F897614985_FLHSMVITN00122.pdf

FLHSMV-ITN-001-22, Page 1 of 34 (Revised 09.2019)

STATE OF FLORIDA

DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES

November 18, 2021

With this sheet you have received solicitation documents for the following:

Solicitation Number: FLHSMV-ITN-001-22

Title of Solicitation (items solicited): Tablets and Software for the Department’s

Automated Driver License Testing System (ADLTS)

Commodity Code(s): 43211509 Tablet Computers 43211503 Notebook Computers 43230000 Software 81111500 Software or Hardware Engineering 81111810 Software Coding Service 81112200 Software maintenance and support 81112217 Industry Specific Software Maintenance

Department of Highway Safety and Motor Vehicles Neil Kirkman Building 2900 Apalachee Parkway Tallahassee, Florida 32399-0524

Date and Time Responses are Due: December 21, 2021 no later than 2:00 p.m., EST

It is important that Respondents monitor the Vendor Bid System (VBS) for any changes to this solicitation. It is the responsibility of the Respondent to check the VBS for new or changing information.

To receive information on Department of Highway Safety and Motor Vehicles (FLHSMV) solicitations 24 hours a day, 7 days a week, visit the Vendor Bid System (VBS) at:

http://www.myflorida.com/apps/vbs/vbs_www.main_menu.

Note: Failure to file a protest within the time prescribed in section 120.57(3), Florida Statutes (F.S.), 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, F.S.

http://www.myflorida.com/apps/vbs/vbs_www.main_menu

FLHSMV-ITN-001-22, Page 2 of 34

Table of Contents

1.0 Background

1.1 Department’s Network Capabilities

1.2 Current Testing Process

1.3 Description of the Current System

1.4 Estimated Test/Exam Volumes

2.0 Purpose and General Overview

2.1 Definitions

2.2 Procurement Officer

2.3 Term

2.4 Renewals

2.5 Solicitation Conflicts and Order of Precedence

3.0 ITN Process Overview

3.1 General Overview

3.2 Who May Respond

3.3 Restriction on Communications

3.4 Respondent Questions

3.5 Addenda

3.6 Cost of Response Preparation

3.7 Response Opening

3.8 Disclosure of Response Contents

3.9 Modification or Withdrawal of Response

3.10 Prohibition of Gratuities

3.11 Diversity

3.12 Minority and Service-Disabled Veteran Business Enterprise Report

3.13 Non-Exclusive Rights

3.14 Response Tenure

3.15 Accessibility for Disabled Persons

3.16 Cooperation with the Inspector General

3.17 MyFloridaMarketPlace Transaction Fee

4.0 Additional Information

4.1 Mandatory Requirements

FLHSMV-ITN-001-22, Page 3 of 34

4.2 Minor Response Exceptions

4.3 Non-Responsive Responses, Non-Responsible Proposers

4.4 Subcontracts

4.5 Joint Ventures and/or Legal Partnerships

5.0 Response Submission Instructions

5.1 Response Submission

5.2 Redacted Submissions

5.3 Mandatory Submission Requirements

5.4 Added Value

5.5 Florida Preference (No points will be awarded)

5.7 Response Guarantee

5.8 Contractual Submissions

5.9 Contractor Responsibility

5.10 Additional Documents/Requirements

6.0 Award Methodology

6.1 Negotiation Phase

6.2 Basis of Award

6.3 Response Clarification

6.4 Contract Formation

6.5 Posting of Agency Decision

Attachments:

ATTACHMENT A -- CALENDAR OF EVENTS

ATTACHMENT B -- SCOPE OF WORK

Exhibit 1 -- DEPARTMENT’S CURRENT HARDWARE Exhibit 2 -- ADLTS CDL Testing Reports Calendar Year 2018-2020 Exhibit 3 -- ADLTS Class E Exam Results July 2018 – June 2021

ATTACHMENT C -- ADDITIONAL TERMS AND CONDITIONS

ATTACHMENT D -- RESPONDENT INFORMATION FORM

ATTACHMENT E -- PAST PERFORMANCE

ATTACHMENT F -- PRICE SHEET

ATTACHMENT G -- REQUIRED CERTIFICATIONS

ATTACHMENT H -- RESPONDENT QUALIFICATION QUESTIONS

ATTACHMENT I -- EVALUATION CRITERIA AND NEGOTIATIONS

FLHSMV-ITN-001-22, Page 4 of 34

Solicitation Introduction

Listed below are important things to keep in mind when responding to a solicitation for the Florida Department of Highway Safety and Motor Vehicles.

A. Read the entire document. Note critical items such as: mandatory requirements; bond(s) requirements (response, performance and/or damages); sample(s) required;

supplies/services required; submittal dates; number of copies required for submittal;

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

B. Note the Procurement Officer's name, address, phone number(s) 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.

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

Procurement Officer by the due date listed in the Calendar of Events, and view the answers given in the formal “addenda” issued for the solicitation. Also, please refer to any Addenda.

D. Follow the format required in the solicitation when preparing your response submission. Provide point-by-point responses to the required sections in a clear and concise manner and do not skip or miss sections.

E. Provide complete answers/descriptions. Read and answer all questions and requirements. Don’t assume the Department or evaluation committee (if applicable) will know what your company’s capabilities are or what items/services you can provide, even if you have previously contracted with the Department. Responses are reviewed based solely on the information and materials provided in your response.

