ITN 2024-69 Solicitation 1-10-24 FINAL.pdf

ITN 2024-69 Teacher Classroom Supply Assistance Program Debit Card Page 1

State of Florida Department of Education

Bureau of Contracts, Grants and Procurement Management Services 325 West Gaines Street 344 Turlington Building

Tallahassee, Florida 32399-0400

INVITATION TO NEGOTIATE REGISTRATION

COMPLETE AND RETURN THIS FORM

Reply Number: ITN 2024-69

Title: Teachers Classroom Supply Assistance Program Debit Cards

Date & Time Reply Due: February 9, 2024 @ 10:00AM EASTERN TIME (ET)

Potential Respondents should notify the Florida Department of Education, Bureau of Contracts, Grants and Procurement Management Services of their intent to respond by returning this Invitation to Negotiate Registration Form as soon as possible after downloading. Complete this form and send this sheet only to the below official contact person’s e-mail address (preferred).

Form may also be faxed to fax number (850) 245-0719, or mailed to 325 West Gaines Street, 344 Turlington Building, Tallahassee, Florida 32399-0400.

Company Name:

Contact Person:

Address:

City, State, Zip:

Telephone: ( ) Fax Number: ( )

Internet E-Mail Address:

Signed: Date:

Florida Department of Education’s contact person: Tamara Harrington, Tamara.Harrington@fldoe.org, (850) 245-0749.

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State of Florida Department of Education

INVITATION TO NEGOTIATE

TEACHER CLASSROOM SUPPLY ASSISTANCE PROGRAM DEBIT CARDS

BID NUMBER: ITN 2024-69

DEADLINE FOR TECHNICAL QUESTIONS: January 16, 2024 @ 4:00PM (There is no deadline for administrative questions)

REPLIES ARE DUE BY: 10:00AM ET, February 9, 2024

MAIL OR DELIVER REPLIES TO:

Florida Department of Education Bureau of Contracts, Grants and Procurement Management Services

325 West Gaines Street 344 Turlington Building

Tallahassee, Florida 32399-0400 Attention: Tamara Harrington

Phone: (850) 245-0749

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Table Of Contents

INVITATION TO NEGOTIATE REGISTRATION

SECTION 1 – INSTRUCTIONS

1.0 GENERAL INSTRUCTIONS TO RESPONDENT

SECTION 2 – CONTRACT CONDITIONS

2.0 GENERAL CONTRACT CONDITIONS

SECTION 3 - INTRODUCTION

3.0 INTENT

3.1 PURPOSE

3.2 BACKGROUND

3.3 DEFINITIONS

3.4 CRITICAL EVENT DATES

SECTION 4 – SPECIAL INSTRUCTIONS

4.0 PRE-SOLICITATION CONFERENCE: A PRE-SOLICITATION CONFERENCE WILL NOT BE HELD

4.1 SITE INSPECTION: A SITE INSPECTION WILL NOT BE HELD

4.2 VISITOR’S PASS TO THE TURLINGTON BUILDING

4.3 REPLY QUESTIONS & ANSWERS

4.4 PROCUREMENT PROTESTS / NOTICE OF RIGHTS

4.5 ORAL INSTRUCTIONS / CHANGES TO THE INVITATION TO NEGOTIATE (ADDENDA)

4.6 MODIFICATIONS, RESUBMITTAL AND WITHDRAWAL

4.7 RESTRICTIONS ON COMMUNICATIONS WITH DEPARTMENT STAFF

4.8 CONFIDENTIAL, PROPRIETARY, OR TRADE SECRET MATERIAL

4.9. POOR PERFORMANCE NOTICE

4.10 WITHDRAWAL OF A REPLY

4.11 CONDITIONS TO THE REPLY

4.12 DISCLOSURE OF REPLY CONTENTS

4.13 AWARD

SECTION 5 – SPECIAL CONDITIONS

5.0 AUTHORIZED TO DO BUSINESS IN THE STATE OF FLORIDA

5.1 LICENSED TO CONDUCT SERVICES IN THE STATE OF FLORIDA

5.2 IDENTICAL EVALUATION OF REPLIES

5.3 DISCLOSURE STATEMENT

5.4 SUB-CONTRACTING

5.5 CONTRACTUAL OBLIGATIONS

5.6 METHOD OF PAYMENT

5.7 CONVICTED VENDOR LIST

5.8 DIVERSITY IN CONTRACTING

5.9 COSTS INCURRED IN RESPONDING

5.10 SUBMISSION OF REPLIES BY SUBSIDIARIES OR AFFILIATES

5.11 PROHIBITION OF GRATUITIES

5.12 INDEPENDENT PRICE DETERMINATION

5.13 PERFORMANCE BOND

5.15 INFORMATION TECHNOLOGY REQUIREMENTS

5.16 SCRUTINIZED COMPANIES LISTS

5.17 SCRUTINIZED COMPANIES – TERMINATION

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SECTION 6 – SCOPE OF SERVICES

