DOT-RFP-26-1150-LE.pdf

RFPSHELL. 4/11/2024

State of Florida Department of Transportation

REQUEST FOR PROPOSAL

Transportation Systems Management & Operations Intelligent Transportation Systems IT Contract

DOT-RFP-26-1150-LE

CONTACT FOR QUESTIONS:

Leslie English, Procurement Agent D1-Purchasing@dot.state.fl.us

Phone: 863-519-2581 801 N. Broadway Ave.

Bartow, FL 33830

State of Florida Department of Transportation

District One Procurement Office 801 North Broadway Avenue

Bartow, FL 33830

REQUEST FOR PROPOSAL REGISTRATION

PLEASE COMPLETE AND RETURN THIS FORM ASAP

E-MAIL TO D1-Purchasing@dot.state.fl.us

RFP Number: DOT-RFP-26-1150-LE

Title: Transportation Systems Management & Operations Intelligent Transportation Systems IT Contract

Proposal Due Date & Time (On or Before): 7-29-2025 @ 9:00 AM

Potential proposers should notify our office by returning this Registration Form as soon as possible after downloading. Complete the information below and e-mail to Leslie English, D1- Purchasing@dot.state.fl.us

THE REQUEST FOR PROPOSAL DOCUMENT YOU RECEIVED IS SUBJECT TO

CHANGE. Notice of changes (Addenda), will be posted on the Florida Vendor Information Portal at https://vendor.myfloridamarketplace.com/, under this bid number, click on “Search Advertisements”, click on the drop-down arrow beside the box under Advertisement Type, select Request for Proposal, click on the drop-down arrow beside the box for Organization, select FLORIDA DEPARTMENT OF TRANSPORTATION, then go to the bottom of the same page and click on Advertisement Search. It is the responsibility of all potential bidders to monitor this site for any changing information prior to submitting your bid.

Company Name:

Address:

City, State, Zip:

Telephone: ( ) Contact Person:

E-Mail Address: __________________________________________________

For further information on this process, e-mail or telephone: Leslie English: D1-Purchasing@dot.state.fl.us

Price Proposal Page 1 of 5

DOT-RFP-26-1150-LE

Exhibit “C”

Price Proposal

Florida Department of Transportation – District 1

TSM&O ITS IT Contract

The items below are the definite or known items that will be required on this contract.

TABLE 1 – The Consultant specifies a lump sum yearly unit price which shall be a “loaded” rate, including all costs for providing ALL the services as specified in the Scope of Services, Exhibit A of this contract. The “Loaded Rates” shall be for the duration of the five-year contract term and shall include the CONSULTANT’s staff salaries, overhead, fringe benefits, sub-consultant costs and operating margin.

TABLE 1

LUMP SUM - TSM&O ITS IT Services

Services

VENDOR'S Price Per Year ( LUMP

SUM)

*VENDOR'S total Price for

5 Years (LUMP SUM)

Project Management

IT Services

TOTAL

*The DEPARTMENT reserves the right to correct any mathematical errors if calculated improperly

TABLE 2 - TRANSITION PERIOD

The DEPARTMENT shall provide the CONSULTANT with a pre-established amount of $50,000 for the Transition Period based on Exhibit A - Scope of Services. This amount is not intended to cover all the costs associated with this Transition.

Total $50,000

Price Proposal Page 2 of 5

TABLE 3 – Loaded Bill Rates for additional, optional, or emergency services.

The DEPARTMENT does not guarantee any minimum or maximum amount of work under this section. The DEPARTMENT shall assign work through a Letter of Authorization or a Task Work

Order on an as needed basis. The CONSULTANT shall provided loaded bill rates for all job classifications listed below. This shall include the staff salaries, overhead, fringe benefits, and operating margins. The billing rates shall be “Loaded Billing Rates” for the duration of the 5-year contract term.

TABLE 3- LOADED BILL RATES

Optional or Emergency Services

Contract Reference

Position Title Vendor's Unit Rate per Hour

7.1 *Project Manager

7.2 *IT Manager

7.4 *Network Administrator I

7.5 *IT Technician II

7.6 *IT Technician I

7.7 *IT Security Specialist

7.9 *Administrative Assistant

7.12 *Software Development

7.14 *Infrastructure Architect/Network Admin III

*REQUIRED POSITION

OPTIONAL

7.13 IT Project Development Manager

7.3 Network Administrator II

7.8 IT Security Technician

7.10 Data Specialist

7.11 Software Developer I

7.15 TMC IT Director

7.16 Connected Vehicle Specialist

7.17 Connected Vehicle Technician

Price Proposal Page 3 of 5

Table 4 Loaded Billing Rates for the additional staff categories that the vendor included in the Technical Proposal – Additional/Optional Services

The DEPARTMENT will not guarantee any minimum or maximum amount of work under this section. The DEPARTMENT, at its sole discretion, shall assign work on an as-needed basis. The staff categories to be noted here are the additional staff categories that the VENDOR included in the Technical Proposal in addition to the minimum staff categories required in the scope of services, Exhibit A. Provide loaded billing rates for these job classifications. The loaded billing rates for the job classifications listed below shall include VENDOR’S staff salaries, overhead, fringe benefits, sub-consultant costs and operating margin. These billing rates shall be a "Loaded Billing Rate" for the duration of the five (5) year contract term. Work assignments shall be negotiated by the parties based on the billing rates established below. Add additional rows as needed to include all the staff categories included in the technical proposal on top of the minimum required by the scope of services.

