ITB-23-007B Web-Based Maintenance Software.pdf

Florida Department of Veterans’ Affairs Agreement No.: FDVA-ITB-23-007B Agreement Title: FDVA WEB BASED MAINTENANCE SOFTWARE

STATE OF FLORIDA

DEPARTMENT OF VETERANS’ AFFAIRS

INVITATION TO BID (ITB)

FDVA-ITB-23-007B

“FDVA WEB-BASED MAINTENANCE SOFTWARE”

SUBMIT ALL INQUIRIES IN WRITING, VIA E-MAIL, TO:

VINCENT HYLAND

PURCHASING SPECIALIST

FLORIDA DEPARTMENT OF VETERANS’ AFFAIRS

MARY GRIZZLE STATE OFFICE BUILDING

11351 ULMERTON ROAD, SUITE 311-K

LARGO, FLORIDA 33778-1630

EMAIL: PURCHASINGLARGO@FDVA.STATE.FL.US

mailto:PurchasingLargo@FDVA.STATE.FL.US

TABLE OF CONTENTS

TITLE PAGE

TITLE PAGE-------------------------------------------------------------------------------------------------------------1

TABLE OF CONTENTS----------------------------------------------------------------------------------------------2

SECTION “I” INTRODUCTION----------------------------------------------------------------------------------3-5

SECTION “II” RESPONDENT INSTRUCTIONS------------------------------------------------------------6-9

SECTION “III” STATEMENT OF WORK------------------------------------------------------------------10-19

SECTION “IV” GENERAL AGREEMENT (“DRAFT”)-------------------------------------------------20-29

FORM “1” RESPONDENT’S ACKNOWLEDGMENT------------------------------------------------------28

FORM “2” RESPONDENT’S REFERENCES------------------------------------------------------------29-31

FORM “3” ADDENDUM ACKNOWLEDGMENT------------------------------------------------------------32

FORM “4” ATTESTATION OF NO CONFLICT--------------------------------------------------------------33

FORM “5” DRUG-FREE WORKPLACE CERTIFICATION-----------------------------------------------34

FORM “6” NON-COLLUSION AFFIDAVIT-------------------------------------------------------------------35

FORM “7” HIPAA ACKNOWLEDGMENT--------------------------------------------------------------------36

FORM “8” PRICE SCHEDULES (INITIAL AND RENEWAL TERMS)----------------------------37-38

SECTION ‘I’

INTRODUCTION

CONTENTS:

1. Issuing Office.

2. Purpose and Scope.

3. Initial and Renewal Terms.

4. Timeline.

5. Public Meeting Agendas.

6. Terms and Conditions.

7. Protest.

1. Issuing Office.

a) The sole points of contact with the Florida Department of Veterans’ Affairs (FDVA), for purposes of this solicitation, are the Purchasing Specialist or Purchasing Officer as identified below:

Primary Contact

Alternate Contact

Vincent Hyland Purchasing Specialist Mary Grizzle State Office Building Florida Department of Veterans’ Affairs 11351 Ulmerton Road, Suite 311-K Largo, FL 33778-1630 Telephone: (727) 518-3202, Ext. 5575 E-mail: PurchasingLargo@FDVA.STATE.FL.US

Scott Gerke Purchasing Officer Mary Grizzle State Office Building Florida Department of Veterans’ Affairs 11351 Ulmerton Road, Suite 311-K Largo, FL 33778-1630 Telephone: (727) 518-3202, Ext. 5557 E-mail: PurchasingLargo@FDVA.STATE.FL.US

b) 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 the notice of intended award, excluding Saturdays, Sundays, and state holidays, any employee or officer of the executive or legislative branch concerning any aspect of this solicitation, except in writing to the procurement officer or as provided in the solicitation documents. Violation of this provision may be grounds for rejecting a response. FDVA shall not be bound by any information from whatever source that is not expressly contained within this solicitation and any issued addendum.

2. Purpose and Scope. Pursuant to Chapter 287, Florida Statutes, FDVA invites interested Contractors to submit bids in accordance with this solicitation. The purpose of this solicitation is to establish an Agreement for Contractor complete provision of a secure web-hosted maintenance software (SaaS/software as a service), utilizing the newest technologies, which will serve all of FDVA’s eight (8) existing state veterans’ nursing homes; as well as the one (1) domicillary, as well as subsequent training, monthly system access subscription, technical support, and system maintenance. Contractor must be the publisher of the system software, as well as the owner of the intellectual property and source code. For further details, see Section III “Statement of Work”.

3. Initial and Renewal Terms. The initial term of the Agreement, resulting from this solicitation, shall commence on the date of fully executed Agreement and be for a period of three (3) years. The agreement may be renewed, in whole or in part, for one additional term not to exceed three (3) years. Renewal will not include any compensation for costs associated with the renewal. Any renewal shall specify the renewal price, as set forth in the Contractor’s response. Renewal shall be in writing and subject to the same terms and conditions as set forth in the agreement. Any renewal shall be contingent upon satisfactory initial term performance evaluations as determined solely by FDVA and subject to availability of annual appropriation of funds as approved by the State of Florida Legislature.

