DOR ITN 22-23-33 FINAL.pdf

FLORIDA DEPARTMENT OF REVENUE

INVITATION TO NEGOTIATE

ITN CONTRACTUAL SERVICES – Acknowledgement Form

Page 1 of 133 pages

SUBMIT REPLY TO: Florida Dept. of Revenue Purchasing Office, Building 2-1600 2450 Shumard Oak Boulevard Tallahassee, FL 32399-0109

AGENCY RELEASE DATE:

3/30/2023

SOLICITATION TITLE: SOLICITATION NO:

General Tax Administration eServices System DOR ITN 22/23-33

Replies WILL BE OPENED:

5/25/2023 @ 3:00 PM

And shall remain binding until execution of a Contract with successful Vendor

VENDOR NAME:

If a fictitious name is used include registered entity name

(i.e. XYZ., Inc. D/B/A ABC)

VENDOR MAILING ADDRESS:

CITY – STATE – ZIP:

*AUTHORIZED SIGNATURE (MANUAL)

PHONE

NUMBER:

T. FREE

FAX NUMBER: *AUTHORIZED SIGNATURE (TYPED), TITLE

EMAIL

ADDRESS:

FEID NO.: *This individual must have the authority to bind the respondent.

TYPE OF BUSINESS ENTITY (Corporation, LLC, partnership, etc.):

I certify that this Reply is made without prior understanding, agreement, or connection with any corporation, firm, or person submitting a Reply for the same materials, supplies or equipment, and is in all respects fair and without collusion or fraud. I agree to abide by all conditions of this Reply and certify that I am authorized to sign this

Reply for the Proposer and that the Proposer is in compliance with all requirements of the Invitation to Negotiate, including but not limited to, certification requirements. In submitting a Reply to an agency for the State of Florida, the Proposer offers and agrees that if the Reply is accepted, the Proposer will convey, sell, assign or transfer to the

State of Florida all rights, title and interest in and to all causes of action it may now or hereafter acquire under the Anti-trust laws of the United States and the State of Florida for price fixing relating to the particular commodities or services purchased or acquired by the State of Florida. At the State’s discretion, such assignment shall be made and become effective at the time the purchasing agency tenders final payment to the Proposer.

RESPONDENT CONTACTS: Please provide the name, title, address, telephone number and e-mail address of the official contact and an alternate, if available. These individuals shall be available to be contacted by telephone or attend meetings as may be appropriate regarding the solicitation schedule.

PRIMARY CONTACT: SECONDARY CONTACT:

NAME, TITLE: NAME, TITLE:

ADDRESS: ADDRESS:

FAX NUMBER: FAX NUMBER:

DOR ITN 22/23-33 2

IMPORTANT NOTICE TO VENDORS

In addition to the materials and attachments contained herein, the Florida Department of Revenue (FDOR) has developed an eServices System Procurement Library on its Internet site to accommodate larger attachments that are being provided to assist in the preparation of Replies and the understanding of solicitation requirements.

Additional materials may be added to the library by FDOR as needed or as requested.

FDOR will make an effort to indicate updated, replaced, or added materials in the Procurement Library to aid the reader.

It is the sole responsibility of potential Vendors to monitor the Procurement Library site throughout the solicitation process for any additional attachments relating to this procurement, as additional notification may not be provided when information or materials are added. The URL for the Procurement Library is:

https://floridarevenue.com/Pages/GTA-e-Services-Procurement.aspx

FDOR utilizes the Florida Department of Management Services’ “Vendor Information Portal” (VIP) to post and update procurement documents.

It is the sole responsibility of potential Vendors to monitor the VIP for any addenda or notices issued relating to this procurement. The URL for the VIP site is:

https://vendor.myfloridamarketplace.com/

The commodity code(s) Vendors should register for pertaining to this procurement are:

81111703: Electronic data interchange EDI design 81112000: Data services 81112001: Online data processing service 84121500: Banking institutions 84121501: Privately owned banks 84121502: Publicly owned banks 84121600: Funds transfer and clearance and exchange services 84121606: Remittance processing services

FDOR is not liable for any addendum or other information not received by the Vendor due to the Vendor’s failure to monitor the Vendor Information Portal (VIP)

Section 3.2: Procurement Schedule, of this ITN may be used as a guideline for upcoming postings to the Vendor Information Portal (VIP)

If unable to read or download material from this the VIP or the Procurement Library site, please contact FDOR Procurement Officer identified in Section 2.1.

FDOR is not liable for any information or materials not received by the Vendor due to the Vendor’s failure to monitor the VIP and the Procurement Library website.

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Contents

ITN CONTRACTUAL SERVICES – Acknowledgement Form

Section 1: DEFINITIONS

Section 2: INTRODUCTION

2.1 PROCUREMENT OFFICER

2.2 PURPOSE OF ITN

2.3 RESTRICTION ON COMMUNICATIONS

2.4 PROCUREMENT OVERVIEW

2.5 DEFINITION OF REQUIREMENTS

2.6 VENDOR ADMONISHMENTS

2.7 RESERVED RIGHTS

Section 3: PROCUREMENT PROCESS, SCHEDULE AND CONSTRAINTS

3.1 PROCUREMENT PROCESS

3.2 PROCUREMENT SCHEDULE

3.3 PROCUREMENT CONSTRAINTS

Section 4: STANDARD REPLY INFORMATION

4.1 SUBMISSION OF REPLIES

4.2 VENDOR CERTIFICATIONS

4.3 DISCLOSURE OF REPLIES

4.4 AUTHORIZED SIGNATURE

4.5 REPLY DURATION

4.6 VENDOR EXPENSES

4.7 WORK LOCATION & SITE

4.8 CONFIDENTIALITY OF INFORMATION

4.9 SECURITY REQUIREMENTS

4.10 SUBCONTRACTS & JOINT VENTURES

4.11 GENERAL CONTRACT PROVISIONS

Section 5: STANDARD CONTRACT INFORMATION

5.1 TYPE OF CONTRACT

5.2 CONTRACTOR

5.3 CONTRACT APPROVAL AND TERM

5.4 RENEWALS

5.5 CONTRACT FUNDING

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5.6 PROPOSED PAYMENT PROCEDURES

