ITB0000011_Adobe_Software_Licenses.pdf

Rev. 1.13.26 - V. 26-1

MIAMI-DADE COUNTY, FLORIDA

INVITATION TO BID

(ITB)

Event Number: ITB0000011 Event Title: Adobe Software Licenses

Solicitation Contact: Name: Ernesto Perez Title: Procurement Contracting Officer 2 Department: Strategic Procurement Email: Ernesto.Perez2@miamidade.gov

Solicitation Contact: Name: Pablo Martinez Title: Procurement Contracting Officer 3 Department: Strategic Procurement Email: Pablo.Martinez@miamidade.gov

Solicitation Contact: Name: Natalya Vasilyeva Title: Division Director 2 Department: Strategic Procurement Email: natalya.vasilyeva@miamidade.gov mailto:Ernesto.Perez2@miamidade.gov%20 mailto:Pablo.Martinez@miamidade.gov mailto:natalya.vasilyeva@miamidade.gov

Rev. 1.13.26 - V. 26-1

GENERAL TERMS AND CONDITIONS:

All Miami-Dade County’s general terms and conditions applicable to procurement contracts are posted online.

Bidders that receive an award from Miami-Dade County through the competitive procurement process must anticipate the inclusion of these requirements in the resultant Contract. These general terms and conditions are considered non-negotiable and include important instructions and requirements that affect all Bids. By submitting a Bid for a Miami-Dade County solicitation, a Bidder attests to its understanding of these general terms and conditions.

All applicable terms and conditions pertaining to this Solicitation and resultant Contract may be viewed online at the Strategic Procurement Department’s webpage by clicking on the below link:

general-terms-and-conditions-r26-2.pdf

NOTICE TO ALL BIDDERS:

Bids are to be submitted electronically through a secure mailbox via the Integrated Financial Resources Management System (INFORMS) (https://supplier.miamidade.gov) until the date and time indicated in the INFORMS Solicitation End Date published in INFORMS and in this Solicitation document. It is the sole responsibility of the Bidder to ensure that its Bid is in INFORMS before the Solicitation deadline. There is no cost to the Bidder to submit a Bid for a Miami-Dade County Solicitation via INFORMS. Electronic submissions may require the uploading of electronic attachments. The submission of attachments containing embedded documents or proprietary file extensions is prohibited. All documents should be attached as separate files.

For information concerning this Solicitation, use the question/answer feature provided within the Solicitation by INFORMS at https://supplier.miamidade.gov. Questions of a material nature must be received prior to the date and time of the INFORMS Solicitation Question & Answer End Date specified in the Solicitation. Material changes, if any, to the Solicitation will be made only by written addendum. (See Mandatory Online Forms and Addendum Acknowledgement section of INFORMS site).

Bidders must allow sufficient time to complete online forms and upload all Bid documents. All information and documents must be fully entered, uploaded, acknowledged (“Confirm”) and recorded into INFORMS before the date and time of the INFORMS Solicitation End Date, or the system will stop the process and the submission will be considered late and will not be accepted.

No part of a Bid can be submitted via hardcopy, email, or fax.

If you submit your bid and subsequently an Addendum is issued, failure to submit the bid again by clicking on the “Submit Bid” button, after acknowledging Addenda or editing your bid in INFORMS will result in your bid not being received by the County.

Suppliers/Vendors are encouraged to access the links below to assist with submission of responses to the Solicitation.

Recorded eSupplier Workshop https://www.miamidade.gov/global/news-item.page?Mduid_news=news1652724628268780

Password: q37%t+pG

Submit a Bid Job Aid https://www.miamidade.gov/technology/library/informs/job-aid/submit-a-bid.pdf https://www.miamidade.gov/resources/strategic-procurement/documents/general-terms-and-conditions-r26-2.pdf https://supplier.miamidade.gov/ https://supplier.miamidade.gov/ https://www.miamidade.gov/global/news-item.page?Mduid_news=news1652724628268780 https://www.miamidade.gov/technology/library/informs/job-aid/submit-a-bid.pdf

Rev. 4.22.24

SECTION 2

ADDITIONAL/SPECIAL TERMS AND CONDITIONS

2.1 PURPOSE

The purpose of this solicitation is to establish a contract with an authorized reseller of Adobe products, for the purchase of Adobe Software Licenses, Maintenance and Support Services on an as needed basis. The resultant contract will be awarded for the Communications Information and Technology Department (CITD) as the program administrator on behalf of all County departments.