4. Timeline. Pursuant to the provisions of the Americans with Disabilities Act, any person requiring special accommodations to participate in public meetings related to this solicitation are asked to advise FDVA at least five (5) business days before the meeting by contacting the FDVA Primary Contact at the email address provided above. If you are hearing or speech impaired, please contact Florida Relay Services at 1-800-955-8771 (TDD) or 1-800-955-8770 (Voice). It is the interested person’s responsibility to monitor the State of Florida Vendor Information Portal (VIP) for any new or changing information concerning this solicitation. The below specified events, dates, and times are subject to change:

5. Public Meeting Agendas.

a) Bid Opening Meeting (Reference above “Timeline”):

1) Opening Remarks and Introductions.

2) Bid Opening and Tabulation (Announcement of Company Name and Total Bid Price).

3) Public Comment Opportunity.

4) Closing Remarks and Adjournment.

6. Terms and Conditions.

a) The State of Florida’s General Contract Conditions are outlined in Form PUR 1000, which is a downloadable document incorporated into this Invitation to Bid (ITB) by reference. Any terms and conditions set forth in this ITB document take precedence over Form PUR 1000 where applicable.

https://www.dms.myflorida.com/content/download/2933/11777/PUR_1000_General_Contract_Condition s.pdf

b) The State of Florida’s General Instructions to Respondents are outlined in Form PUR 1001, which is a downloadable document incorporated into this Invitation to Bid (ITB) by reference. Any terms and conditions set forth in this ITB document take precedence over Form PUR 1001 where applicable.

https://www.dms.myflorida.com/content/download/2934/11780/PUR_1001_General_Instructions_to_Res pondents.pdf

If you are unable to access Forms PUR 1000 or PUR 1001, you may contact the FDVA Primary Contact at the email address provided above to obtain a copy of these documents. If you are hearing or speech impaired, please contact Florida Relay Services at 1-800-955-8771 (TDD) or 1-800-955-8770 (Voice).

7. Protest. Any protest concerning this solicitation shall be made in accordance with Section 120.57(3) and 287.042(2), Florida Statutes and Chapter 28-110 of the Florida Administrative Code. Questions to FDVA Primary or Alternate Contact shall not constitute formal notice of a protest. It is FDVA intent

EVENT

EVENT DATE

Issued Invitation To Bid (ITB). Friday, January 27, 2023

Respondents Written Questions Due (Prior to 3:00 PM Local Time). Wednesday, February 01, 2023

“Anticipated” Posting of FDVA Response to Respondent Questions.

Monday, February 06, 2023

Bid Due Date/Time (Prior to 3:00 PM Local Time) and Opening

Wednesday, February 15, 2023

“Anticipated” Posting of FDVA Notice of Intent to Award.

Friday, February 24, 2023

“Anticipated” Execution of Agreement / Contract Commencement Tuesday, March 07, 2023 https://www.dms.myflorida.com/content/download/2933/11777/PUR_1000_General_Contract_Conditions.pdf 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 https://www.dms.myflorida.com/content/download/2934/11780/PUR_1001_General_Instructions_to_Respondents.pdf to ensure that specifications are written to obtain the best value for the State of Florida, ensure competitiveness, fairness, necessity and reasonableness in the solicitation process, and meet FDVA requirements.

a) Section 120.57(3)(b), Florida Statutes and Section 28-110.003, Florida Administrative Code:

Requires that a notice of protest of the solicitation documents shall be made within seventy-two hours after the posting of the solicitation.

b) Section 120.57(3)(a), Florida Statutes: Requires the following statement to be included in the solicitation: "Failure to file a protest within the time prescribed in Section 120.57(3), Florida Statutes, shall constitute a waiver of proceedings under Chapter 120, Florida Statutes”.

c) Section 28-110.005, Florida Administrative Code: Requires the following statement to be included in the solicitation: "Failure to file a protest within the time prescribed in Section 120.57(3), Florida Statutes, or failure to post the bond or other security required by law within the time allowed for filing a bond shall constitute a waiver of proceedings under Chapter 120, Florida Statutes”.

Any protest concerning FDVA decision must be timely received by FDVA Agency Clerk at: Florida Department of Veterans’ Affairs, Office of the General Counsel - Agency Clerk, The Capitol, Suite 2105, 400 South Monroe Street, Tallahassee, FL 32399-0001.

DOCUMENT CONTINUES ON THE FOLLOWING PAGE

SECTION “II”

RESPONDENT INSTRUCTIONS

CONTENTS:

1. Cost Incurred.

2. Respondent Registration.

3. Florida Secretary of State Registration.

4. Form W-9 Requirement.

5. State of Florida Vendor Bid System (VBS).

6. Florida Veteran Business Enterprise Opportunity Act.

7. Certified Minority Business Enterprises (CMBE).

8. Respondent Questions and FDVA Addendum.

9. Qualifications.

10. Bid Guidelines.

11. Sealed Bid.

12. Submission of Bid.

13. Withdrawal of Bid.

14. Modification of Bid.

15. Bid Opening.

16. Rights of FDVA.

1. Cost Incurred. All expenses involved with Respondent preparation and submission of its bid to FDVA, or any work performed in connection therewith, shall be born solely by the Respondent. No payment will be made for any bids received, or for any other effort required of, or made by Respondent or the successful Contractor.

2. Respondent Registration. Respondent must be fully registered with the State of Florida’s “My Florida Market Place” procurement system by the bid opening due date and time as provided in the Timeline. Respondent must register on-line at website https://vendor.myfloridamarketplace.com.

Respondent failure to do so may result in the Respondent being considered non-responsive and prevent the awarded Contractor from transacting any business with FDVA. For assistance, Respondent shall contact the State of Florida Vendor Help Desk at 866-352-3776.