F. Use the forms provided. For example: Certification forms; Price Sheet forms;

Savings/Discount/Price Reduction; Customer References; etc., if any are included in this solicitation.

G. Review and read the solicitation document again to make sure that you have addressed all requirements. The original electronic copy of the reply must bear an original signature in the appropriate locations and must include all attachments.

H. Submit your response on time. Note all of the dates and times listed in the Calendar of

Events and within the document and be sure to submit all required items on time. Late responses will not be opened or considered and will be rejected. In addition, physical response submittals are not allowed and will not be accepted, opened or considered and will be rejected.

FLHSMV-ITN-001-22, Page 5 of 34

1.0 Background

The Department of Highway Safety and Motor Vehicles (Department) manages Florida’s driver licensing program. Florida law requires a first-time driver to pass knowledge exams and skills tests prior to issuance of a driver license. The knowledge and skills exams are designed to protect the public from hazards posed by unqualified motor vehicle operators.

There are two (2) basic types of licenses – operator (Class E) license and commercial (Classes A, B and C) license. In Florida, Class E driver licenses are issued to drivers operating vehicles less than 26,001 pounds, which are not equipped to transport 16 or more passengers, including the driver or hauling hazardous materials. Applicants must pass a knowledge exam in order to obtain a learner’s permit and must pass a driving skills test to become fully licensed.

Skills tests (road tests) administered by state and Tax Collector examiners are given in person and performance is then recorded on a paper form, with pass/fail scores manually calculated, or the test is recorded via mobile tablet use and entered into the driver license issuance system. Third-Party Administrators (TPA) administer skills tests via a mobile tablet.

Currently, all operator (Class E) skills tests are administered through state or Tax Collector offices and TPAs, with the exception of any teenager who completes a driver education program through their local high school. Driver education graduates are not required to complete additional skills tests. The Commercial Driver License (CDL) skills tests are administered by TPAs.

State and Tax Collector offices offer exams online on a computer located in the office.

Third-Party Administrators offer on-site proctoring Class E knowledge exams. Applicants under the age of eighteen (18) may take the exam at home as long as it is proctored by a parent or guardian.

Driver education is currently offered in approximately fifty (50) of the sixty-seven (67) school districts and a few private high schools.

The Department anticipates the following business environment changes during the next several years:

a) All state driver license offices will be closed and absorbed by the local Tax Collector offices by 2025. (see, Constitutional Amendment 10 from 2018, Section 322.135(1), F.S.)

FLHSMV-ITN-001-22, Page 6 of 34

b) TPAs will offer Class E knowledge exams online. The Department is exploring the option of allowing applicants who are eighteen (18) years old and older to take the knowledge exam online. Currently, only those individuals who are ages fifteen (15) to seventeen (17), are eligible to take the Class E knowledge examination online. If this program change is adopted, age will no longer determine online knowledge exam eligibility.

c) TPAs that offer proctored Class E knowledge exams will likely decrease in number, as potential license holders eighteen (18) years old and older transition to online testing.

d) The Department will encourage TPAs to use the tablet system at their own expense to provide CDL driving skills test to students who apply for Class A, B, and C licenses.

1.1 Department’s Network Capabilities

The Department’s network has two-hundred and twenty plus (220+) offices handling driver license operations. The offices’ circuit sizes range from four (4) Megabits per second (Mbps) to ten (10) Mbps. The circuit at the Department’s headquarters in Tallahassee is two hundred (200) Megabytes (MB) and the circuit to the internet is one hundred (100) MB. All field office traffic comes to the Department’s Tallahassee headquarters and then to the internet. The Contractor must be able to work within the confines of current network capabilities or describe an alternate solution in the ITN response.

1.2 Current Testing Process

Florida’s Automated Driver License Testing System (ADLTS) is a centrally administered testing system that supports testing centers in state and Tax Collector Driver License offices located throughout Florida. Currently, the Department has one hundred ninety-four (194) Tax Collector offices and ninety-three (93) active contracts with TPAs. The purpose of the system is to perform driver license, commercial driver license, and motorcycle license testing in a user-friendly intranet and extranet environment. Questions are provided by the Department to the Contractor. There are three hundred and fifty (350) Class E questions in the current test database. The test database is maintained by the Contractor. The ADLTS is a web-based system that is used to display and control all driver license testing, administrative, supervisor, examiner, and extranet functions.

The administrators of the ADLTS application control user accounts, testing office information, creating new exam categories, creating new questions, and printing reports.

FLHSMV-ITN-001-22, Page 7 of 34

The current Contactor maintains the exam databank and has established procedures for TPAs to retrieve randomly generated test questions per applicant via web service.

Any student who fails an exam is given the opportunity to retake the exam with the TPA two (2) additional times.

The TPA is required to collect a statutory fee of ten dollars ($10.00) for each retest that is remitted to the Department electronically. Each exam is assigned a unique identifying number for tracking and auditing purposes. As part of this program, the opportunity exists for TPAs to administer the driver license knowledge exams in-person in a proctored setting.