2.2 TERM OF CONTRACT

This contract shall commence on July 1, 2027, succeeding approval of the contract by the Board of County Commissioners, or designee, unless otherwise stipulated in writing by the County. The contract shall expire on the last day of the thirty-sixth (36th) month.

2.3 OPTION TO RENEW (OTR)

The County shall have the option to renew the Contract for one additional 36-month period. Continuation of the contract beyond the initial term and any option to renew subsequently is a County prerogative and not a right of the Awarded Bidder. Such prerogative will be exercised by the County only when continuation of the contract is clearly in the best interest of the County.

2.4 METHOD OF AWARD

Award of this contract will be made to the lowest responsive, responsible Bidder in the aggregate.

To be considered for award, the Bidder shall offer a price for all items in the Solicitation, exclusive of options. Items that will be provided to the county at no cost must show a zero (0) in the price line. The County will determine the Bidder for award by totaling the extended pricing for all items. If Bidder fails to submit a price for all items in the Solicitation, its offer may be deemed non-responsive.

2.5 BIDDER REQUIREMENTS

In addition to the requirements detailed in Section 1-General Terms and Conditions, Paragraph 1.2-Instructions to Bidders, the Bidder shall meet the following requirements to be considered for award:

2.5.1 Bidder or Bidder’s Subcontractor shall be regularly engaged in the business of providing Adobe goods/services to be considered for award. Bidder or Bidder’s Subcontractor shall provide two (2) different references from customers to whom the Bidder or Bidder’s Subcontractor has provided or is currently providing Adobe goods/services as described throughout this Solicitation. In lieu of the references from the Bidder or Bidder’s Subcontractor, the County will consider the references from Bidder’s key personnel in accordance with Resolution No. 1122-21.

The references should include the customer’s company name, and the contact person’s name, title, address, telephone number, and e-mail address, who can verify that the Bidder/key personnel/Subcontractor has successfully provided the goods/services (Section 4: Submittal Requirements). These references shall ascertain to the County’s satisfaction that the Bidder/key personnel/Subcontractor has sufficient expertise in the industry and its firm is properly equipped to perform the required goods/services.

2.5.2 The Bidder shall be an authorized provider of Adobe products and shall be certified by Adobe as a certified reseller under the Adobe Government Specialized category. To demonstrate compliance with this requirement, the Bidder shall provide a signed letter or certificate from Adobe confirming their status as an authorized reseller under the Adobe Government Specialized category.

2.5.3 The Bidder shall designate at least one company representative who is knowledgeable in the Adobe products being solicited, and who shall be available to the County from Monday through Friday from 8am through 5pm to address and expedite matters relating to a resulting Contract.

To demonstrate compliance with this requirement, the Bidder shall attest to the representative’s knowledge and availability and provide the representative’s name, title, telephone number and email address.

The Bidder shall provide all the information, documents and/or attachments listed above to be considered for award.

All information, documents, and/or attachments listed above are due with the Bid by the solicitation’s end time and date. The County may, at its sole discretion and in its best interest, allow the Bidder to complete, supplement or supply the required information, documents and/or attachments during the bid evaluation period. Failure to provide all the required information, documents and/or attachments with the Bid or, if allowed, as requested by the County during the Bid evaluation period, may result in the Bidder being declared non-responsive or non-responsible.

During the bid evaluation period, the County’s Strategic Procurement Department will review the information, documents and/or attachments submitted by the Bidder, may request additional information from the Bidder, and/or obtain additional information from available sources, to completely evaluate the Bidder’s submittal and ascertain that the Bidder meets the stipulated requirements and determine the Bidder’s ability to perform under a resulting Contract.

The County shall be sole judge of a Bidder’s compliance with requirements and the Bidder’s ability to perform under a resulting Contract. Failure to meet the stipulated requirements or to demonstrate ability to perform under a resulting Contract, as determined by the County, may result in the Bidder being declared non-responsible.

During a resulting Contract, the Bidder has an obligation to advise the County of any changes, intended or otherwise, to the evidence given in compliance with the requirements in this Solicitation.

2.6 PRICES

The Bidder’s price(s) shall be inclusive of all costs, delivery, charges and fees. Additional charges of any kind will not be accepted.

Prices shall remain fixed and firm for the 36-month initial term of the contract except that the Awarded Bidder(s) may offer lower prices, or the County may negotiate lower pricing with the Awarded Bidder(s) based on market research data and other factors that may influence price such as reductions in the manufacturer’s prices, available discounts, etc.