Position Title VENDOR's Unit Rate Per Hour

Price Proposal Page 4 of 5

The CONSULTANT may list any innovative proposals for consideration on this contract. The

CONSULTANT is to provide additional cost information based on the concepts and strategies presented in the Technical Proposal. If the DEPARTMENT decides to pursue a proposal, a contract amendment shall be made to the contract.

Item # Item

MFMP Transaction Fee: All payment(s) to the vendor resulting from this competitive solicitation WILL be subject to the MFMP Transaction Fee in accordance with the referenced Form PUR 1000 General Contract Condition #14. The Transaction Fees imposed shall be based upon the date of issuance of the payment.

NOTE: In submitting a response, the proposer acknowledges they have read and agree to the solicitation terms and conditions, and their submission is made in conformance with those terms and conditions.

ACKNOWLEDGEMENT: I certify that I have read and agree to abide by all terms and conditions of this solicitation and that I am authorized to sign for the proposer. I certify that the response submitted is made in conformance with all requirements of the solicitation.

Price Proposal Page 5 of 5

PROPOSER: ________________________________________________________________________

FEID #: _____________________________________________________________________________

Address: ___________________________________________________________________________

Authorized Signature Date

Printed Name Title

STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION

DRUG-FREE WORKPLACE PROGRAM CERTIFICATION

375-040-18

PROCUREMENT

03/17

287.087 Preference to businesses with drug-free workplace programs. --Whenever two or more bids, proposals, or replies that are equal with respect to price, quality, and service are received by the state or by any political subdivision for the procurement of commodities or contractual services, a bid, proposal, or reply received from a business that certifies that it has implemented a drug-free workplace program shall be given preference in the award process. In order to have a drug-free workplace program, a business shall:

(1) Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition.

(2) Inform employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations.

(3) Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (1).

(4) In the statement specified in subsection (1), notify the employees that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than 5 days after such conviction.

(5) Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community by, any employee who is so convicted.

(6) Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section.

Does the individual responding to this solicitation certify that their firm has implemented a drug-free workplace program in accordance with the provision of Section 287.087, Florida Statutes, as stated above?

YES

NO

NAME OF BUSINESS:

STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 375-030-60

Florida Statutes VENDOR CERTIFICATION REGARDING PROCUREMENT

287.135 SCRUTINIZED COMPANIES LISTS OGC – 06/18

Respondent Vendor Name: _____________________________________________________

Vendor FEIN: ___________________

Vendor’s Authorized Representative Name and Title: ___________________________________

Address: ______________________________________________________________________

City: _____________________ State: _____________________________ Zip: ______________

Phone Number: ____________________________________

Email Address: _

Section 287.135, Florida Statutes prohibits a company from bidding on, submitting a proposal for, or entering into or renewing a contract for goods or services of any amount if, at the time of contracting or renewal, the company is on the Scrutinized Companies that Boycott Israel List, created pursuant to Section 215.4725, Florida Statutes, or is engaged in a boycott of Israel. Section 287.135, Florida Statutes, also prohibits a company from bidding on, submitting a proposal for, or entering into or renewing a contract for goods or services of $1,000,000 or more, that are on either the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector Lists which were created pursuant to s. 215.473, Florida Statutes.

As the person authorized to sign on behalf of Respondent, I hereby certify that the company identified above in the section entitled “Respondent Vendor Name” 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, or the Scrutinized Companies that Boycott Israel List. I further certify that the company is not engaged in a boycott of Israel. I understand that pursuant to section 287.135, Florida Statutes, the submission of a false certification may subject company to civil penalties, attorney’s fees, and/or costs.

Certified By: __________________________________________________________ who is authorized to sign on behalf of the above referenced company.

Authorized Signature Print Name and Title: _________________________________________

Date:

E-VERIFY

375-031-06

PROCUREMENT

OGC – 10/21

Contract No:

Financial Project No(s):

Project Description:

In accordance with the contract, the Vendor/Consultant/Contractor hereby acknowledges and certifies compliance with Section 448.095, Florida Statutes. The Vendor/Consultant/Contractor shall register with and use the E-Verify system to verify the work authorization status of all newly hired employees. The Vendor/Consultant/Contractor shall utilize the U.S. Department of Homeland Security’s E-Verify system, in accordance with the terms governing use of the system. The Vendor/Consultant/Contractor shall comply with Section 448.095, Florida Statutes, for the duration of the contract term, including any extensions or renewal periods.

