DOS-ITB-22.23.-048 Original Solicitation.pdf

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:

PHONE NUMBER: PHONE

NUMBER:

FAX NUMBER: FAX NUMBER:

EMAIL ADDRESS: EMAIL

ADDRESS:

Invitation to Bid Solicitation Acknowledgement Form

Page _1 of 55 pages

SUBMIT BIDS TO:

Department of State R.A. Gray Building 500 South Bronough Street, Room 428 Tallahassee, Florida 32399-2150

AGENCY RELEASE DATE:

March 10, 2023

SOLICITATION TITLE: SOLICITATION NO:

Microfiche Imaging Conversion

DOS-ITB-22/23-048

REPLIES DUE:

April 13, 2023 at 3:00 P.M. (Eastern Standard Time) and may not be withdrawn within: 180 Days after such date and time.

I certify that this Response is made without prior understanding, agreement, or connection with any corporation, firm, or person submitting a response 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 response and certify that I am authorized to sign this reply for the Respondent and that the Respondent is in compliance with all requirements of the Request for Bid, including but not limited to, certification requirements. In submitting a response to an agency for the State of Florida, the Respondent offers and agrees that if the response is accepted, the Respondent 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 Respondent.

RESPONDENT NAME:

RESPONDENT MAILING ADDRESS:

CITY – STATE – ZIP: *Authorized Representative’s Signature

PHONE NUMBER:

TOLL FREE

NUMBER:

*Name and Title of Authorized Representative

FAX NUMBER:

EMAIL ADDRESS: *This individual must have the authority to bind the

Respondent.

FEID NO.:

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

Attachment A – Question(s) Submittal Form Attachment B – Statement of Work/Specifications Attachment C – Price Sheet Attachment D – PUR 1000 General Contract Conditions Attachment E – PUR 1001 General Instructions to Respondents

Forms:

Form 1 – Mandatory Responsiveness Requirements Form 2 – Contact Information Form 3 – Past Performance and Experience Form 4 – Subcontracting Form 5 – Drug Free Workplace Certification Form 6 – Conflict of Interest Disclosure Form 7 – Non-Collusion Affidavit Form 8 – Statement of No Involvement Form 9 – Security Acknowledgement

REMAINDER OF PAGE INTENTIONALLY LEFT BLANK

Things to Keep in Mind When Responding to a Solicitation

1. Read the entire document. Note critical items such as: mandatory requirements; sample(s) required; supplies/services required; submittal dates; number of copies required for submittal;

funding amount and source; contract requirements (i.e., contract performance security, insurance requirements, performance and/or reporting requirements, etc.).

2. Note the Procurement Officer's name, address, phone numbers and e-mail address. This is the only person you are allowed to communicate with regarding the Solicitation and is an excellent source of information for any questions you may have.

3. Attend the Pre-Bid Conference/Mandatory Site Visit (If applicable).

4. Take advantage of the “question and answer” period. Submit your questions to the Procurement

Officer by the due date listed in the Solicitation Timeline and view the answers given in the formal “addenda” issued for the Solicitation. All addenda issued for a Solicitation are posted on the Vendor Information Portal (VIP) website (https://vendor.myfloridamarketplace.com/search/bids) and will include all questions asked and answered concerning the Solicitation.

5. Follow the format required in the Solicitation when preparing your Bid. Provide point-by-point response to the required sections in a clear and concise manner.

6. Provide complete answers/descriptions. Read and answer all questions and requirements.

Don’t assume the Department will know what your company capabilities are or what items/services you can provide, even if you have previously contracted with the Department.

The Vendor’s submission is based solely on the information and materials provided in the Bid.

7. Check the VIP website for Solicitation addenda. Before submitting your Bid, check the VIP website to see whether any addenda were issued for the Solicitation. Some addenda require that you sign and return them with the Bid.

8. Review and read the Solicitation document again to make sure that you have addressed all requirements. Your original Bid and the requested copies must be identical and be complete.

9. Submit your Bid on time. Note all the dates and times listed in the Solicitation Timeline and within the document, and be sure to submit all required items on time. Faxed, emailed or late Replies may not be considered.

https://vendor.myfloridamarketplace.com/search/bids

SECTION 1 – INTRODUCTION

1.1 Purpose

The Department of State, Division of Corporations, seeks to contract with a vendor to convert approximately 625,000, if not more, microfiche cards to a digital format by August 31, 2023.

The Division stores over 2.5 million microfiche located at 2415 N. Monroe Street, Suite 810, Tallahassee, FL, 32303. The microfiche imaging conversion will allow the Division to permanently preserve essential public records and eliminate dependence on declining and antiquated microfiche reading, copying, and printing equipment. Microfiche records deteriorate over time and become illegible. Access to microfiche records is time consuming and records must be pulled, loaded, and copied into a microfilm reader or printer.

Microfilm hardware and support are being phased out and the number of companies supporting microfilm readers, copiers, and printers have significantly declined. In addition, the cost to repair, support, or purchase microfilm equipment is no longer cost effective. Converting these records into electronic format will allow the Division to import these documents into its current electronic imaging system, provide free access to these records via its Sunbiz.org website, and permanently maintain records in accordance with Item Number 000243-0001a of the Department of State’s Retention Schedule.