Should the County exercise the optional 36-month OTR term, the Awarded Bidder may, prior to the commencement of the renewal term, submit a single request for a price adjustment to the County based on a manufacturer's revised published price list or a written notification of price increases from the manufacturer to the Awarded Bidder. A copy of the manufacturer’s notification shall be submitted to the County's Strategic Procurement Department (SPD) with the price adjustment request for review at least 90 days prior to the effective date of the renewal term. Any price adjustments authorized by the County shall be formalized by a Contract Modification, originated, and published by SPD. Under no circumstances should an Awarded Bidder invoice the County a price that is higher than the price authorized through the contract award or an approved Contract Modification. The County reserves the right to reject any price adjustments submitted by the Awarded Bidder, and/or terminate the contract with the Awarded Bidder based on such price adjustments.

It is further understood that the County may seek to negotiate any price from the Awarded Bidder in response to a specific order issued under this solicitation. The County reserves the right to negotiate lower pricing based on market research information or other factors that influence price.

2.7 INSURANCE

Section 1, Paragraph 1.22 insurance Requirements is amended to replace paragraphs A.2 and A.3 and add paragraphs A.4 and A.5 as follows:

2. Commercial General Liability Insurance for $1,000,000 each occurrence, $2,000,000 aggregate including Products/completed operations and Personal and adv injury. Miami-Dade County must be included as additional insured for any and all work.

3. Automobile Liability Insurance does not apply to this Solicitation.

4. Professional liability for $1,000,000 each occurrence $2,000,000 aggregate covering claims arising out of the rendering or failure to render professional services or provision of products

5. Cyber Liability for $1,000,000 each occurrence $2,000,000 aggregate

2.8 PURCHASE OF ADDITIONAL ITEMS

The County may purchase any Adobe On-demand Services, Managed Services, and/or On-premise Software

(collectively, “Products and Services”) available under the given licensing model during the term of this contract, including any Adobe program outside of the established Enterprise License Agreement (ETLA), attached hereto as Attachment A. Under these circumstances, a County representative will contact the Awarded Bidder to obtain a price quote for such items. Further, it is understood and agreed that the County may purchase subsequent Adobe product releases or replacement products and/or services from the Awarded Bidder.

2.9 ETLA

The ETLA with Adobe for the purchase or subscriptions of Adobe licensed products is provided herein as Attachment A. The County has purchased and intends to continue purchasing various products from the ETLA Subscription-Based program. The Awarded Bidder must comply with the customer licensing terms contained in Attachment A. Upon the expiration of the current ETLA , the Awarded Bidder will be provided with a copy of the County’s new ETLA with Adobe and shall be required to comply with the terms of the replacement ETLA. The bidders shall not include any additional terms, licensing agreements or exceptions with their bids. Such additional terms, exceptions may conflict with the terms of the solicitation and may render a bid non-responsive.

2.10 TRUE-UP PROCESS

The County has provided a good faith estimate of the number of software licenses required each year under the ETLA (Attachment A) but may add incremental licenses, as needed. At the end of each 12-month period, the County will reconcile the total number of additional licenses added during that period. This reconciliation is referred to as the “true up process”.

The true-up price shall be calculated at fifty percent (50%) of the per-unit license fee and shall apply to all additional qualified licenses users added during the 12-month period under review after payment of the ETLA (Attachment A) annual license fee for the predetermined license users. Therefore, true-up charges shall be billed in arrears for each additional license added during the 12-month period and shall be applicable throughout the life of the contract.

Quantities for the true-up ETLA will be determined on an as-needed basis. True-up quantities will be reconciled based on actual usage during the defined prior period and invoiced in accordance with contract terms.

SECTION 3

TECHNICAL SPECIFICATIONS

3.1 TECHNICAL SPECIFICATIONS OVERVIEW

The County, as represented by the Miami-Dade Communications, Information and Technology Department (CITD) requires Adobe On-demand Services, Managed Services, and/or On-premise Software (collectively, “Products and Services”) from an authorized Adobe Government reseller for various County departments on an as needed basis throughout the contract term.

3.2 ADOBE LICENSES

The County anticipates purchasing the following software licenses annually.

