IT Staff Augmentation ITB Supplemental26.pdf

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

Any protest concerning this agency decision or intended decision must be timely filed with the Department of Management Services’ Agency Clerk. Protests may be filed by courier, hand delivery, or regular mail at: Department of Management Services, Office of the General Counsel, Attention: Agency Clerk, 4050 Esplanade Way, Suite 160, Tallahassee, Florida 32399-0950.

Protests may also be filed by fax at 850-922-6312, or by email at agencyclerk@dms.fl.gov. It is the filing party's responsibility to meet all f iling deadlines.

The Procurement Officer should be copied on such filings.

The State of Florida

Department of Management Services

Invitation to Bid (ITB)

Prequalification for Information Technology Staff Augmentation Services

ITB No: 23-80101507-ITB-Supplemental26

Lynzie Sauls, Procurement Officer 4050 Esplanade Way, Suite 360

Tallahassee, Florida 32399-0950 850-487-1463

Lynzie.Sauls@dms.fl.gov

Division of State Purchasing 4050 Esplanade Way, Suite 360

Tallahassee, FL 32399-0950

Ron DeSantis, Governor Tom Berger, Secretary mailto:agencyclerk@dms.fl.gov

ITB No. 23-80101507-ITB-Supplemental26 Page 2 of 23

TABLE OF CONTENTS

1 INTRODUCTION

1.1 Timeline of Events

1.2 Non-Mandatory Pre-Bid Conference

1.3 Definitions

1.4 Objective

1.5 Supplemental Invitation to Bid

1.6 Scope of Work

1.7 Term

1.8 Procurement Officer

1.9 Order of Precedence for Solicitation

1.10 Office of Supplier Development

2 THE ITB PROCESS

2.1 Question Submission

2.2 Addenda to the ITB

2.3 Public Opening

2.4 Special Accommodations

2.5 Mandatory Responsive Requirements

2.6 Equal Bids

2.7 Basis of Award

2.8 Electronic Posting of Notice of Intent to Award

2.9 Contract Formation

2.10 Other Requirements Following Award

2.10.1 Registration with the Florida Department of State

3 RESPONDING TO THE ITB

ITB No. 23-80101507-ITB-Supplemental26 Page 3 of 23

3.1 General Instructions

3.2 Special Instructions

3.3 How to Access the Sourcing Event in MyFloridaMarketPlace

3.4 Modification or Withdrawal of Bid

3.5 Cost of Bid Preparation

3.6 Independent Preparation

3.7 False or Erroneous Information

3.8 Price Sheet Instructions

3.9 Submitting a Bid

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1 INTRODUCTION

1.1 Timeline of Events

The table below contains the Timeline of Events for this solicitation. The dates and times within the Timeline of Events are subject to change. It is the responsibility of the Bidder to check for any changes on the Vendor Information Portal (VIP) and in the Business Network.

Bidders shall not rely on the Business Network time clock. It is not the official submission date and time deadline. In the event of a technical malfunction or discrepancy in VIP or in the Business Network, the Timeline of Events listed in the solicitation document shall prevail. The official solicitation dates and time deadlines are reflected in the Timeline of Events.

Timeline of Events

Event Time

(Eastern Time) Date

Solicitation posted on VIP and in the Business Network 8/3/2026

Public Meeting: Non-Mandatory Pre-Bid Conference

In-person attendees:

Department of Management Services 4050 Esplanade Way Conference Room 101 Tallahassee, FL 32399

Dial in by Phone:

Conference Call Number: 1 850-739-6768 Conference ID: 248836845

Any person requiring a special accommodation due to a disability should contact the Department’s Americans with Disabilities Act (ADA) Coordinator at (850) 922-7535 or ADA.Coordinator@dms.myflorida.com at least f ive (5) Business Days prior to the scheduled event.

11:00 AM 8/11/2026

Deadline to submit questions in the Business Network 2:00 PM 8/18/2026

Anticipated date of posting Q&A on VIP and in the Business Network 9/01/2026 mailto:ADA.Coordinator@dms.myflorida.com

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Timeline of Events

Event

Time (Eastern Time) Date

Deadline to submit bid and all required documents in the Business Network 10:00 AM 9/15/2026

Public meeting: Bid opening (non-mandatory)

In-person attendees:

Department of Management Services 4050 Esplanade Way Conference Room 101 Tallahassee, FL 32399

Dial in by Phone:

Conference Call Number: +1 850-739-6768 Conference ID: 442237818

Any person requiring a special accommodation due to a disability should contact the Department’s Americans with Disabilities Act (ADA) Coordinator at (850) 922-7535 or ADA.Coordinator@dms.myflorida.com at least f ive (5) Business Days prior to the scheduled event.

1:30 PM 9/15/2026

Anticipated date to post Notice of Intent to Award on VIP and in the Business Network 9/29/2026

Anticipated Term Contract start date Upon Execution

1.2 Non-Mandatory Pre-Bid Conference

The Department will conduct a Non-Mandatory Pre-Bid Conference in accordance with the date and time listed in the Timeline of Events section. The purpose of the Conference is to ensure full understanding of the requirements of the solicitation and attachments.

Attendance at this Conference is not mandatory but is highly encouraged. To attend the Non- Mandatory conference, please use the dial in by phone option or attend at the location within the Timeline of Events.

