendor List.

https://dos.myflorida.com/sunbiz/ https://flvendor.myfloridacfo.com/ https://www.dms.myflorida.com/content/download/2934/11780/PUR_1001_General_Instructions_to_Respondents.pdf https://www.dms.myflorida.com/content/download/2934/11780/PUR_1001_General_Instructions_to_Respondents.pdf

Pursuant to section 287.133, F.S., a person or affiliate who has been placed on the Convicted Vendor List following a conviction for a public entity crime may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in section 287.017, F.S. for CATEGORY TWO for a period of 36 months following the date of being placed on the Convicted Vendor List.

b. Discriminatory Vendor List.

Pursuant to section 287.134, F.S., an entity or affiliate who has been placed on the Discriminatory Vendor List may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity.

c. Antitrust Violator Vendor List.

Pursuant to section 287.137, F.S., a person or an affiliate who has been placed on the Antitrust Violator Vendor List following a conviction or being held civilly liable for an antitrust violation may not submit a bid, proposal, or reply for any new contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply for a new contract with a public entity for the construction or repair of a public building or public work; may not submit a bid, proposal, or reply on new leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a new contract with a public entity; and may not transact new business with a public entity.

9. Respondent’s Representation and Authorization. In submitting a Proposal, the Respondent certifies that it understands, represents, and acknowledges the following:

a. The Respondent is not currently under suspension or debarment by the State or any other governmental authority.

b. The Respondent currently has no delinquent obligations to the State, including a claim by the State for liquidated damages under any other contract.

c. The submission is made in good faith and not pursuant to any agreement or discussion with, or inducement from, any entity or person to submit a complementary or other noncompetitive Proposal.

d. The prices and amounts have been arrived at independently and without consultation, communication, or agreement with any other Respondent or potential Respondent; neither the prices nor amounts, actual or approximate, have been disclosed to any other Respondent or potential Respondent, and they will not be disclosed before the solicitation opening.

e. The Respondent has fully informed the Department in writing of all convictions of the Respondent, its affiliates (as defined in section 287.133(1)(a), F.S.), and all directors, officers, and employees of the Respondent and its affiliates for violation of any state or federal law involving a public entity crime (as defined in section 287.133(1)(g), F.S.). This includes disclosure of the names of current employees who were convicted of public entity crimes while in the employ of another company.

f. Neither the Respondent nor any person associated with it in the capacity of owner, partner, director, officer, principal, investigator, project director, manager, auditor, or in a position involving the administration of federal funds:

o Is presently indicted or, within the preceding three years, has been convicted or found guilty of, or found civilly liable for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a federal, state, or local government transaction or public contract; violation of federal or state antitrust statutes; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; or o Has within a three-year period preceding this certification had one or more federal, state, or local government contracts terminated for cause or default.

g. The products and services offered by the Respondent conform to the specifications contained herein without exception.

h. The Respondent has read and understands the terms and conditions listed in the Draft Contract, and the submission is made in conformance with those terms and conditions.

i. If an award is made to the Respondent, the Respondent agrees that it will execute the Draft Contract.

j. The Respondent has made a diligent inquiry of its employees and agents responsible for preparing, approving, or submitting the Proposal, and has been advised by each of them that he or she has not participated in any communication, consultation, discussion, agreement, collusion, act, or other conduct inconsistent with any of the statements and representations made in the Proposal.

k. The Respondent shall indemnify, defend, and hold harmless the Department, Customer, and their employees against any cost, damage, or expense which may be incurred or be caused by any error in the Respondent’s preparation of its Proposal.

l. All information provided by, and representations made by, the Respondent are material and important and will be relied upon by the Department in awarding the Contract. Any misstatement may be treated as fraudulent concealment from the Department and Customers of the true facts relating to submission of the Proposal.

A misrepresentation may be punishable under law.

The Department reserves the right to deem the Respondent non-responsive or non-responsible based on any information provided in, or omitted from, the Respondent’s Proposal related to the certifications of this section.

14. Firm Response. The Department intends to make an award within 120 days after the date of the opening, during which period Proposals shall remain firm and shall not be withdrawn. If an award is not made within 120 days, the Proposal shall remain firm until the Department enters into a Contract or the Department receives from the Respondent written notice that the Proposal is withdrawn.

15. Clarifying Information. The Department may request, and Respondent shall provide, clarifying information or documentation. Failure to supply the information or documentation as requested may result in the Proposal being deemed non-responsive.

