DOH21-034_FINAL.pdf

Version 3/2022

TITLE PAGE

FLORIDA DEPARTMENT OF HEALTH

DOH21-034

INVITATION TO BID (ITB)

FOR

Cannabis Testing Laboratory Information System (LIMS)

Respondent Name:

Respondent Mailing Address:

City, State, Zip:

Phone: Fax Number:

E-Mail Address:

Federal Employer Identification Number (FEID):

BY AFFIXING MY SIGNATURE ON THIS BID TITLE PAGE, I HEREBY STATE THAT I HAVE

READ THE ENTIRE ITB TERMS, CONDITIONS, PROVISIONS, AND SPECIFICATIONS AND

ALL ITS ATTACHMENTS, INCLUDING THE REFERENCED PUR 1000 AND PUR 1001.

I hereby certify that my company, its employees, and its principals agree to abide to all of the terms, conditions, provisions and specifications during the competitive solicitation and any resulting Contract including those contained in the Department’s Order Terms and Conditions.

Signature of Authorized Representative:

Printed (Typed) Name and Title:

*An authorized representative is an officer of the Respondent’s organization who has legal authority to bind the organization to the provisions of this Bid. Documentation establishing delegated authority must be included with the Bid if signed by someone other than the authorized representative.

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TABLE OF CONTENTS

SECTION 1.0: Introductory Materials

SECTION 2.0: Procurement Process, Schedule, & Constraints

SECTION 3.0: Instructions for Bid Submittal

SECTION 4.0: Special Conditions

ATTACHMENT A: Scope of Work

ATTACHMENT B: Price Page

ATTACHMENT C: Prior Experience Form

ATTACHMENT D: Statement of Non-Collusion Form

ATTACHMENT E: Respondent Certification Regarding Scrutinized Companies List...…

ATTACHMENT F: Identical Tie Certification Form………………………………………..….

ATTACHMENT G: Application, Data Security, and Confidentiality………………………….

ATTACHMENT H: Background and Drug Screening Attestation……………………………

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SECTION 1.0 INTRODUCTORY MATERIALS

1.1 Statement of Purpose

The purpose of this Invitation to Bid (ITB) is for the State of Florida, Department of Health (Department) to obtain competitive prices for a cannabis-specific Laboratory Information System (LIMS) to support medical marijuana testing, including user licenses and for Provider to perform software configuration and support, instrumentation integration with the LIMS, and training services.

1.2. Legal Authority

Chapter 287 and section 381.0202, Florida Statutes.

1.3 Scope of Services

A detailed scope of work for this solicitation is provided as Scope of Work (Attachment A), in this ITB.

1.4 Incorporation by Reference

The PUR 1001, General Instructions to Respondents (PUR 1001), and PUR 1000, General Contract Requirements (PUR 1000), are hereby incorporated by reference to the terms of this solicitation. Refer to Sections 3.1 and 4.1 of this ITB for further detail.

Pursuant to Rule 60A-1.002, Florida Administrative Code, the terms of this solicitation, which includes the Department’s Order Terms and Conditions, control in the event of a conflict between either the PUR1000 or the PUR1001, unless such conflicting term is required by Florida law.

1.5 Definitions

In addition to the definitions in the PUR 1000 and PUR 1001, and the Scope of Work (Attachment A), the following definitions also apply to this ITB:

Bid: The complete written response of Provider to this ITB, including properly completed forms, supporting documents, and attachments.

Business Days: Monday through Friday, excluding state holidays.

Business Hours: 8:00 a.m. to 5:00 p.m., Eastern Time on all business days.

Calendar Days: All days, including weekends and holidays.

Certified Minority Business Enterprise: A business certified by any local governmental jurisdiction or organization accepted by the Department of Management Services, Office of Supplier Diversity (DMS), as a certified minority business enterprise for purposes of doing business with state government when DMS determines that the state’s minority business enterprise certification criteria are applied in the local certification process in accordance with section 287.0943, Florida Statutes.

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Contract: The formal agreement or Order that will be awarded to the successful Provider under this ITB, unless indicated otherwise.

Department: The Department of Health; may be used interchangeably with DOH.

Minor Irregularity: As used in the context of this solicitation, indicates a variation from the ITB terms and conditions which does not affect the price of the Bid, or give the Respondent an advantage or benefit not enjoyed by other Respondents, or does not adversely impact the interests of the Department.

Order: As used in the context of this solicitation, refers to a Purchase Order.

Power User: The user who will have user management capabilities in the LIMS.

Provider: The successful Respondent awarded a contract by the Department in accordance with the terms of this ITB.

Respondent: The business entity that submits a Bid.

State: State of Florida.

State Holidays: New Year’s Day, Martin Luther King, Jr. Day, Memorial Day, Independence Day, Labor Day, Veteran’s Day, Thanksgiving Day, Friday After Thanksgiving, Christmas Day.

Vendor Information Portal (VIP): Refers to the State of Florida’s internet-based vendor information system, which is available at:

https://vendor.myfloridamarketplace.com.

Where there is a conflict between a definition in this solicitation, Section 1.5, above, and the definition in Scope of Work (Attachment A), the definition in this solicitation will prevail when the term is used in this solicitation. The definition in the Scope of Work (Attachment A), will prevail when the term is used in the Scope of Work (Attachment A).