6.0 SCOPE OF SERVICES

6.1 DELIVERABLES

6.2 FINANCIAL CONSEQUENCES

SECTION 7 – SPECIAL INSTRUCTIONS – REPLY FORMAT & CONTENT

7.0 REPLY SUBMISSION

7.1 MAIL OR DELIVER REPLIES TO: (Do Not Fax or E-Mail)

7.2 REPLY FORMAT INSTRUCTIONS

SECTION 8 – OPENING, EVALUATION AND AWARD

8.0 REPLY OPENING

8.1 REPLY EVALUATION AND NEGOTIATION PROCESS

8.2 POSTING OF AGENCY DECISION

8.3 AWARD OF THE CONTRACT

ATTACHMENT A

DELIVERABLE DUE DATE FORM

ATTACHMENT B

STANDARD TERMS AND CONDITIONS

ATTACHMENT D

REFERENCES

ATTACHMENT E

MINORITY SUB CONTRACTORS UTILIZATION SUMMARY

ATTACHMENT F

DRUG-FREE WORKPLACE

ATTACHMENT G

DISCLOSURE STATEMENT

ATTACHMENT H

SCRUTINIZED COMPANIES LISTS

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STATE OF FLORIDA

DEPARTMENT OF EDUCATION

INVITATION TO NEGOTIATE

Teacher Classroom Supply Assistance Program Debit Card

BID NUMBER: ITN 2024-69

SECTION 1 – INSTRUCTIONS

1.0 GENERAL INSTRUCTIONS TO RESPONDENT

This section contains instructions explaining the solicitation process and the actions necessary to respond. General Instructions to Respondent (Form PUR 1001 – incorporated herein by reference) is a downloadable document which must be downloaded for review. This document need not be returned with the Respondent’s Reply. Form PUR 1001 may be accessed at https://www.dms.myflorida.com/business_operations/state_purchasing/state_agency_resources/state_purchasing_pur_f orms.

In the event of any conflict between Form PUR 1001 and other instructions provided in this document, the additional instructions in this document shall take precedence over the Form PUR 1001 unless the conflicting term is required by any section of the Florida Statutes (F.S.), in which case the statutory requirements shall take precedence.

THE DEPARTMENT HAS CHOSEN TO USE THE ITN FORMAT FOR THIS PROCUREMENT BECAUSE IT WANTS VENDORS TO PROPOSE THE BEST METHOD FOR ACHIEVING THE GOAL OF THIS ITN AND SOLVING THE

PROBLEM STATED HEREIN. THEREFORE, ALTHOUGH THE ITN MAY USE MANDATORY WORDS LIKE

“SHALL,” “WILL,” OR “MUST,” AND MAY DEFINE CERTAIN ITEMS AS REQUIREMENTS, THE DEPARTMENT RESERVES THE RIGHT, IN ITS DISCRETION, TO WAIVE ANY DEVIATIONS FROM THESE PROVISIONS AND RESOLVE ANY ISSUES IN THE NEGOTIATION PHASE. THEREFORE, THE DEPARTMENT RESERVES THE RIGHT TO REVIEW THE ENTIRE REPLY TO DETERMINE IF IT ACHIEVES A LEVEL OF COMPETENCY WORTHY

OF FURTHER NEGOTIATIONS; REGARDLESS OF WHETHER INDIVIDUAL REQUIREMENTS HAVE BEEN

ADDRESSED OR NOT. HOWEVER, VENDORS THAT FAIL TO PROVIDE SIGNIFICANT PORTIONS OF THE

SOLUTION OR ADDRESS SIGNIFICANT PORTIONS OF THE PROCUREMENT MAY STILL BE DEEMED

NONRESPONSIVE. IN ADDITION, THERE IS NO GUARANTEE THAT SUCH DEVIATIONS WILL BE DEEMED IN THE STATE’S BEST INTEREST OR ANY REPLY CONTAINING THOSE DEVIATIONS PARTICIPATE IN THE NEGOTIATIONS. USE OF THE TERMS “SHALL,” “WILL,” AND “MUST” INDICATE THE DEPARTMENT’S INITIAL VIEW OF THE VALUE OF SUCH ITEMS. VENDORS HAVE THE OPPORTUNITY TO SUGGEST ALTERNATIVES IN THE ITN PROCESS, BUT THERE IS NO GUARANTEE THAT THE DEPARTMENT WILL AGREE THE DEVIATIONS

ARE IN ITS BEST INTEREST OR CREATE THE BEST VALUE FOR THE STATE.

SECTION 2 – CONTRACT CONDITIONS

2.0 GENERAL CONTRACT CONDITIONS

Standard terms and conditions that will apply to the contract which results from the solicitation event are provided in this section. General Contract Conditions (Form PUR 1000 – incorporated herein by reference) is a downloadable document which must be downloaded for review. This document need not be returned with the Respondent’s Reply. Form PUR 1000 may be accessed at https://www.dms.myflorida.com/business_operations/state_purchasing/state_agency_resources/state_purchasing_pur_f orms”.

https://www.dms.myflorida.com/business_operations/state_purchasing/state_agency_resources/state_purchasing_pur_forms https://www.dms.myflorida.com/business_operations/state_purchasing/state_agency_resources/state_purchasing_pur_forms https://www.dms.myflorida.com/business_operations/state_purchasing/state_agency_resources/state_purchasing_pur_forms https://www.dms.myflorida.com/business_operations/state_purchasing/state_agency_resources/state_purchasing_pur_forms

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In the event of any conflict between the PUR 1000 form and any other Special Conditions, the Special Conditions shall take precedence over the PUR 1000 form unless the conflicting term in the PUR form is required by any section of the F.S., in which case the statutory requirements shall take precedence.

SECTION 3 - INTRODUCTION

3.0 INTENT

The State of Florida Department of Education (hereinafter referred to as the "Department") is soliciting written replies from qualified vendors to establish a term contract of which the term is anticipated to begin upon execution of the contract and be effective for (thirty-six (36)) months thereafter. Award may be made to the responsible and responsive vendor that the Commissioner of Education determines will provide the best value to the state.