The minimum requirements are contained herein in Attachment B - Statement of Work/Specifications.

The Department intends to make a single award; however, the Department reserves the right to award to one Respondent or multiple Respondents, or to make no award, as determined to be in the best interest of the State.

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

1. Certified Minority Business Enterprise: A business which has been certified by the

Florida Department of Management Services, Office of Supplier Diversity, in accordance with Section 287.0943 (2)(e), Florida Statutes and Chapter 60A-9, Florida Administrative Code.

2. Contract: The agreement entered into between the Department and the successful Respondent after completion of the Request for Bids process.

3. Deliverable: A tangible, specific, quantifiable and measurable event or item that must be produced to complete a project or part of a project directly related to the scope of services.

4. Department: The Florida Department of State. (DOS)

5. Division: Division of Corporations (DOC).

6. FY: The State of Florida’s Fiscal Year, July 1 through June 30.

7. Mediation: Staff involvement in the requesting process.

8. Bid: All information and materials submitted by a Respondent in response to this ITB.

9. Respondent: A vendor that has submitted a bid, proposal, or reply that conforms in all material respects to the solicitation.

10. Vendor Information Portal (VIP): The system which allows all state agencies to advertise solicitations and exceptional purchases on MyFlorida.com. It also permits registered vendors to receive automatic email notification of solicitation advertisements, addendums to solicitation, and exceptional purchases.

1.3 Contract Term

The Contract term will be from the date of execution until August 31, 2023, with no renewal year.

The State’s performance and obligation to pay under this contract are contingent upon an annual appropriation by the Legislature.

END OF SECTION 1

SECTION 2 – SOLICITATION PROCESS

2.1 General Overview of the ITB

The Invitation to Bid (ITB) is a method of competitively procuring a commodity or contractual service under Chapter 287, Florida Statutes. The ITB process involves three phases:

Solicitation, Minimum Mandatory Requirement and Evaluation.

2.2 Mandatory Pre-Bid Site Visit

A MANDATORY pre-bid site visit will be held for this solicitation on the time and date specified in the Timeline of Events in Section 2.3. The purpose of the pre-bid site visit is to discuss contents of the ITB and to accept questions from Vendors concerning the project. Vendors must attend the pre-bid site visit and sign in as a requirement of bid responsiveness and attendance. Failure to attend the pre-bid site visit from the time it is called to order and to the time it is adjourned, shall disqualify a potential Respondent. All Vendors intending to submit a bid must sign the sign-in sheet before departing each site. Bids will only be accepted from those Vendors attending the pre-bid site visit.

The purpose of the Mandatory pre-bid site visit is for the prospective vendors to become familiar with the site conditions which may have an influence on the bid proposal or the equipment, material, labor and services required. The Department of State will make a reasonable effort to answer verbal questions asked at the pre-bid site visit, however, Vendors should clearly understand that verbal discussions held at the pre-bid site visits shall not be binding on DOS. Please reference Section 2.2 Questions of the State of Florida PUR 1001(10/06) General Instruction to Vendors” for additional information related to oral discussions with State employees. We can provide the Vendor a note card should there be any questions in regard to the site visit that a Vendor would like to have included in the Questions Answers as indicated Section 2.2.

2.3 Questions and Answers

Respondent will address all inquiries regarding this solicitation, via email, to the Procurement Officer, as identified in Section 1.5. The deadline for submission of questions is reflected in Section 2.3, Timeline of Events. The Department will post answers to the questions on the VIP as noted in Section 2.3 – Timeline of Events. If the Department makes changes based on questions received, the Department will issue an addendum to the ITB.

Questions will only be accepted, if submitted in writing; reference PUR 1001 Section 5 for additional information. (See PUR 1001 – General Instructions to Respondents, Section 21, Limitation on Vendor Contact with Agency during Solicitation Period) PUR 1001. Please see Attachment A – Questions Submittal Form

The Department requests that all questions have the ITB number in the subject line of the email. Questions are requested to be submitted in the following format: _Vendor Question Number

ITB Page # Section #

Subscription Reference

Vendor Question

2.3 Timeline of Events

The table below contains the Timeline of Events for this ITB. The dates and times within the Timeline of Events are subject to change. The Department reserves the right to adjust the schedule and will notify participants in the ITB by posting an addendum on the VIP. It is the Respondent’s responsibility to check for any changes on the VIP on a regular basis for such updates. All changes to the Timeline of Events will be made through an addendum to the ITB.

Respondents are responsible for submitting all required documentation by the dates and times (Eastern Time) specified below.

DATE TIME ACTION LOCATION

March 10, 2023 Release of Solicitation

Electronically Posted:

https://vendor.myfloridamarke tplace.com/search/bids

March 20, 2023, 3:00 P.M. Mandatory Site Visit

Florida Department of State Division of Corporations

2415 N. Monroe Street, Suite 810, Tallahassee, FL 32303

March 31, 2023 5:00 P.M. Deadline for Vendor Written Questions

Division of Administrative Services

Purchasing@dos.myflorida.com

April 6, 2023 N/A

Anticipated Date for

Department’s Response to Vendor Written Questions

Electronically Posted

April 13, 2023 2:00 P.M.

