ITN 2024-86 Solicitation FINAL.pdf

ITN 2024-86 Teacher Classroom Supply Assistance Program 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 2024-86

Title: TEACHERS CLASSROOM SUPPLY ASSISTANCE PROGRAM

Date & Time Reply Due: April 18, 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

BID NUMBER: ITN 2024-86

DEADLINE FOR TECHNICAL QUESTIONS March 22, 2024 @ 4:00PM (There is no deadline for administrative questions)

REPLIES ARE DUE BY: 10:00AM ET, April 18, 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

BID NUMBER: ITN 2024-86

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 qualified vendor to develop and operate an ecommerce platform to support the Florida Teachers Classroom Supply Assistance Program (TCSAP). This program empowers eligible educators statewide to buy essential classroom materials and supplies with greater autonomy, efficiency, and transparency. The platform will offer: a user-friendly interface, streamlined account and payment management and comprehensive reporting. Use of the platform will be no cost to the Department or eligible educators.

3.2 BACKGROUND

The Florida Teachers Classroom Supply Assistance Program (TCSAP), established by Florida Statute 1012.71, empowers eligible educators (public-school teachers, certified school counselors, and media specialists) serving pre-K through grade 12 students to purchase essential classroom materials and supplies for their assigned students. The amount of funds per classroom will be specified in the General Appropriations Act. Funds may not be used to purchase equipment.

Currently there is an estimated 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 educator to fund this program. The selected vendor must be capable of serving this volume of clients. See Exhibit II for educator counts by district.

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 03/14/2024 Deadline for receipt of Technical Questions (E-mailed (preferred) or Fax) By 4:00 PM ET 03/22/2024 Department Response to Technical Questions received by deadline (this date is on or about)

03/27/2024

REPLIES ARE DUE (FAX & E-MAIL NOT ACCEPTABLE) 04/18/2024 @ 10:00 AM 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

04/18/2024 @10:30 AM ET

Evaluation of Technical Replies 04/23/2024-04/29/2024 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) 05/06/2024 The Agency Decision will be posted for 72 hours upon a final decision by the Commissioner of Education.

Anticipated beginning of work 6/1/24

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 2024-86 Teacher Classroom Supply Assistance Program 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

The Contractor should supply to the Department a Performance Bond in the amount of 1% of the amount of the annual contract value. The surety should be in a form acceptable to the Department, such as a bond, cashier’s check, certified check or money order. A Surety must be authorized to do business in the state of Florida. The Performance Bond should be executed and furnished to the Department within ten (10) calendar days prior to the Contractor beginning work under the contract. A performance bond is not required from Florida state universities.

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.

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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.

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.

5.18 FOREIGN COUNTRIES OF CONCERN CONTRACT ATTESTATION FORM

In accordance with section 287.138, F.S., beginning on or after the dates provided in section 287.138(4), F.S., a Governmental Entity may not accept a bid, proposal, or reply for a contract which would grant an entity access to an individual’s Personal Identifying Information unless the entity provides the Governmental Entity with an attestation by the entity on Form PUR 1355, “Foreign Country of Concern Attestation Form.” (Attachment I) See also F.A.C. 60A-1.020 Attestation Forms.

SECTION 6 – SCOPE OF SERVICES

6.0 SCOPE OF SERVICES

The selected vendor will provide an ecommerce platform in support of the Florida Teachers Classroom Supply Assistance Program (TCSAP). The platform will facilitate the efficient and transparent purchasing of classroom materials and supplies by eligible educators.

The selected vendor will provide the following services:

Platform Development and Operation

• Design, develop, and provide a secure, scalable, and user-friendly platform accessible to all eligible educators in Florida.

• Ensure platform compliance with all applicable state and federal regulations regarding data, security, privacy, and accessibility.

• Provide ongoing maintenance and support for the platform.

• Facilitate payments to authorized marketplace vendors.

• Facilitate reimbursements to user’s marketplace accounts for returned and undelivered products.

• Facilitate reimbursements of unused funds to the school advisory council account for each school as applicable

(see Exhibit I).

• Retain transaction records for a minimum of 5 years after the end of fiscal year in which the transaction occurred.

• Provide online training resources for system users and Department staff.

• Ensure and maintain the security of the system to prevent fraudulent purchases.

Marketplace Functionality:

• Allow eligible educators to browse, select, and purchase pre-approved classroom supplies from a comprehensive range of reputable vendors with reasonable pricing.

• Offer efficient account management tools for eligible educators, districts, and the State.

• Generate comprehensive reporting capabilities to track program utilization and measure impact.

• Establish a comprehensive range of pre-approved vendors offering a variety of high-quality and competitively!

priced products aligned with program guidelines and curriculum needs.

o The specific list of pre-approved vendors and eligible items for each school district may be provided to the Contractor by the school district, however, Respondents are encouraged to present other options for addressing this challenge.

• Implement clear and efficient product search, browsing, and ordering functionalities.

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• Facilitate secure online payment processing and invoicing mechanisms.

• Manage vendor relationships and ensure adherence to program requirements and quality standards.

• Provide customer support for system users. (Include details on when support is required – ex. M-F 24-7 excluding state holidays and define what type of support is needed. Ex. phone, email, text, online…)

• Provide a printed or video tutorial for system users.

Account Management and Reporting:

• Implement user-friendly account creation, management, and access control for eligible educators, school districts, and the Department.

• Allocate the appropriate amount of program funding to each eligible educator’s marketplace account.

o DOE may coordinate with the district on the amount and list of eligible educators etc, and provide the data to the vendor. The vendor will then allocate the amount (not funds) initially to each eligible educator’s account, and bill DOE monthly after the eligible educators use the funds on purchases.