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SECTION 2.0 PROCUREMENT PROCESS, SCHEDULE, & CONSTRAINTS

2.1 Procurement Officer

The Procurement Officer assigned to this solicitation is:

Florida Department of Health Attention: Niki Branch 4052 Bald Cypress Way, Bin B07 Tallahassee, FL 32399-1749 Email: niki.branch@flhealth.gov

******ALL EMAILS TO THE PROCUREMENT OFFICER MUST CONTAIN THE

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

2.2 Restrictions on Communications

Pursuant to section 287.057(25), Florida Statutes, Respondents to this solicitation or persons acting on their behalf may not contact, between the release of the solicitation and the end of the 72-hour period following the agency posting the notice of intended award, excluding Saturdays, Sundays, and state holidays, any employee or officer of the executive or legislative branch concerning any aspect of this solicitation, except in writing to the Procurement Officer listed in Section 2.1., above. Violation of this provision may be grounds for rejecting a Bid.

2.3 Term

It is anticipated that the Contract resulting from this ITB will be for one year from October 1, 2022, or the Contract execution date, whichever is later, subject to renewal as identified in Section 2.4. The Contract resulting from this ITB is contingent upon availability of funds.

2.4 Renewal

The Contract resulting from this solicitation may be renewed. Renewals may be made for no more than three years beyond the initial Contract, or for the term of the original Contract, whichever is longer. Renewals must be in writing, subject to the same terms and conditions set forth in the initial Contract and any written amendments signed by the parties. Renewals are contingent upon satisfactory fiscal and programmatic performance evaluations as determined by the Department and are subject to the availability of funds.

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2.5 Timeline

EVENT DUE DATE LOCATION

ITB Advertised / Released 8/26/22 Posted to the Vendor Information Portal https://vendor.myfloridamarketplace.com

Questions Submitted in

Writing

Must be received

PRIOR TO:

9/1/22

5:00 p.m., Eastern

Submit to: Florida Department of Health Central Purchasing Office

Attention: Niki Branch Suite 310 4052 Bald Cypress Way, Bin B07 Tallahassee, FL 32399-1749 E-mail: niki.branch@flhealth.gov

Answers to Questions

(Anticipated Date) 9/8/22 Posted to Vendor Information Portal at:

https://vendor.myfloridamarketplace.com

Sealed Bids Due and Opened

Must be received

PRIOR to:

9/20/22

2:00 p.m., Eastern

Submit to: Florida Department of Health Central Purchasing Office

Attention: Niki Branch Suite 310 4052 Bald Cypress Way, Bin B07 Tallahassee, FL 32399-1749

Anticipated Posting of Intent to Award 9/27/22 Posted to the Vendor Information Portal at:

https://vendor.myfloridamarketplace.com https://vendor.myfloridamarketplace.com/ mailto:niki.branch@flhealth.gov

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2.6 Addenda

If the Department finds it necessary to supplement, modify, or interpret any portion of the solicitation during the procurement process, a written addendum will be posted on the VIP.

It is the responsibility of the Respondent to be aware of any addenda that might affect this ITB or their Bid.

2.7 Questions

This provision takes precedence over General Instruction #5 in PUR1001.

Questions related to this solicitation must be received in writing (either via United States Postal Service, courier, e-mail, or hand-delivery) by the Procurement Officer identified in Section 2.1, within the time indicated in Section 2.5. Verbal questions or those submitted after the period specified in Section 2.5 will not be addressed.

Answers to questions submitted in accordance with Section 2.5 will be posted on the

VIP.

2.8 Basis of Award

A single award will be made to the responsive, responsible Respondent offering the lowest grand total for the commodities and/or services requested in this ITB including delivery, FOB destination. The Department reserves the right to not make an award under this ITB, as determined to be in the best interest of the State.

2.9 Identical Outcomes

In the event the Department’s evaluation results in identical scoring outcomes between two or more Respondents, the Department will provide the Identical Tie Certification, Attachment F, form for the affected Respondents to complete. If one or more Respondents are entitled to the certified veteran business enterprise preference specified in section 295.187, Florida Statutes, and one or more business entitled to this preference or another preference provided by law submit bids, proposals, or replies for procurement of commodities or contractual services which are equal with respect to all relevant considerations, including price, quality, and service, the Department will award the procurement or contract to the business having the smallest net worth. If one or more Respondents has the certified veteran preference, it and any other vendor entitled to another preference provided by law will be requested by the Department to submit Respondents net worth.

In the event the Department is unable to select a Respondent using the Tie Breaker Criteria specified in Attachment F, and the net worth criteria above, or if the net worth criteria above does not apply, then, the affected Respondent(s) name will be placed in a container for the Department’s Procurement Officer to randomly select the awardee of this solicitation. The date, time, and location will be posted on VIP.

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2.10 Modifications and Withdrawal

A Respondent may modify or withdraw its Bid at any time prior to the submittal deadline, as specified in Section 2.5, by submitting a request to the Procurement Officer. Requests for modification or withdrawal of a submitted Bid must be in writing and signed by an authorized signatory of the Respondent. Upon receipt and acceptance of such a request, the entire Bid will be returned to the Respondent and will not be considered unless resubmitted by the Bid due date and time.