Company/Firm:

Authorized Signature:

Title:

IN-STATE PREFERENCE FORM

For Invitation-to-Bid Commodity

375-040-56

OGC – 03/13

Bid Number:

Pursuant to Section 287.084, Florida Statutes, relating to the Florida-based business preference, effective

July 1, 2012:

In a competitive solicitation in which the lowest bid is submitted by a vendor whose principal place of business is located outside the state of Florida and that state where the vendor’s principal place of business is located does not grant a preference in competitive solicitation to vendors having a principal place of business in that state, the preference to the lowest responsible and responsive vendor having a principal place of business in this state shall be 5 percent.

Note: The Vendor is required to complete and submit this form with its bid to be considered for this preference.

Vendor Name:

Vendor FEIN:

The Vendor (does ) (does not ) have a principal place of business located in the state of Florida.

If so, please provide an address:

Note: A vendor whose principal place of business is outside the state of Florida must accompany any written bid documents with a written opinion of an attorney licensed to practice law in that foreign state, as to the preferences, if any or none, granted by the law of that state to its own business entities whose principal places of business is in that foreign state in the letting of any or all public contracts.

Authorized Signature:

MBE PLANNED UTILIZATION

375-040-24

03/17

PROCUREMENT NO. FINANCIAL PROJECT NO.

(DEPARTMENT USE ONLY)

DESCRIPTION:

I, , (name) (title) of plan to subcontract at least % (percent) of the project costs on the above referenced project to Minority

Business Enterprises.

If I have indicated above that a portion of the project costs will be subcontracted to MBE(s), the firms considered as proposed subconsultants/contractors and the types of services or commodities to be subcontracted are as follows:

MBE SUBCONSULTANTS/CONTRACTORS TYPES OF SERVICES/COMMODITIES

I understand that I will need to submit Minority Business Enterprises (MBE) payment certification forms to the Department for reporting purposes only.

Signed:

ANTICIPATED DBE PARTICIPATION STATEMENT

375-040-63

PROCUREMENT

02/07

The Prime contractor is encouraged to complete this form and submit this form with your bid/price proposal/reply.

Submission of this form is not mandatory.

Procurement Number:

Contractor's Name:

Contractor's FEID Number:

Is the prime contractor a Florida Department of Transportation Certified Disadvantaged Business Enterprise (DBE)?

( yes ) ( no )

Expected amount of contract dollars to be subcontracted to DBE(s): $

OR

It is our intent to subcontract % of the contract dollars to DBE(s). Listed below are the proposed DBE sub-contractors:

DBE (s) Name Type of Work/Specialty Dollar Amount/Percentage

Submitted by: Title:

(Type or Print)

Date:

Note: This information is used to track and report anticipated DBE participation in FDOT contracts. The anticipated DBE amount will not become part of the contractual terms.

375-040-40

09/23

STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION

TERMS FOR FEDERAL AID CONTRACTS (APPENDIX I):

CONTRACT (Purchase Order) #

During the performance of this Agreement, the contractor, for itself, its assignees and successors in interest (hereinafter referred to as the “Contractor”) agrees as follows:

A. It is understood and agreed that all rights of the Florida Department of Transportation relating to inspection, review, approval, patents, copyrights, and audit of the work, tracing, plans, specifications, maps, data, and cost records relating to this Agreement shall also be reserved and held by authorized representatives of the United States of America.

B. It is understood and agreed that, in order to permit federal participation, no supplemental agreement of any nature may be entered into by the parties hereto with regard to the work to be performed hereunder without the approval of U.S. Department of Transportation (hereinafter “USDOT”), not withstanding anything to the contrary in this Agreement.

C. Compliance with Regulations: The Contractor shall comply with the regulations relative to nondiscrimination in Federally-assisted programs of the USDOT, Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to time, (hereinafter referred to as the Regulations), which are herein incorporated by reference and made a part of this Agreement.

D. Nondiscrimination: The Contractor, with regard to the work performed during the Agreement, shall not discriminate on the basis of race, color, national origin, sex, age, disability, religion or family status in the selection and retention of subcontractors, including procurements of materials and leases of equipment.

The Contractor shall not participate either directly or indirectly in the discrimination prohibited by section

21.5 of the Regulations, including employment practices when the Agreement covers a program set forth in Appendix B of the Regulations.