1.3 Definitions

Definitions contained in section 287.012, Florida Statutes (F.S.); Rule 60A-1.001, Florida Administrative Code (F.A.C.); and Attachment C, Enterprise Standard Terms and Conditions are incorporated by reference. In the event of a conflict, the definitions listed in this section supersede the incorporated definitions for the purposes of this ITB document. All definitions apply in both their singular and plural sense.

mailto:ADA.Coordinator@dms.myflorida.com

ITB No. 23-80101507-ITB-Supplemental26 Page 6 of 23

Bid – The document(s) submitted by a Bidder in response to this ITB.

Bidder – A vendor who submits a bid to this ITB.

Business Day – Monday through Friday, inclusive, from 8:00 a.m. to 5:00 p.m. Eastern Time, except for those holidays specified in section 110.117, F.S..

Business Network – The Business Network (formerly known as Ariba Network) is an online marketplace that connects vendors and buyers for solicitations collaboration and purchasing transactions. A Business Network account is required to submit responses to electronic solicitations.

Ceiling Rate – The maximum Proposed Price a Bidder may propose for an associated Job Title or Scope Variant while still being deemed to have submitted the lowest Bid.

Commodity Code – The State’s numeric code for classifying commodities and contractual services which meet specific requirements, specifications, terms, and conditions herein. Florida has adopted the United Nations Standard Products and Services Code (UNSPSC) for classifying commodities and services.

Confidential Information – Information that is trade secret or otherwise confidential or exempt from disclosure under Florida or federal law.

Contractor – A Vendor that enters into a Term Contract with the Department as a result of this procurement.

Customer – A State Agency or Eligible User, as defined in Rule 60A-1.001, Florida Administrative Code.

Department – The Department of Management Services, a State Agency.

Information Technology (IT) – as defined in section 287.012(15), F.S.

Information Technology (IT) Experience – Experience working in the computer science industry that involves performing IT services and utilizing equipment, hardware, software, f irmware, programs, systems, networks, infrastructure, media, and related material.

Information Technology (IT) Staff Augmentation Contract Experience – Demonstrated prior work experience in the allocation and outsourcing of qualif ied IT Staff to augment a workforce on a temporary basis.

Job Family – A group of related Job Titles within Attachment J, Job Family Descriptions.

Job Title – The position described within Attachment J, Job Family Descriptions. The Job Family Descriptions document includes each Job Title’s general characteristics and dimensions.

MyFloridaMarketPlace (MFMP) – the State of Florida's eProcurement system and connects vendors with state government organizations that purchase goods and services.

ITB No. 23-80101507-ITB-Supplemental26 Page 7 of 23

Operational Formula – The day-to-day actions of a company that are guided by a policy or procedure that is prescribed for repetitive use as a practice, in accordance with agreed upon operations that are aimed at obtaining a desired outcome.

Prequalification – A determination by the Department that a responsible and responsive Bidder is deemed to have submitted the lowest responsive Bid and has met the minimum requirements within the solicitation (including capability, experience, and past performance) for participation on the Contract. A Bidder who has been Prequalif ied is authorized to respond to Requests for Quotes from Customers in accordance with section 287.0591(6), F.S.

Principal Personnel – The management of the Bidder company who makes operational decisions.

Proposed Price – The Vendor’s maximum hourly rate for an associated Job Title or Scope Variant for the initial term. A “not to exceed” price.

Scope Variant – A gradation of experience within a Job Title.

Staff – The temporary staff provided by the Contractor or Contractor’s subcontractor(s) to render information technology services identif ied by Customers.

State – The State of Florida.

Supplemental Invitation to Bid – The annual opportunity, pursuant to section 287.0591(6), Florida Statutes, for Bidders to submit Bids for Prequalif ication of firms and individuals to provide Information Technology Staff Augmentation Services on the State Term Contract No. 80101507-

23-STC-ITSA.

Term Contract – The legally enforceable State Term Contract, as defined in section 287.012, F.S., between the Department and the awarded Bidder(s) resulting from this solicitation.

Vendor Information Portal (VIP) – The State of Florida’s vendor registration, supplier development, and bidding system developed in accordance with section 287.042(3), F.S. The Vendor Information Portal is accessible at https://vendor.myfloridamarketplace.com.

1.4 Objective

The Department of Management Services is issuing this solicitation for the Prequalif ication of f irms and individuals for participation on the Information Technology Staff Augmentation Services State Term Contract. The purpose of this Invitation to Bid is to Prequalify Bidders for the future possibility of obtaining work from Customers, in accordance with section 287.0591(6), F.S. The existing State Term Contract has one-year remaining in the contract term, for which awarded vendors will be permitted to offer Information Technology Staff Augmentation Services for the remaining contract term. Proposed Prices will apply to the initial term and shall not increase at any point during the Term Contract.

The Department intends to issue a Supplemental Invitation to Bid on an annual basis for the remaining term of the Information Technology Staff Augmentation Services State Term Contract.