3. Florida Secretary of State Registration. Respondent, whether a domestic or foreign entity, must register with the Florida Secretary of State (Florida Department of State, Division of Corporations), as well as secure and include its certificate of authority with its sealed submitted bid, by the bid opening due date and time as provided in the Timeline. Respondent failure to do so may result in the Respondent being considered non-responsive. Further, awarded Contractor must maintain its registration and certificate of authority with the Florida Secretary of State (Department of State, Division of Corporations) for the life of the Agreement. Failure to do so will prevent the awarded Contractor from transacting any business with FDVA. For assistance, Respondent shall access the Florida Department of State, Division of Corporations website http://search.sunbiz.org.

4. Form W-9 Requirement. Respondent must register and submit its electronic Form W-9 to the State of Florida Department of Financial Services (DFS). Respondent failure to do so, by the bid opening due date and time as provided in the Timeline, may result in the Respondent being considered non-responsive and prevent the awarded Contractor from transacting any business with FDVA. The Internal Revenue Service (IRS) receives and validates all Respondent Form W-9 information. To view compliance instructions and submit Form W-9, Respondent must access website https://flvendor.myfloridacfo.com/.

For assistance, Respondent shall contact the State of Florida Vendor Form W-9 Help Desk at 850-413- 5519.

https://vendor.myfloridamarketplace.com/ http://search.sunbiz.org/

5. State of Florida Vendor Information Portal (VIP). Respondent must register on-line via https://vendor.myfloridamarketplace.com for electronic notification of solicitations from the State of Florida’s Vendor Information Portal (VIP). Respondent failure to do so may result in the Respondent being considered non-responsive. The State of Florida and FDVA are not under any obligation and do not guarantee that vendors will receive electronic notifications concerning the posting of notices, addendum, intent to award; as well as withdrawal, cancellation, or close of solicitations. Vendors are solely responsible for monitoring the State of Florida’s Vendor Information Portal (VIP) for new or changing information concerning solicitations. For assistance, Respondent shall contact the State of Florida Vendor Help Desk at 866-352-3776 or via email address vendorhelp@myflorida.com.

6. Florida Veteran Business Enterprise Opportunity Act. In accordance with the Florida Veteran Business Enterprise Opportunity Act, Section 295.187, Florida Statutes, a state agency, when considering two or more bids for the procurement of commodities or contractual services, at least one of which is from a certified veteran business enterprise, which are equal with respect to all relevant considerations, including price, quality, and service, shall award such procurement or contract to the certified veteran business enterprise. Notwithstanding Section 287.057(11), Florida Statutes, if a veteran business enterprise entitled to the vendor preference under this section and one or more businesses entitled to this preference or another vendor preference provided by law submit bids for procurement of commodities or contractual services which are equal with respect to all relevant considerations, including price, quality, and service, the state agency shall award the procurement or contract to the business having the smallest net worth. Information on certification procedures for vendor preference programs is available from the Office of Supplier Diversity (OSD) website http://osd.dms.state.fl.us, by phone at 850- 487-0915, or via email at OSDHelp@dms.myflorida.com.

7. Certified Minority Business Enterprises (CMBE). Respondents are encouraged to seek the participation of certified minority business enterprises (CMBE). Information on CMBE procedures and programs is available online from the Office of Supplier Diversity (OSD) website http://osd.dms.state.fl.us, by phone at 850-487-0915 or via email at OSDHelp@dms.myflorida.com.

8. Respondent Questions and FDVA Addendum. No negotiations, decisions, or actions will be initiated or executed by a Respondent as a result of oral discussions with any FDVA or State of Florida employee. Only Respondent written questions, which are signed by persons authorized to contractually bind the Respondent, will be recognized by FDVA as duly authorized expression on behalf of the Respondent. Respondent written questions must be submitted via email (in e-mail body or attached MS Word document), by the deadline as provided in the solicitation’s Timeline, to the Primary Contact Person in Section I of this solicitation. FDVA reserves the right to issue addendum(s) to solicitations, only those communications will be considered as a duly authorized expression on behalf of FDVA. Addendum(s) will contain FDVA clarifications or responses to Respondent questions, as well as details that identify formal changes to the solicitation. In accordance with the solicitation’s Timeline, FDVA addendum shall be published on the State of Florida Vendor Information Portal (VIP). If no written inquiries are submitted by a Respondent, all conditions and requirements specified within the solicitation shall be deemed accepted and understood by the Respondent. Each Respondent is solely responsible for monitoring the State of Florida Vendor Information Portal (VIP), for new or changing information concerning all solicitations.

9. Qualifications. Award of the Agreement, in all respects of this solicitation and any issued addendum, shall be made to the Respondent whose bid is determined to be the lowest responsive, responsible bid, a determination that shall be made solely at the discretion of FDVA. The Respondent affirms and declares that Respondent has:

a) The capacity to do business within the State of Florida.

b) The necessary abilities, staff, experience, facilities, equipment, materials, and financial resources, at the present time, to complete the requirements of the Agreement in a satisfactory manner and within the required time.

c) All federal, state and local registrations, licenses, certifications, and permits legally required to perform and complete the services as called for herein; including but not limited to any other related agreements.