Deadline for Receipt of

Vendor Bid

Florida Department of State Division of

Administrative Services 500 S. Bronough Street, Suite 428 Tallahassee, Florida 32399

April 13, 2023 3:00 P.M.

Bid Opening

– Conference Call

Telephone: 1-888-585-9008 and enter code 666-567-017# when directed

April 24, 2023 N/A

Anticipated Notice of

Intent to Award

Electronically Posted mailto:Purchasing@dos.myflorida.com https://vendor.myfloridamarketplace.com/search/bids https://vendor.myfloridamarketplace.com/search/bids

2.4 Addendum to Solicitation

The Department reserves the right to amend this ITB by issuing an addendum posted on the VIP. Any and all addenda will be in writing and posted on the VIP at https://vendor.myfloridamarketplace.com/search/bids criteria form. It is the responsibility of the Vendor to check VIP for any changes.

An Addendum Acknowledgement Form will be provided with all addenda posted on VIP. The Addendum Acknowledgement Form shall be signed by an authorized company representative, dated, and returned with the bid. Each Vendor is responsible for monitoring the VIP for new or changing information.

2.5 Procurement Officer

The Procurement Officer is the sole point of contact as described in PUR 1001, Section 21.

David Shufflebotham, Procurement Officer Florida Department of State, Division of Administrative Services, Purchasing Office 500 S. Bronough Street, Suite 428 Tallahassee, Florida 32399-0250 Phone: 850-245-6457 Email: Purchasing@dos.myflorida.com

***PLACE THE SOLICITATION NUMBER IN THE SUBJECT LINE OF ALL EMAILS TO

THE PROCUREMENT OFFICER. ***

2.6 Contract Formation

The Department may issue a Notice of Intent to Award to the successful Vendor. The Department shall not be liable for any work performed before the execution of a contract.

2.6 Disclosure of Bid Contents

All documentation supplied to the Department as part of a Bid becomes the exclusive property of the Department and will not be returned to the Vendor unless withdrawn prior to the deadline to submit Bids in accordance with the modification or withdrawal of Bid requirements in Section

5.5. Selection or rejection of a Bid shall not affect this right.

The State of Florida shall have the right to use all ideas, or adaptations of ideas, contained in any Bid received in response to this ITB. Selection or rejection of a Bid shall not affect this right.

2.7 Clarification Process

The Department may request clarification from the Vendor for resolving ambiguities or questioning information presented in its Bid. Clarifications may be requested throughout the ITB process. The Vendor’s answer(s) to requested clarifications must be in writing and must address only the information requested. The Vendor’s answer to requested clarifications must be submitted to the Department within the time specified by the Department in the request.

2.8 Diversity

The Department is dedicated to fostering the continued development and economic growth of minority-, veteran-, and woman-owned small businesses. Participation of a diverse group of Respondents doing business with the State is central to the Department’s effort. To this end, minority-, veteran-, and woman-owned small business enterprises are encouraged to participate in the State’s procurement process as both prime contractors and subcontractors.

END OF SECTION 2

SECTION 3 – SPECIAL INSTRUCTIONS TO VENDORS

3.1 General Instructions

The General Instructions to Vendors is the PUR 1001, 2006 version, which is incorporated by reference and can be accessed at:

Sections 3 and 5 of PUR 1001 are inapplicable and are replaced as follows:

Section 3. Electronic Submission of Bid

Bids shall be submitted in accordance with Section 5.2, How to Submit a Bid, of this ITB.

Section 5. Question Questions shall be submitted in accordance with Section 2.2 of this solicitation.

3.2 Verbal Instructions

No negotiations, decisions, or actions shall be initiated or executed by the Vendor as a result of any discussions with any State employee. Only those communications that are in writing from the Department’s Procurement Officer identified in Section 2.3 of this ITB shall be considered a duly authorized expression on behalf of the Department. Only written, signed communications from Vendors will be recognized by the Department as duly authorized expressions on behalf of the Vendor.

3.3 Alternate Bids

Alternate bids and exceptions to this solicitation are not permitted. If the Vendor has any issue with the requirements or terms and conditions of this solicitation, such issues shall be presented to the Department and addressed by the Department during the question-and-answer phase of the solicitation. Including alternate bids or exceptions to this Solicitation in any bid may result in the bid being deemed non-responsive to the Solicitation.

3.4 Business Registration Requirement

Under the provisions of Title 36, Chapters 605-623, Florida Statutes, in order to do business in the State of Florida, corporations (and other business designations) are required to be registered and in good standing with the Department of State, Division of Corporations prior to execution of a PO agreement. Failure to be registered will cause for disqualification. Contact the Division of Corporations at (850) 245-6900.