E. Solicitations for Subcontractors, including Procurements of Materials and Equipment: In all solicitations made by the Contractor, either by competitive bidding or negotiation for work to be performed under a subcontract, including procurements of materials or leases of equipment; each potential subcontractor or supplier shall be notified by the Contractor of the Contractor’s obligations under this Agreement and the Regulations relative to nondiscrimination on the basis of race, color, national origin, sex, age, disability, religion or family status.

F. Information and Reports: The Contractor shall provide all information and reports required by the

Regulations or directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the Florida Department of Transportation, the Federal Highway Administration, Federal Transit Administration, Federal Aviation Administration, and/or the Federal Motor Carrier Safety Administration to be pertinent to ascertain compliance with such Regulations, orders and instructions. Where any information required of a Contractor is in the exclusive possession of another who fails or refuses to furnish this information the Contractor shall so certify to the Florida Department of Transportation, the Federal Highway Administration, Federal Transit Administration, Federal Aviation Administration, and/or the Federal Motor Carrier Safety Administration as appropriate, and shall set forth what efforts it has made to obtain the information.

G. Sanctions for Noncompliance: In the event of the Contractor’s noncompliance with the nondiscrimination provisions of this Agreement, the Florida Department of Transportation shall impose such contract sanctions as it or the Federal Highway Administration, Federal Transit Administration, Federal Aviation Administration, and/or the Federal Motor Carrier Safety Administration may determine to be appropriate, including, but not limited to:

a. withholding of payments to the Contractor under the Agreement until the Contractor complies, and/or

b. cancellation, termination or suspension of the Agreement, in whole or in part.

H. Incorporation of Provisions: The Contractor shall include the provisions of paragraphs (C) through (I) in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Regulations, or directives issued pursuant thereto. The Contractor shall take such action with respect to any subcontract or procurement as the Florida Department of Transportation, the Federal Highway Administration, Federal Transit Administration, Federal Aviation Administration, and/or the Federal Motor Carrier Safety Administration may direct as a means of enforcing such provisions including sanctions for noncompliance. In the event a Contractor becomes involved in, or is threatened with, litigation with a sub-contractor or supplier as a result of such direction, the Contractor may request the Florida Department of Transportation to enter into such litigation to protect the interests of the Florida Department of Transportation, and, in addition, the Contractor may request the United States to enter into such litigation to

09/23

STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION

TERMS FOR FEDERAL AID CONTRACTS (APPENDIX I):

protect the interests of the United States.

I. Compliance with Nondiscrimination Statutes and Authorities: Title VI of the Civil Rights Act of 1964 (42

U.S.C. § 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin);

and 49 CFR Part 21; The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. § 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal-aid programs and projects); Federal-Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), (prohibits discrimination on the basis of sex); Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended, (prohibits discrimination on the basis of disability); and 49 CFR Part 27; The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.), (prohibits discrimination on the basis of age); Airport and Airway Improvement Act of 1982, (49 USC § 471, Section 47123), as amended, (prohibits discrimination based on race, creed, color, national origin, or sex); The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms “programs or activities” to include all of the programs or activities of the Federal-aid recipients, sub-recipients and contractors, whether such programs or activities are Federally funded or not); Titles II and III of the Americans with Disabilities Act, which prohibit discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities (42 U.S.C. §§ 12131 -- 12189) as implemented by USDOT regulations at 49 C.F.R. parts 37 and 38; The Federal Aviation Administration’s Non-discrimination statute (49 U.S.C. § 47123) (prohibits discrimination on the basis of race, color, national origin, and sex); Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations, which ensures non-discrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations; Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of limited English proficiency (LEP). To ensure compliance with Title VI, you must take reasonable steps to ensure that LEP persons have meaningful access to your programs (70 Fed. Reg. at 74087 to 74100); Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education programs or activities (20 U.S.C. 1681 et seq).

J. Interest of Members of Congress: No member of or delegate to the Congress of the United States shall be admitted to any share or part of this Agreement or to any benefit arising therefrom.

K. Interest of Public Officials: No member, officer, or employee of the public body or of a local public body during his tenure or for one year thereafter shall have any interest, direct or indirect, in this contract or the proceeds thereof. For purposes of this provision, public body shall include municipalities and other political subdivisions of States; and public corporations, boards, and commissions established under the laws of any State.

L. Participation by Disadvantaged Business Enterprises (“DBE”): The Contractor shall agree to abide by the following statement from 49 CFR 26.13(b). The statement that follows shall be included in all subsequent agreements between the Contractor and any sub-contractor or contractor:

“The contractor, sub recipient or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of DOT-assisted contracts. Failure by the contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as the recipient deems appropriate.”

Pursuant to 49 CFR 26.11(c) , the Contractor shall submit the bid opportunity list at the time of contract execution, and shall enter DBE commitment and payment information in the Florida Department of Transportation’s Equal Opportunity Compliance (EOC) system. The Contractor shall request access to the EOC system using Form No. 275-021-30.