https://vendor.myfloridamarketplace.com/ http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0200-0299/0287/Sections/0287.057.html http://osd.dms.state.fl.us/ mailto:OSDHelp@dms.myflorida.com http://osd.dms.state.fl.us/ mailto:OSDHelp@dms.myflorida.com

d) The intention, commitment, and means to comply with all federal, state and local codes, laws, ordinances, rules, regulations, guidelines, and requirements that could affect the provision of required services in any manner.

e) No arrearage to the State of Florida upon debt or Agreement, nor default as surety or otherwise, upon any obligation to the State of Florida.

f) Present good standing with the State of Florida and is not on the state’s lists of ineligible contractors.

g) No member, officer, or employee of FDVA who during his or her tenure or for two (2) years thereafter shall have any interest, direct or indirect, in the Agreement or the proceeds thereof.

h) Respondent is of lawful age and that no other person, contractor, or corporation has any interest in the bids or Agreement proposed to be entered into.

i) Respondent has thoroughly examined all available drawings and specifications, schedules, instructions, the solicitation, and addendum; as well as made all investigations necessary to thoroughly inform themselves regarding facilities for delivery of services as required by the solicitation. No plea of ignorance by the Respondent of conditions that exist, or that may hereafter exist as a result of failure or omission on the part of the Respondent to make the necessary examinations and investigations, or failure to fulfill in every detail the requirements of the solicitation, will be accepted as a basis for varying the requirements of FDVA or compensation to the successful Contractor.

10. Bid Guidelines. Respondent’s bid must follow the format, structure, and sequence as required by this solicitation.

a) Respondents are advised that all FDVA solicitations and agreements are subject to all legal requirements as provided under Florida law.

b) Respondents are advised that exceptions to any terms or conditions contained in this solicitation must be identified in its written questions and submitted via email (by the deadline as provided in the Timeline; to the Primary Contact Person specified in Section 1 of this solicitation). Failure to do so may lead FDVA to declare any such term or condition as non-negotiable. Respondent’s desire to take exception to a non-negotiable term will not disqualify it from consideration for award.

c) If no request for clarification is submitted by Respondent, all conditions and requirements specified within the Agreement shall be deemed accepted and understood by Respondent.

d) FDVA objects to and shall not consider any additional terms or conditions submitted by a Respondent, including any appearing in documents attached as part of a Respondent’s bid. In submitting its bid, a Respondent agrees that any additional terms or conditions, whether submitted intentionally or inadvertently, shall have no force or effect.

e) Prices shall be Respondent net, delivered prices, F.O.B. Destination. All pricing must be in United States dollars (i.e. $1.00, USD). FDVA does not pay local, state, or federal taxes; including recovery fees, sales tax, or excise tax. FDVA tax-exempt certificate will be available upon request.

11. Sealed Bid. Respondent’s bid including all forms required by this solicitation, as provided by FDVA (in their original format), must be fully executed and submitted in a sealed envelope; one (1) sealed original copy and two (2) individually sealed duplicate copies. All three (3) individually sealed envelopes must then be placed in one (1) outer package (size appropriate envelope or box) and sealed. Each of the three (3) individually sealed envelopes and the outer package shall be clearly labeled as provided on the title page of this solicitation, including Respondent name and address, solicitation number and title, and the bid opening due date and time as provided in the Timeline. Further, it is the Respondent’s responsibility to clearly identify on the outer packaging of each sealed bid any vendor preference certifications that are applicable to its bid. Respondent failure to provide sealed bid in the manner specified above may result in the bid being considered non-responsive.

12. Submission of Bid. By submitting a bid, each Respondent certifies that it satisfies all criteria specified in the solicitation and any issued addendum. Respondent may not submit more than one bid.

a) Respondent is solely responsible for ensuring that its bid is submitted in accordance with the solicitation and any issued addendum.

b) Respondent shall submit its bid by mail (i.e. USPS, FedEx, or UPS) or in person (i.e. “by hand”) to the attention of the Primary Contact Person specified in Section I of this solicitation. FDVA shall reject any bid submitted electronically (i.e. via e-mail, on disc/drive, etc.).

c) Respondent is solely responsible for ensuring that its bid is received, by the Primary Contact Person specified in Section I of this solicitation, prior to the bid opening due date and time as provided in the Timeline.

13. Withdrawal of Bid. Respondent bid may be withdrawn, provided that Respondent’s written request to withdraw is e-mailed to and received by the Primary Contact Person specified in Section I of this solicitation prior to the bid opening due date and time as provided in the Timeline. Bids may not be withdrawn within sixty (60) business days following the bid opening due date and time as provided in the Timeline.

14. Modification of Bid. Respondent may withdraw, modify, and re-submit its bid, provided the re-submitted bid is received, by the Primary Contact Person specified in Section I of this solicitation, prior to the bid opening due date and time as provided in the Timeline. Respondent re-submitted bid shall be rejected if received, by the Primary Contact Person specified in Section I of this solicitation, after the bid opening due date and time as provided in the Timeline.

15. Bid Opening. FDVA shall reject any bid received after the bid opening due date and time as provided in the Timeline. Bids, received in accordance with the solicitation and any issued addendum, will be opened immediately after the bid opening due date and time as provided in the Timeline. The bid opening shall be performed at the Florida Department of Veterans’ Affairs (FDVA), Mary Grizzle State Office Building, 11351 Ulmerton Road, Suite 311-K, Largo, FL 33778-1630. The public may attend the bid opening. FDVA may choose not to announce prices or release other materials pursuant to Section 119.071, Florida Statutes. Sealed bids, proposals, or replies received by FDVA pursuant to a competitive solicitation shall be exempt from public disclosure until FDVA provides notice of an intended decision, or until 30 days after the opening of bids, proposals, or final replies, whichever occurs earlier.