3.5 MyFloridaMarketPlace (MFMP) Registration

Prior to the execution of the Contract by the Department, the Vendor must be registered with MFMP. For additional information, please visit:

https://vendor.myfloridamarketplace.com

Prospective vendors who do not have internet access may request assistance from the MFMP Customer Service Desk Monday - Friday, 8 a.m. - 6 p.m. ET, at 866-352-3776 or VendorHelp@myfloridamarketplace.com.

mailto:VendorHelp@myfloridamarketplace.com

The following United Nations Standard Products and Service(s) (UNSPSC) are provided to assist potential Respondents in their registration efforts:

Commodity Code Title 45131507 Processed Microfilm 82131503 Microfiche Services

3.6 Florida Substitute Form W-9 Process

State of Florida vendors must register and complete an electronic Florida Substitutes Form W-

9. The Internal Revenue Service (IRS) receives and validates the information vendors provide on the Form W-9. For instructions on how to complete the Florida Substitute Form W-9, please visit:

http://www.myfloridacfo.com/Division/AA/StateAgencies/W9Instructions022212.pdf

3.7 Certification of Drug-Free Workplace Program

The State supports and encourages initiatives to keep the workplaces of Florida’s suppliers and vendors drug-free. Section 287.087, Florida Statutes, provides that, where identical tie bids are received, preference shall be given to a bid received from a Vendor that certifies it has implemented a drug- free workforce program. If applicable, the Vendor shall sign and submit Form 5 (Drug-Free Workplace Certificate) to certify that the Vendor has a drug-free workplace program. The Vendor shall describe how it will address the implementation of a drug-free workplace in offering the items of bid.

3.8 Office of Supplier Diversity

The Office of Supplier Diversity has standing to protest, pursuant to Section 287.09451, F.S., in a timely manner, any proposed Contract award in competitive bidding for contractual services and construction contracts that fail to include minority business enterprise participation, if any responding Vendor has demonstrated the ability to achieve any level of participation, or any Contract award for commodities where, a reasonable and economical opportunity to reserve a Contract statewide or district level, for minority participation was not executed or, an agency failed to adopt applicable preference for minority participation. Any low Vendor with no participation may be deemed not in “good faith.” Office of Supplier Diversity

Florida Department Management Services 4050 Esplanade Way, Suite 380 Tallahassee, Florida 32399-0950 Telephone: (850) 487-0915 Fax: (850) 922-6852 Email Address: osdhelp@dms.myflorida.com

3.9 Licenses, Permits, Other Charges

The successful Vendor shall pay for any and all licenses, permits, other charges and taxes required for the Contract, and shall comply with all laws, ordinances or other requirements applicable to the work specified during the term of this agreement.

http://www.myfloridacfo.com/Division/AA/StateAgencies/W9Instructions022212.pdf mailto:osdhelp@dms.myflorida.com

3.10 Employment Eligibility Verification (E-Verify)

Pursuant to State of Florida Executive Order No. 11-116, Vendor is required to utilize the U.S.

Department of Homeland Security’s E-Verify system to verify the employment of all new employees hired by the Vendor during the Contract term.

Only individuals who may legally work in the United States – either U.S. citizens, or foreign citizens who have the necessary authorization may perform work on this Contract. E-Verify is an Internet-based system that allows businesses to determine the eligibility of their employees to work in the United States. E-Verify is fast, free and easy to use – and it’s the best way employers can ensure a legal workforce.

3.11 Subcontracting

The successful Vendor shall not subcontract, assign, or transfer any work identified under the resulting PO without prior written consent of the Department. The awarded Vendor will be the prime service provider and shall be responsible for all work performed and all deliverables.

3.12 Copyrighted Material

Copyrighted material will be accepted as part of a technical bid only if accompanied by a waiver that will allow the Department to make paper and electronic copies necessary for the use of Department staff and agents. It is noted that copyrighted material is not exempt from the Public Records Law, Chapter 119, Florida Statutes.

3.13 Vendor’s Duties to Assert Exemption from Disclosure as a Public Record Any bid content submitted to the Department which is asserted to be exempted by law from disclosure as a public record shall be clearly marked “exempt,” “confidential,” or “trade secret” (as applicable), with the statutory basis for such claim of exemption specifically identified in writing on each and every such page. Failure to segregate and so clearly identify any such content shall constitute a waiver of any claimed exemption as applied to the portion of the Bid or other document in which the content is set forth.

An entire page or paragraph in which such information appears should not be marked “EXEMPT”, “confidential” or “trade secret” unless the entire page or paragraph consists of such confidential information. Only the confidential portions(s) should be identified and marked.

Vendors are to indicate where confidential information begins and ends.

Any claim of exemption from public disclosure is waived upon submission, unless addressed as set forth above. The Department will attempt to afford protection from disclosure of any trade secret as defined in Section 812.081(1)(c), Florida Statutes, or Section 688.002, Florida Statutes, where identified as such in the Bid, to the extent permitted under Section 815.045, Florida Statutes, and Chapter 119, Florida Statutes. Each Vendor acknowledges that the protection afforded by Section 815.045, Florida Statutes, is incomplete, and hereby agrees that no remedy for damages may arise from any disclosure by the Department.

It will be the responsibility of the Vendor to defend the confidentiality of its trade secrets through the judicial process.

The Department takes its public records responsibilities under chapter 119, Florida Statutes, and Article I, Section 24 of the Florida Constitution, very seriously. If a Vendor considers any portion of the documents, data or record submitted in response to this ITB to be exempted by law from disclosure as a public record, the Vendor must also provide DOS with a separate Redacted Copy of its bid, in hard copy and on a CD, DVD- ROM or USB flash drive, at the time of bid submission.

