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-2

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 ..................................................................... Error! Bookmark not defined.

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 ............................................................................................ Error! Bookmark not defined.

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 November 1, 2024

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

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

Deadline to submit Proposal and all required documents in the Business Network 10:00 AM November 21, 2024

Public meeting: Proposal opening In-person attendees:

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

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

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

(850) 922-7535 or ADA.Coordinator@dms.myflorida.com at least five

(5) business days prior to the scheduled event.

10:01 AM November 21, 2024 mailto:ADA.Coordinator@dms.myflorida.com

Timeline of Events

Event

Time (Eastern Time) Date

Anticipated period for evaluations November 27, 2024 - December 6 , 2024

Anticipated date to post Notice of Intent to Award on VIP and in the Business Network December 13, 2024

Anticipated Term Contract start date December 18, 2024

1.2 Definitions

Definitions contained in section 287.012, Florida Statutes (F.S.); Rule 60A-1.001, Florida Administrative Code (F.A.C.); and Attachment D, Enterprise Standard Terms and Conditions 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.

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.

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

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

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.

Term Contract – The legally enforceable State Term Contract, as defined in section 287.012, F.S., between the Department and the awarded Respondent(s) resulting from this solicitation.

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

Value-Added Services - Value-added services include any additional services the Contractor offers, for no additional cost to the Customer, as part of the Term Contract, and which clearly exceed the minimum requirements and are within the scope of this Term 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

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 or 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.

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

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.

1.4.8 Service Category 8: Identity and Access Management (IAM) - Awarded Contractor(s) will provide products or services responsible for providing centralized management for digital identities and control access to systems and data based on organizational policies

1.4.9 Service Category 9: Mobile Security and Threat Detection - Awarded Contractor(s) will provide products or services responsible for protecting mobile devices (smartphones, tablets, and laptops) from unauthorized access, data leakage, and malware while maintaining compliance with security policies.

1.4.10 Service Category 10:Secure Access Service Edge (SASE) - Awarded Contractor(s) will provide products or services responsible for combining networking and security services, and delivering both through a cloud-based framework that supports remote users, branch offices, and cloud applications.

1.4.11 Service Category 11: Governance, Risk, and Compliance (GRC) - Awarded Contractor(s) will provide products or services responsible for providing a structured approach to managing governance frameworks, assessing enterprise risks, and ensuring compliance with industry regulations.

1.4.12 Service Category 12: IT Service Management (ITSM) - Awarded Contractor(s) will provide products or services responsible for streamlining the delivery and management of IT services by providing a structured approach to incident management, problem resolution, change control, and service request fulfillment.

1.4.13 Service Category 13: Vulnerability Assessment and Management - Awarded Contractor(s) will provide products or services responsible for enabling organizations to continuously scan their IT assets for security vulnerabilities, to evaluate the risks associated with these vulnerabilities, and to prioritize remediation efforts.

1.4.14 Service Category 14: Cybersecurity Threat Intelligence (CTI) - Awarded Contractor(s) will provide products or services responsible for aggregating threat data from multiple sources, analyzing it to uncover emerging threats, and providing actionable intelligence to enhance security defenses.

1.4.15 Service Category 15: Data Security - Awarded Contractor(s) will provide products or services responsible for protecting sensitive information from unauthorized access, loss, or exfiltration.

1.4.16 Service Category 16: Enterprise Security Log Management, Analytics, and Response – Awarded Contractor(s) will provide products or services responsible for providing and supporting enterprise security operations, including Security Information and Event Management (SIEM), Security Orchestration, Automation, and Response (SOAR), and backend capabilities for log collection, storage, aggregation and analytics.

1.5 Scope of Work

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

1.6 Term

The term is as specified in Attachment E, Draft Term Contract.