All contractual language and current business rules for the Third-Party Administration of Class E knowledge exams are available at https://www.flhsmv.gov/driver-licenses-id-cards/education-courses/third-party-administrator-program/. Approximately fifty (50) of the sixty-seven (67) Florida school districts and several private high schools conduct both Class E knowledge exams and skills tests for their enrolled driver education students through the Driver Education Licensing and Assistance Program (DELAP). The tests (knowledge exam and driving skills test) administered are the same as the Class E licensing exams and tests given in driver license offices by Department and Tax Collector DL examiners.

All CDL knowledge exams must be conducted in a state or Tax Collector office.

Knowledge exams for CDL include general knowledge (required for all first-time CDL applicants), doubles & triples, tank vehicles, passengers, school buses, hazardous materials, air brakes and combination vehicles. Test questions and answers for this vehicle classification are provided by American Association of Motor Vehicle Administrators (AAMVA).

Commercial driver licensing pre-trip inspection, basic controls, and road test skills tests are conducted by two-hundred and sixty (260) third party businesses and agencies that have the necessary resources. Testing authority is granted by the Department through contracts. Some charge a fee for their services while others test only their own employees.

Test procedures are prescribed by federal regulation, following AAMVA Model CDL Testing System.

https://www.flhsmv.gov/driver-licenses-id-cards/education-courses/third-party-administrator-program/ https://www.flhsmv.gov/driver-licenses-id-cards/education-courses/third-party-administrator-program/ https://www.aamva.org/ https://www.aamva.org/

FLHSMV-ITN-001-22, Page 8 of 34

1.3 Description of the Current System

The ADLTS system updates data in real-time, tracking the applicant, the questions assigned, and the selected answers, as well as the overall pass/fail result for each exam. The ADLTS database is a relational database that follows standard database design principles.

Some exams are proctored and administered to students in a classroom setting and other TPAs allow students to take the exam from home via the internet. When exam results are posted by the Third-Party Administrator, the exams are graded in ADLTS and the results are made accessible to the Driver License Issuance System so that the appropriate credentials can be issued.

The CDL skills test results are currently manually entered by the TPA or CDL Senior Highway Safety Specialists in the web based Third Party Waiver System, commonly called the Paperless Waiver System (PWS). Driver licensing examiners later retrieve the PWS results when the applicant comes to the office for issuance of their license. An interface between the PWS and Online Registration and Identity Operating Network (ORION) platform allows examiners to easily transfer test results to the drivers’ record.

Current ADLTS Functionality

The current ADLTS application includes the following functions:

a) Operation of the Administrator Program:

• Administrator – Login

• Administrator – Menu

• Administrator – Statistical data reports

• Administrator – Add questions:

Add/View questions Add or modify a question based on an existing or retired question

• Administrator – Exam classifications:

Add categories Add exam classification Modify exam classification

• Administrator – View ADLTS System Status:

Add test station Status test station detail Edit/Delete a test station

• Administrator – manager users:

Add users Edit users

FLHSMV-ITN-001-22, Page 9 of 34

b) Operation of the supervisor/examiner program:

• Supervisor/examiner – login

• Supervisor/examiner – menu

• Supervisor/examiner – register applicant Lookup applicant Applicants search results Add new applicant Applicant confirmation Printed exam

• Supervisor/examiner – monitor test station:

Specific test station status Add test station Edit/delete a test station

• Supervisor/examiner – view test results:

View specific applicant test

• Supervisor/examiner – old tests:

Old tests lookup Applicants search results Old test list Old test

• Supervisor/examiner – printed exams:

Enter exam results

• Supervisor – statistical data reports

• Supervisor – manager system users:

Edit users Add users

1.4 Estimated Test/Exam Volumes

The estimated test volumes are indicated in the attached exhibits, as listed below:

• Exhibit 2 – ADLTS CDL Testing Reports Calendar Years 2018-2020; and

• Exhibit 3 – ADLTS Class E Exam Results July 2018 - June 2021.

2.0 Purpose and General Overview

The Department is issuing this Invitation to Negotiate to establish a contract with one vendor that will provide a complete solution consisting of electronic tablets, software, software integration, installation, configuration, testing, warranty, maintenance, support, and training to be used by state Driver License offices, Tax Collector offices, DELAP and by Third Party Administrators, for driver license testing purposes.

The Respondent must ensure successful operation, updating and maintenance of all hardware and software associated with the solution contemplated by this ITN.

FLHSMV-ITN-001-22, Page 10 of 34

The Respondent must provide the state and Tax Collector offices, DELAP providers and TPAs a consistent methodology for accessing and consuming the web-based tests’ questions and answers.

Tests/exams must be available in, at a minimum, English, Spanish, Haitian Creole, Russian, Mandarin Chinese, Arabic, Portuguese, Vietnamese and French. The Respondent shall provide written and spoken translation services for all languages supported by the system. Translation services must, at a minimum, include all test/exam questions, answers, and test instructions.

The solution shall consist of:

a) Tablets, as described in ATTACHMENT B, Section 2.0, Products and Services provided by the Contractor, Section 2.1, A. Technical Requirements, Section 2.1.1., Hardware/Tablets.

b) A web-based application for the administration of Class E driver license knowledge exam in state, Tax Collector offices, DELAP, and TPAs.

c) A web-based application for the administration of Class A, B, and C driver license knowledge exams in state and Tax Collector offices.

d) A web-based application for the motorcycle knowledge exams.

e) A tablet-based solution for the administration of Class E driver license skill test which is compatible with existing tablets used by the state, Tax Collector offices, DELAP and TPA’s.