This Redacted Copy should contain the Department’s ITB name, number, and the name of the Vendor on the cover, and should be clearly titled “Redacted Copy.” The Redacted Copy must be provided to the Department at the same time the Vendor submits its Bid and must only exclude or obliterate those exact portions which are exempted by law from public disclosure.

The Vendor shall protect, defend, and indemnify, save and hold harmless, the Department from any and all claims, demands, liabilities and suits of any nature arising out of, because of, or due to failure of the Department to protect information redacted by the Vendor, and to further indemnify the Department for any other loss the Department incurs due to any claim being made against the Department regarding portions of its Redacted Copy being confidential, proprietary, trade secret or otherwise not subject to disclosure.

If a Vendor fails to submit a Redacted Copy with its Bid as described herein, the Department is authorized to produce the entire document(s), data or records submitted by the Vendor in answer to a public records request.

3.14 Conflict of Interest and Disclosure

The award hereunder is subject to the provisions of Chapter 112, Florida Statutes. Vendors must disclose with their Replies whether any officer, director, employee or agent is also an officer or an employee of the Department, the State of Florida, or any of its agencies. (Form 6 - Disclosure Statement Conflict of Interest Disclosure) All firms must disclose the name of any state officer or employee who owns, directly or indirectly, an interest of five percent (5%) or more in the Respondents Vendor’s firm or any of its branches or affiliates. All Vendors must also disclose the name of any employee, agent, lobbyist, previous employee of the Department, or other person, who has received or will receive compensation of any kind, or who has registered or is required to register under Section 112.3215, Florida Statutes, in seeking to influence the actions of the Department in connection with this procurement. The selected Vendor shall be required to provide written notification to the Department within five

(5) working days of the discovery of any potential conflict of interest. The Department reserves the right to make an independent determination as to whether or not a conflict of interest exists.

END OF SECTION 3

SECTION 4 – BID CONTENT

Each Bid shall be prepared simply and economically, following the instructions contained herein. Note: Fancy binding of replies, colored displays in replies, and promotional material are not desired. There is no intent to limit the content of the Bid and additional information deemed appropriate by the Vendor may be included. However, cluttering the solicitation with irrelevant material makes the review more difficult.

All Bids and associated forms must be signed and dated in ink by a duly authorized representative of the Vendor. All Bids and related documents submitted in response to this ITB shall become the property of the State of Florida.

4.1 Special Instructions for the Preparation of Bids

The instructions for this so l ic i ta t ion have been designed to help ensure that all bids are reviewed and evaluated in a consistent manner, as well as to minimize costs and reply time.

Any and all information submitted in variance with these instructions is subject to not being reviewed or evaluated Bids are to be divided into three (3) sections:

SECTION 1: Administrative Qualification Documents SECTION 2: Technical Response SECTION 3: Price Sheet

4.2 SECTION ONE – Administrative Qualifications Documents

Tab 1 – Attachments, Forms and Certifications Bids should include the following original documents and certifications:

Acknowledgement Form Addendum Acknowledgement Form(s) (if applicable)

CMBE Certification; if applicable. Attach a copy of your Certified Minority Business Enterprise (CMBE) Certification, if certified with DMS.

Proof of Business Registration (see Section 3.4)

1. Form 1 – Mandatory Responsiveness Requirements

2. Form 2 – Contact Information

3. Form 3 – Past Performance and Experience

4. Form 4 – Subcontracting

5. Form 5 – Drug Free Workplace Certification

6. Form 6 – Conflict of Interest Disclosure

7. Form 7 – Non-Collusion Affidavit

8. Form 8 – Statement of No Involvement

9. Form 9 – Security Acknowledgement

Tab 2 – Past Performance References In Form 3 (Past Performance References, the Vendor must list a minimum of three (3) separate and verifiable clients. Confidential clients must not be included. The Vendor must have provided the same or similar products or services as those specified in the solicitation within the last three

(3) years for the reference. The Department reserves the right to obtain and utilize references not provided by the Vendor.

4.3 SECTION TWO – Technical Response

Using the description of work outlined in Attachment B, Statement of Work/Specifications and Requirements, Vendors should prepare their solicitations in the order outlines, below, with the sections tabbed for ease of identification and review.

Tab 1- Business/Corporate Experience and Qualifications

Company Profile Vendors shall include in their submittal background information, which, at a minimum, should include:

a. Name and address of the business entity submitting the bid;

b. Date established;

c. Ownership (public company, partnership, subsidiary, etc.);

d. Primary type of business and number of years conducting primary business; and

e. National accreditation, memberships in professional associations or other similar credentials.

Narrative/Record of Past Experience The purpose of this section is to provide DOS with a basis for determining the Vendor’s direct experience that is relevant to the requirements of this solicitation.

The contractor’s bid should describe your ability to provide the complete scope of services required.

Tab 2 – Project Staff The Contractor shall provide with their submittal the resumes and/or documentation regarding the specific staff who will be directly responsible for administration or administrative oversight of the contract and for provision of services requested in this ITB. Please include the number of staff needed to complete the project on-site, if applicable.

4.4 SECTION THREE – Price Sheet

Tab 1 – Attachment C – Price Sheet Each Contractor shall use the form provided as Attachment C, “Price Sheet”, to provide unit rates for the services requested in this solicitation. All price sheet calculations will be verified for accuracy by the Department. If mathematical error(s) in a Contractor’s price sheet(s) calculations are identified, unit prices submitted by the C o n t r a c t o r will be used to determine the total price for that Contractor.