5.7 DELIVERABLE REVIEW AND ACCEPTANCE

5.8 REPLY AS PART OF THE CONTRACT

5.9 CONTRACT PERSONNEL

5.10 UNAUTHORIZED EMPLOYMENT OF ALIEN WORKERS

5.11 ASSIGNMENT

5.12 LAWS AND PERMITS

5.13 STANDARD CONTRACT PROVISIONS

5.14 SEVERABILITY

5.15 INSURANCE REQUIREMENTS

5.16 BOND REQUIREMENTS

5.17 PERFORMANCE MEASURES AND FINANCIAL CONSEQUENCES

Section 6: SCOPE OF WORK/SERVICES

6.1 OBJECTIVES OF SOLUTION

6.2 SCOPE OF SERVICES

6.3 DESIGN REQUIREMENTS

6.4 HOSTING

6.5 APPLICATION DEVELOPMENT

6.6 INCIDENT

6.7 RELEASE AND CHANGE MANAGEMENT

6.8 TESTING

6.9 GUIDES AND MANUALS

6.10 TRAINING

6.11 PROJECT AND PRODUCTION MANAGEMENT PLANS

6.12 CORPORATE CAPABILITY

6.13 CONFIDENTIAL INFORMATION

6.14 CHANGE MANAGEMENT

6.15 DISASTER RECOVERY, BACKUP AND RESTORE

6.16 OPTIONAL COMMODITIES AND SERVICES

6.17 UNKNOWN, UNANTICIPATED, UNSPECIFIED TASKS

Section 7: SUBMISSION OF REPLIES

7.1 GENERAL INSTRUCTIONS TO RESPONDENTS

7.2 DELIVERY

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7.3 REPLY VERSIONS

7.4 GENERAL FORMATTING INSTRUCTIONS

7.5 FORMAT, CONTENT, QUANTITY AND MEDIA

7.6 Volume II, Technical reply

7.7 Volume Three: Cost Data

Section 8: REPLY EVALUATION

8.1 EVALUATION PROCESS

8.2 REPLY EVALUATION PROCESS

8.3 FUNCTIONAL/SECURITY/TECHNICAL EVALUATION

8.4 EVALUATION CRITERIA

8.5 VOLUME THREE: COST DATA SCORING

8.5.2 Tab B: Itemized Costs (Direct and Indirect)

Section 9: NEGOTIATION

9.1 VENDORS SELECTED FOR NEGOTIATIONS

9.2 DEMONSTRATIONS

9.3 NEGOTIATION PROCESS

9.4 CONTRACT AWARD

Section 10: ATTACHMENTS AND SUBMITTALS CHECKLIST

DOR ITN 22/23-33 6

Section 1: DEFINITIONS

Term Definition 24/7/365 Refers to availability 24-hours per day, 7-days per week, 365-days per year.

ABA American Bankers Association

ACH Automated Clearing House: the primary system used for electronic funds transfer (EFT).

Alternate Log on

The capability to log in to the eServices system without using an FDOR assigned User ID and password. This uses credentials such as certificate number, business partner number, FEIN, etc.

Attachment As used in this ITN, an Attachment is a document that may be returned by the Respondent in the Respondent’s Reply.

BAFO Best and Final Offer.

Best Value The best overall value to the State based on objective factors that include, but are not limited to, price, quality, design and workmanship.

Synonymous with greatest overall value.

Breach of Contract

The condition of the relationship which exists between the Department and the Contractor when the Contractor fails to perform under the terms and conditions of the Contract which may result from this Invitation to Negotiate.

Business Day Monday through Friday, excluding State or Federal holidays.

CMBE Certified Minority Business Enterprise.

Contract The agreement which may result from this Invitation to Negotiate between the selected Vendor and the Department.

Contractor The successful Vendor in response to this ITN that is awarded and executed the Contract will be considered the Contractor. The organization or individual providing commodities and/or services to the Department in accordance with the terms and conditions of the Contract which may result from this Invitation to Negotiate. The term Contractor shall include all employees, subcontractors, agents, volunteers, and anyone acting on behalf of, in the interest of, or for, the Contractor.

Core (Required) Services

The Services required to provide Users the same applications and functionalities currently available.

COTS Commercial Off-the-Shelf Software.

Cybersecurity Event

A cybersecurity change that may have an impact on FDOR operations (including mission, capabilities, or reputation).

Data Collection The process of receiving, preparing, compiling, and perfecting data needed for the filing of returns, reporting of information and payment of taxes, fees, or other related payments.

Day Unless specified otherwise, “day” shall be interpreted to mean calendar day not working day.

Department State of Florida, Department of Revenue referred to in this ITN as “Department” or “FDOR”.