All Third-Party Administrators of Class E driver license knowledge exams and skills tests will be required to adopt this solution. The Contractor may charge the Third- Party Administrators for this solution.

2.1 Definitions

a) Awarded Contractor (also referred to as “Successful Vendor” or

“Vendor”): The party selected for award under this ITN, with whom the Department intends to enter into a formal contract document.

b) Authorized Representative: The owner, corporate officer, or director of the

Contractor authorized to legally bind it in a contractual obligation. A document establishing delegated authority must be included with the response, if signed by other than the Authorized Representative.

c) Best and Final Offer (BAFO): The Respondent’s best offer in response to the

ITN. This ITN includes a two-stage process of Contractor selection.

FLHSMV-ITN-001-22, Page 11 of 34

d) Business Day: Any day in which normal business is conducted, typically Monday through Friday, excluding State-observed holidays.

e) Business Hours: The hours of 8:00 a.m. to 5:00 p.m., local time, on any business day. (Note: Florida is geographically situated in both the Eastern and Central time zones.)

f) Contract: A formal purchasing document that contains or incorporates the terms and conditions that apply to the purchase to be made pursuant to this ITN, executed between the Department, and awarded Contractor.

g) Contractor: The party selected for award under this ITN, with whom the

Department intends to enter into a formal contract document. Also referred to as “Vendor”.

h) Contract Term: The longest period of time the contract could remain in effect, including the optional renewal term and any required extension(s) authorized under the provisions of Section 287.057(12) and (13), F.S. Whether the contract remains in effect during this entire time frame is dependent upon satisfactory performance by the Contractor, continued appropriations by the Legislature, and other factors stated in the ITN and resulting contract.

i) Confidential Information: Data, material and information deemed “exempt” or

“confidential” by the Florida Public Records Law, Chapter 119, F.S., or any other provision of the F.S., or Article I, Section 24, Florida Constitution, or as identified by Federal law, or as identified by the Department. For purposes of this ITN and resulting contract, reference to Confidential Information includes personal identification information, including, but not limited to, Social Security Numbers, addresses, or Contractor’s proprietary information.

j) Day: A calendar day, unless otherwise specified.

k) ITN: This Invitation to Negotiate.

l) Prospective Contractors: Entities submitting a formal response to this ITN;

also referred to as “Respondents,” Proposers” or “Vendors.”

m) Purchase Order or PO: The purchasing document memorializing and/or incorporating the terms and conditions of the purchase issued by the Department via the eProcurement system. See PUR Form 1000, paragraph 2, referenced in ATTACHMENT C, ADDITIONAL TERMS AND CONDITIONS.

(Note: The terms “Purchase Order” and “Contract” are intended to be utilized interchangeably herein, although a purchase order is not “executed” by the parties.)

FLHSMV-ITN-001-22, Page 12 of 34

n) Respondents: Entities submitting a formal response to this ITN; also referred to as “Contractors”, “Prospective Contractors” or “Vendors.”

o) State or Department: State or Department shall be synonymous with the

Florida Department of Highway Safety and Motor Vehicles.

p) Subcontractor: Any person, other than an employee of the contractor, who performs any of the services listed in this solicitation for compensation paid by the Contractor. See solicitation to determine whether subcontracting is permitted.

q) Third-Party Administrator: A person, public or private corporation, firm, or organization, the results of which may be accepted in lieu of the results of the examination given by the Department. A Third-Party Administrator must be authorized by the Department. The Department, any of its offices and any Tax Collector Offices is not a third-party administrator.

r) Vendor: Any firm or person who submits a response to the Department in response to this solicitation. (NOTE: The terms “Respondent,” “Vendor,” and “Contractor” may be utilized herein interchangeably.)

Also see links provided in ATTACHMENT C - ADDITIONAL TERMS AND CONDITIONS for additional definitions in PUR 1000, Paragraph 1, and PUR 1001, Paragraph 1.

2.2 Procurement Officer

The Procurement Officer, acting on the behalf of the Department, is the sole point-of-contact regarding all procurement matters relating to this solicitation. All questions and requests for clarification are to be directed to:

Corina Chiorescu Bureau of Purchasing and Contracts Florida Department of Highway Safety and Motor Vehicles Neil Kirkman Building, Mail Station 31 2900 Apalachee Parkway Tallahassee, Florida 32399-0524 850-617-3176 CorinaChiorescu@flhsmv.gov

Section 287.057(23), F.S., requires that “Respondents to this solicitation or persons acting on their behalf may not contact, between the release of the solicitation and the end of the 72-hour period following the agency posting of the notice of intended award, excluding Saturdays, Sundays, and state holidays, any https://www.dms.myflorida.com/content/download/2933/11777/PUR_1000_General_Contract_Conditions.pdf https://www.dms.myflorida.com/content/download/2934/11780/PUR_1001_General_Instructions_to_Respondents.pdf mailto:CorinaChiorescu@flhsmv.gov

FLHSMV-ITN-001-22, Page 13 of 34 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.”

2.3 Term

The contract term shall be for a period of up to five (5) years from the date of contract execution or issuance of the purchase order, unless terminated earlier by the Department under the terms provided herein, with the option to renew for a period of up to five (5) years.