Any qualifications, counter offers, deviations or challenges shall render the bid non-responsive.

The prices provided shall include the cost of all necessary activities to accomplish the project including, but not limited; MyFloridaMarketPlace transaction fees; miscellaneous expenses (i.e., overhead, fringe benefits, etc.); travel and incidental expenses.

END OF SECTION 4

SECTION 5 – BID SUBMITTAL REQUIREMENTS

5.1 Mandatory Responsiveness Requirements

The Department will not review Bids from Contractors that do not meet the minimum requirements listed below.

Provide a signed Form 1 - Mandatory Responsiveness Requirements, and provide the required documentation requested in this subsection.

5.1.1 The Contractor must certify that the person submitting the Bid and its pricing is authorized to respond to this ITB on the ’s behalf.

5.1.2 The Vendor must certify that the Vendor will accept the formal Contract terms and conditions as stated herein, without qualifications or exception.

5.1.3 The Vendor must certify that the Vendor is in compliance with Section 9 of the

PUR 1001 form as modified by Section 3.1 herein.

5.1.4 The Vendor must certify that the Vendor is not a Discriminatory Vendor or Convicted Vendor as defined in Sections 7 and 8 of the PUR 1001.

5.1.5 The Contractor must certify the Contractor is not on the Scrutinized Companies with Activities in Sudan List, the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or the Scrutinized Companies that Boycott Israel List, and is not participating in a boycott of Israel.

Note: The certifications required in subsections 5.1.1 through 5.1.5 are to be accomplished through the execution of Form 1 – Responsiveness Requirements.

5.1.6 The Contractor must submit proof of Articles of Incorporation, or other legal recognition as a business entity by a state or territory of the United States, and/or Florida Department of State Registration.

Note: Florida Statutes require out-of-state business entities transacting business in

Florida to register or obtain authorization from the Florida Department of State, Division of Corporations, to transact business in this state. See sections 605.0903, 607.1501, 607.1503, 620.1902, 620.1903 or either applicable statute(s). If not already registered or authorized, the Contractor agrees to attain such authorization within seven (7) business days of notice of award, should the Contractor be awarded.

Website: www.sunbiz.org

5.1.7 The Contractor must submit their Bid in accordance with Section 4 of this ITB.

http://www.sunbiz.org/

5.2 How to Submit a Bid

Contractors shall submit the bid in (a) properly marked, sealed box(es) containing the following:

5.2.1 One (1) signed original un-redacted bound version of the Bid with one (1) un-redacted, bound copy.

5.2.2 One (1) scanned copy of the entire Bid in Adobe (.pdf) on a CD or USB flash drive.

Note: Large files should be scanned as separate files.

5.2.3 One (1) electronic redacted copy of the entire Bid on a CD or USB flash drive (if applicable, as described in Section 3.13 of this ITB).

Electronic files should be logically named and easily mapped to the hard copy submittal. The electronic media should be clearly labeled in the same manner as the hard copies.

If a Respondent fails to submit the electronic, signed copies with its Bid, the Department reserves the right to contact the Contractor by telephone for submission of this document via email. This right will be exercised only when the Bid has met all other requirements of the ITB.

5.3 Delivery of Bid

It is the Respondent’s responsibility to ensure their Bid is delivered to the proper place and by the deadline stipulated in the Timeline of Events. Bids must be submitted in a sealed envelope/package by U.S. Mail, express or expedited courier delivery service, private courier, or hand delivery.

Notwithstanding Section 3 of the “State of Florida PUR 1001 (10/06) General Instructions to Respondents”, the Department of State does not accept Electronic Submission of Bids.

The DOS Building is a secured facility, if you are hand-delivering the Bid, please allow for sufficient time to gain access into the building. BIDS RECEIVED AFTER THE EXACT TIME SPECIFIED WILL NOT BE CONSIDERED. The Department’s clocks will provide the official time for Bid receipt. The shipping package should be addressed as follows:

Attention:

David Shufflebotham. Procurement Officer Florida Department of State, Division of Administrative Services, Purchasing Office 500 S. Bronough Street – Room 428 Tallahassee, Florida 32399-0250

Respondent’s Name

Solicitation Number: ITB No.: DOS-ITB-22/23-048 Title: Microfiche Imaging Conversion Bid Opening: March 30, 2023 at 3:00 P.M. EST

The Department is not responsible for opening improperly marked Bids.

5.4 Scrutinized Companies Lists (Contracts for $1 million or more) Section 287.135, Florida Statutes, prohibits agencies from contracting with companies, for goods or services over $1,000,000, that are on either 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 are engaged in business operations in Cuba or Syria.

In executing a contract, the Contractor certifies that it is not listed on either the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with activities in the Iran Petroleum Energy Sector List, and is not engaged in business operations in Cuba or Syria. The Vendor understands that pursuant to section 287.135, Florida Statutes, the submission of a false certification may subject it to civil penalties, attorney’s fees, and/or costs; and that any contract with the Department for goods or services of $1 million or more may be terminated at the option of the Department if the Contractor is found to have submitted a false certification or has been placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or has been engaged in business operations in Cuba or Syria.