The resulting contract may be renewed for up to three (3) one year terms. See Form PUR 1000 for renewal requirements.

3.1 PURPOSE

The purpose of this Invitation to Negotiate (ITN) is to select a vendor to provide debit cards for Florida teachers statewide in support of the Florida Teachers Classroom Supply Assistance Program. This ITN shall provide: the ability to fund the designated amount for each card issued, account management, and card security and control if the debt card option is selected by the school district or charter school.

3.2 BACKGROUND

The legislature in the General Appropriations Act provides funds to school districts and charter schools for Florida classroom teachers to purchase, on behalf of school districts or charter schools, classroom materials and supplies for the public school students assigned to them. The Department of Education is authorized to allocate these funds to school districts and charter schools based on the district’s proportionate share of the state’s total unweighted FTE student enrollment. In accordance with Florida Statute 1012.71, school districts and charter schools may provide funds to classroom teachers in the form of direct deposit, check, debit or purchasing card.

Currently there are 184,062 Classroom Teachers, Guidance Counselors, and Library/Media Specialists in the 76 Florida school districts and laboratory schools, including charter schools. As contained in the 2023 General Appropriations Act; and codified in Chapter 2023-239, Law of Florida, school districts and charter schools shall provide at a minimum $300 per eligible classroom teacher to fund this program.

3.3 DEFINITIONS

After the award, said Respondent will be referred to as the "Contractor". For the purpose of this document, the term "Respondent" means a potential Contractor acting on its own behalf and on behalf of those individuals, partnerships, firms, or corporations comprising the Respondent’s team. The term "Reply" means the complete response of the Respondent to the ITN, including properly completed forms and supporting documentation. The term “contract” refers to the agreement between the Department and the Contractor resulting from this ITN. “Best value” means the highest overall value to the state based on factors that include, but are not limited to, price, quality, design, and workmanship. A “responsive bid” is a Reply submitted by a responsive and responsible vendor which conforms in all material respects to the solicitation. However, for purposes of determining what is material, refer to SECTION 1 – INSTRUCTIONS of this ITN. Use of the terms “shall,” “will,” and “must,” or the designation of items as “requirements,” does not mandate that such items are material. The Department reserves the right to waive deviations, in its discretion, and resolve any issues in the negotiation phase. “Deliverable” means a tangible, specific, quantifiable and measurable event or item that must be produced to complete a project or part of a project directly related to the scope of services.

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3.4 CRITICAL EVENT DATES

These are tentative dates for critical events. (ALL DATES IN ITN SUBJECT TO CHANGE), EVENT DATE

Invitation To Negotiate (ITN) Released 1/10/24 Deadline for receipt of Technical Questions (E-mailed (preferred) or Fax) 1/16/24 Department Response to Technical Questions received by deadline (this date is on or about)

1/23/24

REPLIES ARE DUE (FAX & E-MAIL NOT ACCEPTABLE) 2/9/24 by 10:00am ET Technical Replies will be opened in Room 344 Turlington Building OPENINGS WILL BE CONDUCTED VIA CONFERENCE CALL. TOLL-FREE: 888-585-9008; PIN: 818- 095-394

2/9/24 at 10:30am ET

Evaluation of Technical Replies (time and place) 2/13/24 Price Replies will be evaluated by the Bureau of Contracts, Grants and Procurement Management Services staff during the evaluation stage.

The Negotiation Committee will start negotiations (this date is on or about) 2/26/24 The Agency Decision will be posted for 72 hours upon a final decision by the Commissioner of Education.

Anticipated beginning of work 4/1/24

SECTION 4 – SPECIAL INSTRUCTIONS

4.0 PRE-SOLICITATION CONFERENCE: A PRE-SOLICITATION CONFERENCE WILL NOT BE HELD.

4.1 SITE INSPECTION: A SITE INSPECTION WILL NOT BE HELD.

4.2 VISITOR’S PASS TO THE TURLINGTON BUILDING

Each visitor to the Turlington Building is required to sign in at the security desk in the main lobby. Please allow at least 15 minutes prior to Proposal due time if hand-delivering the Proposal to the Bureau of Contracts, Grants and Procurement Management Services.

4.3 REPLY QUESTIONS & ANSWERS

Any technical questions arising from this ITN should be sent, in writing, to the purchasing agent identified below. The Department's written response to written inquiries submitted timely by Respondents will be posted on the Florida Vendor Information Portal (VIP) at MyFloridaMarket Place Vendor Information Portal (click on Search Advertisements under the Florida Solicitation Advertisement section, then populate the Organization field with the Department of Education. Initiate search by clicking the Search button). Click on this Reply number to review posted documents. It is the responsibility of all potential Respondents to monitor this site for any changing information prior to submitting a Response.

Only timely received written inquiries will be “officially” addressed by the Department.

WRITTEN QUESTIONS should be submitted to:

Bureau of Contracts, Grants and Procurement Management Services, Tamara Harrington, 325 West Gaines Street, 344 Turlington Building, Tallahassee, Florida 32399-0400 Tamara.Harrington (preferred): tamara.harrington@fldoe.org, or Fax Number: (850) 245-0719. See SECTION 3.4 CRITICAL EVENT DATES for question due dates.