DFS The Florida Department of Financial Services.

DMS The Florida Department of Management Services.

EFT Electronic Funds Transfer.

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Exhibit As used in this ITN, Exhibits are informational, supporting documents provided by the Department for reference and use by Respondents.

FDOR The Florida Department of Revenue.

FEIN Federal Employer Identification Number.

FTP Standard network protocol used to transfer files from one host to another host over the Internet. It is used to transfer data files and other documents from a private development machine to a public web-hosting server.

Hosting A service that allows individuals and organizations to make their website accessible via the web.

IRS Internal Revenue Service.

IT Information Technology.

ITN Invitation to Negotiate.

Mandatory Responsiveness Requirement(s)

Terms, conditions, and requirements that must be met by the Vendor to be considered responsive to this ITN.

Material Deviation

A deviation from the requirements and specifications of this ITN, which the Department, at its sole discretion, has determined is not in substantial accord with this ITN, provides a significant competitive advantage to one (1) Vendor over other Vendors, or has a potentially significant effect on the quantity or quality of the services sought, or on the cost to the Department.

MBE Minority Business Enterprise.

Minor Irregularity

Variations from the Invitation to Negotiate terms and conditions which do not affect the price of the Reply or give the Vendor an advantage or benefit not enjoyed by the other Vendors or do not adversely impact the interests of the State.

NACHA The National ACH Association. NACHA governs the ACH Network, the payment system that drives Direct Deposits and Direct Payments with the capability to reach all U.S. bank and credit union accounts.

NIST National Institute of Standards and Technology.

OSD Office of Supplier Diversity.

PAM Performance Accountability Measure.

P-Card State of Florida’s purchasing card program using the Visa platform.

.pdf Portable Document Format (PDF).

Ransomware A malicious software that encrypts a computer system’s data and demands payment to restore access.

Reply A competitive sealed response to this ITN.

Responsive Reply

A Reply submitted by a responsive and responsible Vendor that conforms in all material respects to the solicitation.

Same-day Cancellation

The capability for system users to cancel a transaction before the close of the same business day it was initiated.

Same-day Presentment

The capability for the contractor to send all payment instructions collected during a business day to the State’s payment processor.

Secure Messaging System

Server based approach to protect sensitive data when sending messages; provides compliance with industry standards.

DOR ITN 22/23-33 8

SFTP Secure File Transfer Protocol: a file transfer protocol that uses SSH encryption to transfer files between systems securely.

Site Set of related web pages accessible via the Internet.

Single Sign-On Centralized authentication that all applicable applications and systems utilize for authentication purposes and ensures that Users do not have to actively enter their credentials more than once.

SOW Statement of Work.

SSH Secure Shell protocol; a secure alternative to unsecured remote shell protocols.

State The entity of the State of Florida.

State Data Confidential State tax information provided by the Department for use by the eServices system to facilitate collection of return/report data and payment information.

Subcontractor Any person other than an employee of the Contractor who performs any of the services listed in this ITN for compensation.

Submission A return/report without payment, a return/report with payment, or a payment without a return/report that is accepted by the system.

SW Software.

User(s) Taxpayer or other customer using the system to transact business with the State or FDOR.

Vendor Any firm, entity or person who submits a Reply to the Department in response to this ITN. The entity identified as the Vendor in the Reply will be the entity contracted with, should the entity become the successful Vendor.

Vendor Information Portal (VIP)

A system that provides a self-service portal where vendors can register, receive electronic purchase orders information, and receive information on upcoming bids. The VIP is part of the State’s My Florida Marketplace procurement system.

Winning or Successful Vendor

The business or entity awarded the Contract under this ITN.

XML Extensible Markup Language.

END OF SECTION

DOR ITN 22/23-33 9

Section 2: INTRODUCTION

2.1 PROCUREMENT OFFICER

The Procurement Officer assigned to this solicitation is:

John Kinneer Purchasing Office Building 2, Suite 1600 Florida Department of Revenue 2450 Shumard Oak Boulevard Tallahassee, FL 32399-0109 John.Kinneer@floridarevenue.com

(850) 717-6435

2.2 PURPOSE OF ITN

The Florida Department of Revenue (FDOR), General Tax Administration Program (Program or GTA), is seeking a Contractor that has successful experience and knowledge in developing, implementing, hosting and maintaining an eServices system for users to file and pay multiple taxes, fees; perform account information updates; and to provide a secure channel for data exchange. FDOR has an existing (expiring) contract for the core services requested in this ITN.

The successful Vendor will be required at a minimum to ensure that all core services and/or functionalities identified in this ITN are fully integrated and operational at a date to be negotiated. For additional background information related to this solicitation, Vendors should refer to Section 6: Scope of Work/Services.

The purpose of this ITN is not to replace the Program’s existing tax administration and accounting system which is built on SAP commercial off the shelf software.

The awarded Respondent will be required to utilize and interface with the State’s e-payment collection and processing services vendor procured by the Department of Financial Services as set forth in Section 215.322, F.S.

2.3 RESTRICTION ON COMMUNICATIONS

Vendors responding to this solicitation or person acting on their behalf may not contact, between the release of this solicitation and the end of the seventy-two (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 named above. Violation of this provision may be grounds for rejecting a Reply.

2.4 PROCUREMENT OVERVIEW

This procurement is released as an “Invitation to Negotiate” (ITN). FDOR intends to negotiate with one or more Vendors who are compliant with the Selected Mandatory Compliance Item Requirements. The Procurement process is described in Section 3.