2.11 Clarification Process

The Department may request clarification from the Respondent to resolve ambiguities or to question minor irregularities presented in its Bid. Clarifications may be requested throughout this procurement process. The Respondent’s answers to requested clarifications must be in writing and address only the information requested. The Respondent’s answers to requested clarifications must be submitted to the Department within the time specified by the Department.

2.12 Contract Formation

The Department will enter into a Contract with the Provider pursuant to Section 2.8, Basis of Award. The Contract will incorporate the terms of the Scope of Work (Attachment A), the Department’s Order Terms and Conditions, and the awarded Provider’s Price Page (Attachment B).

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SECTION 3.0 INSTRUCTIONS FOR BID SUBMITTAL

3.1 General Instructions to Respondents (PUR 1001)

The General Instructions to Respondents (PUR 1001) is incorporated by reference in this solicitation. This document should not be returned with the Bid. The PUR 1001 is located at http://dms.myflorida.com/content/download/2934/11780.

The terms of this solicitation control over any conflicting terms of the PUR1001.

3.2 Instructions for Submittal

3.2.1. Respondents must complete, sign, and return the “Title Page” with their Bid submittal.

3.2.2 Respondents must complete and return the Price Page (Attachment B) with their Bid submittal.

3.2.3 Respondents must submit all technical and pricing data in the formats specified in the ITB.

3.2.4. Respondents must submit one original paper copy of their Bid and one original copy on a single USB storage device, or CD viewable in Adobe Acrobat Reader (PDF). The electronic copy submitted must contain the entire Bid as the submitted original copy, including all supporting and signed documents. Refer to Section

3.4 for information on redacting confidential information, if applicable.

3.2.5. Bids must be sent by United States Postal Service, courier, or hand delivered to the location indicated in Section 2.5., Timeline.

3.2.6 Bids submitted via electronic mail (email) or facsimile will not be considered.

3.2.7. Bids must be submitted in a sealed envelope or sealed package with the solicitation number, date, and time of the Bid opening clearly marked on the outside.

3.2.8. The Department is not responsible for improperly marked Bids.

3.2.9 It is the Respondent’s responsibility to ensure its Bid is submitted at the proper place and time indicated in Section 2.5., Timeline.

3.2.10 Bids must be received by the date and time specified in Section 2.5., Timeline.

3.2.11. The Department’s clocks will provide the official time for Bid receipt.

3.2.12. Materials submitted will become the property of the State and accordingly, the State reserves the right to use any concepts or ideas contained in the Bid.

3.3 Cost of Preparation

Neither the Department nor the State is liable for any costs incurred by a Respondent in responding to this solicitation.

http://dms.myflorida.com/content/download/2934/11780

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3.4 Public Records and Trade Secrets

Notwithstanding any provisions to the contrary, public records must be made available pursuant to the provisions of the Public Records Act. If Respondent considers any portion of their Bid to this solicitation to be confidential, exempt, trade secret, or otherwise not subject to disclosure pursuant to Chapter 119, Florida Statutes, the Florida Constitution, or any other authority, Respondent must segregate and clearly mark the document(s) as

“CONFIDENTIAL”.

Simultaneously, Respondent will provide the Department with a separate redacted paper and electronic copy of their Bid and briefly describe in writing the grounds for claiming exemption from the public records law, including the specific statutory citation for such exemption. This redacted copy must contain the solicitation name, number, and the name of Respondent on the cover, and must be clearly titled “REDACTED COPY”.

The redacted copy must be provided to the Department at the same time Respondent submits its Bid and must only exclude or obliterate those exact portions which are claimed confidential, proprietary, or trade secret. Respondent will be responsible for defending its determination that the redacted portions of their Bid are confidential, trade secret, or otherwise not subject to disclosure. Further, Respondent must protect, defend, and indemnify the Department for all claims arising from or relating to the determination that the redacted portions of their Bid are confidential, proprietary, trade secret, or otherwise not subject to disclosure. If Respondent fails to submit a redacted copy with their Bid, the Department is authorized to produce the entire documents, data, or records submitted by Respondent in answer to a public records request for these records.

3.5 Price Page

Respondent must fill out the Price Page (Attachment B), as indicated, and return it with their Bid.

3.6 Prior Experience Form

Respondents must provide contact information for three entities the Respondent has provided services of a similar size and nature of those requested in this solicitation.

Respondents must use Attachment C, Prior Experience Form of this ITB to provide the required information. The Department reserves the right to contact any and all entities in the course of this solicitation in order to verify experience.

3.7 Licenses/Certifications

Respondent’s data center network must be Service Organization Control (SOC) 2 certified, or an industry recognized higher-level certification (e.g., IS0 9001:2015).

Respondent’s LIMS products must comply with ISO 17025 certification requirements.

Respondent must provide copies of certifications to the Department upon request.

3.8 Subcontractor List

The Department will not authorize the use of subcontractors in the Contract resulting from this solicitation.

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3.9 Special Accommodations

Persons with disability requiring special accommodations should call the Department’s Purchasing office at least five business days, prior to any pre-Bid conference, Bid opening, or meeting at (850) 245-4199. If hearing or speech impaired, please contact the Department’s Purchasing office through the Florida Relay Service, at 1-800-955-8771

(TTY).