New Vendors may submit a bid for Prequalif ication annually. Additionally, current Vendors previously awarded a Term Contract to provide Information Technology Staff Augmentation Services on the existing State Term Contract (80101507-23-STC-ITSA) https://gcc02.safelinks.protection.outlook.com/?url=https%3A%2F%2Fvendor.myfloridamarketplace.com%2F&data=05%7C02%7CNicole.Walker%40dms.fl.gov%7Cdb5a83cf86c24263ed2108dd61733b78%7Ced173fed38394a3ca952140e906fed8d%7C0%7C0%7C638773869718816111%7CUnknown%7CTWFpbGZsb3d8eyJFbXB0eU1hcGkiOnRydWUsIlYiOiIwLjAuMDAwMCIsIlAiOiJXaW4zMiIsIkFOIjoiTWFpbCIsIldUIjoyfQ%3D%3D%7C0%7C%7C%7C&sdata=ZuBvgWrQguSN22t8ccuaVYEOMxY2C89oaljURPelkeQ%3D&reserved=0

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(“Current Vendors”), may submit supplemental bids annually to prequalify for additional Job Titles not previously awarded under the existing State Term Contract (80101507-23-

STC-ITSA).

Vendors who currently have an executed Term Contract for Information Technology Staff Augmentation Services (80101507-23-STC-ITSA) may only submit a Bid for Job Titles not currently awarded to the Vendor under the current Information Technology Staff Augmentation Services State Term Contract. Bids submitted by Current Vendors for Job Titles previously awarded a contract to provide under 80101507-23-STC-ITSA shall not be eligible for an award under this Supplemental Invitation to Bid and shall not be considered by the Department.

There is currently a State Term Contract for Information Technology Staff Augmentation Services.

Contract number 80101507-23-STC-ITSA expires on September 30, 2027, and consists of approximately 866 Vendors. In fiscal year 2025-2026, the contract had annual total spend of $430,075,333.58 with State Agency spend totaling $238,511,601.45. Additional information regarding the contract can be found on the Department’s website at:

Contract Number 80101507-23-STC-ITSA https://www.dms.myflorida.com/business_operations/state_purchasing/state_contracts_and_ag reements/state_term_contract/information_technology_staff_augmentation

Historical spend and current contract information, including current contract pricing, are provided for informational purposes only. Historical spend should not be construed as representing actual, guaranteed, or minimum spend under the resultant contract.

Responsive and responsible Bidders submitting the lowest Bid in accordance with the Basis of Award section will be Prequalif ied by Job Title and eligible to respond to Requests for Quotes for all Job Titles for which the Bidder provides the lowest Bid. Current Vendors on the State Term Contract No. 80101507-23-STC-ITSA are eligible to submit a Bid for all Job Titles that were not previously awarded to the vendor under the State Term Contract.

Upon Prequalif ication, Bidders will be eligible to receive Requests for Quotes from Customers to perform assignments on an hourly basis. Agencies seeking Information Technology Staffing Augmentation Services will be required to issue a Request for Quotes to at least 25 awarded Bidders, in accordance with section 287.0591(5), F.S. Customers may utilize the Bidder’s submitted Attachment D, Executive Summary and Staffing Resource Management Plan and Attachment E, Price Sheet, which will be incorporated into the Contract, when hiring a Vendor.

Customers may issue Requests for Quotes to Vendors on the current State Term Contract, to Vendors awarded Contracts pursuant to this solicitation, or to both sets of Vendors.

The award to multiple Bidders for each Job Title through a competitive solicitation satisfies section 287.0591(6), F.S. The resultant awards will increase competition and provide Customers significant choice in selecting a Vendor, with each additional award having the effect of increasing the competition and choice available to Customers who utilize the State Term Contract. The Department intends to post a notice of intent to award to prequalify multiple Bidders; however, the Department reserves the right to award Bidders statewide or by region, or to make no award.

https://www.dms.myflorida.com/business_operations/state_purchasing/state_contracts_and_agreements/state_term_contract/information_technology_staff_augmentation https://www.dms.myflorida.com/business_operations/state_purchasing/state_contracts_and_agreements/state_term_contract/information_technology_staff_augmentation

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1.5 Supplemental Invitation to Bid

Pursuant F.S. 287.0591(6), this Supplemental Invitation to Bid is being issued for the duration of the initial term of the State Term Contract 80101507-23-STC-ITSA. The State Term Contract is set to expire on September 30, 2027. Bids shall be allowed by both new vendors seeking Prequalification under the current State Term Contract and Current Vendors for Prequalification for additional job titles it is not currently awarded on the State Term Contract 80101507-23-STC-ITSA.

1.5.1 Current Vendor Eligibility to Bid on Supplemental Invitation to Bid

Current Vendors on the current Information Technology Staff Augmentation Services Contract 80101507-23-STC-ITSA cannot use this Supplemental Invitation to Bid to change Prices on previously awarded Job Titles. Current Vendors shall only submit Bids for Job Titles that were not previously awarded to them.

Any Bids submitted by Bidders for Job Titles that they have been previously awarded a contract to provide under 80101507-23-STC-ITSA will not be considered for award.

1.5.2 Additional Bids

The acceptance of any Bids during the term of State Term Contract No. 80101507-23- STC-ITSA will be at the sole discretion of the Department. The Department reserves the right to issue a supplementary Bid on an annual basis to add Bidders during the term of the contract. Receiving a Contract is not a guarantee of work. No work may be performed without the Customer’s issuance of a Purchase Order.