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2.5 DEFINITION OF REQUIREMENTS

Within this ITN the use of “shall” or “must” indicates a mandatory requirement or mandatory action. FDOR may consider failure to meet a mandatory requirement to be a material deficiency, in which case FDOR may reject the Reply and not consider it further, or FDOR may have the option to score that requirement with a zero (0).

The use of “should” or “may” indicates a desired requirement. FDOR will not reject a Reply just because it fails to meet a desired requirement and may result in a lower score for that requirement. However, FDOR may score a Reply higher if it demonstrates the Vendor’s intent and ability to meet a desired requirement.

2.6 VENDOR ADMONISHMENTS

To submit a successful Reply to this ITN, the Vendor must carefully follow all directions in this

ITN:

Vendors are responsible for monitoring the VIP website for new or updated information related to this ITN. The location of the VIP is described in Section 3.1.1.

Vendors are strongly advised to carefully read the entire ITN to fully understand the program and ITN requirements before writing and submitting a Reply.

Vendors must follow the procurement process described in Section 3.

Vendors should propose to perform all of the required activities described in Section 6.

Vendors should submit a Reply that fully complies with the required organization, format, and contents specified in Section 7. A Reply should be organized exactly as specified. All mandatory items must be addressed, if not, Vendors risk having their Reply rejected OR zero (0) points assigned.

Vendors must carefully review the attached Sample Contract (Procurement Exhibit 1) located in the Procurement Library. No alteration of Contract will be permitted without prior written approval from FDOR. Be advised that many of the provisions of FDOR’s standard contract are required to be in the standard contract pursuant to Florida Statutes (FS), provisions of the Florida Administrative Code or judicial opinions; therefore, most requested changes may have to be denied.

FDOR anticipates addressing any Terms and Condition concerns during the Negotiation process and continue post award.

Vendors must submit a Reply to the required location by the required date and time, as described in Section 7: Reply Submission. Be aware that the Capital Circle Office Complex (CCOC) buildings, where Replies are submitted, are secured facilities. Be sure to allow sufficient time to sign in and be escorted when submitting a Reply. Submitting a Reply at the last moment risks contending with other Vendors trying to do the same. A Reply submitted late for any reason will be rejected.

DOR ITN 22/23-33 11

Vendors are required to ensure that cost-related data is presented separately from the Administrative Volume I and the Technical Volume II. The Cost Data Volume III must be separately packaged and clearly labeled. Replies that include cost information in the Administrative Volume and/or the Technical Volume will be rejected (Refer to Sections 8.4.4.2 and 8.5.4 for additional guidance for recommended enhancements).

Carefully review the ITN instructions to ensure that all required information is provided as specified in this ITN.

Confidential, proprietary, trade secret or other protected information submitted in Vendor Replies shall be properly and clearly identified and labeled as specified in Sections 3.3.12 and

7.2 of this ITN.

2.7 RESERVED RIGHTS

FDOR at its sole discretion reserves the right to:

• Amend this ITN;

• Conduct a Reply Qualification Process to cure deficiencies not directly related to Technical Specifications of the ITN;

• Waive minor irregularities in submitted Replies;

• Reject any or all Replies received in response to this ITN, if FDOR determines such action is in the best interests of the State or due to unavailability of funds;

• Request clarifications from Vendors;

• Request additional information to assess the Vendor’s capabilities.

• Contact any past or current customers of the Vendor for references.

• Require any or all Vendor(s) to address services, prices, or conditions offered by any other Vendor;

• Require any or all Vendor(s) to provide additional or revised Replies and detailed written Replies addressing specified topics;

• Use any idea proposed unless otherwise protected by Florida Statute;

• Negotiate with one or more Vendors, either sequentially or concurrently, or not negotiate at all;

• Schedule additional negotiating sessions with any or all vendor(s);

• Discontinue further negotiations with any Vendor;

• Reopen negotiations with any Vendor;

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• Request additional Best and Final Offer’s (BAFO) if in the State’s best

Interest;

• Require any or all Vendor(s) to provide a written best and final offer;

• Pursue a Contract with one or more vendor(s) for the services encompassed by this solicitation, any addenda thereto, and any request for additional or revised detailed written Replies or request for best and final offers;

• Pursue the division of Contracts between vendor(s) by type of service or geographic area, or both;

• Arrive at an agreement with any Vendor, finalize principal contract terms with such Vendor, and terminate negotiations with any or all other Vendors, regardless of the status of or scheduled negotiations with such other Vendor(s);

• Take any additional administrative steps deemed necessary in determining the final award, including additional fact-finding, evaluation, or negotiation where necessary and consistent with the terms of this ITN;

• Exercise all, or part, or none of the renewal options.

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Section 3: PROCUREMENT PROCESS, SCHEDULE AND

CONSTRAINTS

3.1 PROCUREMENT PROCESS

3.1.1 ITN Release

This Invitation to Negotiate (ITN) is posted on the Vendor Information Portal (VIP) web site:

https://vendor.myfloridamarketplace.com/ . To find the ITN or other related information, enter Agency “Department of Revenue” and click on “initiate Search” at the bottom of the web page. If unable to download the document(s), contact FDOR Procurement Officer identified in Section 2.1.

Section 120.57(3)(b), FS requires that a notice of protest of the solicitation documents shall be made within seventy-two (72) hours after the posting of the solicitation. Section 120.57(3)(a), FS requires the following statement to be included in the solicitation: “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 120, FS.”