16. Rights of FDVA. In addition to all other rights of FDVA under Florida law, FDVA specifically reserves the following rights at its sole discretion:

a) FDVA reserves the right to select the bid it believes is in the best interest of the State of Florida and FDVA.

b) FDVA reserves the right to add, change, and delete any requirements of the solicitation.

c) FDVA reserves the right to reject a bid, with or without cause, as nonresponsive, not responsible, not qualified, or not capable.

d) FDVA reserves the right to withdraw, re-issue, or cancel the solicitation with or without cause.

e) FDVA reserves the right to remedy or waive technical errors, immaterial errors, informalities, and irregularities in the solicitation and Respondent bid.

f) FDVA reserves the right to reject a bid if pricing is inconclusive, incomplete, not submitted, or if pricing is not submitted in the format as originally provided in the solicitation.

g) FDVA reserves the right to request any necessary clarifications or supporting documentation.

h) FDVA reserves the right to reject any bid received after bid opening due date and time as provided in the Timeline.

i) FDVA reserves the right to reject any bid submitted electronically (i.e. via e-mail).

j) FDVA reserves the right to reject a bid if Respondent misstates or conceals any material fact in its bid.

k) FDVA reserves the right to reject a bid that fails to include any information required by the solicitation in the specified sequence.

l) FDVA reserves the right to accept and award the Agreement by item, by group, in the aggregate, or by location.

SECTION “III”

STATEMENT OF WORK

CONTENTS

1. General.

2. Project Launch Meeting.

3. Transition and Start-up Plan.

4. Service Locations.

5. Hours of Operation.

6. Authorities Having Jurisdiction.

7. Project Management.

8. Contractor Qualifications.

9. Contractor Staff Requirements.

10. System Requirements.

11. Application Requirements.

12. Software Operating Requirements.

13. Related Software.

14. System Data Security.

15. Security of Electronic Protected Health Information (EPHI).

16. Data Ownership.

17. Data Center Requirements.

18. Data Center Audit.

19. System Commissioning.

20. FDVA Training.

21. Warranty.

22. Technical Support and Maintenance Request.

23. Quality Assurance.

24. Performance Evaluation.

25. Performance Standards.

26. Performance Remedy.

27. End of Agreement Transition.

1. General. Contractor shall provide and maintain a new Automated Web-based Building Management System (BMS) for the current eight (8) Nursing Home Facilities, one (1) Assisted Living Facility along with any FDVA Service Location developed during life of this agreement (Service Locations). This system will be used for generating, collecting, monitoring and managing various facilities maintenance functions including work order submission, equipment inventory and life cycle tracking, preventive maintenance and repair work scheduling and tracking for all FDVA facilities. The system will provide FDVA Largo Office Administration with oversight of facilities management activities with real time information. The system will also serve as a management tool to identify and track capital planning functions required to ensure equipment is refreshed prior to asset’s projected end of life cycle. Contractor will provide for and coordinate initial entry for ALL inventoried equipment per provided lists into vendor’s database and FDVA provided repair history, asset tracking and capital improvement planning.Contractor will also fully provide for data conversion and migration, as well as subsequent training, monthly system access subscription, technical support, and system maintenance. Contractor must be the publisher of the system software, as well as the owner of the intellectual property and source code. FDVA requires the new system to be fully operational, to the full satisfaction and acceptance of FDVA and any applicable authorities having jurisdiction, prior to June 30, 2023.

2. Project Launch Meeting. Within fifteen (15) calendar days from date of fully executed Agreement, Contractor shall schedule and conduct an on-site, post-award “project launch” meeting with FDVA Contract Manager. The purpose of the meeting is to establish lines of communications, verify contact persons, initiate project scheduling, and discuss other relative project topics. Prior to commencement of work, Contractor shall provide FDVA Contract Manager with a written copy of all key contact information, to include but not limited to Contractor contact names, telephone numbers (office, cell, and emergency), and email addresses where Contractor Project Manager or designee can be reached between the hours of 8:00 am and 5:00 pm (Monday through Friday ), as well as outside the hours of operation.

3. Transition and Start-up Plan. Prior to commencement of work, Contractor shall submit a start-up plan to FDVA Contract Manager. The plan will be an effective framework tool for project management and must outline the process by which the Contractor will transition services from current process and to newly implemented system (i.e. staffing placement, project planning, design approvals, work details, milestones, and dated timeline). Contractor shall adhere to the start-up plan; no changes may be made without prior written approval of FDVA Contract Manager. Contractor shall attend all transition of services and implementation meetings to discuss related issues at a frequency as determined solely by

FDVA.