2.4 Renewals

Renewal may be structured as a single five-year term, five (5) one (1) year terms, or any combination totaling no more than five (5) years. Exercise of the renewal option is at the Department’s discretion and will be contingent upon satisfactory service, and subject to annual appropriation by the state Legislature (See, subsection 287.057(13), F.S.).

2.5 Solicitation Conflicts and Order of Precedence

All responses are subject to the terms and conditions of this ITN which, in case of conflict, shall have the following order of precedence:

a) ITN Addenda, in reverse order of issuance;

b) ITN, including all attachments;

c) General Contract Conditions (PUR 1000);

d) General Instructions to Respondents (PUR 1001); and

e) Contractor’s submitted response.

3.0 ITN Process Overview

3.1 General Overview

The Invitation to Negotiate (ITN) is a method of competitively soliciting a commodity or contractual service under section 287.057(1)(c), F.S., and awarding a contract to the responsive and responsible respondent(s) submitting overall best value to the state. The Department posts an ITN on the state of Florida Vendor Bid System (VBS) to initiate the solicitation process.

3.2 Who May Respond

The Department seeks replies from capable vendors and seeks to contract with one (1) Respondent to provide a complete solution consisting of electronic tablets, https://www.dms.myflorida.com/content/download/2933/11777/PUR_1000_General_Contract_Conditions.pdf https://www.dms.myflorida.com/content/download/2934/11780/PUR_1001_General_Instructions_to_Respondents.pdf

FLHSMV-ITN-001-22, Page 14 of 34 software, software integration, configuration, testing, and related services for the Department’s Automated Driver’s License Testing System (ADLTS) as described in ATTACHMENT B - SCOPE OF WORK.

The Respondent must be authorized to conduct business within the state of Florida and must possess the experience and have the capability (e.g., sufficient personnel and resources) to provide the products and services described in this ITN in a timely and workmanlike manner. The Department retains the right to request additional information pertaining to the Respondent’s ability and qualifications to fully perform the contract requirements described in this ITN and integrity and reliability to assure good faith performance. See Section 4.3, Non- Responsive Responses, Non-Responsible Proposers, for additional information.

3.3 Restriction on Communications

Prospective Contractors to this ITN or persons acting on their behalf may not contact, between the release of the ITN and the end of the seventy-two (72) hour period following the agency posting of 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 ITN, except in writing to the Issuing Officer or as provided in the ITN documents. Violation of this provision may be grounds for rejecting a response.

3.4 Respondent Questions

Questions related to this ITN must be received in writing, via email, by the Procurement Officer listed in the Procurement Officer Section above, within the time indicated in ATTACHMENT A - CALENDAR OF EVENTS. Questions must reference FLHSMV-ITN-001-22 in the subject line of the e-mail.

Written answers to questions received by the Department will become part of this solicitation and will be posted on the VBS, through an addendum, on or about the date referenced in the Calendar of Events.

Note: The Department reserves the right to respond to late-submitted questions if doing so, in the sole and exclusive discretion of the Department, is in the state’s best interest (e.g., the question identifies inconsistent terms that could negatively impact service delivery or pricing).

3.5 Addenda

If the Department deems it necessary to supplement, modify or interpret any portion of the solicitation or exhibits, addenda and materials relative to this procurement, it will be posted on the VBS at:

FLHSMV-ITN-001-22, Page 15 of 34 http://vbs.dms.state.fl.us/vbs/search.criteria_form

It is the responsibility of the Respondent to check the VBS for new or changing information.

3.6 Cost of Response Preparation

Neither the Department nor the state of Florida is liable for any of the costs incurred by prospective Contractors in preparing and submitting a response.

3.7 Response Opening

The Department will hold a public opening of the responses at the date, time, and location (including a conference call number) indicated in the Calendar of Events.

3.8 Disclosure of Response Contents

All documentation produced as part of the ITN will become the exclusive property of the Department and will not be returned to the Respondent.

The Department shall have the right to use any and all ideas or adaptations of ideas contained in any response received in response to this solicitation.

Selection or rejection of the response will not affect this right.

3.9 Modification or Withdrawal of Response

Respondents may modify a response at any time prior to the response due date by sending the modified response submittal to the Procurement Officer. A response may be withdrawn by notifying the Procurement Officer in writing before the opening of replies.

3.10 Prohibition of Gratuities

By submission of a response, a prospective Contractor certifies that no elected official or employee of the state of Florida has or shall benefit financially or materially from such response or subsequent contract in violation of the provisions of Chapter 112, F.S. Any contract issued as a result of this ITN may be terminated if it is determined that gratuities of any kind were either offered or received by any of the aforementioned parties.

3.11 Diversity

The Department is dedicated to fostering the continued development and economic growth of minority, veteran, and women-owned businesses.

http://vbs.dms.state.fl.us/vbs/search.criteria_form

FLHSMV-ITN-001-22, Page 16 of 34

Participation of a diverse group of Respondents doing business with the state is central to the Department’s efforts. To this end, small minority, veteran-owned and women-owned business enterprises are encouraged to participate in the state’s procurement process as both prime Respondents and subcontractors under prime contracts.

The state of Florida’s Office of Supplier Diversity may be reached at 850-487-0915 and can assist in furnishing names of qualified minorities for subcontracting activities under prime contracts. (See section 3.12, Minority and Service-Disabled Veteran Business Enterprise Report, below.)