5.5 Bid Opening

A public opening will be conducted at the time and date specified in Section 2.3, Timeline of Events in the Purchasing Office located at R.A. Gray Building, 500 S.

Bronough Street, Conference Room 428, Tallahassee, Florida, 32399-0250.

The public opening will be conducted on the time and date specified in Section 2.3, Timeline of Events, and public can attend via conference call by using the information below.

Conference Call Number: 1-888-585-9008 Room Number: 666-567-017 After the public opening, the name(s) of all Vendors submitting bids can be made available to interested parties upon request to the Procurement Officer.

After the public opening, the name(s) of all Vendors submitting Bids shall be made available to interested parties upon request to the Procurement Officer listed in Section 1.5.

5.6 Bid Administrative Review

The Department reserves the right to accept or reject any and all bids failing to meet mandatory responsiveness requirements, or containing material deviations, or separate portions, and to waive any minor irregularity, technicality, or omission if the Department determines that doing so will serve the State’s best interest. Additionally, the Department reserves the right to reject any and all bids and to re-solicit if in the best interest of the Department.

Respondents are responsible for thoroughly reviewing the specifications of this

ITB.

5.6.1 Non-Responsive Replies

Each Vendor shall submit a Bid that meets all material requirements of this ITB. The Department will review Bids to determine the material requirements as outlined in the ITB. The Department seeks to maximize competition and reserves the right to seek clarification from Vendor to obtain non-material information to complete a responsiveness review. Failure of a Vendor to provide required information may cause a Vendor to be deemed Non- Responsive and therefore be disqualified from further consideration.

Non-Responsive Bids may include, but are not limited to, those which:

• fail to utilize, complete, and/or submit the mandatory prescribed forms;

• include terms and conditions contrary to the requirements of this solicitation;

• do not contain original authorized signatures;

• contain Technical or Bid information contrary to those outlined in this solicitation; and

• are not in conformance with the requirements and instructions contained herein.

A NON-RESPONSIVE BID WILL NOT BE CONSIDERED UNLESS, AT THE

DEPARTMENT’S DISCRETION, THE DISCREPANCY DOES NOT PREVENT

REVIEW OF THE BID BY THE DEPARTMENT AND CAN BE EASILY AND

QUICKLY REMEDIED.

The Department reserves the right to wave minor irregularities in a Bid. A minor irregularity is a variation of a technical nature to this Solicitation which does not affect the price of the Bid or give the Vendor(s) a substantial or unfair advantage over other Vendors. At its sole discretion, the Department may request a Vendor to provide clarifying information or additional materials to correct a minor irregularity. However, the Department will not request, and the Vendor shall not provide, additional materials that affect the price of the Bid or give the Vendor an advantage or benefit not provided to all responding Vendors.

5.6.2 Disqualification for Non-Responsibility

The Department reserves the right to utilize sources other than those identified by the Vendor to obtain additional information regarding the Vendor’s capability of fully performing a Contract for the services outlined in this solicitation as well as its integrity and reliability to assure good faith performance. Information obtained from additional sources may be used to determine whether the Vendor is a responsible vendor. The Department will reject the Solicitation submitted by any Vendor deemed irresponsible.

Such additional sources may include, but are not limited to, news sources; court filings; internet searches; and online-reports available from state or federal agencies. Factors that may result in finding that the Vendor is not a responsible vendor include, but are not limited to, filing for bankruptcy or insolvency;

conviction of a crime by any corporate officer involving fraud; dishonesty, unfair or deceptive trade practices; bid or price fixing; or any other offense related to corporate business practices or having a Contract with any state or governmental entity terminated for breach or for failure to perform within the past three (3) years.

5.6.3 Material Deviations

The Department has established certain requirements with respect to Bids to be submitted by Vendors. The use of shall, must, or will (except to indicate simple futurity) in this Invitation to Bid indicates a requirement or condition from which a material deviation may not be waived by the Department.

A deviation is material if, in the Department's sole discretion, the deficient Bid is not in substantial accord with this ITB requirements, provides an advantage to one Vendor over other Vendors, has a potentially significant effect on the quantity or quality of items proposed, or on the cost to the Department, or otherwise adversely impact the Department’s interest. Material deviations cannot be waived and shall be the basis for rejection of a Bid.

5.6.4 Changes to Bid

No substitutions, variations or changes to Contract terms, conditions or specifications will be permitted or acknowledged unless approved, in writing, by the Department’s Purchasing Office. Rule 60A-1.002(11), Florida Administrative Code (F.A.C.), specifically prohibits modification of a Bid after Bids are opened.

Therefore, any changes or variations to the original Contract terms, conditions or specifications must have the written approval of the Purchasing Office prior to the opening date.

5.6.5 Withdrawal of Bid

A Vendor may withdraw a Bid by written notice to the Department on or before the deadline specified in Section 2.3, Timeline of Events. Such written notice is to be submitted to the Procurement Officer.

5.6.5 Bid Preparation Cost

The Department is not liable for any costs incurred by a Vendor in responding to this ITB, including those for oral presentations, if applicable.