1.6 Scope of Work

Bidder(s) awarded a Term Contract under this ITB shall provide contractual services as described in the Attachment A, Scope of Work.

1.7 Term

The term is as specified in the Attachment K, Draft State Term Contract.

1.8 Procurement Officer

In accordance with section 21 of the PUR 1001, incorporated by reference below, the Procurement Officer is the sole point of contact for this ITB. Violation of section 21 of the PUR 1001 may be grounds for rejecting a Bid. The contact information for the Procurement Officer is:

Lynzie Sauls Senior Purchasing Analyst, Division of State Purchasing Florida Department of Management Services 4050 Esplanade Way, Suite 360.4X, Tallahassee, FL 32399-0950 Phone: (850) 487-1463 Email: Lynzie.Sauls@dms.fl.gov

****ALL EMAILS TO THE PROCUREMENT OFFICER SHOULD CONTAIN THE SOLICITATION

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

mailto:Lynzie.Sauls@dms.fl.gov

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1.9 Order of Precedence for Solicitation

In the event of a conflict between the documents comprising this ITB, the conflict will be resolved in the following order of priority (highest to lowest):

a) Addenda to ITB, if issued (in reverse order of issuance)

b) Attachment A, Scope of Work

c) Attachment E, Price Sheet

d) Attachment C, Enterprise Standard Terms and Conditions

e) Attachment K, Draft State Term Contract

f) This ITB document

g) Other ITB attachments

1.10 Office of Supplier Development

The State of Florida supports its business community by creating opportunities for business enterprises to participate in procurements and contracts. The Department encourages supplier development through certain certif ications and provides advocacy, outreach, and networking through regional business events. For additional information, please contact the Office of Supplier Development (OSD) at OSDHelp@dms.fl.gov.

The Office of Supplier Development’s Mentor-Protégé Program connects certif ied businesses with private business entities for business development mentoring. The Department strongly encourages Vendors doing business with the State to consider becoming a Mentor and participating in this initiative. More information on the Mentor-Protégé Program may be obtained by contacting the Office of Supplier Development at 850-487-0915 or by email at:

OSDHelp@dms.fl.gov.

1.11 Department’s Rights to Reject Bids

The Department may reject any Bid not submitted in the manner specified by this solicitation.

Bids that do not meet all requirements, specifications, terms, and conditions of the solicitation or fail to provide all required information, documents, or materials may be rejected as non-responsive. Bidders whose Bids, references, or current status do not reflect the capability, integrity, or reliability to fully and in good faith perform the requirements of the Term Contract may be rejected as not responsible. The Department reserves the right to determine which Bids meet the requirements of this solicitation and which Bidders are responsive and responsible. The Department is placing vendors on notice of the prohibitions against considering social, political, or ideological interests in government contracting contained in section 287.05701, F.S.

In this solicitation, the words “should” or “may” indicate desirable attributes or conditions but are permissive in nature. Where language indicates that the attribute or condition is mandatory, the Department still reserves the right to waive any minor irregularity if the Department determines that it is in the best interest of the State to do so.

A deviation from a requirement or condition is material if, in the Department’s discretion, it provides a substantial advantage to one Bidder over another or has a potentially significant effect on the quality of the Bid or on the cost to the State.

mailto:OSDHelp@dms.fl.gov mailto:OSDHelp@dms.fl.gov

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2 THE ITB PROCESS

2.1 Question Submission

The Department invites interested and registered Vendors to submit questions regarding the solicitation.

Questions must be submitted in the Business Network by the time and date reflected in the ‘Timeline of Events’ section.

Bidders are strongly encouraged to ask any questions regarding this ITB, including the proposed Term Contract terms and conditions, prior to the deadline to submit questions.

The Department is not obligated to revise the solicitation or attachments and the answers posted to the Questions and Answers by the date in the Timeline of Events section of this ITB do not in themselves constitute addenda to this ITB.

2.2 Addenda to the ITB

The Department reserves the right to modify this solicitation by addenda. Addenda may modify any aspect of this solicitation. Any addenda issued will be posted on VIP and the Business Network. It is the Bidder’s responsibility to check VIP and the Business Network for any changes throughout the solicitation process and prior to submitting a Bid.

2.3 Public Opening

Bids will be opened, and the names of Bidders will be announced at a public meeting on the date and at the location indicated in the Timeline of Events section. Bidders are not required to attend. In accordance with section 119.071(1)(b), F.S., the Department will not provide other information regarding the received Bids at the public opening.

2.4 Special Accommodations

Any person requiring a special accommodation due to a disability should contact the Department’s Americans with Disabilities Act (ADA) Coordinator at 850-922-7535 or ADA.Coordinator@dms.fl.gov at least f ive Business Days prior to the scheduled event. If hearing or speech-impaired, please contact the ADA Coordinator by using the Florida Relay Service at

800-955-8771 (TDD).

2.5 Mandatory Responsive Requirements

The Department will not review Bids from Bidders who do not meet the mandatory responsive requirements listed in Attachment L, Mandatory Responsive Requirements, or Bidders who fail to submit a signed Attachment L, Mandatory Responsive Requirements.