4.4 PROCUREMENT PROTESTS / NOTICE OF RIGHTS

Pursuant to F.S., Section 120.57(3) (b):

Any person who is adversely affected by the agency decision or intended decision shall file with the agency a notice of protest in writing within 72 hours after the posting of the notice of decision or intended decision. With respect to a protest of the terms, conditions, and specifications contained in a solicitation, including any provisions governing the methods for ranking bids, proposals, or replies, awarding contracts, reserving rights of further negotiation, or modifying or amending https://vendor.myfloridamarketplace.com/

ITN 2024-69 Teacher Classroom Supply Assistance Program Debit Card Page 8 any contract, the notice of protest shall be filed in writing within 72 hours after the posting of the solicitation. The formal written protest shall be filed within 10 days after the date the notice of protest is filed. Failure to file a notice of protest or failure to file a formal written protest shall constitute a waiver of proceedings under this chapter. The formal written protest shall state with particularity the facts and law upon which the protest is based. Saturdays, Sundays, and state holidays shall be excluded in the computation of the 72-hour time periods provided by this paragraph.

Section 120.57(3) (a) provides:

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

Florida Administrative Code (F.A.C.) Rule 28-110.002(2) defines the term “decision or intended decision,” and includes the solicitation terms (and any addenda), the award of the contract, and a rejection of all bids.

At the time of filing the Formal Written Protest the protestor must also file a Protest Bond payable to the Department in an amount equal to 1 percent of the estimated contract amount. F.S., Section 287.042(2) (c) and F.A.C. Rule 28-110.005 contain further terms relating to the Protest Bond, including how to determine the estimated contract amount. In lieu of a Protest Bond, the Department will accept cashier’s checks, official bank checks or money orders. The bond shall be conditioned upon the payment of all costs and charges that are adjudged against the protestor in the administrative hearing in which the action is brought and in any subsequent appellate court proceeding.

The Notice of Protest, Formal Written Protest, and Protest Bond shall be filed with the issuing office as defined in SECTION 4.3 REPLY QUESTIONS & ANSWERS above.

4.5 ORAL INSTRUCTIONS / CHANGES TO THE INVITATION TO NEGOTIATE (ADDENDA)

No negotiations, decisions, or actions will be initiated or executed by a Respondent as a result of any oral discussions with a state employee. Only those communications which are in writing from the Bureau of Contracts, Grants and Procurement Management Services, will be considered as a duly authorized expression on behalf of the Department until negotiation is awarded.

Notices of changes (addenda) will be posted on the VIP, under this Reply number. It is the responsibility of all potential Respondents to monitor this site for any changing information prior to submitting a Response. All addenda should be acknowledged by the Respondent’s signature and subsequent submission of addenda with Reply when so stated in the addenda.

4.6 MODIFICATIONS, RESUBMITTAL AND WITHDRAWAL

Respondents may modify submitted replies at any time prior to the Reply due date. Requests for modification of a submitted Reply should be in writing and should be signed by an authorized representative of the Respondent. Upon receipt and acceptance of such a request, the entire Reply will be returned to the Respondent and not considered unless resubmitted by the due date and time. Respondents may also send a change in a sealed envelope to be opened at the same time as the Reply. The ITN number, opening date and time should appear on the envelope of the modified Reply.

Unless specifically requested by the Department, any amendments, revisions, or alterations to Replies will not be accepted after the closing for the receipt of Replies.

4.7 RESTRICTIONS ON COMMUNICATIONS WITH DEPARTMENT STAFF

Respondents should not communicate with any Department staff concerning this ITN except for the Department contact person identified in SECTION 4.3 REPLY QUESTIONS & ANSWERS of this ITN. Only those communications which are in writing from the Bureau of Contracts, Grants, and Procurement Management Services shall be considered as a duly authorized response on behalf of the Department. For violation of this provision, the Department reserves the right to reject a Respondent’s Reply.

http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=Ch0120/Sec57.HTM

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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 Reply.

4.8 CONFIDENTIAL, PROPRIETARY, OR TRADE SECRET MATERIAL

The Department takes its public records responsibilities as provided under Chapter 119, F.S., and Article I, Section 24 of the Florida Constitution, very seriously. If Respondent considers any portion of the documents, data or records submitted in response to this solicitation to be confidential, trade secret or otherwise not subject to disclosure pursuant to Chapter 119, F.S., the Florida Constitution or other authority, Respondent should clearly mark and identify in its Reply those portions which are confidential, trade secret or otherwise exempt. Respondent should also simultaneously provide the Department with a separate redacted copy of its Reply. This redacted copy should contain the Department’s solicitation name, number, and the name of the Respondent on the cover, and should be clearly titled “Redacted Copy.” The Redacted Copy should be provided to the Department at the same time Respondent submits its Reply to the solicitation and should only exclude or obliterate those exact portions which are claimed confidential, proprietary, or trade secret.

The Respondent should also provide two (2) electronic copies (compact disc (CD), flash drive, etc.) of their Redacted Copy.

Respondent shall be responsible for defending its determination that the redacted portions of its Reply are confidential, trade secret or otherwise not subject to disclosure. Further, Respondent shall protect, defend, and indemnify the Department for any and all claims arising from or relating to Respondents determination that the redacted portions of its Reply are confidential, proprietary, trade secret or otherwise not subject to disclosure.

If Respondent fails to submit a Redacted Copy with its Reply, the Department is authorized to produce the entire documents, data or records submitted by Respondent in answer to a public records request for these records.

Notwithstanding the foregoing, the Department reserves the right to disclose any materials as public records unless it determines, in its discretion, that an exemption to disclosure applies to the record.