4. Service Locations. Required system services will be utilized onsite at FDVA Headquaters (Largo, FL) and each service location. Additional SVNH locations may be added to the Agreement as new facilities are built. The following SVNH’s are included in the Agreement:

Baldomero Lopez State Veterans’ Nursing Home (Estimated SqFt 73,000) 6919 Parkway Boulevard Land O’ Lakes, FL 34639 Emory L. Bennett State Veterans’ Nursing Home (Estimated SqFt 69,222)) 1920 Mason Avenue Daytona Beach, FL 32117 Alexander Nininger State Veterans’ Nursing Home (Estimated SqFt 83,896) 8401 W. Cypress Drive Pembroke Pines, FL 33025 Clifford Chester Sims State Veterans’ Nursing Home (Estimated SqFt 75,394) 4419 Tram Road Panama City, FL 32404 Douglas Jacobson State Veterans’ Nursing Home (Estimated SqFt 68,700) 21281 Grayton Terrace Port Charlotte, FL 33954 Clyde E. Lassen State Veterans’ Nursing Home (Estimated SqFt 89,150) 4650 State Road 16 St. Augustine, FL 32092 Alwyn C. Cashe State Veterans’ Nursing Home (Estimated SqFt 60,000) 5255 Raymond Street Orlando, FL 32814 Ardie R. Copas State Veterans’ Nursing Home (Estimated SqFt 123,000) 10700 S.W. Tradition Parkway Tradition, FL 34987 Robert HG Jenkins Jr. Veterans’ Domiciliary Home of Florida (Estimated SqFt 751 SE Sycamore Terrace 71,648 SVNH & 4,000 Warehouse) Lake City, FL 32025 Department of Veterans’ Affairs HQ Mary Grizzle Building 11351 Ulmerton Road Largo, FL 33778-1630

5. Hours of Operation. Given the nature and dynamics of FDVA’s mission, time is of the essence in performance of the Agreement. Pursuant to the agreement, all services will be performed 24 hours a day;

7 days a week; 365 days a year in order to meet SVNH resident needs, provide continuity of resident care, and be compliant with local, state, and federal requirements.

6. Authorities Having Jurisdiction. FDVA is licensed by the Agency for Health Care Administration (AHCA), as well as regularly inspected by AHCA, United States Department of Veterans’ Affairs (USDVA), and Centers for Medicare and Medicaid Services (CMS). Contractor shall reference, adhere to, and comply with all applicable local, state, and federal codes, laws, ordinances, rules, regulations, guidelines, requirements, and any applicable authorities having jurisdiction.

7. Project Management. Contractor shall be responsible for the successful performance and completion of the Agreement, including the work of Contractor staff, as well as agents and their employees, subcontractors and their employees, and all other persons performing any work under the Agreement.

FDVA appointed personnel shall be available to Contractor where it is essential to represent FDVA requirements, review and approve Contractor deliverables, provide operational insight, resolve issues and make decisions regarding alternate administrative, functional, or technical aspects. FDVA and Contractor shall appoint project management staff whose primary duties will be as follows:

a) Contractor Project Manager: Prior to commencement of project, Contractor shall appoint a Project Manager who will function as a liaison between Contractor and FDVA. Contractor’s Project Manager will be responsible for the overall operations statewide, coordinate all activities with FDVA Contract Manager, immediately report any adverse events to FDVA Contract Manager, and be available to meet with FDVA as requested (on location at FDVA Headquarters or specific SVNH). In the absence of Contractor’s Project Manager, Contractor will appoint an alternate to act on behalf of Contractor’s Project Manager. Contractor’s Project Manager does not have the authority to make any changes to the Agreement.

b) FDVA Contract Manager: FDVA shall appoint an FDVA employee, located at FDVA Headquarters (Largo, FL), as FDVA Contract Manager for the Agreement and will be responsible for managing, monitoring, assessing, and certifying that all required Contractor services, surveys, and reports were satisfactorily performed and that invoices are in accordance with the Agreement. FDVA Contract Manager is the Contractor’s primary point of contact and will serve as a liaison between the Contractor and FDVA Contracting Administrator. In the absence of FDVA Contract Manager, FDVA will appoint an alternate to act on behalf of FDVA Contract Manager. FDVA Contract Manager does not have the authority to make any changes to the Agreement.

c) FDVA Contracting Administrator: FDVA Contracting Administrator, located at FDVA Headquarters

(Largo, FL), will be responsible for administering the terms and conditions of the executed Agreement, issuing modifications or amendments, and exercising any option to renew or terminate contract. FDVA Contracting Administrator will be the central point of contact for all contractual matters, as well as any disputes between Contractor and FDVA that cannot be resolved between Contractor and FDVA Contract Manager. In the absence of FDVA Contracting Administrator, FDVA Purchasing Officer will act on behalf of FDVA Contracting Administrator.

8. Contractor Qualifications. Contractor must have no less than five (5) years documented experience in the engaged field and provide references from at least three (3) long term care facilities. As applicable, all Contractor personnel, agents, representatives, subcontractors and their employees, and all other persons performing services or inspections in performance of the Agreement shall be licensed, certified, and manufacturer’s factory authorized to install, maintain, update, repair, and remove the engaged system. Contractor must submit all applicable licenses, certifications, and authorizations to FDVA Contract Manager for verification within fifteen (15) business days from date of fully executed Agreement. Failure of Contractor to provide documentation will prevent commencement of all work until Contractor provides satisfactory evidence to FDVA Contract Manager for verification or may result in termination of Agreement.

9. Contractor Staff Requirements. Contractor shall provide sufficient qualified personnel and supervision to perform the requirements of the Agreement and assume responsibility for managing the Contractor’s Project Team for the life of the Agreement. Contractor shall assure the following personnel qualifications to meet the requirements of the Agreement:

a) Background Screening: In accordance with Section 435.04, Florida Statutes, for the life of the Agreement, Contractor shall be responsible for scheduling, applying and paying for, and securing Level 2 background screening for all Contractor personnel, agents, representatives, subcontractors and their employees, and all other persons performing services in performance of the Agreement.