3.1.2 Procurement Library

In addition to the material and attachments contained herein, FDOR has developed an eServices System Procurement Library on its Internet site to accommodate larger attachments that are being provided to assist in the preparation of Replies and the understanding of solicitation requirements. Procurement Library information and materials are for background and general information only. The URL for the Procurement Library is:

Florida Dept. of Revenue - GTA-e-Services-Procurement (floridarevenue.com)

Section 10, Technical and Procurement Exhibits provides a list of all the documents available for review and downloading.

If unable to read or download material from this site, Vendors should contact FDOR Procurement Officer identified in Section 2.1. It is the sole responsibility of Vendors to monitor this site, as additional notifications may not be provided when information or materials are added.

3.1.3 Addenda

FDOR reserves the right to amend this ITN. All addenda will be in writing and will be posted electronically on the VIP web site referenced in Section 3.1.1. If unable to download an ITN addendum, contact the Procurement Officer identified in Section 2.1.

The Addendum Acknowledgement form that is included with each posting should be signed by an authorized company representative, dated, and returned with the Reply.

It is the responsibility of the Vendors to monitor the VIP web site, as additional notification may not be provided.

3.1.4 Questions

Questions relevant to this ITN are invited and must be submitted in written form (e-mailed or mailed) to the Procurement Officer. Questions must be received by FDOR Procurement Officer

DOR ITN 22/23-33 14

on or before the date and time identified in the Procurement Schedule (Section 3.2). FDOR recommends that Vendors confirm receipt of questions submitted.

Responses to all questions will be posted on the VIP web site in accordance with the Procurement Schedule. The written response posted on the web site is the ONLY official response. Verbal responses that differ from the written responses must be considered incorrect.

Public record requests submitted as part of the Question period identified above, as well as, identified/marked public record requests will be answered as promptly as possible in the ordinary course of business, but may not be answered as part of the Question and Response process. Responses to public record requests may be furnished to the requesting Vendor only.

Vendors are cautioned that questions submitted should not contain cost information. The inclusion of cost information with questions submitted may result in the Vendor’s disqualification.

It is the responsibility of the Vendor to monitor the VIP web site, as no additional notification will be provided when responses to questions are posted.

3.1.5 Errors in ITN

If a Vendor discovers any ambiguity, conflict, discrepancy, omission, or other error in this ITN, the Vendor shall immediately notify FDOR in writing of the error. FDOR will resolve major problems with an addendum. Minor problems will be addressed as a Question and Response, if applicable, or as an addendum, posted on the VIP.

If the ITN contains an error known to the Vendor or an error that reasonably should have been known, the Vendor shall respond at its own risk. If the Vendor fails to notify FDOR of the error prior to Reply submission and is awarded a Contract, the Vendor shall not be entitled to additional compensation or time by reason of the error or its later correction.

3.1.6 Reply Opening

Replies will be publicly opened at the time and date specified in the Procurement Schedule (Section 3.2). The names of the responding Vendors will be read aloud. The name(s) of Vendors submitting Replies will be made available to interested parties at the Reply opening or upon written request to the Procurement Officer listed in Section 2.1.

The contents of Reply submissions are not immediately public records subject to provisions of section 119.07(1), FS. Per 119.071(1)(b)2, FS, submissions are exempted until the Agency posts a Notice of Intended Agency Decision, or thirty (30) days after opening the final competitive sealed Replies, whichever is earlier, and therefore will not be available for immediate review by the public.

3.1.7 Responsiveness Review

The table below outlines the conditions or requirements that must be met in order to have a responsive Reply to this Invitation to Negotiate. FDOR’s Purchasing Officer will perform a review on every Reply received to validate compliance with the items listed below. This review does not assign any scores but is simply a pass/fail review. Replies that fail one or more of the items listed in the table may be rejected and not considered further.

Item # Mandatory Item Yes/No

1 Did Reply arrive sealed, on the correct date and time?

2 Confirm that the Vendor is not on the Suspended Vendor List.

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3 Confirm that the Vendor is not on the Convicted Vendor List.

4 Confirm that the Vendor is not on the Discriminatory Vendor List.

5 Confirm that the Vendor is not on the Federal Excluded Parties List.

6 Confirm that the Vendor is not on the List of Prohibited Investments (Scrutinized

Companies).

7 Confirm that the Vendor Transmittal Letter was submitted, signed and contains affirming statements for all required items per Section 7.5.1.1.

8 Confirm the required Procurement Forms (attachments) listed in Section 7.5.1.2 have been submitted and signed if required.

9 Confirm that the vendor submitted financial documents in accordance with

Section 3.1.8.

The Responsiveness Review Process will enable FDOR to determine a Vendor’s compliance with the requirements of the ITN not directly related to the Technical Specifications and Cost Data. Certain deficiencies in the Reply items may be cured as part of the Responsiveness Review Process, at the discretion of FDOR.

Failure of a Vendor to timely respond to follow-up requests from FDOR may result in a determination of non-responsiveness and removal of the Vendor from further consideration.

FDOR reserves the right to determine whether a Reply meets the responsive requirements of the ITN.

If a Reply passes all items being reviewed in the table above, FDOR will continue the evaluation as described in the next section(s).