Notwithstanding the foregoing, the Department reserves the right to disclose all material that it determines, in its sole discretion, to be a public record under Florida law.

4.9. POOR PERFORMANCE NOTICE

The Respondent should provide for both the Respondent and its employees, subcontractors, and subcontractor employees, copies of any and all documents regarding complaints filed, investigations made, warning letters or inspection reports issued, any notice of breach, notice of default, termination notice, suspension notice, or any disciplinary action initiated or taken under any contract or job performance within the past seven (7) years. For each instance listed, provide a narrative summary of the contract’s purpose and scope of work, the Respondent’s performance, including the concerns of the project owner, and any major adverse findings. In addition, provide the contract or job number, the name of the owner, the term of the contract, the name, address, and telephone number of the owner’s contract manager. Please also include any relevant documentation evidencing the performance issues.

The Department reserves the right to seek further information on this matter from the Respondent or to make inquiries with the project owner. The information obtained from this review may be reflected in the Respondent’s score or used to declare the Respondent not a responsible vendor.

4.10 WITHDRAWAL OF A REPLY

A Respondent may withdraw a Reply by written notice to the Department on or before the deadline specified for the receipt of Replies in SECTION 3.4 CRITICAL EVENT DATES of this ITN. Such written notice is to be submitted to the Issuing Office at the address specified in SECTION 4.3 REPLY QUESTIONS AND ANSWERS of this ITN.

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4.11 CONDITIONS TO THE REPLY

No conditions may be applied to any aspect of the ITN by the prospective Respondent. Any conditions placed on any aspect of the Reply documents by the prospective Respondent may result in the Reply being rejected as a conditional Reply. DO NOT WRITE IN CHANGES ON ANY ITN SHEET. The only recognized changes to the ITN prior to Reply opening will be a written addenda issued by the Department. The Respondent recognizes the Department’s right to ignore the condition and treat the Reply as if no condition exists.

4.12 DISCLOSURE OF REPLY CONTENTS

All documentation produced as part of this solicitation shall become the exclusive property of the state and may not be removed by the Respondent or its agents. All Replies shall become the property of the state and shall not be returned to Respondent. The Department shall have the right to use any or all ideas or adaptations of the ideas presented in any Reply. Selection or rejection of a Reply shall not affect this right.

4.13 AWARD

As in the best interest of the state, the right is reserved to award based on all or none, groups of services, or any combination thereof, to a responsive, responsible Respondent. As in the best interest of the state, the right is reserved to reject any and/or all Replies or to waive any minor irregularity in replies received. In addition, the Department reserves the right, in its discretion, to correct deviations during the negotiation phase. Conditions which may cause rejection of Replies include, without limitation, evidence of collusion among Respondents, obvious lack of experience or expertise to perform the required work, failure to perform, or meet financial obligations on previous contracts.

SECTION 5 – SPECIAL CONDITIONS

5.0 AUTHORIZED TO DO BUSINESS IN THE STATE OF FLORIDA

Foreign corporations and foreign limited partnerships should be authorized to do business in the state of Florida.

Domestic corporations should be active and in good standing in the state of Florida. Such authorization and status should be obtained by the Reply due date and time, but in any case, must be obtained prior to contract execution. For authorization, contact:

Florida Department of State Tallahassee, Florida 32399

(850) 245-6053

5.1 LICENSED TO CONDUCT SERVICES IN THE STATE OF FLORIDA

If the services being provided require that individuals be licensed by the Florida Department of Business and Professional Regulation or any other state or federal agency, such licenses should be obtained by the Reply due date and time, but in any case, must be obtained prior to contract execution. For state licensing, contact:

Florida Department of Business and Professional Regulation Tallahassee, Florida 32399-0797

(850) 487-1395

5.2 IDENTICAL EVALUATION OF REPLIES

Whenever two (2) or more replies which are equal with respect to price, quality, and service are received, the Department will determine the order of award using the criteria established in 60A-1.011, F.A.C. The "Drug-Free Workplace Program Certification" can be found as Attachment F.

5.3 DISCLOSURE STATEMENT

The Disclosure Statement Form (Attachment G) should be signed and submitted with the Reply.

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5.4 SUB-CONTRACTING

The Contract or any portion thereof shall not be sub-contracted, except as permitted herein, or with the prior written approval of the Department. No sub-contract shall, under any circumstances, relieve the Contractor of its liability and obligation under this contract; and despite any such sub-contracting, the Department shall deal through the Contractor, which shall retain the legal responsibility for performing the Contractor obligations.

In the event any sub-contractors are approved by the Department, the Contractor should provide a list of subcontractors to the Department’s contract manager upon execution of the Contract. The Contractor should report all subcontractors, including, but not limited to, certified minority, women and service-disabled veteran subcontracting activities using the attached Utilization Summary form, attached as Attachment E. The Contractor should provide a list of subcontractors to the Department’s contract manager upon execution of the Contract. The Contractor should provide the Utilization Summary form with each invoice submitted for payment, regardless if funds have not been spent with a certified minority, women or service-disabled veteran subcontractor for the period covered by the invoice. Contact the Florida Department of Management Services (DMS), Office of Supplier Diversity, for assistance identifying qualified minority, women, and service-disabled veteran companies. The Office of Supplier Diversity can be reached at (850) 487-0915; the Internet Web address is http://dms.myflorida.com/other_programs/office_of_supplier_diversity_osd/ .