Note: The Department will perform an initial responsiveness check. Bids found to be non-responsive will not be considered for award. The Department reserves the right to act upon information discovered during and after the initial responsiveness check impacting the responsibility or responsiveness of the Bid or Bidder.

The Department will not review Bids from Bidders who do not meet or make the certif ications within Attachment M, Experience, Capability, and Past Performance Questionnaire, or Bidders mailto:ADA.Coordinator@dms.fl.gov

ITB No. 23-80101507-ITB-Supplemental26 Page 12 of 23 who fail to submit a signed Attachment M, Experience, Capability, and Past Performance Questionnaire.

The Bidder must submit a completed Attachment D, Executive Summary and Staffing Resource Management Plan, when submitting a Bid. Bidder must provide the Bidder’s specific response for each question number in Attachment D, Executive Summary and Staffing Resource Management Plan, which must include the following for each question: 1) The question number and prompt, and 2) the Bidder’s response to that question number and prompt. Bidder must respond to the questions asked by including information that the Bidder determines is the best representation of Bidder’s current IT Staff Augmentation services offerings. Bidder must not provide an overarching narrative which responds to multiple question numbers at once. Failure to provide a response for each question number in accordance with these instructions may result in a Bidder being deemed non-responsive. The Bidder’s Executive Summary and Staff ing Resource Management Plan will be incorporated into the Contract to assist Customers with their determination of which Prequalif ied Vendor(s) to hire.

The Bidder must submit a completed and unaltered Attachment P, PUR 1355 Foreign Country of Concern Attestation.

The Bidder must submit a completed and unaltered Attachment Q, PUR 7801 Vendor Certif ication Form.

The Bidder must submit a completed and unaltered Attachment R, PUR 2024 Use of Coercion for Labor or Services.

Bidders must upload a completed and unaltered electronic copy of Attachment E, Price Sheet into the MFMP Business Network application. Bidder must provide Attachment E, Price Sheet, in accordance with the Price Sheet Instructions of the ITB, and complete the following:

i. Provide Proposed Price(s) in Attachment E, Price Sheet, and upload it into the MFMP Business Network.

ii. Do not change or alter Attachment E, Price Sheet, when providing Proposed Prices.

iii. Submit Attachment E, Price Sheet in Microsoft Excel .xlsx format. Do not convert to

PDF or scan Attachment E, Price Sheet.

iv. Do not submit any version of the Price Sheet that is not part of the solicitation documents.

v. Current Vendors shall not submit pricing in Attachment E, Price Sheet, for Job Titles previously awarded a contract to provide on the existing State Term Contract 80101507- 23-STC-ITSA. Any such pricing shall not be eligible for an award under this Supplemental Invitation to Bid and shall not be considered by the Department. The Department reserves the right to remove such pricing and evaluate any remaining Job Title pricing which does not conflict with this instruction.

vi. Price Sheets and Proposed Prices not provided in accordance with this subsection may be deemed non-responsive.

2.6 Equal Bids

In the event that there is no multiple award contemplated in the ITB, and the Department receives

ITB No. 23-80101507-ITB-Supplemental26 Page 13 of 23 equal Bids eligible for award, the Department will comply with the following, as applicable:

sections 287.057(12), 287.082, 287.087, 287.092, 295.187(4)(a), and 295.187(4)(b), F.S. In order to clarify the Bidders’ status with regard to the applicable statutory preference requirements, the Department may request information from Bidders with equal eligible bids. A Bidder will not be permitted to amend or supplement its Bid in response to such request for clarif ication.

2.7 Basis of Award

The Department intends to make multiple awards from this solicitation. A Term Contract will be awarded to the responsive and responsible Bidder(s) that submits the lowest responsive Bid(s) for Job Titles in accordance with the Price Sheet Instruction within Section 3.8 of this solicitation, and Attachment E, Price Sheet, and who also meet the solicitation’s requirements for Prequalif ication on the State Term Contract, including the restrictions for Current Vendors outlined in Section 1.4.

Proposed prices that do not exceed the Ceiling Rate(s) for a respective Job Title, including respective Scope Variants, will be deemed to be the lowest Bid(s). However, if any of Bidder’s Proposed Prices for a respective Job Title, including respective Scope Variants, exceed the Ceiling Rate then the Bidder will not be deemed to have submitted the lowest Bid for that Job Title or any Scope Variant within it.

Awarded Bidders will be prequalif ied to respond to Customer Requests for Quotes to provide Information Technology Staff Augmentation contractual services by Job Title.

The Department intends to post a notice of intent to award to prequalify multiple Bidders; however, the Department reserves the right to award to one or more vendors statewide or by region, or to make no award, as determined to be in the best interest of the State.

2.8 Electronic Posting of Notice of Intent to Award

The Department will electronically post a notice of intent to award on VIP and in the Business Network in accordance with the Timeline of Events of this ITB. The notice of intent to award will remain posted for a period of 72 hours, not including Saturdays and Sundays or State holidays, as specified in section 110.117, F.S.

2.9 Contract Formation

The Department may issue a notice of intent to award to award Term Contract(s) to successful Bidder(s). The award does not imply execution of a Term Contract. No contract shall be formed between a Bidder and the Department until both parties sign the Term Contract. The Department shall not be liable for any work performed before the Term Contract is effective and a valid purchase order has been issued by the Customer to the Contractor.