3.1.8 Financial Review

Respondents must submit its most recent three (3) years of independently audited financial statements as evidence of sufficient financial resources and stability for the Respondent to provide the services sought. The financial information will not become part of the Contract. If audited financial statements are not available, the Respondent must submit its most recent three (3) years of Certified Professional Accountant-reviewed financial statements, which shall include, at a minimum, a balance sheet, an income statement, a statement of cash flows, and notes to the financial statements (including a description of the reporting entity, a list of significant accounting policies and estimates used, major asset categories, debt, contingent liabilities, transactions with related parties, litigation, and subsequent events).

Two hard copies of the Financial Statements must be submitted in hard copy form with the reply, but be individually sealed in a separate envelope. The outside of the envelope shall be marked with its contents, the ITN number, and the Respondent’s legal name.

OR,

Respondents must be determined by FDOR, at its sole determination, to be financially capable of providing all commodities and services required in this ITN and demonstrate, to the satisfaction of FDOR, that organizational changes affecting the Respondent will not impede such capability.

Respondents must provide financial statements by an external auditor that are in conformity with US Generally Accepted Accounting Principles (GAAP) or International Financial Reporting

DOR ITN 22/23-33 16

Standards (IFRS), or Federal Income Tax Returns for the two most recent years. Certified financial statements should be submitted with the Reply, and any statements that become available during the solicitation process should be submitted immediately to upon issuance.

In order for certified financial statements to be considered complete, they must be comparative for two years and must include a balance sheet, income statement, statement of cash flows, statement of retained earnings, notes of the financial statements for both years, and any management letters that have been received.

If a Respondent submits a consolidated financial statement of its parent corporation, the parent corporation must serve as the Respondent’s financial guarantor, execute the Agreement as the guarantor, and will be held accountable for all terms and conditions of the Agreement. FDOR will hold all parties jointly and severally responsible for carrying out all activities required by the Contract.

This is a mandatory requirement.

Financial documents will be reviewed, and a determination made of a Vendor’s financial stability. This will be a pass/fail determination. FDOR in its sole discretion will make this pass/fail determination, and the reply from any Vendor who fails will not be further evaluated.

3.1.9 Technical Evaluation

FDOR will evaluate and score the Technical Volume II using three teams of at least three (3) persons who collectively have experience and knowledge in the program areas and service requirements called for by the ITN. These teams are divided into what their primary focus is.

There is one team focusing on technical requirements, one team focusing on functional requirements and the last team focusing on security requirements.

The three teams are herein referred to as the Evaluation Committee. The Evaluation Committee will evaluate and score the Technical Volume II in accordance with the evaluation criteria as described in Section 8 of this ITN.

3.1.10 Clarification Requests (CR)

Throughout the solicitation process, FDOR may request clarification(s) of uncertainties, or to eliminate confusion concerning the contents of a Reply, ambiguous or inconsistent information in submitted Replies, using the following process.

1. If FDOR detects an ambiguity or inconsistency within a Reply, FDOR Procurement Officer or their designee will request clarification utilizing a CR describing the ambiguity or inconsistency.

Vendors are cautioned FDOR will not generate a CR for an omission, even of a mandatory topic or mandatory requirement. FDOR may reject a Reply that omits a mandatory topic or requirement or may score with zero (0) points.

2. FDOR Procurement Officer or their designee will coordinate with Vendors a time for all CR to be submitted.

Within 24 hours, unless another timeframe is authorized by FDOR Procurement Officer or their designee, of the conclusion of the conference call, meeting or written request, the Vendor shall send to FDOR Procurement Officer or their designee (by e-mail) the written Clarification Request Responses (CRR) with a letter binding the company to the contents of the CRR and signed by an individual authorized to bind the company. The Vendor should confirm receipt.

DOR ITN 22/23-33 17

FDOR will ignore verbal discussions, and any written material that does not respond directly to a

CR.

3. FDOR will use the written CRR to update the Vendor’s Reply. An unresolved CR may result in an Evaluator scoring a Vendor’s Reply lower.

FDOR will not generate a Clarification Request for Reply omissions; THEREFORE, DO NOT

RELY ON CLARIFICATION REQUESTS TO IDENTIFY DEFICIENCIES.

Clarification Request Responses are restricted to information that responds directly to a Clarification Request; therefore, Vendors may not submit information that does not respond directly to a CR in the written CRR. If a Vendor does submit new information that does not directly respond to the CR, FDOR will not evaluate it. Clarifications may not result in a material or substantive change to the Vendor’s Reply.

3.1.11 Divergent Score Review

At the conclusion of the Technical Evaluation phase of the solicitation process, a divergent review may take place, at the discretion of FDOR. A divergent review provides all evaluators with the opportunity to re-review any particular evaluation criterion(s) that resulted in a score that is inconsistent of the other scores for that criterion(s). Evaluators are only provided the opportunity to re-review scores; they are not required to change any assigned score.

If after a divergent review, the criterion continues to remain divergent, the solicitation process may continue forward without delay. However, if after the divergent review, the criterion becomes even further divergent, FDOR may, at its sole discretion, determine that a second divergent review is necessary, or continue forward with the solicitation process.

3.1.12 Identical Scoring of Replies

Whenever two or more bids which are equal with respect to price, quality, and service are received, FDOR shall determine the order of award first in accordance with section 295.187(4), FS, giving preference to “Veteran Business Enterprise” then to bid responses from vendors that certify the business has implemented a drug-free workplace program in accordance with Section 287.087, FS. Vendors may execute and return Attachment A, Certification of a Drug Free Workplace, to be considered in the event of identical scoring/exact tie.