5.5 CONTRACTUAL OBLIGATIONS

The Department’s Contract Standard Terms and Conditions are incorporated in this ITN as Attachment C and will govern the relationship between the Department and the Contractor. A Reply submitted by the successful Respondent(s) shall be incorporated into the final contract(s). The terms and conditions of this ITN shall control notwithstanding any statement to the contrary by the Respondent, unless such terms and conditions are modified by the Department during the negotiation phase.

5.6 METHOD OF PAYMENT

Compensation and payment will be made in accordance with the terms and conditions of the contract.

5.7 CONVICTED VENDOR LIST

A company placed on the Convicted Vendor List may not submit a Reply or be awarded a contract to provide any goods or services pursuant to Rule 60A-1.006 F.A.C. The “Convicted Vendor List” is published at http://www.dms.myflorida.com/business_operations/state_purchasing/vendor_information/convicted_suspended_discrimi natory_complaints_vendor_lists/convicted_vendor_list.

5.8 DIVERSITY IN CONTRACTING

The state of Florida is committed to supporting its diverse business industry and population through ensuring participation by minority-, women-, and service-disabled veteran business enterprises in the economic life of the state.

The state of Florida Mentor Protégé Program connects minority-, women-, and service-disabled veteran business enterprises with private corporations for business development mentoring. We strongly encourage firms doing business with the state of Florida to consider this initiative. For more information on the Mentor Protégé Program, please contact the Office of Supplier Diversity at (850) 487-0915.

The state is dedicated to fostering the continued development and economic growth of small, minority-, women-, and service-disabled veteran business enterprises. Participation by a diverse group of Vendors doing business with the state is central to this effort. To this end, it is vital that small, minority-, women-, and service-disabled veteran business enterprises participate in the state’s procurement process as both Contractors and sub- contractors in this solicitation.

Small, minority-, women-, and service-disabled veteran business enterprises are strongly encouraged to contribute to this solicitation.

Information on Certified Minority Business Enterprises (CMBE) and Certified Service-Disabled Veteran Business Enterprises (CSDVBE) is available from the Office of Supplier Diversity at Office of Supplier Diversity (OSD) / Agency Administration / Florida Department of Management Services - DMS (myflorida.com).

http://dms.myflorida.com/other_programs/office_of_supplier_diversity_osd/ http://www.dms.myflorida.com/business_operations/state_purchasing/vendor_information/convicted_suspended_discriminatory_complaints_vendor_lists/convicted_vendor_list http://www.dms.myflorida.com/business_operations/state_purchasing/vendor_information/convicted_suspended_discriminatory_complaints_vendor_lists/convicted_vendor_list https://www.dms.myflorida.com/agency_administration/office_of_supplier_diversity_osd https://www.dms.myflorida.com/agency_administration/office_of_supplier_diversity_osd

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5.9 COSTS INCURRED IN RESPONDING

This ITN does not commit the Department or any other public agency to pay any costs incurred by the Respondent in the submission of a Reply or to make necessary studies or designs for the preparation thereof, nor to procure or contract for any articles or services.

5.10 SUBMISSION OF REPLIES BY SUBSIDIARIES OR AFFILIATES

A Respondent, its subsidiaries, affiliates, or related entities is limited to one (1) Reply. Submission of more than one (1) Reply per activity by a Respondent may cause the rejection of all Replies submitted by the Respondent. In the alternative, the Department may decide, in its sole discretion, which Reply to evaluate and consider. A subsidiary or affiliate of a prime Respondent may also be included as a subcontractor in another Respondent’s Reply.

5.11 PROHIBITION OF GRATUITIES

By submission of a Reply, the Respondent certifies that no elected or appointed official or employee of the state of Florida has or will benefit financially or materially from this procurement. Any contract arising from this procurement may be terminated by the Department if it is determined that gratuities of any kind were either offered to or received by any of the aforementioned officials or employees from the Respondent or its agents or employees.

5.12 INDEPENDENT PRICE DETERMINATION

A Respondent shall not collude, consult, communicate, or agree with any other Respondent regarding this procurement as to any matter relating to the Respondent’s Reply.

5.13 PERFORMANCE BOND

A Performance Bond is not required for this project.

5.14 PARTICIPATION IN FUTURE STAGES OF THIS PROJECT

As stated in Chapter 287.057(17)(c) F.S.

A person who receives a contract that has not been procured pursuant to subsections (1) through (3) to perform a feasibility study of the potential implementation of a subsequent contract, who participates in the drafting of a solicitation or who develops a program for future implementation, is not eligible to contract with the agency for any other contracts dealing with that specific subject matter, and any firm in which such person has any interest is not eligible to receive such contract. However, this prohibition does not prevent a vendor who responds to a request for information from being eligible to contract with an agency.

5.15 INFORMATION TECHNOLOGY REQUIREMENTS

Respondents submitting Replies to this solicitation should provide electronic and information technology resources in complete compliance with the accessibility standards required by Section 282.601-282.606, F.S., and Rule 60-8.002, F.A.C.

These standards establish a minimum level of accessibility.

Contractors, providers, and partners employed by the Department or acting on behalf of the Department shall also fully comply with 60GG-2 Information Technology Standards.

5.16 SCRUTINIZED COMPANIES LISTS

Section 287.135, Florida Statutes, requires that at the time a company submits a bid or proposal for a contract for goods or services of $1 million or more, the company must certify that the company is not on either the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List. Both lists are created pursuant to section 215.473, Florida Statutes.