License Description Manufacturing

Part # Annual

Quantity

Adobe Frame.io Full User – Term License and Maintenance and Support 1 User – 12-month

30007972 10

Adobe Acrobat DC Standard - Term with Maintenance and Gold Support – Tier 1 – 12-month Term License

65286683 817

Adobe Acrobat Pro Enterprise Term License -FRL- Offline Multi User - 12 Months - (Feat Restricted Offline)

6093827 13

Adobe Acrobat DC Professional - Term with Maintenance and Gold Support – Tier 1 – 12-month Term License

65286686 6,108

Adobe Captivate Enterprise – Term License and Maintenance and Support – 1 User – 12-month

65291298 9

Adobe Photoshop Enterprise FRL Offline – Term License and Maintenance and Support 1 User – 12-month

65308564 10

Adobe Creative Cloud Enterprise FRL Online – Multi User-Term License and Maintenance and Support – 12-month

65308573 63

Adobe Acrobat Pro Enterprise FRL Offline – Multi User – Term License and Maintenance and Support – 12-month

65310401 13

Adobe Sign Enterprise Subscription (100K transactions) – Term License and Maintenance and Support – 12-month

65315744 1

Adobe Sign for Enterprise Subscription – professional Services – Term License and Maintenance and Support – 12-month

65315950 1

Adobe Sign Sandbox Enterprise – Term License and Maintenance and Support – 12-month

65317510 1

Adobe Creative Cloud Single App Edition 4 with Premium Stock Enterprise – Term License and Maintenance and Support – 1 User – 12-month

65329750 112

Adobe All Apps Edition 4 with Premium Stock – Term License and Maintenance and Support – 1 User – 12-month

65329754 320

Adobe PDF Tools API Enterprise - Per 1000 Transactions 65315631 3,750

SECTION 4

SUBMITTAL REQUIREMENTS

4.1 BIDDER REQUIREMENTS

TO BE COMPLETED BY ALL BIDDERS

Refer to Paragraph 2.5 to ensure that Bidder’s responses and attachments comply with the Solicitation's requirements.

Paragraph Reference

Bidder Requirements

2.5.1

Bidder or Bidder’s Subcontractor shall be regularly engaged in the business of providing Adobe goods/services to be considered for award. Bidder or Bidder’s Subcontractor shall provide two (2) different references from customers to whom the Bidder has provided or is currently providing Adobe goods/services as described throughout this Solicitation. In lieu of the references from the Bidder or Bidder’s Subcontractor, the County will consider the references from Bidder’s key personnel in accordance with Resolution No.

1122-21.

The references should include the customer’s company name, and the contact person’s name, title, address, telephone number, and e-mail address, who can verify that the Bidder/Subcontractor/Bidder’s key personnel has successfully provided the goods/services. These references shall ascertain to the County’s satisfaction that the Bidder has sufficient expertise in the industry and its firm is properly equipped to perform the required goods/services.

Reference Company Name No. 1:

Is reference for the Bidder, Subcontractor, or key personnel:

If Subcontractor, then identify the name of the Subcontractor:

If key personnel, then identify the name of the key personnel:

and make sure that company key personnel worked for is listed above as “Reference Company 1.”

Contact’s name: _____________________________ Title: ______________________________

Address: ______________________________________________________________________

Phone Number: ______________________ Email: _____________________________________

Reference Company Name No. 2:

Is reference for the Bidder, Subcontractor, or key personnel:

If Subcontractor, then identify the name of the Subcontractor:

If key personnel, then identify the name of the key personnel:

and make sure that company key personnel worked for is listed above as “Reference Company 2.”

Contact’s name: _____________________________ Title: ______________________________

Address: ______________________________________________________________________

Phone Number: ______________________ Email: _____________________________________

2.5.2

The Bidder shall be an authorized provider of Adobe products and shall be certified by Adobe as a certified reseller under the Adobe Government Specialized category. To demonstrate compliance with this requirement, the Bidder shall provide a signed letter or certificate from Adobe confirming their status as an authorized reseller under the Adobe Government Specialized category.

☐ Copy of signed letter or certificate from Adobe is attached.

2.5.3

The Bidder shall designate at least one company representative who is knowledgeable in the Adobe products being solicited, and who shall be available to the County from Monday through Friday from 8am through 5pm to address and expedite matters relating to a resulting Contract. To demonstrate compliance with this requirement, the Bidder shall attest to the representative’s knowledge and availability and provide the representative’s name, title, telephone number and email address.

Name of Bidder’s Authorized Representative: _________________________________________

Title of Bidder’s Authorized Representative: _________________________________________

Phone Number: _________________________________________

E-mail address: __________________________________________

4.2. PRICE SUBMITTAL

A. Bidder shall provide pricing in INFORMS for items as indicated under Section 3.2, in accordance with all applicable terms and conditions of this Solicitation. Estimated quantities provided in INFORMS are estimated annual quantities are provided for Bidders’ guidance only. Refer to Section 1, Paragraph 1.9, Quantities. Bidders must provide prices for all items listed in INFORMS . Failure to provide prices for all items may result in the Bidder’s entire offer being considered non-responsive.