19. Public Records. Article 1, section 24, Florida Constitution, guarantees every person access to all public records, and section 119.011, F.S., provides a broad definition of “public record.” As such, the entirety of the Proposals are public records and are subject to disclosure unless exempt from disclosure by law. If the Respondent considers any portion of its Proposal to be Confidential Information, the Respondent is to mark the document as “confidential” and simultaneously provide the Department with a separate, redacted copy of its Proposal. For each portion redacted, the Respondent is to briefly describe in writing the grounds for claiming exemption, including the specific statutory citation for such exemption. On the cover of the redacted copy, the Respondent is to provide its name and the Department’s solicitation name and number and clearly title it, “Redacted Copy.” Only portions of material that the Respondent claims are Confidential Information are to be redacted.

In accordance with section 119.0701, F.S., Proposals are exempt from production in response to public records requests until such time as the Department provides notice of an intended decision or until 30 days after opening the Proposals, whichever is earlier.

After that time, the Department will provide the redacted copy, if any, in response to a public records request.

In the event of a request for public records pursuant to Chapter 119, F.S., the Florida Constitution, or other authority, to which documents that are marked as “confidential” are responsive, the Department will provide the redacted copy to the requestor. If a requestor asserts a right to the redacted Confidential Information, the Department will notify the Respondent such an assertion has been made. It is the Respondent’s responsibility to take the appropriate legal action to assert that the information in question is exempt from disclosure under Chapter 119, F.S., or other applicable law.

If the Department becomes subject to a demand for discovery or disclosure of documents that are marked as “confidential” in a legal proceeding, the Department will give the Respondent notice of the demand or request. It will be the Respondent’s responsibility to take the appropriate legal action in response to the demand and to defend its claims of confidentiality. If the Respondent fails to take appropriate and timely action to protect the materials it has designated as Confidential Information, the Department will provide the unredacted materials to the requester.

By submitting a Proposal, the Respondent agrees to protect, defend, and indemnify the Department for all claims arising from or relating to the Respondent’s determination that the redacted portions of its Proposal are Confidential Information. If a Respondent fails to submit a redacted copy in accordance with this section, of information it claims is Confidential Information, the Department is authorized to produce the entire material submitted to the Department in response to a public records request for, or demand for discovery or disclosure of, these records.

20. Protests. Any protest concerning this solicitation should be made in accordance with sections 120.57(3) and 287.042(2), F.S., and Rule Chapter 28-110, F.A.C. Any communication not in accordance with these sections or the solicitation, including questions to the Procurement Officer, will not constitute formal notice of a protest.

3.3 How to Access the Sourcing Event in MyFloridaMarketPlace

3.3.1 VIP and Business Network Registration Requirementst

A Vendor must be registered in the MyFloridaMarketPlace (MFMP) Vendor Information Portal (VIP) to submit its intent to participate in this solicitation from the Advertisements Dashboard in VIP. A Vendor must also be registered in the Business Network (formerly known as Ariba Network) to submit questions and respond to this solicitation event.

To Participate in this solicitation, a Vendor must:

a) Create an account through VIP at https://vendor.myfloridamarketplace.com if not already registered. For information on how to register in VIP, access MFMP training materials using the link in the MFMP Training section below.

b) Once registered in VIP and logged into your company’s VIP account, search for this solicitation from the Advertisements Dashboard and click “Intends to Participate”.

c) The Vendor’s solicitation contact as listed in Vendor’s VIP account will receive an invitation to participate in the solicitation via email. This email will give the option to register the Vendor’s company on the Business Network or to log into the Business Network using the Vendor’s credentials if the Vendor already has a Business Network account.

If a Vendor is NOT registered in the Business Network, the Vendor must:

a) Register in the Business Network using the provided link received after selecting “Intends to Participate” in VIP. The Vendor must follow the registration wizard to fill in all required sections, read, and agree to the MFMP terms of use by checking the box, and click “Register” to complete the registration process.

1) The Vendor’s contact will receive an email from the Business Network confirming the registration of the Vendor’s account. To activate the Vendor’s account, select the “Click here to activate your Ariba account” link. This will direct the Vendor to the Business Network welcome page.

If a Vendor is registered in the Business Network and has selected it Intends to Participate in this solicitation:

a) Login using the login credentials to gain access to the Business Network home page.

b) To navigate to different tools, select the “Business Network” drop down menu at the top left-hand corner of the screen. To access sourcing (solicitation) events select “Ariba Proposals & Questionnaires” and review the “Events” list.

c) Review the “Events” list for the title of this solicitation’s sourcing event.