3.12 Minority and Service-Disabled Veteran Business Enterprise Report

a) The Contractor shall provide to the Department a monthly Minority and

Service-Disabled Veteran Business Enterprise Report. The monthly report shall summarize the participation of certified and non-certified minority and service-disabled veteran subcontractors/material suppliers performing any services related to the Contract for the current month.

b) The Contractor shall complete and submit, Monthly Minority and Service-

Disabled Veteran Business Report, by the 5th day of the following month (or next business day if the 5th day is on a weekend day or holiday) to the following Department email address:

bpcreporting@flhsmv.gov Note the subject line of the e-mail with: Monthly MBE DV Report

c) Should the Contractor utilize subcontractors/material suppliers meeting the criteria in this section but have nothing to report for the month (for whatever reason), the Contractor shall still send an e-mail to the address identified above stating that there is no information to report for the previous month.

d) Should the Contractor not utilize subcontractors/material suppliers meeting the criteria in this section, the Contractor shall provide a letter to the email address noted above, on Contractor letterhead, indicating that this reporting requirement does not apply. If this changes, however, at any time during the contract term, the Contractor shall immediately implement the reporting requirements of this section.

3.13 Non-Exclusive Rights

The right to provide the Products or services, as applicable, which will be granted under the resultant contract/purchase order, shall not be exclusive. The Department reserves the right to contract for and purchase products or services

FLHSMV-ITN-001-22, Page 17 of 34 from as many firms as it deems necessary without infringing upon or terminating the resultant contract/purchase order.

3.14 Response Tenure

All responses are binding for one hundred eighty (180) days following the response opening date.

3.15 Accessibility for Disabled Persons

If special accommodations are needed to attend any solicitation-related event open to the public, please advise the Bureau of Purchasing and Contracts at 850- 617-3203 no later than five (5) business days prior to the event.

3.16 Cooperation with the Inspector General

The Contractor shall cooperate and ensure that its subcontractors, if any, cooperate with the Department’s Inspector General in any investigation, audit, inspection, review or hearing pursuant to section 20.055, F.S.

3.17 MyFloridaMarketPlace Transaction Fee

The Florida Department of Management Services (DMS) has instituted MyFloridaMarketPlace, a statewide eProcurement System. Pursuant to section 287.057(22), F.S., all payments shall be assessed a Transaction Fee (see, statutory section for fee amount), which each Contractor shall pay to the state of Florida, unless exempt pursuant to Rule 60A-1.031, Florida Administrative Code (F.A.C.).

For payments within the state accounting system (FLAIR or its successor), the Transaction Fee shall, when possible, be automatically deducted from payments to the Contractor. If automatic deduction is not possible, each Contractor shall pay the Transaction Fee pursuant to Rule 60A-1.031(2), F.A.C. By submission of these reports and corresponding payments, a Contractor certifies their correctness. All such reports and payments shall be subject to audit by the state or its designee.

Each Contractor shall receive a credit for any Transaction Fee paid by the Contractor for the purchase of any item(s) if such item(s) are returned to the Contractor through no fault, act, or omission of the Contractor. Notwithstanding the foregoing, a Transaction Fee is non-refundable when an item is rejected or returned, or declined, due to the Contractor’s failure to perform or comply with specifications or requirements of the agreement.

FLHSMV-ITN-001-22, Page 18 of 34

Failure to comply with these requirements shall constitute grounds for declaring the Contractor in default and recovering reprocurement costs from the Contractor in addition to all outstanding fees. CONTRACTORS DELINQUENT IN PAYING

TRANSACTION FEES MAY BE EXCLUDED FROM CONDUCTING FUTURE

BUSINESS WITH THE STATE.

4.0 Additional Information

4.1 Mandatory Requirements

The Department, as defined herein, has established certain requirements with respect to responses submitted to competitive solicitations. The use of “shall,” “must,” or “will” (except to indicate the future) in this ITN, indicates a mandatory requirement or condition.

The words “should” or “may” in this ITN indicate desirable attributes or conditions but are permissive in nature. Deviation from, or omission of, such desirable feature will not in itself cause rejection of a response.

4.2 Minor Response Exceptions

The Department reserves the right to waive minor deviations or exceptions in responses providing such actions are in the best interest of the state of Florida and the Department. Minor deviations/exceptions are defined as those that have no adverse effect upon the state’s interest and would not affect the outcome of the award by giving a Respondent an advantage or benefit not enjoyed by other Respondents.

4.3 Non-Responsive Responses, Non-Responsible Proposers

Responses, which do not conform in all material respects to the requirements of this solicitation or which fail to provide all required information, documents or materials may be rejected as non-responsive.

Material requirements of the solicitation are those set forth as mandatory or without which an adequate analysis and comparison of responses are impossible, or those which affect the competitiveness of responses, or the cost to the Department.

Respondents whose responses, past performance, or current status do not reflect the capability, integrity, or reliability to fully and in good faith perform the requirements of the resulting Contract may be rejected as non-responsible. The Department reserves the right to determine which responses meet the material requirements of the solicitation, and which Respondents are responsible.

FLHSMV-ITN-001-22, Page 19 of 34

“Responsible” or “Qualified Respondent” means a person or firm with the capability in all respects to perform fully the contract requirements and the integrity and reliability to assure good faith performance. Failure to provide information as required in the solicitation, to determine responsibility, may be cause for rejection of the response.