3.10 Background and Drug Screening Requirements

Prior to Contract execution, and in accordance with the terms of this solicitation, a Level 2 Background Screening or Drug Screening may be required for all Provider staff, including employees and subcontracted providers, collectively referred to as Provider staff, that will perform duties under the Contract that involves contact with a vulnerable person or working in Department designated sensitive positions.

3.11 Responsive and Responsible (Mandatory Requirements)

Respondents must complete and submit the following mandatory information or documentation as part of their Bid by the time specified in Section 2.5. Any Bid which does not contain the information below will be deemed non-responsive to this ITB.

3.11.1. Title Page must be completed, signed, and submitted with the Bid.

3.11.2. Price Page (Attachment B), as specified in Section 3.5.

3.11.3. Prior Experience Form (Attachment C), as specified in Section 3.6.

3.11.4. Bids must provide written verification of the certifications specified in Section 3.7.

3.11.5. Statement of Non-Collusion (Attachment D) as specified in Section 4.3.

3.11.6. Respondent Certification Regarding Scrutinized Companies Lists

(Attachment E) as specified in Section 4.2.

3.11.7. Background Screening Attestation (Attachment H) as specified in Section

3.10.

3.11.8 Bids must document the Respondent’s ability to meet the requirements specified in Attachment A, Scope of Work.

3.11.9 Bids must provide written verification that the LIMS system and data are housed in the United States of America as specified in Attachment A, Scope of Work.

3.12 Late Bids

The Procurement Officer must receive Bids pursuant to this ITB no later than the date and time specified in Section 2.5. Bids that are not received by the date and time specified will not be considered.

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SECTION 4.0 SPECIAL CONDITIONS

4.1 PUR 1000, General Contract Conditions

The PUR 1000 is incorporated by reference in this ITB and contains general Contract terms and conditions that will apply to any Contract resulting from this ITB, to the extent they are not otherwise modified. This document should not be returned with the Bid. The PUR 1000 is located at http://dms.myflorida.com/content/download/2933/11777.

The terms of this solicitation control over any conflicting terms of the PUR 1000.

Paragraph 31 of PUR 1000 does NOT apply to this ITB or any resulting contract.

4.2 Scrutinized Companies

All Respondents seeking to do business with the Department must be in compliance with section 287.135, Florida Statutes. The Department may, at its option, terminate a Contract if Respondent is found to have submitted a false certification as provided under section 287.135(5), Florida Statutes, been placed on the Scrutinized Companies with Activities in Sudan List, the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, the Scrutinized Companies that Boycott Israel List, or is engaged in a boycott of Israel, or have been engaged in business operations in Cuba or Syria.

Refer to Respondent Certification Regarding Scrutinized Companies Lists Form, Attachment E.

4.3 Conflict of Interest and Statement of Non-Collusion

Section 287.057(19)(c), Florida Statutes, provides “A person who receives a contract that has not been procured pursuant to subsections (1)-(3) to perform a feasibility study of the potential implementation of a subsequent contract, who participates in the drafting of a solicitation or who develops a program for future implementation, is not eligible to contract with the agency for any other contracts dealing with that specific subject matter, and any firm in which such person has any interest is not eligible to receive such contract. However, this prohibition does not prevent a vendor who responds to a request for information from being eligible to contract with an agency.”

The Department considers participation through decision, approval, disapproval, recommendation, preparation of any part of a purchase request, influencing the content of any specification or procurement standard, rendering of advice, investigation, or auditing or any other advisory capacity to constitute participation in drafting of the solicitation.

Refer to Statement of Non-Collusion Form, Attachment D.

4.4 Certificate of Authority

All limited liability companies, corporations, corporations not for profit, and partnerships seeking to do business with the State must be registered with the Florida Department of State in accordance with the provisions of Chapters 605, 607, 617, and 620, Florida Statutes, respectively, prior to Contract execution. The Department retains the right to ask for verification of compliance before Contract execution. Failure of the Provider to http://dms.myflorida.com/content/download/2933/11777

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4.5 Provider Registration

Each Provider doing business with the State for the sale of commodities or contractual services as defined in section 287.012, Florida Statutes, must register in the MyFloridaMarketPlace system, unless exempted under Rule 60A-1.033, Florida Administrative Code. State agencies must not enter into an agreement for the sale of commodities or contractual services as defined in section 287.012, Florida Statutes, with any Respondent not registered in the MyFloridaMarketPlace system. The Provider must be registered in the MyFloridaMarketPlace system within five days after posting of the Intent to Award.

Registration may be completed at: https://vendor.myfloridamarketplace.com

A Provider lacking internet access may request assistance from MyFloridaMarketPlace Customer Service at 866-352-3776 or from State Purchasing, 4050 Esplanade Drive, Suite 300, Tallahassee, FL 32399.

4.6 Minority, Women, and Florida Veteran Business Participation

The Department encourages certified minority, women, and Florida veteran business participation in all its solicitations.

4.7 Indemnification

Provider must save and hold harmless and indemnify the Department against any and all liability, claims, judgments, or costs of whatsoever kind or nature for injury to, or death of any person or persons and for loss or damage to any property resulting from the use, service operation, or performance of work under the terms of the Contract, resulting in whole or in part from the negligent acts or omissions by Respondent, their subcontractor, or any of the employees, agents, or representatives of Respondent or subcontractor.