Upon completion of Level 2 background screening, Contractor shall secure evidence of such completion and provide to FDVA Contract Manager. Prior to commencement of work, FDVA Contract Manager will review each Level 2 background screening’s result and exercise exclusive judgment as to acceptability in accordance with State of Florida requirements. Evidence will be maintained on file at FDVA headquarters (Largo, FL), for auditing purposes.

b) Employment Eligibilty Verification (E-Verify): Pursuant to the State of Florida Executive Order Number 11-116, the U.S. Department of Homeland Security’s E-Verify system will be used to obtain and verify the employment eligibility of all persons employed during the term of the Agreement by the Contractor to perform employment duties within Florida within three (3) business days after the date of hire; and all persons (including subcontractors) assigned by Contractor to perform work pursuant to the Agreement with FDVA within ninety (90) calendar days after the date the Agreement is executed or within thirty (30) days after such persons are assigned to perform work pursuant to the Agreement, whichever is later. The State of Florida shall consider Contractors employment of an unauthorized or undocumented alien to be a violation of Section 274A of the Immigration and Nationalization Act.

Such violation shall be grounds for immediate termination of the Agreement.

c) Staffing Changes: At FDVA’s sole discretion, within thirty (30) calendar days, Contractor shall replace any employee whose continued presence would be detrimental to the success of the Agreement. The replacement must be an employee of equal or superior qualifications. In the event an employee must be removed immediately, for justifiable cause, Contractor will replace staff within twenty-four (24) hours. FDVA Contract Manager will exercise exclusive judgment in this matter.

Contractor shall provide coverage for both scheduled and unscheduled Contractor staff absences, to ensure that required services and continuity of resident care is not interrupted.

d) Meetings: Contractor personnel are required to participate in all FDVA meetings as requested.

e) Communication: All Contractor staff must be able to communicate in English (both verbally and in writing) and be able to liaise with FDVA personnel.

f) Surveys, Inspections, and Audits: Contractor shall fully participate and cooperate with all surveys, inspections, and audits of FDVA, as performed by any internal or external agency, group or team, including but not be limited to AHCA, USDVA, and CMS.

g) Policy and Proceedures: Upon request, Contractor shall make all applicable Contractor policies and proceedures available to FDVA. Upon request, FDVA will make all applicable FDVA policies and proceedures available to Contractor.

10. System Requirements.

a) Requirements:

1) Software as a Service (SaaS) solution for user real time access.

2) Compatible with Windows 11 and above, current release of M365, the most current Microsoft web browser, or Google Chrome. All must stay current with security updates.

3) System must be available 6:00 a.m. to 9:00 p.m. EST, 7 days per week, 365 days a year.

4) System shall provide a responsive hybrid mobile app supporting Android and iOS phones and tablets.

b) Hosting:

1) Infrastructure and telecommunications capabilities in order to support application and data access 6:00 a.m. to 9:00 p.m. EST, 7 days per week, 365 days per year.

2) Inform FDVA of any maintenance required system outages three (3) business days in advance and shall conduct such maintenance during non-business hours (9:00 p.m. to 6:00 a.m.

EST, 7 days per week, 365 days per year).

c) Other Features:

1) Maintain a 99.5 % uptime.

2) System accuracy shall be 100% of what is entered and edite (withstanding human error, data integrity must be consistent, correct, and maintained).

3) Support 24 hour clock and standard time zone, with a daylight saving option.

4) Must complete annual system risk assessment.

5) Must have a disaster recovery plan in place and tested annually.

11. Application Requirements. Web-based building management system (BMS) for each Service

Location along with any FDVA Service Locations developed during life of this agreement with administrative reporting capabilities (Executive Dashboard) at the FDVA Largo HQ Homes Program Offices:

a) Application:

1) Provide a web-based system with smart phone mobile app that allows for submission, generation, assignment, response time and tracking of all work orders

2) Automatic and/or user generated text and email notifications to smart phone devices including PDF, JPEG and Video capabilities

3) Unlimited facility wide access for personnel submitting work order requests-Typical users to include: FDVA Largo Office Administration, Home Administrators, Facility Maintenance Directors, Facility Maintenance Assistants, Facility Business Managers, and other Nursing Care Staff as selected by FDVA Homes Program Director, Program Administrator, and Facility Administrator

4) Ability to assign multiple employees and multiple job procedures to work orders

5) Routine or scheduled preventive maintenance work order generation for user defined events

(Fire Alarm Drills, Fire Extinguisher Log, Filter Changes)

6) Non-scheduled event work order generation for events such as hurricane, disaster, AHCA

Inspection Checklists, power failure and water service loss.

7) Ability to assign Work Orders to individual personnel by nature of repairs needed. IE:

Technical & Electrical to Joe, Plumbing & Mechanical to Bob.

8) Asset Tracking for inventory management.

9) Asset Life Cycle Tracking to assist with Capital Improvement Planning

10) Ability to enter electronic data (PDF’s, JPEG, Video, EXCEL, Word Documents) and print electronic material such as Warranties, Invoices, Preventive Maintenance Instruction, Equipment Documentation and user defined media

11) User-definable cause, failure and remedy codes specific to asset types

12) End User ability to enter electronic copies of warranty info, preventive maintenance guides, service orders and invoices for tracking of assets, preventive maintenance and non-scheduled repairs

13) Project Management-Assign multiple Work Orders to projects and view project history

14) Upload manuals, drawings, user provided instructional videos or other media documents and relate them to work orders

15) Record and track all scheduled and non-scheduled preventive maintenance work orders and work requests in the system

16) Ability to assign & re-assign service requests to employees and/or external partners(vendors)

b) Reports Requirements:

1) Ability to export reports into multiple formats (Excel, PDF, etc.)