Response submittals will be considered only from Respondents who are regularly engaged in the type of service/products/business that is the subject of this solicitation, are financially responsible, and have the necessary equipment and personnel to provide the services and goods required by the solicitation.

4.4 Subcontracts

The prospective Contractor may, only with prior written consent of the Department, enter into written subcontracts for the delivery of products or performance of services described in this ITN. Anticipated subcontract agreements known at the time of response submission, must be identified in the response. If a subcontract has been identified at the time of response submission, a copy of the proposed subcontract must be submitted.

No subcontract, which the Contractor enters into with respect to performance of any of its functions under the Contract, shall in any way relieve the Contractor of any responsibility for the performance of its contractual duties.

4.5 Joint Ventures and/or Legal Partnerships

Joint ventures or legal partnerships shall be viewed as one (1) prospective Contractor. Authorization for signatures provided by a joint venture/legal partnership shall have authorizations attached thereto and must be submitted with the response submission.

5.0 Response Submission Instructions

5.1 Response Submission

Responses shall be prepared simply and economically, providing a straightforward, concise delineation of the contractor’s capabilities to satisfy the requirements of this ITN. The emphasis of each response shall be on completeness and clarity of content. The response forms furnished with this ITN must be submitted with the response and are to be filled out in pen and ink or typewritten with no alterations, changes or amendments made within. All forms must be signed and dated by the Vendor’s Authorized Representative.

FLHSMV-ITN-001-22, Page 20 of 34

Completed forms must be included in the Respondent’s response. If any item is missing or incomplete, the response may be deemed non-responsive. The entire response packet with all forms and documents required shall be referred to as the Respondent’s “Response.”

The prospective Contractor shall submit its response in the following manner:

5.1.1 One (1) electronic version of the original response, marked

“Original Response” (required information in Section 5.3 Mandatory Submission Requirements below), and one (1) electronic copy of the redacted response, marked ”Redacted Copy” , if applicable (see, subsection 5.2, Redacted Submissions, below) must be submitted by email to the Procurement Officer identified in Section 2.2, Procurement Officer, no later than the time indicated in ATTACHMENT A - CALENDAR OF EVENTS, for receipt of responses.

Please note: If a redacted copy is not provided, the Department will provide a copy of the original submittal upon any public records request.

5.1.2 One (1) electronic version of the TECHNICAL RESPONSE, as indicated in Section 5.3.5. TECHNICAL RESPONSE MANDATORY

DOCUMENTATION.

5.1.3 All pages must be numbered, identify the ITN number, and include the prospective Contractor’s name.

5.1.4 Delivery of Responses:

All proposals shall be submitted via EMAIL ONLY and addressed to the Procurement Officer identified in subsection 2.2, Procurement Officer and below, and must be received by or before the date and time indicated in ATTACHMENT A, CALENDAR OF EVENTS. The Department will not consider late responses. Respondents are advised to examine their responses carefully and to ensure all mandatory requirements are met. Hardcopy/paper submissions will not be accepted.

The electronic versions - ORIGINAL including all attachments, a REDACTED copy and the TECHNICAL RESPONSE - shall be submitted via email to the procurement officer below. The email shall contain the solicitation number FLHSMV-ITN-001-22 – OFFICIAL RESPONSE and company name and sent to the Procurement Officer below:

FLHSMV-ITN-001-22, Page 21 of 34

Corina Chiorescu Bureau of Purchasing and Contracts Florida Department of Highway Safety and Motor Vehicles 850-617-3176

CorinaChiorescu@flhsmv.gov and

Purchasing@flhsmv.gov

Upon submittal, the Contractor shall request confirmation from the Department for proof of receipt. The Department will respond with confirmation upon receipt of each response. If no receipt is provided, it’s the Contractors responsibility to contact the procurement officer for further inquiry.

Responses that include any qualifying language, conditions, caveat(s), modification(s), or other language changing or not meeting the requirements of the ITN, anywhere in the response will be viewed as a conditional response and the Department may reject the ITN response.

5.2 Redacted Submissions

This subsection supplements Section 19 of the PUR 1001.

If the Respondent considers any portion of the documents, data or records submitted in response to this solicitation to be confidential, proprietary, trade secret or otherwise not subject to disclosure pursuant to Chapter 119, F.S., the Florida Constitution or other authority, the Respondent must mark the document as “Confidential” and simultaneously provide the Department with a separate redacted copy of its response and briefly describe in writing the grounds for claiming exemption from the public records law, including the specific statutory citation for such exemption. This redacted copy shall contain the Department’s solicitation name, number and the Respondent’s name on the cover and shall be clearly titled “Redacted Copy.” The Redacted Copy should only redact those portions of material that the Respondent claims are confidential, proprietary, trade secret or otherwise not subject to disclosure.