M. It is mutually understood and agreed that the willful falsification, distortion or misrepresentation with respect to any facts related to the project(s) described in this Agreement is a violation of the Federal Law. Accordingly, United States Code, Title 18, Section 1020, is hereby incorporated by reference and made a part of this Agreement.

N. It is understood and agreed that if the Contractor at any time learns that the certification it provided the

Florida Department of Transportation in compliance with 49 CFR, Section 26.51, was erroneous when submitted or has become erroneous by reason of changed circumstances, the Contractor shall provide immediate written notice to the Florida Department of Transportation. It is further agreed that the clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion - Lower Tier Covered Transaction" as set forth in 49 CFR, Section 29.510, shall be included by the Contractor in all lower tier covered transactions and in all aforementioned federal regulation.

09/23

TERMS FOR FEDERAL AID CONTRACTS (APPENDIX I):

O. The Florida Department of Transportation hereby certifies that neither the Contractor nor the

Contractor's representative has been required by the Florida Department of Transportation, directly or indirectly as an express or implied condition in connection with obtaining or carrying out this Agreement, to

1. employ or retain, or agree to employ or retain, any firm or person, or

2. pay, or agree to pay, to any firm, person, or organization, any fee, contribution, donation, or consideration of any kind;

The Florida Department of Transportation further acknowledges that this Agreement will be furnished to a federal agency, in connection with this Agreement involving participation of Federal-Aid funds, and is subject to applicable State and Federal Laws, both criminal and civil.

P. The Contractor hereby certifies that it has not:

1. employed or retained for a commission, percentage, brokerage, contingent fee, or other consideration, any firm or person to solicit or secure this contract (except a bona fide employee or Agency); or

2. agreed, as an express or implied condition for obtaining this contract, to employ or retain the services of any firm or person in connection with carrying out this contract; or

3. paid, or agreed to pay, to any firm, organization or person any fee contribution, donation, or consideration of any kind for, or in connection with, procuring or carrying out the contract (except a bona fide employee or Agency).

The Contractor further acknowledges that this Agreement will be furnished to the Florida Department of Transportation and a federal agency in connection with this contract involving participation of Federal-Aid funds, and is subject to applicable State and Federal Laws, both criminal and civil.

Q. Federal-aid projects for highway construction shall comply with the Buy America provisions of 23 CFR 635.410, as amended (where applicable).

R. Except as otherwise provided under 41 CFR Part 60, all contracts that meet the definition of federally assisted construction contract” in 41 CFR Part 60-1.3 shall comply with the equal opportunity clause provided under 41 CFR 60-1.4(b), in accordance with Executive Order 11246, “Equal Employment Opportunity” (30 FR 12319, 12935, 3 CFR Part, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, “Amending Executive Order 11246 Relating to Equal Employment Opportunity,” and implementing regulations at 41 CFR part 60, “Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor” (where applicable).

S. Clean Air Act: The Contractor agrees to comply with applicable standards, orders or regulations issued pursuant to Clean Air Act, as amended, 42 U.S.C. § 7401 et seq.

The Contractor agrees to report each violation to the Department of Transportation (Department) and understands and agrees that the Department will, in turn, report each violation as required to assure notification to the Federal Emergency Management Agency, and the appropriate Environmental Protection Agency Regional Office.

The Contractor agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with Federal assistance provided by FEMA.

T. Federal Water Pollution Control Act: The Contractor agrees to comply with all applicable standards, orders, or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C.

1251 et seq.

The Contractor agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with Federal assistance provided by FEMA.

U. Byrd Anti-Lobbying: Contractors awarded a contract of $100,000 or more shall file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, officer or employee of Congress, or an employee of a Member of Congress in connection with obtaining any Federal contract, grant, or any other award covered by 31 U.S.C. § 1352. Each tier shall also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the recipient who in turn will forward the certification(s) to the awarding agency.

CERTIFICATION FOR DISCLOSURE OF LOBBYING ACTIVITIES ON FEDERAL AID CONTRACTS:

(Compliance with 49CFR, Section 20.100 (b)) (1) The Contractor certifies that: (a) No Federal appropriated funds have been paid or will be paid, by or on behalf of the Contractor, to any person for influencing or attempting to influence either directly or indirectly an officer or employee of any state or

09/23

STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION

TERMS FOR FEDERAL AID CONTRACTS (APPENDIX I):

Federal agency, a member of the Florida Legislature, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. (b) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Agreement, the Contractor shall complete and submit Standard Form-LLL, "Disclosure of Lobbying Activities". (2) This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into.

Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. (3) The Contractor also certifies by signing this contract that the Contractor shall require the language of this certification be included in all lower tier subcontracts, which exceed $100,000 and that all such subrecipients shall certify and disclose accordingly.