1.7 Procurement Officer

In accordance with section 21 of the PUR 1001, incorporated by reference below, 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:

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) Attachments L 1-16, Technical Response Attachments

d) Attachment B, Price Proposal(s)

e) Attachment C, Evaluation Criteria

f) Attachment D, Enterprise Standard Terms and Conditions

g) Attachment E, Draft Term Contract

h) This RFP document

i) Other RFP attachments

1.9 Office of Supplier Development

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

The Office of Supplier Development’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 Development at 850-487-0915 or by email at OSDHelp@dms.fl.gov mailto:john.goodrich@dms.fl.gov mailto:OSDHelp@dms.fl.gov mailto:OSDHelp@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 Term Contract may be rejected as not responsible. The Department reserves the right to determine which 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 Term Contract terms and conditions, prior to the deadline to submit questions. The Department is not obligated to revise the solicitation or attachments, and the answers posted to the Questions and Answers by the date in the “Timeline of Events” section do not in themselves constitute addenda to this RFP.

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 solicitation 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 Proposals received 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 mailto:ADA.Coordinator@dms.fl.gov 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 Response(s) received from responsive and responsible Respondents for Solutions using the evaluation criteria described in Attachment C, 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 F, Mandatory Responsive Requirements.

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 Reply or 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 requirements, the Department may request information from Respondents with equal eligible Proposals. A Respondent will not be permitted to amend or supplement its Proposal in response to such request for clarification.

2.8 Scoring Methodology

Respondents will receive a score for each Solution proposed for a Service Category for which it provides a Price Proposal and a Technical Response. The total final score for a Respondent’s Solution will be determined by combining the Price Proposal score, the total experience response score, and the total Technical Response score, each evaluated and calculated in accordance with Attachment C, Evaluation Criteria.

The total final score for a Proposed Solution consists of the following:

Proposal Available Points A. Price Proposal (Attachment B) .75 B. Experience Response (Attachment M) .25 C. Technical Response (Attachments L1-L16) 9 Total Avalable Points (B + M + L) 10

2.9 Basis of Award

The Term Contract(s) will be awarded for each respective Service Category to the responsive and responsible Respondent(s) whose proposed Solution(s) obtained a total final score of 6 or more points if determined to be the most advantageous to the State of Florida.

The Department reserves the right to award multiple Term Contracts or to award Term Contract(s) for all or part of the work contemplated by this solicitation.

The Department reserves the right to reject all Proposals.

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 Term Contract(s) to successful Respondent(s). However, no contract shall be formed between a Respondent and the Department until both parties sign the Term Contract. The Department shall not be liable for any work performed before the Contract is effective.

The Department intends to enter into Term Contract(s) with Respondent(s) pursuant to the ‘Basis for Award’ section of this solicitation. The 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 Term 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 Term Contract, and prior to execution of a Term 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 Term 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/.

2.12.3 PUR 7801 Vendor Certification Form

It is the responsibility of the awarded Respondent to provide a completed Attachment H, PUR 7801 Vendor Certification Form, prior to Term Contract execution and annually thereafter throughout the Term Contract term. A completed Attachment H, PUR 7801 Vendor Certification Form includes any required forms referenced therein.

https://dos.myflorida.com/sunbiz/ 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, Antitrust Violator, and Forced Labor Vendor Lists.

a. Convicted Vendor List.

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, 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 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.

d. Forced Labor Vendor List Pursuant to section 287.1346, F.S., a company placed on the Forced Labor Vendor List may not submit a bid, proposal, or reply on a contract to provide commodities to an agency; be awarded a contract or perform work as a contractor, supplier, subcontractor, or consultant with an agency for the provision of commodities; or transact business for the provision of commodities with an agency. Additionally, an agency may not accept a bid, proposal, or reply from; award a contract to; or transact business pertaining to the provision of commodities with a company on the forced labor vendor list, or an entity under the control of such company, for a period of 365 days after the date the company was placed on the list unless the company is removed from the list pursuant to section 287.1346(5)(d), F.S.

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 Term 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 Term 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 Term 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 119.071(1)(b), F.S., Replies 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 Reply, whichever is earlier. After that time, the Department will provide the redacted copy, if any, in response to a public records request. If the Respondent fails to mark a record it claims contains Confidential Information as “confidential,” or fails to submit a redacted copy in accordance with this section of a record it claims contains Confidential Information, the Department shall have no liability for release of such record. The foregoing will apply to every instance in which the Respondent fails to both mark a record “confidential” and redact it in accordance with this section, regardless of whether the Respondent may have properly marked and redacted the same or similar Confidential Information in another instance or record submitted to the Department.