In the event of a request for public records pursuant to Chapter 119, F.S., the Florida Constitution, or other authority, to which documents that are marked as confidential are responsive, the Department will provide the Redacted Copy to the requestor. If a requestor asserts a right to the Confidential Information, the Department will notify the Respondent such an assertion has been made. It is the Respondent’s responsibility to assert that the information in question is exempt from mailto:CorinaChiorescu@flhsmv.gov mailto:Purchasing@flhsmv.gov https://www.dms.myflorida.com/content/download/2934/11780/PUR_1001_General_Instructions_to_Respondents.pdf

FLHSMV-ITN-001-22, Page 22 of 34 disclosure under Chapter 119 or other applicable law. If the Department becomes subject to a demand for discovery or disclosure of the Confidential Information of the Respondent in a legal proceeding, the Department shall give the Respondent prompt notice of the demand prior to releasing the information (unless otherwise prohibited by applicable law). The Respondent shall be responsible for defending its determination that the redacted portions of its response are confidential, proprietary, trade secret or otherwise not subject to disclosure.

By submitting a response, the Respondent agrees to protect, defend, and indemnify the Department for any and all claims arising from or relating to the Respondent’s determination that the redacted portions of its response are confidential, proprietary, trade secret or otherwise not subject to disclosure. If the Respondent fails to submit a redacted copy of information it claims is confidential, the Department is authorized to produce the entire documents, data or records submitted to the Department in answer to a public records request for these records.

5.3 Mandatory Submission Requirements

The Prospective Contractor’s response shall consist of the following requirements. All items listed below are mandatory, unless otherwise noted. FAILURE TO INCLUDE

ANY ITEM REQUIRED TO BE INCLUDED IN THE RESPONSE MAY RESULT IN

THE REJECTION OF A PROSPECTIVE CONTRACTOR’S RESPONSE.

5.3.1 RESPONDENT INFORMATION FORM, ATTACHMENT D (No points will be awarded)

This form serves as the document covering transmittal of the response, as well as verification of the prospective Contractor’s name, address, and Federal Employer Identification (FEID) Number. The form must be completed in its entirety to provide the name, title, address, telephone number and email address of the official prospective Contractor’s contact person and contract manager, and alternates for those persons, if available.

These individuals must have the authority to bind the prospective Contractor to a contract and shall be available to be contacted by telephone and to attend meetings as may be appropriate.

ATTACHMENT D – RESPONDENT INFORMATION FORM, shall be labeled and tabbed separately and should be included with the original electronic response only.

5.3.2 PAST PERFORMANCE - CLIENT REFERENCES, ATTACHMENT E (90

points possible)

FLHSMV-ITN-001-22, Page 23 of 34

In the space provided on page 1 of ATTACHMENT E - PAST PERFORMANCE - CLIENT REFERENCES, the prospective Contractor must list all business names under which it has operated during the last three (3) years. Mark N/A if the business name has not changed within the past three (3) years.

In the spaces provided, the prospective Contractor must provide the information indicated for three (3) separate and verifiable, Non-FLHSMV (Department of Highway Safety and Motor Vehicles) client references.

Each reference must be notarized by a Notary Public. The Department may reject the response submitted by any Respondent that does not provide notarized client references.

The client references listed must be able to attest that the prospective Contractor provided products and services similar in nature to the scope of work contemplated in this ITN. The same client reference may not be listed for more than one (1) of the required references and confidential client references shall not be included. In the event the prospective Contractor has had a name change since the time work was performed for a listed reference, the name under which the prospective Contractor operated at that time must be provided in the space provided for Contractor’s Name.

Client references that are listed as subcontractors will not be accepted as Past Performance client references under this ITN. Entities having an affiliation with the prospective Contractor (i.e., currently a parent or a subsidiary having common ownership, having common directors, officers, or agents, or sharing profits or liabilities) may not be accepted as Past Performance client references under this ITN.

ATTACHMENT E - PAST PERFORMANCE - CLIENT REFERENCES,

shall be clearly labeled and should be included with the original

5.3.3 PRICE SHEET, ATTACHMENT F (40 points possible)

The Respondent shall submit a completed ATTACHMENT F, PRICE SHEET in electronic format (Excel), as provided by the Department, and a signed version in Adobe pdf format, to be considered responsive.

a) Tab 1: The Respondent shall provide the tablet brand and model number and a price(s) in each yellow cell of the price sheet. Failure to provide a price in a cell may deem the price-sheet non-responsive.

FLHSMV-ITN-001-22, Page 24 of 34

NOTE: The Department reserves the right to purchase its own hardware (tablets) and use the prospective Contractor’s software. The purchase of tablets from the awarded Contractor shall be optional for the Department and Tax Collectors.

b) Tab 2: Additional Features shall include any software license (s) and any software and/or hardware enhancements.

NOTE: The software shall be provided at no cost to the Department, Tax Collectors and DELAP.

The Contractor may only charge the TPAs for any software provided.

The license type (e.g., single fee for all access, or license per test, or a combination of an initial fee then per access price) will be determined by the prospective Contractor and shall be described on Tab 2 of ATTACHMENT F, PRICE SHEET.

c) All prices shall be inclusive of production, packaging, shipping, and delivery to end user site, and software development, installation, configuration, maintenance, and testing to ensure operational status.

d) The Respondent shall use legible handwriting, if applicable, when completing the price sheet(s).

e) All price sheet calculations will be verified for accuracy by the Department. If mathematical error(s) in a Respondent’s price sheet calculations are identified, unit prices submitted by the Respondent will be used to determine the total price for that Respondent, unless determined otherwise by the Department.

Price(s) will be final based on Department verification. Department-corrected price sheets will be made available upon written request to the Respondent as permitted by state law.

f) The Department will not accept and will not agree to any qualifying or caveat language for pricing within…