DBE BID PACKAGE INFORMATION

275-030-11

EQUAL OPPORTUNITY OFFICE

07/24

DBE Utilization The Department began its DBE race neutral program January 1, 2000. Contract specific goals are not placed on Federal/State contracts; however, the Department has an overall 10.54% DBE goal it must achieve. In order to assist contractors in determining their DBE commitment level, the Department has reviewed the estimates for this letting.

As you prepare your bid, please monitor potential or anticipated DBE utilization for contracts. When the low bidder executes the contract with the Department, information will be requested of the contractor’s DBE participation for the project. While the utilization is not mandatory in order to be awarded the project, continuing utilization of DBE firms on contracts supports the success of Florida’s DBE Program, and supports contractors’ Equal Employment Opportunity and DBE Affirmative Action Programs.

Any project listed as 0% DBE availability does not mean that a DBE may not be used on that project. A 0% DBE availability may have been established due to any of the following reasons: limited identified subcontracting opportunities, minimal contract days, and/or small contract dollar amount. Contractors are encouraged to identify any opportunities to subcontract to DBE’s.

Please contact the Equal Opportunity Office at (850) 414-4747 if you have any questions regarding this information.

DBE Reporting If you are the prime contractor on a project, enter your DBE participation in the Equal Opportunity Compliance system prior to the pre-construction or pre-work conference for all federal and state funded projects. This will not become a mandatory part of the contract. It will assist the Department in tracking and reporting planned or estimated DBE utilization. During the contract, the prime contractor is required to report actual payments to DBE and MBE subcontractors through the web-based Equal Opportunity Compliance (EOC) system.

All DBE payments must be reported whether or not you initially planned to utilize the company. In order for our race neutral DBE Program to be successful, your cooperation is imperative. If you have any questions, please contact EOOHelp@dot.state.fl.us.

Bid Opportunity List The Federal DBE Program requires States to maintain a database of all firms that are participating or attempting to participate on FDOT-assisted contracts. The list must include all firms that bid on prime contracts or bid or quote subcontracts on FDOT-assisted projects, including both DBE’s and non-DBEs.

Please complete the Bidders Opportunity List through the Equal Opportunity Compliance system within 3 business days of submission of the bid or proposal for ALL subcontractors or sub-consultants who quoted to you for specific project for this letting. The web address to the Equal Opportunity Compliance system is: https://www.fdot.gov/equalopportunity/eoc.shtm.

https://www.fdot.gov/equalopportunity/eoc.shtm

DBE BID PACKAGE INFORMATION

275-030-11

EQUAL OPPORTUNITY OFFICE

07/24

DBE/AA Plans Contractors bidding on FDOT contracts are to have an approved DBE Affirmative Action Plan (FDOT Form 275-030-11B) on file with the FDOT Equal Opportunity Office before execution of a contract. DBE/AA Plans must be received with the contractors bid or received by the Equal Opportunity Office prior to the award of the contract.

Plans are approved by the Equal Opportunity Office in accordance with Ch. 14-78, Florida Administrative Code. Plans that do not meet these mandatory requirements may not be approved. Approvals are for a

(3) three year period and should be updated at anytime there is a change in the company’s DBE Liaison Officer and/or President. Contractors may evidence adoption of the DBE/AA Policy and Plan and/or a change in the designated DBE Liaison officer as follows:

Print the first page of the document on company stationery (“letterhead”) that indicates the company’s name, mailing address, phone number, etc.

Print the company’s name in the “___” space; next to “Date” print the month/day/year the policy is being signed; record the signature of the company’s Chief Executive Officer, President or Chairperson in the space next to “by” and print the full first and last name and position title of the official signing the policy.

Print the DBE Liaison’s full name, email address, business mailing address and phone number the bottom of email.

E-mail the completed and signed DBE AA Plan to: eeoforms@dot.state.fl.us.

The Department will review the policy, update department records and issue a notification of approval or disapproval; a copy of the submitted plan will not be returned to the contractor.

Appendix II

INFORMATION TECHNOLOGY RESOURCES

375-040-29

08/23

Agreement (Purchase Order) #:

CHAPTER 60GG-1, F.A.C. – INFORMATION TECHNOLOGY PROJECT MANAGEMENT AND

OVERSIGHT STANDARDS

Governed by the Department of Management Services’ Florida Digital Service (FL[DS]), Chapter 60GG-1, Florida Administrative Code (F.A.C.), Florida Information Technology Project Management and Oversight Standards, establishes project management principles that State Agencies are required to follow when implementing information technology projects. the Department must adhere to the State project management standards and ensure that all project documentation created by the Vendor, the Department, or in collaboration, is developed and maintained in accordance with Chapter 60GG-1 F.A.C. The Vendor must be familiar with the State project management standards and be prepared to satisfy all requirements. It is important for the Vendor to recognize that documentation, monitoring, or reporting requirements may change mid-project, based on the project’s FL[DS] Risk and Complexity Assessment, outlined in 60GG-

1.002. The Vendor must be adaptable to changes required by Chapter 60GG-1 F.A.C., without increasing cost to the Department.