2) Ability to view all work history and charges related to each asset

3) Reports to include Life Cycle tracking, Manufacturer, Model #, Date of Install, Serial Number, Servicing Documentation and Annual Expected Life Cycle reporting for capital improvement planning

4) Work Order management will include creating, editing, assigning, status and closing of work orders with time reporting capabilities.

5) Ability to cancel all reports requested as spooling process is building the report. (Immediate exit capabilities).

6) Individual Personnel work order assignment tracking for job performance tracking

7) Ability to track, document and print individual work history for each piece of equipment

8) Reports to be auto-generated and emailed on a pre-set schedule or can be generated at user’s request

9) Store, track and report on component failures, repairs, costs, and number of occurrences per asset

10) Management reports, performance reports, activity and status summaries

c) Data Conversion and Migration:

Contractor shall be responsible for converting the historical data provided by FDVA to the new system. Contractor will perform a review of existing data usage and schema, and shall map existing data to the fields utilized by the proposed system. Contractor must provide FDVA with data formats that will enable conversion data to be extracted in order to import this data into the new system. FDVA shall be responsible for the cleaning and accuracy of data. Appropriate FDVA personnel will be available to assist Contractor in determining the data to be converted into the new system, to provide information and data formats on current FDVA applications, and to review strategies and designs for converting existing data. FDVA will conduct a data conversion test and evaluate results. Contractor shall be responsible for correcting all deficiencies within thirty (30) calendar days from date of discovery, to the full satisfaction of FDVA. All HIPAA safeguards must be in place during the data conversion process; data must be protected at all times.

12. Software Operating Requirements. Application software modules must be fully integrated, menu driven and provide a graphical user interface (GUI). User interface will be consistent across all modules and designed to ensure relative ease of use by trained users with basic keyboard knowledge. Interface shall include on-line editing, validation, file look-up. System must provide on-line help, and error messages.

System will provide security and tracking information on all transactions and audit trails, such as user ID, date, and time. System shall automatically maintain the integrity of data files, indexes, and relationships including simultaneous update of files in all modules, roll-back for reversed or canceled transactions, and cascaded editing. System must also ensure consistency between batch totals and batch details, accounting distributions, header and line items, and other system totals where appropriate. It must be able to handle peak volumes without significant response time degradation.

a) Cloud Recovery Point and Time Objectives. Contractor shall provide Recovery Point Objective (RPO) or maximum acceptable data loss and Recovery Time Objective (RTO) or the timeframe to restore application and services based on the following requirements for the designated application type.

1) Mission Critical Application Tier

• RPO = 30 minutes

• RTO = 1 hour

2) Critical Application Tier

• RPO = 2 hours

• RTO = 4 hours

3) Important Application Tier

• RPO = 4 hours

• RTO = 8 hours

4) Non-Critical Application Tier

• RPO = 8 hours

• RTO = 16 hours

13. Related Software. Contractor must provide all software and licenses required to operate, support and maintain the application software. This includes but is not limited to all software utilities, report writers and query tools, workflow software, development and testing tools, training software, decision support and expert system engines, third party software, and hardware drivers. Contractor will not be required to provide client-side operating systems, communications and networking software, and common office applications: word processing, spreadsheet, e-mail, and internet browser. Contractor must provide a detailed list and description of all software being provided, including but not limited to version and release numbers, manufacturer/ developer, support and maintenance agreements, license terms and limitation (e.g., number of users, etc.)

and hardware platform. Contractor must provide all related software as defined in the executed agreement.

14. System Data Security. Contractor and FDVA shall comply with the applicable requirements of the Security Rule, codified at 45 CFR Part 164, Subparts A and C, issued pursuant to the Administrative Simplification provisions of Title II, Subtitle F of the Health Insurance Portability and Accountability Act of 1996 ("HIPAA-AS"), so that the FDVA may meet compliance obligations under HIPAA-AS.

15. Security of Electronic Protected Health Information (EPHI). Contractor will develop, implement, maintain, and use administrative, technical, and physical safeguards that reasonably and appropriately protect the confidentiality, integrity, and availability (CIA) of EPHI (as defined in 45 CFR 160.103 that Contractor creates, receives, maintains, or transmits on behalf of the FDVA, "EPHI") consistent with the Security Rule.

16. Data Ownership. All information in the system belongs to FDVA and shall not be shared with any person or entity, except when FDVA provides access to its database. Contractor shall not use or allow any online tracking technologies by third parties to track FDVA users or gather information about FDVA users should the FDVA user navigate away from the contractor’s original website(s).

17. Data Center Requirements. Contractor must operate the data center (located within the continental United States) or must partner with an approved data center (located within the continental United States). Contractor shall ensure that data center is in compliance with all HIPAA and CMS/AHCA guidelines, as well as, all federal and state laws governing this type of information and the following requirements:

a) Data Center Physical Requirements:

1) Monitored security 24 hours per day, 7 days per week, 365 days per year.

2) Redundant power systems capable of running all equipment at full capacity indefinitely.

3) Redundant connectivity to the internet.

4) Must be a hardened facility, able to withstand weather and conditions of its location.

5) Data…