The Department intends to enter into a Term Contract(s) with Bidder(s) pursuant to the Basis for Award section of this solicitation. No additional documents submitted by a Bidder shall be incorporated in the Term Contract unless they are specifically identif ied, incorporated by reference, and approved by the Department. If any additional documents are submitted by the Bidder, the additional documents will not be considered for the basis for award. Receiving a Contract is not a guarantee of work.

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2.10 Other Requirements Following Award

2.10.1 Registration with the Florida Department of State

If awarded a Term Contract, the Bidder shall provide a PDF file of its current and active registration with the Florida Department of State prior to execution of a Term Contract or, if exempt from registration, a statement to that effect noting the basis for the exemption.

Bidders should note that foreign entities are required to obtain a Florida Certif icate of Authorization pursuant to applicable Florida Statutes from the Florida Department of State, Division of Corporations, to transact business in the State of Florida. For additional information, please visit https://dos.myflorida.com/sunbiz/.

2.10.2 Florida Substitute Form W-9

It is the responsibility of the awarded Bidder to complete a Florida Substitute Form W-9 prior to execution of a Term Contract. The Internal Revenue Service receives and validates the information provided on the Florida Substitute Form W-9. For instructions on how to complete the Florida Substitute Form W-9, please visit https://f lvendor.myfloridacfo.com/.

2.10.3 PUR 7801 Vendor Certification Form

It is the responsibility of the awarded Bidder to provide a completed Attachment Q, PUR 7801 Vendor Certif ication Form prior to Term Contract execution and annually thereafter throughout the term of the Term Contract. A completed Attachment Q, PUR 7801 Vendor Certif ication Form includes any required forms referenced therein.

3 RESPONDING TO THE ITB

3.1 General Instructions

The PUR 1001, General Instructions to Respondents (10/06), is incorporated by reference and is accessible at https://www.dms.myflorida.com/content/download/2934/11780/PUR_1001_General_Instructi ons_to_Respondents.pdf.

3.2 Special Instructions

The following special instructions modify the general instructions provided in the incorporated

PUR 1001.

Sections 8, 10, 13, 17, and 18 of the PUR 1001 are deleted in entirety.

Sections 3, 4, 5, 7, 9, 11, 14, 15, 19, and 20 of the PUR 1001 are inapplicable and are replaced as follows:

3. Electronic Submission of Bids. Bids shall be submitted in accordance with the How to Access the Sourcing Event in MyFloridaMarketPlace section of this solicitation.

4. Terms and Conditions. All Bids are subject to the terms of this solicitation, which, in case of conflict, will have the order of precedence listed in the ‘Order of Precedence for Solicitation’ section.

https://dos.myflorida.com/sunbiz/ https://flvendor.myfloridacfo.com/ https://www.dms.myflorida.com/content/download/2934/11780/PUR_1001_General_Instructions_to_Respondents.pdf https://www.dms.myflorida.com/content/download/2934/11780/PUR_1001_General_Instructions_to_Respondents.pdf

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The Department will not accept any unrequested terms or conditions submitted by a Bidder, including any appearing in documents attached as part of a Bidder’s response or hyperlinked therein. In submitting its Bid, a Bidder agrees that any additional terms or conditions, whether submitted intentionally or inadvertently, shall have no force or effect.

5. Questions. Questions shall be submitted in accordance with the ‘Question Submission’ section of this solicitation.

7. Convicted Vendor, Discriminatory Vendor, Antitrust Violator, and Forced Labor Vendor Lists.

a. Convicted Vendor List.

Pursuant to section 287.133, F.S., a person or affiliate who has been placed on the Convicted Vendor List following a conviction for a public entity crime may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property to a public entity; may not be awarded or perform work as a Contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in section 287.017, F.S. for CATEGORY TWO for a period of 36 months following the date of being placed on the Convicted Vendor List.

b. Discriminatory Vendor List.

Pursuant to section 287.134, F.S., an entity or affiliate who has been placed on the Discriminatory Vendor List may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property to a public entity; may not be awarded or perform work as a Contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity.

c. Antitrust Violator Vendor List.

Pursuant to section 287.137, F.S., a person or an affiliate who has been placed on the Antitrust Violator Vendor List following a conviction or being held civilly liable for an antitrust violation may not submit a bid, proposal, or reply for any new contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply for a new contract with a public entity for the construction or repair of a public building or public work; may not submit a bid, proposal, or reply on new leases of real property to a public entity; may not be awarded or perform work as a Contractor, supplier, subcontractor, or consultant under a new contract with a public entity; and may not transact new business with a public entity.

d. Forced Labor Vendor List.

Pursuant to section 287.1346, F.S., a company placed on the Forced Labor Vendor List may not submit a bid, proposal, or reply on a contract to provide commodities to an agency; be awarded a contract or perform work as a Contractor, supplier, subcontractor, or consultant with an agency for the provision of commodities; or transact business for the provision of commodities with an agency. Additionally, an agency may not accept a bid, proposal, or reply from; award a contract to; or transact business pertaining to the provision of commodities with a company on the forced labor vendor list, or an entity under the control of such company, for a period of 365

ITB No. 23-80101507-ITB-Supplemental26 Page 16 of 23 days after the date the company was placed on the list unless the company is removed from the list pursuant to section 287.1346(5)(d), F.S.