4.8 Performance Measures

Pursuant to section 287.058, Florida Statutes, the resulting Contract must contain performance measures which specify the required minimum level of acceptable service to be performed. The performance measures are detailed in the Scope of Work (Attachment A).

4.9 Financial Consequences

Pursuant to section 287.058, Florida Statutes, the resulting Contract must contain financial consequences that will apply if successful Respondent fails to perform in accordance with the Contract terms. The financial consequences are detailed in the Scope of Work (Attachment A).

https://vendor.myfloridamarketplace.com/

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4.10 Order Terms and Conditions

Respondent must become familiar with the Department’s Order Terms and Conditions which contains administrative, financial, and non-programmatic terms and conditions mandated by federal laws, state statutes, administrative code rules, and directive of the Department of Financial Service’s Chief Financial Officer.

Use of the Department’s Order Terms and Conditions are mandatory for Department Orders issued in MyFloridaMarketplace as they contain the basic clauses required by law. The terms and conditions contained in the Department’s Terms and Conditions are non-negotiable. The Department’s Terms and Conditions are located at:

http://www.floridahealth.gov/about/administrative-functions/purchasing/DOHTermsandConditions1272021.pdf

4.11 Conflict of Law and Controlling Provisions

Any Contract resulting from this ITB, and any conflict of law issue, will be governed by the laws of Florida. Venue must be in Leon County, Florida, to the exclusion of all other jurisdictions.

Respondents acknowledge that this solicitation (including but not limited to the resulting Contract, exhibits, attachments, or amendments) is not a rule nor subject to rulemaking under Chapter 120 (or its successor) of the Florida Statutes and is not subject to challenge as a rule or non-rule policy under any provision of Chapter 120, Florida Statutes.

4.12 Agency Inspectors General

It is the duty of every state officer, employee, agency, special district, board, commission, contractor, and subcontractor to cooperate with the inspector general in any investigation, audit, inspection, review, or hearing pursuant to section 20.055, Florida Statutes.

4.13 Records and Documentation

To the extent that information is used in the performance of the resulting Contract or generated as a result of it, and to the extent that information meets the definition of “public record” as defined in section 119.011(12), Florida Statutes, said information is hereby declared to be and is hereby recognized by the parties to be a public record and absent a provision of law or administrative rule or regulation requiring otherwise, Respondent must make the public records available for inspection or copying upon request of the Department’s custodian of public records in accordance with Chapter 119, Florida Statutes. Respondent’s refusal to comply with Chapter 119, Florida Statutes, will constitute an immediate breach of the Contract resulting from this ITB and entitles the Department to unilaterally terminate the Contract.

Unless a greater retention period is required by state or federal law, all documents pertaining to the program contemplated by this ITB must be retained by Respondent for a period of six years after the termination of the resulting Contract or longer as may be required by any renewal or extension of the Contract. During the records retention period, Respondent agrees to furnish, when requested to do so, all documents required to be retained. Submission of such documents must be in the Department’s standard word http://www.floridahealth.gov/about/administrative-functions/purchasing/DOHTermsandConditions1272021.pdf http://www.floridahealth.gov/about/administrative-functions/purchasing/DOHTermsandConditions1272021.pdf

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Respondent must maintain all records required to be maintained pursuant to the resulting Contract in such manner as to be accessible by the Department upon demand. Where permitted under applicable law, access by the public must be permitted without delay.

4.14 Attorney’s Fees

In the event of a dispute prior to or post award, each party responding to this solicitation is responsible for its own attorneys’ fees, except as otherwise provided by law.

4.15 Protests

Failure to file a protest within the time prescribed in section 120.57(3), Florida Statutes, or failure to post a bond or other security required by law within the time allowed for filing a bond will constitute a waiver of proceedings under Chapter 120, Florida Statutes.

Only documents delivered by the United States Postal Service, a private delivery service, in person, or by facsimile during business hours will be accepted. Documents received after business hours will be filed the following business day.

No filings may be made by email or any other electronic means. All filings must be made with the Agency Clerk ONLY and are only considered "filed" when stamped by the official stamp of the Agency Clerk. It is the responsibility of the filing party to meet all filing deadlines.

Do not send Bids to the Agency Clerk’s Office. Send all Bids to the Procurement Officer and address listed in Section 2.5, Timeline.

The Agency Clerk’s mailing address:

Agency Clerk, Florida Department of Health 4052 Bald Cypress Way, BIN A-02 Tallahassee, Florida 32399-1703 Telephone No. (850) 245-4005

The Agency Clerk’s physical address for hand deliveries:

Agency Clerk, Florida Department of Health 2585 Merchants Row Blvd.

Tallahassee, Florida 32399 Fax No. (850) 413-8743

ATTACHMENT A

SCOPE OF WORK

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1. PURPOSE:

This scope of work is for a cannabis-specific Laboratory Information System (LIMS) to support medical marijuana testing, including user licenses and for Provider to perform software configuration and support, instrumentation integration, and training services. For purposes of this Scope of Work, all references to “Contractor” are referring to the “Provider”.

2. TERM:

This scope of work will begin on 10/1/2022 or the date on with the purchase order is issued, whichever is later. The Contract resulting from this ITB is contingent upon availability of funds.

The State of Florida’s performance and obligation to pay under this purchase order and any subsequent renewal is contingent upon annual appropriation by the Legislature and satisfactory performance of the Contractor.