1) The sourcing event will either be displayed in the “Preview” or “Open” status.

A sourcing event can appear in various statuses based on where the solicitation is in the procurement process. The possible statuses are defined below:

• Preview – The sourcing event has not yet been opened to receive responses, but the details of the solicitation can be viewed by registered Vendors

• Open – The sourcing event is currently open for viewing and registered Vendors may respond to the solicitation

• Pending Selection – The sourcing event is no longer receiving submissions for the solicitation, but an agency decision has not yet been posted on VIP

• Completed - The sourcing event is no longer receiving submissions for the solicitation and an agency decision has been posted on VIP

d) Click the sourcing event title to review the details of the event.

e) In the Event Details page, there is a “Checklist” of steps which must completed before a Vendor can respond to this solicitation, including accepting the Ariba Network’s Respondent’s Agreement.

For more information on reviewing and submitting a response, access MFMP training materials using the link in the MFMP Training section below.

ALL VENDORS MUST SELECT ‘INTENDS TO PARTICIPATE’ IN VIP AND SUBMIT THEIR

RESPONSE AND ALL REQUIRED DOCUMENTS IN THE BUSINESS NETWORK BY THE

TIME AND DATE LISTED IN THE TIMELINE OF EVENTS IN ORDER TO PARTICIPATE IN

THIS SOLICITATION.

NOTE: Changes made in VIP, including new registrations, may take up to 48 hours to take effect.

3.3.2 MFMP Training

MFMP University offers Vendor training materials on the Department’s MFMP Vendor Training website. Please visit:

http://www.dms.myflorida.com/business_operations/state_purchasing/myfloridamarketplace/mf mp_university/mfmp_u_for_vendors to access the MFMP Vendor Guide for information on VIP registration, commodity codes, and responding to solicitations in the Business Network.

3.3.3 MFMP Assistance

If you need assistance with using MFMP, please contact the MFMP Customer Service Desk at

(866) 352-3776 or VendorHelp@myfloridamarketplace.com. Note-specific questions regarding this solicitation must be submitted in accordance with the Question Submission section.

3.4 Modification or Withdrawal of Proposal

Respondents are responsible for the content and accuracy of their Proposals. A Respondent may modify or withdraw its Proposal in the Business Network at any time prior to the Proposal due date and time set forth in the ‘Timeline of Events’ section.

http://www.dms.myflorida.com/business_operations/state_purchasing/myfloridamarketplace/mfmp_university/mfmp_u_for_vendors http://www.dms.myflorida.com/business_operations/state_purchasing/myfloridamarketplace/mfmp_university/mfmp_u_for_vendors mailto:VendorHelp@myfloridamarketplace.com

3.5 Cost of Proposal Preparation

The costs related to the development and submission of a Proposal are the full responsibility of the Respondent and are not chargeable to the Department.

3.6 Independent Preparation

A Respondent shall not, directly, or indirectly, collude, consult, communicate, or agree with any other Respondent as to any matter related to the Proposal each is submitting. Additionally, a Respondent shall not induce any other Respondent to modify, withdraw, submit, or not submit a Proposal.

3.7 False or Erroneous Information

A Respondent who submits false or erroneous information may be deemed non-responsible, non-responsive or not awarded a Contract. If the Respondent’s Proposal is found to contain false or erroneous information after Contract award, the Contract may be terminated, and the Department may pursue any other legal action available.

RFP ATTACHMENTS

Attachment A Scope of Work Attachment B, Price Proposal Attachment C, Technical Proposal Instructions and Evaluation Criteria Attachment D, Additional Special Contract Conditions Attachment E, Special Contract Conditions Attachment F, Draft Contract Attachment G, Mandatory Responsive Requirements Attachment H, Certification of Drug Free Workplace Attachment I, Form PUR 1355, Foreign Country of Concern Attestation Form

Required Documents to be submitted by Respondent prior to RFP opening Completed Attachment B, Price Proposal Completed response to Attachment C, Technical Proposal Instructions and Evaluation Criteria Completed Attachment G, Mandatory Responsive Requirements Completed Attachment I, Form PUR 1355, Foreign Country of Concern Attestation Form

Optional Documents to be submitted by Respondent prior to RFP opening Completed Attachment H, Certification of Drug Free Workplace (if applicable)