Replies of $1 million or more should include the attached Scrutinized Companies Lists Form (Attachment H) to certify the respondent is not on either of those lists. The Form should be submitted with the Technical Reply.

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5.17 SCRUTINIZED COMPANIES – TERMINATION

The Department may, at its option, terminate the Contract if the Contractor is found to have submitted a false certification as provided under section 287.135(5), F.S., or been placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or been engaged in business operations in Cuba or Syria, or to have been placed on the Scrutinized Companies that Boycott Israel List or is engaged in a boycott of Israel.

SECTION 6 – SCOPE OF SERVICES

6.0 SCOPE OF SERVICES

The selected vendor will provide debit card services statewide for Florida teachers in support of the Florida Teachers Classroom Supply Assistance Program. The vendor must ensure that each card is funded according to the amount designated by each school district or charter school. Additionally, the vendor will be responsible for account management, and card security and control. The card limit established for each card will be determined and funded by each school district or charter school. The vendor shall provide multiple card funding options to include at a minimum, the ability to fund the card using a web-based application, or a file submission in an agreed upon format on a schedule determined by each school district or charter school. Currently there are around 184,062 Classroom Teachers, Guidance Counselors, and Library/Media Specialists in the 76 Florida School Districts and Laboratory Schools, including charter schools. The selected vendor must be capable of serving this volume of clients.

6.1 DELIVERABLES

Deliverable Deliverable Description Evidence of Completion Financial Consequence

1. Implementation

Schedule The Contractor shall provide an implementation schedule that will address all activities necessary to implement debit card services. The schedule shall include a timeline for the various steps required, as well as risk mitigation strategies to ensure the implementation schedule stays on track.

At its discretion, the State may reduce or extend the implementation schedule as necessary to accommodate school district or charter school needs. Items that should be addressed in the implementation schedule should include but are not limited to:

1. Contact information and roles and responsibilities for all Contractor Program Staff, including Customer Service Representative(s);

2. Billing process flow and associated reports;

3. Card controls and issuance options and transaction limits/restrictions;

4. Card/account set-up and activation; and

5. Electronic access set-up and testing.

Submission of the implementation schedule to the school district or charter school’s designated person.

Acceptance and approvals will be the responsibility of each school district or charter school.

If the Contractor has not provided the Implementation Schedule within 15 days of contract execution, the Department will deduct $100 per day from the payment for each district/charter school this is delayed. The action plan will provide for a mutually agreed upon resolution.

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Deliverable Deliverable Description Evidence of Completion Financial Consequence

2. Account Set-

Up, Card Issuance and Functionality

Establish and maintain process and procedure for account set-up, card issuance and functionality.

Items that should be addressed in the process and procedure should include, but are not limited to:

1. Electronic process for establishing accounts.

2. Issuing a card to a new card holder.

3. Re-issuing a card to a card holder.

4. Setting initial transaction limits and increasing/decreasing transaction limits electronically, as directed by the school district or charter school. After initial set up, transaction limits and restrictions will be managed by the individual school districts or charter schools.

5. Setting initial restrictions on Merchant Category Codes (MCC) or other codes, as directed by the school district or charter school. After initial set up, vendor restrictions will be managed by the individual school districts or charter schools.

6. Change card holder information as necessary.

7. Closing or deactivating an account in real- time.

8. Checking the status of each card, including current balance and transaction history in real-time.

9. Reporting lost, stolen cards or damaged cards.

The Contractor shall also be responsible for: establishing accounts upon the school district’s or charter school’s request, embossing and printing all cards, mailing all cards issued within five (5) business days or sooner after receipt of cardholder set-up information.

Submission of the processes and procedures established in deliverable 2 to the school districts or charter school’s designate along with a monthly detailed list of current or new card holders to school districts or charter schools, If the Contractor has not provided the outlined processes and procedures within 15 days of contract execution, the Department will deduct $100 from the payment for each district/charter school impacted by the delay.

If the Contractor fails to issue requested cards within 5 days of the request, or if cards are issued incorrectly, the school district or charter school may withhold payment in the amount of $100 for each card delayed until the Contractor is in compliance.

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Deliverable Deliverable Description Evidence of Completion Financial Consequence

3. Program and

Transaction Data Reports

The Contractor shall be responsible for providing program and transaction data reports to school districts and charter schools monthly and upon request. The Contractor will also be responsible for providing a method that allows school districts and charter schools to review program and transaction data reports on-line via a secure interface. School districts or charter schools shall have the ability to manipulate captured transaction information, including the ability to sort data by any field. Contract Reporting capabilities including standard and optional reports shall include, but are not limited to:

1. Ability to download transactions into an excel Spreadsheet;

2. Enterprise-wide ability for reporting, including level three transaction information;

3. District/charter school transaction detail by card holder;

4. Declined transactions report by card holder;

5. Card holder status report;

6. Central Reconciliation report;

7. Ability to review reports that show active cards;

8. Ability to schedule various reports;

9. Non-activation reports;

10. Ability to create/run ad- hoc or customized reports;

11. Card holder statement

(view online and print).

The Contractor shall provide these reports annually throughout the term of the contract to the Contract Manager at no additional cost:

1. Contractor’s Dun and Bradstreet Contractor Performance Report for the most recent two (2) year

Submission of data reports that may be customized by each school district or charter school.