3. LOCATION OF WORK:

The worksite for this scope of work is the following location(s):

Department’s Jacksonville Lab 1217 Pearl Street Jacksonville, FL 32202

4. CONTRACTOR QUALIFICATIONS AND EXPERIENCE:

Contractor staff assigned to this agreement must possess the following minimum qualifications and experience:

4.1.Have at a minimum, 5 years of experience developing, implementing, and administering

LIMS solutions;

4.2.Have five years of experience hosting a LIMS in a cloud environment;

4.3. The LIMS products must be in compliance with ISO 17025 certification requirements;

4.4.The Contractor’s employee(s) that will work on the Department’s LIMS must have at a minimum, five years of software development experience and two years SaaS experience.

5. CONTRACTOR RESPONSIBILITIES:

5.1.SERVICE TASKS: Contractor will perform the following tasks in the time and manner specified:

5.1.1. LIMS Capabilities and Services.

5.1.1.1. Provide a cannabis testing LIMS including but not limited to, the following functions no later than 180 days from issuance of the purchase order as follows:

5.1.1.1.0. Establishes configuration of a Power User at the Department who will have user management capabilities in the LIMS. This role will have the responsibility of adding and removing other Department LIMS users and assigning LIMS user privileges.

5.1.1.1.1. Has a web portal that can be used for sample login data capture by mobile devices (e.g., tablet).

5.1.1.1.2. Provides users the ability to log a sample’s attributes into the LIMS web portal at the time of sample collection, including freeform comments, and submit the testing request into the

LIMS.

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5.1.1.1.3. Includes functionality to log images of the sample and the ability to import accompanying files via the LIMS’s web portal during sample login.

5.1.1.1.4. Provides users the ability to indicate the types of testing to be performed on the sample through the LIMS’s web portal at the time of sample login.

5.1.1.1.5. Provides functionality for accessioning activities by creating a unique 2D barcode for each logged sample and provides the ability to print the barcode on a label printer so it can be affixed to the container holding the sample. When the sample is delivered to the lab and the barcode label is scanned, the sample’s associated testing request can be retrieved and worked.

5.1.1.1.6. Initiates the sample’s chain of custody at the time of sample login.

5.1.1.1.7. Provides sample auditing that includes capturing the status and location of the sample as they change and has the capability to create a chain of custody audit report for the requesting user which can be viewed online or via print.

5.1.1.1.8. Provides auditing of the testing request for each submitted sample throughout its lifecycle that documents what has been performed and what steps remain to be done to satisfy the testing request.

5.1.1.1.9. Provides logging functionality of sample receipt data including, but not limited to, receipt date and time, sample weight, volume, quantity, and logging of images at the time of sample receipt.

5.1.1.1.10. Provides full-cycle sample tracking from time of collection until time of disposal so a full accounting of the sample’s attributes, e.g., weight, volume, etc. can be accounted for in an audit.

5.1.1.1.11. Provides the ability to batch samples, lots, and tests so they can be grouped together.

5.1.1.1.12. Provides tracking of all samples from collection until disposal.

5.1.1.1.13. Audits all processes performed on a sample and all activities until disposal, including any manual updates to the result.

5.1.1.1.14. Provides the ability to configure or alter configurations of test parameters and audit all configuration activities.

5.1.1.1.15. Provides the ability to produce result reports and make the results available via various means, e.g., via email, via the web portal, and print

5.1.1.1.16. Creates a Certificate of Analysis (COA) with an electronic signature on the test results.

5.1.1.1.17. Provides the ability to generate custom result reports.

Customizations must include the ability to add the State of Florida logo and an electronic signature, and the ability to generate ad hoc reports.

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5.1.1.1.18. Provides Inventory Management functionality, such as the ability to track reagent quantities and alert when quantities are determined to be low.

5.1.1.1.19. Provides Document Management functionality to store Standard Operating Procedures, equipment logs, and other documents.

5.1.1.1.20. Provides Training Management tools to track quality assurance measures and upcoming renewal dates and provide alert notifications for impending competency expirations.

5.1.1.1.21. Provides the ability to create user dashboards for viewing key metrics the users will need to track using data available in the LIMS or data that can be extrapolated from the LIMS (e.g., turnaround times, number of samples processed).

5.1.1.1.22. Provides inquiry tools that will allow the creation of graphs and charts to support in-depth analysis.

5.1.1.1.23. Provides a SaaS solution that can also be implemented as a client-hosted solution that would be capable of receiving the same updates to functionality provided in the SaaS product.

5.1.1.2. Provide and maintain the following LIMS services throughout the term of the purchase order as follows:

5.1.1.2.0. Provide and maintain the cloud computing environment and database needed to support the cannabis LIMS.

5.1.1.2.1. Provide application configuration and administration of the cannabis-specific LIMS.

5.1.1.2.2. Provide written verification that the LIMS system and data are housed in the United States of America. Notify the Department in writing of any intent to change the system location or data location to outside the United States of America at least 365 days prior to any change.

5.1.1.2.3. Provide 24/7 monitoring of the LIMS application, database, and system for issues impacting system performance and user experience.

5.1.1.2.4. Provide application and data security to reduce exposures to entities other than those intended and to ensure the system and data remains safe from breach by unauthorized parties.

5.1.1.2.5. Provide system redundancy to support failover and minimize user disruption in event the application becomes unavailable from its primary location.