CHAPTER 60GG-2, F.A.C. – FLORIDA CYBERSECURITY STANDARDS

Governed by the Department of Management Services’ Florida Digital Service, Chapter 60GG-2 F.A.C., Information Technology Security, also known as the Florida Cybersecurity Standards (FCS), establishes cybersecurity standards for information technology (IT) resources.

State Agencies are required to follow these standards in the management and operations of state IT resources. The Department must adhere to the Florida Cybersecurity Standards for all IT projects created by the Vendor, Department, or in collaboration. The Vendor must be familiar with the State cybersecurity standards and be prepared to work with the Department to satisfy all requirements.

CHAPTER 60GG-2.002, F.A.C. SYSTEM SECURITY PLANS

In support of the Florida Cybersecurity Standards, 60GG-2 F.A.C. Section 60GG-2.002, F.A.C., the Department requires that all IT systems have a system security plan (SSP). The SSP must address the security setup of the system, ensuring that security controls required by Section 60GG-2.003(5)(g)(4), F.A.C., are in place. The SSP must be submitted by the Vendor and approved by the Department Information Security Manager (ISM) prior to system implementation. The SSP must be completed using the SSP template made available from the Department ISM. The SSP must be submitted during the System Design/Configuration phase to allow time for changes in the security design that may be required. Upon receipt of the SSP, the Department will have ten (10) business days to review. The ISM will respond with feedback, approval, or denial of the plan. The Vendor must allow time for adjustments to the plan and resubmittal to the ISM. After the SSP is approved, the Vendor shall keep the SSP updated as necessary or upon notification by the Department of a deficiency in the SSP. Any change to the SSP must be reviewed by the Department and approved by the ISM.

CHAPTER 60GG-2.002, F.A.C. BACKGROUND CHECKS FOR VENDOR STAFF

Florida Department of Transportation (Department) requires Vendor employees working on systems identified by the Department with a risk factor of moderate or higher to undergo an FBI Level II background check. The Vendor will pay the cost of their employee background checks. The Vendor will utilize the Department’s Originating Agency Identifier (ORI). Contract employees must successfully pass the Level II background check before beginning work on the project.

CHAPTER 60GG-2.002, F.A.C. RISK ASSESSMENTS

The Vendor that operates as a service provider agrees to perform a third-party risk assessment on vendor owned resources that contain Department information. The assessment will follow the schedule below, and create a risk mitigation plan that assigns risk levels and proposed controls. A Plan of Action and Milestones will be shared and communicated with the Department as risk is mitigated. An annual Attestation or Certification from a third-party assessment, or report or proof of certification such as but not limited to a System and Organization Controls (SOC) 2, International Organization for Standardization (ISO) 27001, etc. will be accepted in place of a third-party risk assessment.

Assessment categorization established as per Federal Information Processing Standards (FIPS) 199 Publication standards:

1. High – will be completed every 12 months

2. Moderate – will be completed every 18 months

3. Low – will be completed every 24 months

CHAPTER 60GG-2.005, F.A.C. SECURITY INCIDENT RESPONSE

The Vendor agrees to provide a security incident response plan, which will be added as an addendum to the Department’s overall security incident response plan. The Vendor’s plan shall outline specific actions, response time frames, and roles and responsibilities. The Vendor agrees to align its services with the Department by monitoring and responding to security incidents of Department data and information according to section 282.318, F.S.

In the event of a security incident or breach that involves Department data or IT assets, the Vendor shall within 24 hours of discovery notify the Department’s Information Security Manager (ISM) at ISM@dot.state.fl.us. In addition, the Vendor shall:

1. Take prompt corrective action to cure the incident, and any action pertinent to unauthorized disclosure required by applicable federal and state laws/regulations.

https://www.flrules.org/gateway/ChapterHome.asp?Chapter=60GG-1 https://www.flrules.org/gateway/ChapterHome.asp?Chapter=60GG-2 mailto:ISM@dot.state.fl.us

PROCUREMENT OFFICE

2. To the extent known, the Vendor shall provide daily status updates by 5pm EST to the ISM.

3. Vendor updates will continue until notified by the Department’s ISM and will include:

a. The nature of the unauthorized use or disclosure

b. Any confidential information used or disclosed

c. Who made the unauthorized use or received the unauthorized disclosure

d. What the Vendor has done or shall do to mitigate any deleterious effect of the unauthorized use or disclosure

e. What corrective action the Vendor has taken or shall take to prevent future similar unauthorized use or disclosure

4. When notification of affected persons is required under section 501.171, F.S., the Vendor shall provide such notification, but only after the Department’s written approval of the contents of the notice.