Specific data elements shall include, but are not limited to:

1. Account Number;

2. Account Balance;

3. Card holder name;

4. Card holder number (last 4 digits minimum);

5. Card holder balance;

6. Card issue date;

7. Card expiration date;

8. Transaction date;

9. Amount of purchase; and

10. Vendor or Merchant name and address.

11. Contractor’s Dun and Bradstreet, Independent Audit Report and Management Letter, Audited Income Statement and Balance Sheet for a 24-month period and Statement of Auditing Standards

(SSAE)

If the Contractor fails to timely provide the report or the Contractor’s report does not meet this measure, the Department/school district or charter school may withhold 10% of the payment until the Contractor complies with the monthly reporting format and requirements.

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2. Contractor’s most recent

Independent Audit Report and Management Letter, including management action plans to address audit findings/recommendations.

3. Contractor’s audited income statement and a balance sheet for the most recent twenty-four

(24) month period.

Contractor’s most recent Statement of Auditing Standards (SSAE) No. 16 Reporting on Controls at a Service Organization, if applicable.

4. Program Payment and Re-Payment

The Contractor shall provide monthly statements to each card holder with a consolidated master statement to each school district or charter school. Statements shall be made available by the 15th of each month and must record the transactions from the last calendar month. Contractor will be required to receive payment from the school districts or charter schools electronically. School districts or charter schools shall be liable for the use of the card by the cardholder, provided the use is within the transaction limits set by the school district or charter school.

Cardholders will be responsible for repayment for any purchase that is considered unallowable. Contractor shall be responsible for establishing and maintaining a process and procedure for account re-payment for unauthorized transactions.

Provide statements by the 15th of each month to every cardholder, and a consolidated master statement to each school district or charter school outlining cardholder transactions.

Submission of established and maintained process and procedure for account re-payment for unauthorized transactions to the Department.

If the Contractor fails to timely provide the monthly statements or the Contractor’s statements do not meet this measure, the Department/school district or charter school may withhold 10% of the payment until the Contractor is in compliance with the monthly reporting format and requirements.

If the Contractor has not provided the Account Re- Payment for Unauthorized Transactions process and procedure within 15 days of contract execution, the Department will deduct $100 from the payment per district/charter school per day this is delayed.

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5.Customer Service and Support

The Contractor shall provide customer service functions 24 hours each day and 7 days a week via toll free numbers and an internet website. The Contractor shall also provide TDD capability, access for card holders with non-touchtone phones or card holders experiencing difficulty with accessing the website. Customer service shall support the following functions at a minimum:

1. Allow customers to report a lost/stolen/damaged card.

2. Provide current balance inquiry in real-time.

3. Provide transaction history – provide information on the previous 10 transactions (at a minimum), by amount and date of purchase.

4. Provide technical and troubleshooting support for school district card administrators or charter school card administrators.

Submittal of a monthly report to each school district or charter school summarizing the number of customer support activities provided, method/level of support provided, If the Contractor fails to timely provide the report or the Contractor’s report does not meet this measure, the Department/school district or charter school may withhold 10% of the payment until the Contractor is in compliance.

6.Fraud Detection and Prevention Management

The Contractor shall provide their process and procedures for Fraud Detection and Prevention Management.

(School districts or charter schools will not accept liability for unauthorized use of cards or account numbers that are fraudulently used, lost or stolen.)

Submittal of the process and procedures outlining Fraud Detection and Prevention Management activities, including any cards that have been reported lost, stolen or damaged to the Department.

If the Contractor fails to timely provide the report or the Contractor’s report does not meet this measure, the Department/school district or charter school may withhold 10% of the payment until the Contractor is in compliance.

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7.Disaster Recovery Plan

The Contractor shall be responsible for establishing and maintaining a Disaster Recovery Plan. The plan must include, but is not limited to:

backup systems, work locations, and continuing operations procedures.

The plan must consider problems caused by but not limited to, computer system failure and/or disruption of services resulting from natural disaster, human error, criminal acts, and management or personnel issues.

Submittal of the Disaster Recovery Plan to the Department.

If the Contractor fails to timely provide the report or the Contractor’s report does not meet this measure, the Department/school district or charter school may withhold 10% of the payment until the contractor is in compliance.

6.2 FINANCIAL CONSEQUENCES

If the Contractor fails to meet the minimum level of service or performance identified, the Department will be injured as a result thereof. If the requirements are not timely and satisfactorily performed, the Contractor shall be subject to one or more of the financial consequences listed. The contract manager shall periodically review the progress made on the activities and deliverables. If the Contractor fails to meet and comply with the activities/deliverables established or to make appropriate progress and they are not resolved within two weeks of a written request for correction; the contract manager may approve: 1) withholding of payment proportionate to the deficient service or performance until the deficiency is cured, (2) request the contractor redo or otherwise cure the work, or (3) a reduced payment by the rate established under this contract proportionate to the deficient service or performance.

The contract manager must assess one or more of the financial consequences based on the severity of the failure to perform and the impact of such failure on the ability of the contract to meet the timely and desired results. These financial consequences shall not be considered penalties. The Department; at its sole discretion, may offer the Contractor an extension for any listed tasks, timelines, or deliverables during which the indicated financial consequences shall not apply. Notification of any extension shall be provided to the Contractor in writing. If financial consequences are imposed and due; the Department may offset the financial consequences from the next invoice or from the final retained payment, or require separate payment. Any payment made in reliance on the Contractor's evidence of performance; which evidence is subsequently determined to be erroneous, will be immediately due as an over payment.

SECTION 7 – SPECIAL INSTRUCTIONS –…