9. Bidder’s Representation and Authorization. In submitting a Bid, each Bidder certif ies that it understands, represents, and acknowledges the following:

a. The Bidder is not currently under suspension or debarment by the State or any other governmental authority.

b. The Bidder currently has no delinquent obligations to the State, including a claim by the State for liquidated damages under any other contract.

c. The submission is made in good faith and not pursuant to any agreement or discussion with, or inducement from, any entity or person to submit a complementary or other noncompetitive Bid.

d. The prices and amounts have been arrived at independently and without consultation, communication, or agreement with any other Bidder or potential Bidder; neither the prices nor amounts, actual or approximate, have been disclosed to any other Bidder or potential Bidder, and they will not be disclosed before the solicitation opening.

e. The Bidder has fully informed the Department in writing of all convictions of the Bidder, its affiliates (as defined in section 287.133(1)(a), F.S.), and all directors, officers, and employees of the Bidder and its affiliates for violation of any state or federal law involving a public entity crime (as defined in section 287.133(1)(g), F.S.). This includes disclosure of the names of current employees who were convicted of public entity crimes while in the employ of another company.

f. Neither the Bidder nor any person associated with it in the capacity of owner, partner, director, officer, principal, investigator, project director, manager, auditor, or in a position involving the administration of federal funds:

o Is presently indicted or, within the preceding two years, has been convicted or found guilty of, or found civilly liable for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a federal, state, or local government transaction or public contract; violation of federal or state antitrust statutes; or commission of embezzlement, theft, forgery, bribery, falsif ication or destruction of records, making false statements, or receiving stolen property; or o Has within a two-year period preceding this certif ication had one or more federal, state, or local government contracts terminated for cause or default.

g. The products and services offered by the Bidder conform to the specifications contained herein without exception.

h. The Bidder has read and understands the terms and conditions listed in the Draft Term Contract, and the submission is made in conformance with those terms and conditions.

i. If an award is made to the Bidder, the Bidder agrees that it will execute the Draft Term Contract.

j. The Bidder has made a diligent inquiry of its employees and agents responsible for preparing, approving, or submitting the Bid, and has been advised by each of them that he or she has not participated in any communication, consultation, discussion, agreement, collusion, act, or other conduct inconsistent with any of the statements and representations made in the Bid.

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k. The Bidder shall indemnify, defend, and hold harmless the Department, Customer, and their employees against any cost, damage, or expense which may be incurred or be caused by the Bidder’s Bid (including any errors therein).

l. All information provided by, and representations made by, the Bidder are material and important and will be relied upon by the Department in awarding the Term Contract. Any misstatement may be treated as fraudulent concealment from the Department and Customers of the true facts relating to submission of the Bid. A misrepresentation may be punishable under law.

The Department reserves the right to deem the Bidder non-responsive or non-responsible based on any information provided in, or omitted from, the Bidder’s Bid related to the certif ications of this section.

11. Performance Qualifications. The Customer reserves the right to investigate or inspect at any time whether the product, qualif ications, or facilities offered by the Vendor meet the Term Contract requirements. Vendor shall at all times during the Term Contract term remain responsive and responsible. In determining a Vendor’s responsibility, DMS shall consider all information or evidence which is gathered or comes to the attention of the agency which demonstrates the Vendor’s capability to fully satisfy the requirements of the solicitation and the Term Contract.

A Vendor must be prepared, if requested, to present evidence of experience, ability, and financial standing, as well as a statement as to plant, machinery, and capacity of the respondent for the production, distribution, and servicing of the product bid. If DMS determines that the conditions of the solicitation documents are not complied with, or that the product proposed to be furnished does not meet the specified requirements, or that the qualif ications, f inancial standing, or facilities are not satisfactory, or that performance is untimely, DMS may reject the response or terminate the Term Contract. A Vendor may be disqualif ied from receiving awards if Vendor, or anyone in Vendor’s employment, has previously failed to perform satisfactorily in connection with public bidding or contracts.

This paragraph shall not mean or imply that it is obligatory upon DMS to make an investigation either before or after award of the Term Contract, but should DMS elect to do so, a Vendor is not relieved from fulfilling all Term Contract requirements.

14. Firm Response. The Department intends to make an award within 180 days after the date of the opening, during which period Bids shall remain firm and shall not be withdrawn. If award is not made within 180 days, the Bid shall remain firm until the Department enters into a Term Contract or the Department receives from the Bidder written notice that the Bid is withdrawn.

15. Clarifying Information. The Department may request, and Bidder shall provide, clarifying information or documentation. Failure to supply the information or documentation as requested may result in the Bid being deemed non-responsive.

19. Public Records. Article 1, section 24, Florida Constitution, guarantees every person access to all public records, and section 119.011, F.S., provides a broad definition of “public record.” As such, the entirety of the Bids are public records and are subject to disclosure unless exempt from disclosure by law. If the Bidder considers any portion of its Bid to be Confidential Information, the Bidder is to mark the document as “confidential” and simultaneously provide the Department with a separate, redacted copy of its Bid. For each portion redacted, the Bidder is to briefly describe in writing the grounds for claiming

ITB No. 23-80101507-ITB-Supplemental26 Page 18 of 23 exemption, including the specific statutory citation for such exemption. On the cover of the redacted copy, the Bidder is to provide its name and the Department’s solicitation name and number and clearly title it, “Redacted Copy.” Only portions of material that the Bidder claims are Confidential Information are to be redacted.