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 the Respondent has marked a record as “confidential” but failed to provide a redacted copy to the Department, the Department may notify the Respondent of the request and the Respondent may have up to ten (10) Business Days from the date of the notice to provide a Respondent-redacted copy, or else the Department may release the unredacted record to the requestor without liability. If a requestor asserts a right to the redacted Confidential Information, the Department will notify the Respondent such an assertion has been made.

The notice will provide that if the Respondent seeks to protect the Respondent-redacted Confidential Information from release it must, within thirty (30) days after the date of the notice and at its own expense, file a cause of action seeking a declaratory judgment that the information in question is exempt from section 119.07(1), F.S., or other applicable law and an order prohibiting the Department from publicly disclosing the information. The Respondent shall provide written notice to the Department of any cause of action filed. If the Respondent fails to file a cause of action within thirty (30) days the Department may release the unredacted copy of the record to the requestor without liability.

If the Department becomes subject to a demand for discovery or disclosure of documents that are marked as “confidential” in a legal proceeding, (whether by oral questions, interrogatories, requests for information or documents, subpoena, or similar process), unless otherwise prohibited by law, the Department will give the Respondent notice of the demand or request prior to disclosing any Confidential Information to allow the Respondent to seek a protective order or other appropriate relief at the Respondent’s sole discretion and expense. If the Respondent fails to take appropriate and timely action to protect the materials it has designated as Confidential Information or fails to provide a redacted copy that may be disclosed, 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, costs, fines, settlement fees, and attorneys’ fees, at both the trial and appellate levels, arising from or relating to the Respondent’s determination its records contain Confidential Information.

In the event of a third-party claim brought against the Department for failure to release the Respondent’s redacted Confidential Information, the Respondent shall assume, at its sole expense, the defense or settlement of such claim, including attorney’s fees and costs at both the trial and appellate levels. If the Respondent fails to continuously undertake the defense or settlement of such claim or if the Respondent and the Department mutually agree that the Department is best suited to undertake the defense or settlement, the Department will have the right, but not the obligation, to undertake the defense or settlement of such claim, at its discretion. The Respondent shall be bound by any defense or settlement the Department may make as to such claim, and the Respondent agrees to reimburse the Department for the expense, including reasonable attorney’s fees and costs at both the trial and appellate levels associated with any defense or settlement that the Department may undertake to defend Respondent’s Confidential Information. The Department will also be entitled to join the Respondent in any third-party claim for the purpose of enforcing any right of indemnity under this section.

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 Requirements

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. Vendors are encouraged to make sure the contact information is up to date to ensure proper communication.

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 listed in the 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.

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 Term Contract. If the Respondent’s Proposal is found to contain false or erroneous information after Term Contract award, the Term Contract may be terminated, and the Department may pursue any other legal action available.

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

RFP ATTACHMENTS

Attachment A, Scope of Work Attachment B, Price Proposal Attachment C, Evaluation Criteria Attachment D, Enterprise Standard Terms and Conditions Attachment E, Draft Term Contract Attachment F, Mandatory Responsive Requirements Attachment G, Certification of Drug Free Workplace Attachment H, PUR 7801 Vendor Certification Form Attachment I, PUR 2023, Provision of Commodities Produced by Forced Labor Attachment J, PUR 2024 Forced Labor Form Attachment K, PUR 1355, Foreign Country of Concern Attestation Form Attachment L1-L16, Technical Response Attachments Attachment M, Experience

Required Documents to be submitted by Respondent prior to RFP opening Completed response to Attachment B, Price Proposal Completed Attachment F, Mandatory Responsive Requirements Completed Attachment I, PUR 2023 Provision of Commodities Produced by Forced Labor Completed Attachment J, PUR 1355, Foreign Country of Concern Attestation Form Completed Attachment(s) L1-L16, Technical Response

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