END OF SECTION 5

SECTION 6 – SELECTION METHODOLOGY

6.1 Basis of Award

The Department intends to award this ITB to the responsive and responsible Vendor who submits the lowest priced responsive bid. The prices submitted may be evaluated using present-value methodology.

6.2 Posting of Award

The Notice of Agency Decision will be posted on the anticipated date shown in the Section 2.3, Timeline of Events, and will remain posted for a period of seventy-two

(72) hours (Saturdays, Sundays and State holidays shall be excluded in the computation of the seventy-two (72) hour time period). Vendors 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 or as provided in the Solicitation documents.

Violation of this provision may be grounds for rejecting a response.

Posting will be made available on the Florida Vendor Information Portal at:

https://vendor.myfloridamarketplace.com/search/bids and the Department of State’s Purchasing located in Tallahassee, FL.

The Department shall not be obligated to pay for information obtained from or through any Vendor prior to entering into a Contract with the successful Vendor.

6.3 Notice of Protest

Pursuant to Section 120.57(3), Florida Statutes and PUR 1001 Section 20, any Vendor who is adversely affected by the Department's recommended award or intended decision must file a Notice of Protest or Formal Written Protest with the Agency Clerk in the Department’s Office of General Counsel, at:

DOS.GeneralCounsel@DOS.MyFlorida.com. Failure to file a protest within the time prescribed in subsection 120.57(3), Florida Statutes, or failure to post the bond or other security required by law within the time allowed for filing a bond shall constitute a waiver of proceedings under chapter 120, Florida Statutes.

END OF SECTION 6

ATTACHMENT A

QUESTIONS SUBMITTAL FORM

Vendor Question Number

ITB Page Number, Section Number, Subscription Reference

Vendor Question

*Add additional rows or pages as necessary.

ATTACHMENT B

STATEMENT OF WORK/SPECIFICATIONS

I. Overview A. The Florida Department of State, Division of Corporations serves as the State of Florida’s official business entity index. The Division is a filing agency with two broad functional services; formalizing the legal standing of a business or activity by accepting and indexing the filing or registration, and supplying information and certification regarding the filings of the activities of record. Filings and registrations are a public record and in accordance of with Florida Public Record’s law, chapter 119, Florida Statutes, a copy of a filing or registration is to be retained and made available to the public. The Division maintains over 8 million records, including almost 4 million active filings and registrations. Starting in 1996, the Division of Corporations began archiving a digital image of the annual report filing, and in mid-1997 began imaging all filings and posting the images on the SUNBIZ.ORG website.

Prior to 1996, all filings and registrations are microfilmed and stored on microfiche and are not available on the SUNBIZ.ORG website.

Microfilm is an outdated technology and presents many challenges. Reader printer machines used to view and print paper copies are no longer supporter, parts and service are very difficult to obtain. Microfiche duplicating equipment has limited support as well. It is even difficult to obtain replacement jackets for microfiche for when the jackets tear, or glue deteriorates.

It is the Division’s desire, through a phased approached to convert the microfiche records to a digital image and the image be available on the SUNBIZ.ORG website. The Division has been appropriated $500,000.00 for the conversion of the microfiche to digital images for fiscal year 2022/2023.

Through a phased approach, the vendor will convert the microfiche records to a digital image and the image will be available on the SUNBIZ.ORG website. The microfiche will be stored at the Division of Corporations, located at 2415 N. Monroe Street, Suite 810, Tallahassee, FL 32303. Currently, there are 40 cabinets housing the microfiche. Nineteen

(19) of the cabinets have nine (9) drawers with two (2) rows of microfiche in each drawer.

Thirty-one (31) cabinets have ten (10) drawers with three (3) rows of microfiche in each drawer. There are approximately 2.3 million microfiche cards that need to be digitized. The microfiche are 16mm size images and the microfiche card is 6 inches x 4 inches.

Documents filed with the Division of Corporations are assigned charter/registration number.

This number does not change. Filings up to late October of 1992 were assigned a 6 digit charter number starting with either a number or letter.

The numbers and letters used were:

0, 1*, 2*, 3, 4, 5, 6, 7, 8 and 9 A*, B*, C, D, E, F, G, H, J, K, L, M, N, P, Q, S, T, U, V, Z

*Note: For those items with an asterisk ( * ), the microfiche for the 1 is indexed with an A, 2 is indexed as B, and A is indexed as LP.

Starting in late October of 1992 a 12 digit charter number starting with a letter is assigned to documents filed with the Division of Corporations. The letters used are:

A, B, C, D, E, F, L, M, N, P, Q, T, X

Each microfiche is indexed with the document number. The document number will never change.

It is the Department’s preference for the microfiche imaging conversion to be completed on-site at the Division of Corporations; however, it is not a requirement. The Division will provide on-site accommodations for the Vendor’s staff.

1. The work shall be completed in Leon County, Florida. The vendor bids shall be inclusive of all costs necessary to complete the work in Leon County.

2. The Vendor shall be responsible for the transportation and delivery of all records as cataloged in the index included with the microfiche records.

3. The Vendor shall provide copies of the records in their possession to the

Division if a time sensitive records request is made.

II. Contractor Responsibilities A. Deliverables. The contractor shall provide the following deliverables;

1. Digital scanning of the microfiche record in a Tag Image File Format (TIFF).