3.1.13 Cost Data Volume Opening

Upon completion of the technical evaluation, Volume II:

Cost Data Volume III will be publicly opened. FDOR will publish the date and time via a Public Meeting Notice on the VIP. Vendors are advised to monitor the VIP for a Public Meeting Notice for the exact date and time. This meeting will be for FDOR to open and read aloud the Vendor names and submitted Costs.

The Cost Data tabulation sheet will be made available to interested parties at the Cost Data opening or upon written request to the Procurement Officer listed in Section 2.1.

The contents of Reply submissions, including Cost Data Volumes are not public records subject to the provisions of section 119.07(1), FS, until the Agency posts a Notice of Intended Agency Decision, or until thirty (30) days after opening the final competitive sealed Replies, whichever is earlier, and therefore will not be available for immediate review by the public.

DOR ITN 22/23-33 18

3.1.14 Cost Data Volume III Review & Scoring

FDOR will check the arithmetic and score cost in accordance with Section 8.5 of this ITN. Each Vendor’s Cost Data points will be added to their Administrative/Technical score to obtain the Vendor’s Total Reply score. The Vendor’s Total Reply Score will be used to determine which Vendors FDOR will Negotiate with.

3.1.15 Negotiations

Subject to the process for resolving tie scores, FDOR will select one or more Vendors to conduct negotiations in accordance with Section 9 of this ITN.

FDOR reserves the right to negotiate with one or more, all, or none of the Vendors submitting responsive Replies to the ITN. FDOR further reserves the right not to eliminate any responsive Vendor from consideration during Negotiations, as determined to be in the best interest of the State.

FDOR reserves the right to conduct negotiations sequentially or concurrently. If there are no issues requiring negotiation with a Vendor, FDOR will not conduct a negotiation meeting. Refer to Section 9 for additional information regarding the negotiation process, including optional commodities and services.

3.1.16 Notice of Agency Decision

At the conclusion of Negotiations, FDOR will post a Notice of Intended Agency Decision, as determined to be in the best interest of the State. The Notice will be posted on the VIP for seventy-two (72) hours.

Successful negotiations do not guarantee an award of a Contract. An award from this ITN does not guarantee execution of a Contract and execution of a Contract does not guarantee an order for commodities and services from the State.

It is the responsibility of Vendors to monitor the VIP web site, as no additional notifications will be provided.

FDOR reserves the right to reject any or all Replies received in response to the ITN, at its sole discretion, as determined to be in the best interest of FDOR or due to unavailability of funds.

3.1.17 Protest and Protest Filing

Any Vendor or person who desires to protest a solicitation, decision, intended decision, or recommended award must file the following documents with the Agency Clerk in FDOR’s Office of General Counsel, 2450 Shumard Oak Boulevard, Building 1, Suite 2400 Tallahassee, FL 32399-0109, and provide copies to the Procurement Officer listed in Section 2.1.

1. A written notice of intent to protest within seventy-two (72) hours (3 business days) after posting of the recommended award in the VIP.

2. A formal written protest by petition within ten (10) calendar days after the date on which the notice of protest is filed.

3. A protest bond within ten (10) calendar days after the date on which the notice of protest is filed.

DOR ITN 22/23-33 19

Failure to file a protest within the time prescribed in section 120.57(3), FS, 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, FS.

Any person who files an action protesting a solicitation, decision, intended decision, or recommended award, pursuant to section 120.57(3), FS, shall post with FDOR at the time of filing the formal written protest, a bond payable to FDOR in an amount equal to one percent (1%) of FDOR’s estimate of the total value of the Contract. In lieu of a bond, FDOR may accept a cashier’s check or money order in the amount of the bond.

The bond shall be conditioned upon the payment of all costs which may be adjudged against the protester in the administrative hearing in which the action is brought and in any subsequent appellate court proceeding.

3.2 PROCUREMENT SCHEDULE

Below is the procurement schedule that represents FDOR’s best estimate of the schedule that will be followed. If deviations from this schedule occur, FDOR will publish an ITN addendum on the VIP. No liability to FDOR will result from such deviations. All required Vendor actions must be completed by the date and time in the schedule. All listed times are local time in Tallahassee, FL.

Event Date Time* Location/Method Release of ITN 3/29/2023 5:00

PM

Vendor Information Portal

Vendor submits questions – 1st round

4/12/2023 5:00

PM

Email to Procurement Officer

FDOR posts responses to questions – 1st round

On or about 4/19/2023

5:00

PM

Vendor Information Portal

Vendor submits questions – 2nd round

5/3/2023 5:00

PM

Email to Procurement Officer

FDOR posts responses to questions – 2nd round

On or about 5/10/2023

5:00

PM

Vendor Information Portal

Responses Due Public Opening

5/25/2023 3:00

PM

Procurement Office

The below sequence of events is being provided for informational purposes only. Date(s) and Time(s) for each will be provided closer to the actual event. FDOR will publish any ITN addendum on the VIP and/or notify in writing via e-mail, all Vendors that submitted Replies, with the date and time and guidance/instructions, as applicable for each event.

DOR ITN 22/23-33 20

3.3 PROCUREMENT CONSTRAINTS

3.3.1 Americans with Disabilities Act (ADA)

Any person submitting a Reply for providing commodities or contractual services may not exclude any person(s) from participating in, deny any person(s) the proceeds or benefits of, nor otherwise subject any person(s) or subcontractors to any form of discrimination based on the grounds of race, creed, color, national origin, age, sex, or disability. Any person, who is providing commodities or contractual services, or possible subcontract, must comply with the pertinent portion of the Americans with Disabilities Act of 1990, public Law 101-336.