5.1.1.2.6. Provide a minimum of weekly LIMS data backups.

5.1.1.2.7. Provide online training resources including but not limited to manuals and tutorials for the LIMS product.

5.1.1.2.8. Provide new product versions, bug fixes, and enhancements when they are available

5.1.1.2.9. Provide cannabis testing instrumentation integration for data import into the LIMS and support the file types produced by the testing instrumentation. Needs to support instrumentation

Cannabis Testing Laboratory Information System (LIMS) Page | 19 integration of the cannabis testing instruments used by the lab.

Provide integration capabilities for 10 instruments.

5.1.1.2.10. Provide all necessary licenses or subscriptions required for a minimum of 10 users to be able to use the LIMS concurrently, including but not limited to site license and user licenses.

5.1.1.2.11. Provide all necessary licenses or subscriptions required for a minimum of 10 users to use the web portal.

5.1.1.2.12. Provide all necessary licenses or subscriptions required for a minimum of 10 users to use the Document Management module tool.

5.1.1.2.13. Provide all necessary licenses or subscriptions required for a minimum of 10 users to use the Inventory Management module tool.

5.1.1.2.14. Provide all necessary licenses or subscriptions required for a minimum of 10 users to use the Training Management module tool.

5.1.2. LIMS Training.

5.1.2.1. Perform trainings on a date, time, location and duration approved by the Department as follows:

5.1.2.1.0. Provide a LIMS Power User training for up to 3 administrators responsible for granting or assigning user privileges.

5.1.2.1.1. Provide a LIMS training on how to setup and use the system for up to 10 users.

5.1.2.1.2. Provide a LIMS training for up to 10 users on how to use the web portal for sample collection data entry in the field.

5.1.2.1.3. Provide LIMS training for up to 10 users on how to use tools that are available in the system including, but not limited to document management, training management, and inventory management.

5.1.2.1.4. Provide a training summary and copies of documentation distributed to training attendees to the Department within 30 days of completing the training.

5.1.3. LIMS Technical Support Services.

5.1.3.1. Provide LIMS technical support services to the Department as follows:

5.1.3.1.0. Technical support services must be available 8:00 am EST through 5:00 pm EST Monday through Friday, excluding State of Florida holidays.

5.1.3.1.1. Provide mechanisms to the Department to report issues, have a Service or Help Desk ticket opened for issue tracking, and have the issues reviewed for severity level.

5.1.3.1.2. Ensure a response is provided to the Department within four business hours of receiving a reported issue. Responses must include at a minimum, a discussion of the impact and severity level of the issue, and the plans or solution to remediate it.

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5.1.3.1.3. Submit a monthly report within 15 days following the end of each month, that contains the following information:

5.1.3.1.3.1. Service ticket or Help Desk ticket with a description of the issue, who reported the issue, date and time the ticket was opened, date and time the item was resolved, and a summary of how the issue was addressed.

5.1.4. DATA SECURITY AND CONFIDENTIALITY TASK:

The Contractor, its employees, subcontractors, and agents must comply at all times with all Department data security procedures and policies in the performance of this scope of work as specified in the Data Security and Confidentiality document attached to the purchase order.

5.1.5. Modifications to LIMS System As Needed

5.1.5.1. Modify the LIMS System as directed by the Department in the following manner:

5.1.5.1.0. Provide a written estimate to the Department for requested modifications to the LIMS System.

5.1.5.1.1. Complete the requested modification upon written approval by the Department.

5.1.5.1.2. Any modifications made without the Department’s prior written approval are completed at the Contractor’s expense and are not eligible for reimbursement.

5.2.DELIVERABLES:

Contractor will complete and submit the following deliverables to the Department in the time and manner specified:

5.2.1. Monthly: Provision of LIMS and LIMS services with submission of supporting documentation as specified in Tasks 5.1.1-5.1.4.

5.2.2. Upon Completion: Modifications to LIMS System as specified in Task 5.1.5.

6. METHOD OF PAYMENT:

6.1.A purchase order will be issued to the Contractor.

6.2.The method of payment for this purchase order is unit rate.

6.3.The Contractor will receive payment in advance for licenses and initial services described in this scope of work.

6.4.The Contractor must submit an invoice monthly that provides a detailed accounting of the deliverables performed during the invoice period for which payment is being requested.

6.5.The Contractor is responsible for the performance of all tasks and deliverables contained in this scope of work.

7. PERFORMANCE MEASURES AND FINANCIAL CONSEQUENCES:

All deliverables and related tasks must be completed 100% as specified. Failure to satisfactorily complete or submit a deliverable in the time and manner specified will result in a financial consequence as indicated below:

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7.1.Failure to complete and submit Task 5.1.1. in the time and manner specified will result in a payment reduction equal to 25 percent of the total monthly invoiced amount.

7.2.Failure to complete and submit Task 5.1.2 in the time and manner specified will result in a payment reduction equal to 35 percent of the total monthly invoiced amount.

7.3.Failure to complete and submit Tasks 5.1.3 in the time and manner specified will result in a payment reduction equal to 15 percent of the total monthly invoiced amount.

7.4.Failure to comply with Task 5.1.4, DATA SECURITY AND CONFIDENTIALITY will result in a payment reduction equal to 15 percent of the total monthly invoiced amount for each month the Contractor is not in compliance.