CHAPTER 60GG-4, F.A.C. – Cloud Computing For all Agreements utilizing cloud computing, the Vendor will provide demonstrated protections to ensure that systems provisioned in the cloud are appropriately secure and performant, appropriate to the workload and data hosted, and ultimately ensure the availability, integrity and confidentiality of Department’s data and resources. These protections shall be documented in the Agreement.

Location and Portability of Data:

All data will be geographically located within the continental United States. Remote access to data, other than open data, from outside the United States is prohibited, unless approved in writing by the agency head or designee. The Department maintains data ownership and the Vendor will ensure portability to allow for the transfer of data from one cloud service to another. The portability method will be dependent upon data transfer requirements documented in the Agreement. The portability method shall be through an approved extract, transform, and load (ETL) process or, via an industry common electronic format using standard Application Programming Interface (API). The Vendor will clearly document its data egress charge model as part of any response to a solicitation for services.

Disentanglement Services:

If this Agreement is terminated for convenience or default or upon the Agreement completion date or expiration of the Agreement term or any extensions thereof, the Vendor shall cooperate with the Department to facilitate an effective and efficient transition to the Department’s selected successor for the Services. In the event of such Agreement termination, completion, or expiration, Vendor shall:

a. Provide Disentanglement Services for up to one (1) year from the date of termination, completion, or expiration. Unless otherwise agreed to by the Department in writing, the Vendor’s Payment Schedule, and Price Proposal, including labor rates identified in the Price Proposal, shall apply to all transition Work.

b. Make all operational records, documents, data, Systems, and facilities required to maintain day-to-day Operations of the Services being rendered under this Agreement available before the date of such termination, suspension, or expiration.

c. Make all other records, documents, data, and Software which is licensed to the Department and pertaining to the Services rendered for this Agreement available within thirty (30) Calendar Days upon written notice or as otherwise provided in the executed License Agreement.

d. Provide all staff necessary to facilitate transition and succession.

e. Make all necessary provisions for transferring any leases or sub-leases held by the Vendor to the Department, including without limitation, all keys, security codes and other facility access information or devices.

f. Make all necessary provisions for securing, providing, and/or granting Software licenses, to continue Operations.

Service Level Agreement (SLA) Requirements:

The Vendor’s cloud computing availability, performance, and response shall be measured and reported against Service Metrics developed by the Department. “Service Level Agreement” is the collective set of minimum standards for technology performance as set forth in the Agreement. The Department will identify applicable Service Level requirements, with associated penalties/consequences and include them in the Agreement. The Vendor shall:

a. Implement and utilize its current measurement and monitoring methods, tools, and procedures to track and report Vendor’s cloud computing availability, performance, and response in delivering the Hosting and Environment Services relative to the applicable Service Levels and shall produce a monthly written report to the Department.

b. If the Vendor’s cloud computing availability, performance, and/or response falls below the identified SLAs, the Department will be entitled to specified service penalties/financial consequences, as set forth in the Agreement.

CHAPTER 60GG-5, F.A.C. – Enterprise Architecture To document compliance with the State of Florida Enterprise Architecture: Transforming the Way Florida Purchases and Manages State Technology Resources (EA Document), all new Departmental technology procurements exceeding $195,000 must include the Form FL[DS]-01, Technology Initiative Management Form (FL[DS]-01) and comply with associated requirements.

Prior to the Scheduled Implementation Date for the IT Resource:

The following FL[DS]-01 Domains and associated deliverables must be completed and submitted to FL[DS] prior to implementing the IT resource, in accordance with paragraphs (6) and (7) of Rule 60GG-5.002, F.A.C:

1. Security Domain Deliverables, which include creating and maintaining:

a. A Security Testing deliverable, to include the performance of testing and results demonstrating that the IT resource is secure. Testing includes, but is not limited to:

i. Vulnerability Scanning;

ii. Security Scanning;

iii. Penetration Testing; and

iv. Risk Assessment.

2. Data Domain Deliverables, which include:

a. Complete submittal of applicable datasets to FL[DS], along with associated metadata and business terms; and

b. Data Management Plan that describes the lifecycle of the applicable Data that is collected and managed from collection through archival.

3. Infrastructure Domain Deliverables, which require the following:

a. A visual diagram of the IT resource’s physical and software assets, including where the current and proposed IT resource are located and how the assets are connected;

b. Documentation of applicable development, test, and production environment;

c. Documentation of the IP addresses, URLs, domain names, certificates, and domain provider(s) used to publicly identify an online interface; and

d. Disaster recovery plan that is operational, functional, and regularly validated and identifies a strategy for processing critical applications during a major hardware or software failure, outage, or the destruction of infrastructure.

4. Testing Domain Deliverables,…