In accordance with section 119.071(1)(b), F.S., Bids are exempt from production in response to public records requests until such time as the Department provides notice of an intended decision or until 30 days after opening the Bids, whichever is earlier. After that time, the Department will provide the redacted copy, if any, in response to a public records request. If the Bidder fails to mark a record it claims contains Confidential Information as “confidential,” or fails to submit a redacted copy in accordance with this section of a record it claims contains Confidential Information, the Department shall have no liability for release of such record. The foregoing will apply to every instance in which the Bidder fails to both mark a record “confidential” and redact it in accordance with this section, regardless of whether the Bidder may have properly marked and redacted the same or similar Confidential Information in another instance or record submitted to the Department.

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 the Bidder has marked a record as “confidential” but failed to provide a redacted copy to the Department, the Department may notify the Bidder of the request and the Bidder may have up to ten (10) Business Days from the date of the notice to provide a Bidder-redacted copy, or else the Department may release the unredacted record to the requestor without liability.

If a requestor asserts a right to the redacted Confidential Information, the Department will notify the Bidder such an assertion has been made. The notice will provide that if the Bidder seeks to protect the Bidder-redacted Confidential Information from release it must, within thirty (30) days after the date of the notice and at its own expense, file a cause of action seeking a declaratory judgment that the information in question is exempt from section 119.07(1), F.S., or other applicable law and an order prohibiting the Department from publicly disclosing the information. The Bidder shall provide written notice to the Department of any cause of action filed. If the Bidder fails to file a cause of action within thirty (30) days the Department may release the unredacted copy of the record to the requestor without liability.

If the Department becomes subject to a demand for discovery or disclosure of documents that are marked as “confidential” in a legal proceeding, (whether by oral questions, interrogatories, requests for information or documents, subpoena, or similar process), unless otherwise prohibited by law, the Department will give the Bidder notice of the demand or request prior to disclosing any Confidential Information to allow the Bidder to seek a protective order or other appropriate relief at the Bidder’s sole discretion and expense. If the Bidder fails to take appropriate and timely action to protect the materials it has designated as Confidential Information or fails to provide a redacted copy that may be disclosed, the Department will provide the unredacted materials to the requester.

By submitting a Bid, the Bidder agrees to protect, defend, and indemnify the Department for all claims, costs, f ines, settlement fees, and attorneys’ fees, at both the trial and appellate levels, arising from or relating to the Bidder’s determination its records contain Confidential Information. In the event of a third-party claim brought against the Department for failure to release the Bidder’s redacted Confidential Information, the Bidder shall

ITB No. 23-80101507-ITB-Supplemental26 Page 19 of 23 assume, at its sole expense, the defense or settlement of such claim, including attorney’s fees and costs at both the trial and appellate levels. If the Bidder fails to continuously undertake the defense or settlement of such claim or if the Bidder and the Department mutually agree that the Department is best suited to undertake the defense or settlement, the Department will have the right, but not the obligation, to undertake the defense or settlement of such claim, at its discretion. The Bidder shall be bound by any defense or settlement the Department may make as to such claim, and the Bidder agrees to reimburse the Department for the expense, including reasonable attorney’s fees and costs at both the trial and appellate levels associated with any defense or settlement that the Department may undertake to defend Bidder’s Confidential Information. The Department will also be entitled to join the Bidder in any third-party claim for the purpose of enforcing any right of indemnity under this section.

If at any point the Department is reasonably advised by its counsel that disclosure of the Confidential Information is required by law, including but not limited to Florida’s public records laws, the Department may disclose such Confidential Information without liability hereunder.

20. Protests. Any protest concerning this solicitation should be made in accordance with sections 120.57(3) and 287.042(2), F.S., and Chapter 28-110, F.A.C. Any communication not in accordance with these sections or the solicitation, including questions to the Procurement Officer, will not constitute formal notice of a protest.

3.3 How to Access the Sourcing Event in MyFloridaMarketPlace

3.3.1 VIP and Business Network Registration Requirements

A Vendor must be registered in the MyFloridaMarketPlace (MFMP) Vendor Information Portal (VIP) to submit its intent to participate in this solicitation from the Advertisements Dashboard in VIP. A Vendor must also be registered in the Business Network (formerly known as Ariba Network) to submit questions and respond to this solicitation event.

To Participate in this solicitation, a Vendor must:

a) Create an account through VIP at https://vendor.myfloridamarketplace.com if not already registered. For information on how to register in VIP, access MFMP training materials using the link in MFMP Training section below.

b) Once registered in VIP and logged into your company’s VIP account, search for this solicitation from the Advertisements Dashboard and click “Intends to Participate.”

c) The Vendor’s solicitation contact as listed in Vendor’s VIP account will receive an invitation to participate in the solicitation via email. This email will give the option to register the Vendor’s company on the Business Network or to log into the Business Network using the Vendor’s credentials if the Vendor already has a Business Network account.

If…