7.5.Failure to complete and submit Task 5.1.5. in the time and manner specified will result in a payment reduction equal to 10 percent of the total invoiced amount.

8. CONTRACTOR TRAVEL REIMBURSEMENT:

Reimbursement for travel expenses is authorized only when approved in advance by the Department Contract Manager and conducted in accordance with Section 112.061, Florida Statutes and Department Internal Operating Procedure (IOP) 56-37.

9. DEPARTMENT CONTRACT MANAGER:

The Department Contract Manager for this scope of work is:

TBD

Florida Department of Health Division of Disease Control and

Health Protection Bureau of Public Health

Laboratories 4052 Bald Cypress Way, Bin A-09

Tallahassee, FL 32399

10. CONTROLLING TERMS AND CONDITIONS:

10.1. Data Security and Confidentiality Document;

10.2. Agency Invitation to Bid (DOH21-034);

10.3. Department Purchase Order Terms and Conditions;

10.4. Contractor’s Response to the Department’s Invitation to Bid, and

10.5. Department Scope of Work

ATTACHMENT B

PRICE PAGE

DOH21-034

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A single award will be made to the responsive, responsible Respondent offering the lowest grand total for the commodities and/or services requested in this ITB including delivery, FOB destination, and Training. The Department reserves the right to not make an award under this ITB, as determined to be in the best interest of the State.

Unit price will control in the case of mathematical error(s).

The below prices submitted by the Respondent are all inclusive. There must be no additional costs charged to the Department for work performed under this Bid.

Deliverable 5.2.2 (Modification to the LIMS System) will not be factored into the cost proposal.

Modifications will be requested as needed with costs determined at the time of receiving the Provider’s written estimate and based upon the below hourly rates.

Quantities are estimated and may increase or decrease dependent upon the Department’s needs.

No changes should be made to the format of this price page. Any changes made to the price page may deem the Respondent’s Bid non-responsive and could be rejected.

INITIAL TERM

Description Monthly Unit Price

Monthly: Provision of LIMS and LIMS services with submission of supporting documentation as specified in Tasks 5.1.1-5.1.4.

Initial Term Total Price

Multiply monthly unit price x 12.

Upon Completion: Modification to the LIMS System as specified in Task 5.1.5.

*Not factored into basis of award.

Hourly Rate = $___________

RENEWAL TERM YEAR 1

Description Monthly Unit Price

Monthly: Provision of LIMS and LIMS services with

Renewal Term Year 1 Total Price

DOH21-034

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RENEWAL TERM YEAR 2

Monthly: Provision of LIMS and LIMS services with

Renewal Term Year 2 Total Price

RENEWAL TERM YEAR 3

Monthly: Provision of LIMS and LIMS services with

Renewal Term Year 3 Total Price

GRAND TOTAL

Initial Term Total Price $____________________

Renewal Term Year 1 Total Price $____________________

Renewal Term Year 2 Total Price $____________________

Renewal Term Year 3 Total Price $____________________

Grand Total $____________________

DOH21-034

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Respondent Name:

Respondent Mailing Address:

City, State, Zip:

Phone: Fax Number:

E-Mail Address:

Federal Employer Identification Number (FEID):

BY AFFIXING MY SIGNATURE ON THIS BID TITLE PAGE, I HEREBY STATE THAT I HAVE READ THE

ENTIRE ITB TERMS, CONDITIONS, PROVISIONS, AND SPECIFICATIONS AND ALL ITS

ATTACHMENTS, INCLUDING THE REFERENCED PUR 1000 AND PUR 1001.

I hereby certify that my company, its employees, and its principals agree to abide to all of the terms, conditions, provisions and specifications during the competitive solicitation and any resulting Purchase Order including those contained in the Department’s Purchase Order Terms and Conditions.

Signature of Authorized Representative:

Printed (Typed) Name and Title:

*An authorized representative is an officer of the Respondent’s organization who has legal authority to bind the organization to the provisions of this Bid. Documentation establishing delegated authority must be included with the Bid if signed by someone other than the authorized representative.

ATTACHMENT C

PRIOR EXPERIENCE FORM

DOH21-034

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Provider’s Name: _______________________________________________________

Providers must provide contact information for three entities the Respondent has provided services of a similar size and nature of those requested in this solicitation. Respondents must use this experience form to provide the required information. The Department reserves the right to contact any and all entities in the course of this solicitation in order to verify experience.

1.

Company/Agency Name:

Address:

City, State, Zip:

Contact Name:

Contact Phone:

Contact Email Address:

General Description of Work (related to the scope of this solicitation):

Service Dates: Services began:________ Services ended: _________

Approximate Contract Value: $

2.

Company/Agency Name:

Address:

City, State, Zip:

Contact Name:

Contact Phone:

Contact Email Address:

General Description of Work

ATTACHMENT C

PRIOR EXPERIENCE FORM

DOH21-034

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3.

Company/Agency Name:

Address:

City, State, Zip:

Contact Name:

Contact Phone:

Contact Email Address:

General Description of Work

ATTACHMENT D

STATEMENT OF NON-COLLUSION

DOH21-034

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I hereby certify that my company, its employees, and its principals, had no involvement in performing a feasibility study of the implementation of the subject Contract, in the drafting of this solicitation document, or in developing the subject program.