Any person with a qualified disability shall not be denied equal access and effective communication regarding any Reply documents or the attendance at any related meeting or Reply opening. If accommodations are needed because of a disability, please contact the Procurement Officer identified in Section 2.1at least five (5) workdays prior to the opening.

3.3.2 Diversity

The State of Florida is committed to supporting its diverse business industry and population through ensuring participation by minority, service-disabled veteran, and women-owned business enterprises in the economic life of the state. Small, minority, service-disabled veteran, and women-owned business enterprises are strongly encouraged to participate in this solicitation as a Vendor or subcontractor.

Event Date Time* Location/Method Mandatory

Requirements Review

5/30/2023 5:00

PM

Procurement Office

Responsive Replies to

Evaluation Committee

5/30/2023 TBD TBD

FDOR begins providing Clarification Requests to Vendors as needed

6/1/23 8:00

AM

Email from Procurement Officer

Vendor responses to clarification questions due (clarification request)

7/3/23 5:00

PM

Email to Procurement Officer

Public Opening (Cost) 7/26/2023 3:00

PM

Procurement Office

Negotiations complete 9/1/2023 5:00

PM

TBD

Best and Final Offer due

9/6/2023 5:00

PM

Email to Procurement Officer

Award Date

(Anticipated)

9/12/2023 3:00

PM

Vendor Information Portal

DOR ITN 22/23-33 21

The Contractor should submit monthly reports to FDOR detailing their expenditures with small, minority, service-disabled veteran, and women-owned businesses.

Information on Certified Minority Business Enterprises (CMBE) and Certified Service-Disabled Veteran Business Enterprises (CSDVBE) is available from the Office of Supplier Diversity at:

http://osd.dms.state.fl.us/, or by calling the Office of Supplier Diversity at

(850) 487-0915.

3.2.3 Unauthorized Employment of Alien Workers

The employment of unauthorized aliens by any Contractor/Subcontractor is considered a violation of Section 274A(e) of the Immigration and Nationality Act. If the Contractor/Subcontractor knowingly employs unauthorized aliens, such violation shall be cause for unilateral cancellation of the Contract resulting from this solicitation.

The Successful Vendor shall utilize the E-Verify system established by the U.S. Department of Homeland Security to verify the employment eligibility of its employees and subcontractors.

3.3.4 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;

• 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;

• submit bids, proposals, or replies on leases of real property to a public entity;

be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity;

• and transact business with any public entity.

3.3.5 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;

• 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;

• submit bids, proposals, or replies on leases of real property to a public entity;

• be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity;

• and transact business with any public entity in excess of the threshold amount provided in section 287.017, FS, for Category Two for a period of thirty-six (36) months following the date of being placed on the convicted contractor list.

3.3.6 Suspended Vendor List

Pursuant to 60A-1.006, Florida Administrative Code, a person or affiliate who has been placed on the Suspended Vendor List for contractual default may be excluded from award of a contract unless the Vendor corrects its failure within the time frame provided by the agency, pays any additional cost incurred by the agency for re-procuring the services, or is legally excused by the agency from default.

DOR ITN 22/23-33 22

3.3.7 Prohibition against contracting with Scrutinized Companies In accordance with the requirements of section 287.135(2), F.S., a company is ineligible to, and may not, bid on, submit a proposal or reply for, or enter into or renew a contract with an agency or local governmental entity for goods or services of any amount if, at the time of bidding on, submitting a proposal or reply for, or entering into or renewing such contract, the company is on the Scrutinized Companies that Boycott Israel List, created pursuant to s. 215.4725, or is engaged in a boycott of Israel.

Also, in accordance with the requirements of section 287.135(2), F.S., a company is ineligible to, and may not, bid on, submit a proposal or reply for, or enter into or renew a contract with an agency or local governmental entity for goods or services of one million dollars or more if, at the time of bidding on, submitting a proposal or reply for, or entering into or renewing such contract, the company:

1. Is on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, created pursuant to s. 215.473; or

2. Is engaged in business operations in Cuba or Syria.

In accordance with the requirements of section 287.135(25, F.S., at the time a company submits a bid or proposal or reply for a contract or before the company enters into or renews a contract with an agency or local governmental entity for goods or services of $1 million or more, the company must certify that the company is not on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List and that it does not have business operations in Cuba or Syria. At the time a company submits a bid or proposal or reply for a contract or before the company enters into or renews a contract with an agency or local governmental entity for goods or services of any amount, the company must certify that the company is not participating in a boycott of Israel.

The State Board of Administration maintains the “Quarterly List of Scrutinized Companies that Boycott Israel” at the following link:

https://www.sbafla.com/fsb/Portals/FSB/Content/Performance/Quarterly/2023_01_17_Web_Upd ate_PFIA_Prohibited_List.pdf?ver=2023-01-17-160949-307

Vendors must execute and submit Attachment B: Vendor Scrutinized Companies Lists Attestation with their Reply certifying that they are not on the List of Prohibited Investments (Scrutinized Companies).

3.3.8 Federal Excluded Parties List

A Vendor or subcontractor(s) that, at the time of bidding or submitting a Reply for a new contract or renewal of an existing contract is on the Federal Excluded Parties List, is ineligible for, and may not bid on, submit a Reply for, or enter into or renew a contract with an agency for goods or services, if any federal funds are being utilized.

3.3.9 Registration with…