Respondents are encouraged to present other options for addressing this challenge.

• Allow system users (including individual schools and school districts) to generate comprehensive reports on system utilization.

o This includes the flexibility to select desired data fields, apply filters, and adjust parameters to refine the scope of the report.

o Users should be able to drill down into specific data subsets for deeper analysis. For example, they should be able to:

Determine which products are being purchased most frequently within a school or school district.

Identify spending patterns at the individual eligible educator's level, allowing for targeted support and resource allocation.

o The reporting function should support exporting reports in various formats (e.g., PDF, CSV) and facilitate sharing with stakeholders as needed.

• The vendor is responsible for implementing and thoroughly testing the customizable reporting function to ensure its functionality, accuracy, and reliability.

• User acceptance testing (UAT) will be conducted to validate that the reporting feature meets end-user requirements and expectations.

• Provide data dashboards and visualization tools for informed decision-making.

• Facilitate secure and efficient ordering, payment processing, and delivery of purchased materials.

• Ensure data security, privacy, and compliance with all applicable state and federal regulations.

• Maintain a robust and scalable platform capable of serving the current and future needs of all eligible educators and stakeholders.

6.1 DELIVERABLES

Deliverable Deliverable Description Evidence of

Completion Financial Consequence

1. Platform Planning and Development

Design and configure the proposed platform based on input from Department staff.

Consult with Department staff on the system and user communication regarding this system. (This includes the notification emails sent to end users that the platform is “live”.)

Submission of screenshots and/or a test site where Department staff can view and/or interact with the proposed platform.

If the Contractor has not provided the required evidence, the Department will 1) withhold payment proportionate to the deficient service or performance until the deficiency is cured or (2) request the contractor redo or otherwise cure the work and the proposed platform is received and approved by the Department.

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Deliverable Deliverable Description Evidence of Completion

Financial Consequence

2. Secure and Scalable Online Platform

Provide a fully functional online platform accessible to all eligible educators in Florida, meeting all security, scalability, and accessibility requirements.

Submission of the URL to the Department to access the functional platform, completion of system testing and reporting functions.

If the Contractor has not provided access to the functional platform within 30 days of contract execution, the Department will

1) withhold payment proportionate to the deficient service or performance until the deficiency is cured or (2) request the contractor redo or otherwise cure the work.

3. Pre-approved Vendor Network and Ordering Process

Create a fully operational marketplace with a diverse range of pre-approved vendors offering high-quality and competitively priced classroom materials and supplies, along with a defined ordering process.

Submission of signed agreements with pre-approved vendors across various product categories.

Also submit a URL showing that the system has functional product search, browsing, and ordering functionalities within the platform.

If the Contractor has not provided the signed agreements and the URL within 3 0 days of contract execution, the Department will 1) withhold payment proportionate to the deficient service or performance until the deficiency is cured or (2) request the contractor redo or otherwise cure the work.

4. System Management

The Contractor shall provide a functional account management system for educators, districts, and the department, along with a comprehensive suite of reports for program monitoring and evaluation.

Submission of the user guides and training materials for account creation, management, and access control to the Department. Submission of the functional reporting tools generating reports on program utilization, spending patterns, trends, and vendor performance to Department. Also submit data dashboards and visualization tools that will be accessible to authorized users to the Department.

If the Contractor fails to timely provide the user guides, training materials, functional reporting tools, data dashboards, and visualization tools within 30 days of contract execution, and/or if the guides, materials, and/or tools are deemed unacceptable, the Department will 1) withhold payment proportionate to the deficient service or performance until the deficiency is cured or (2) request the contractor redo or otherwise cure the work.

5. Account Set Up Set up individual accounts for each eligible educator. Set user account limits based on the amount of pre-established funding for each user.

Provide an outline to the Department demonstrating the format of the account setup plan. Submit a report to the Department that includes the names and funding amounts set for each user.

If individual accounts for eligible educator is not established and/or if user account limits based on the preestablished funding is not established within 15 days upon receipt of the eligible educator’s data, the Department will 1) withhold payment proportionate to the deficient service or performance until the deficiency is cured or (2) request the contractor redo or otherwise cure the work.

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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 or (2) request the contractor redo or otherwise cure the work. 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 – REPLY FORMAT & CONTENT

7.0 REPLY SUBMISSION

By submitting a Reply, the Respondent represents that it understands and accepts the terms and conditions to be met and the character, quality and scope of services to be provided.

Both Technical and Price Reply should be submitted as specified in SECTION 3.4 CRITICAL EVENT DATES.

All Replies and associated forms should be signed and dated by a duly authorized representative of the Respondent.

The overall Replies should be written in a concise manner, which is conducive to effective evaluation.

Each Respondent should fully acquaint itself with the conditions relating to the performance of services under the conditions of this ITN.

All Replies and related documents submitted in response to this ITN shall become the property of the state.

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

Florida Department of Education Bureau of Contracts, Grants and Procurement Management Services Attn: Tamara Harrington 325 West Gaines Street

344 Turlington Building Tallahassee, Florida 32399-0400

7.2 REPLY FORMAT INSTRUCTIONS

This section contains instructions that describe the expected format for the Reply. All Replies submitted should contain two parts and be marked as follows:

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PART I TECHNICAL REPLY NUMBER ITN 2024-86

COMPANY NAME

CONTACT PERSON NAME AND PHONE

(One Separately Sealed Package for Technical)

PART II PRICE REPLY NUMBER ITN 2024-86

COMPANY NAME

CONTACT PERSON NAME AND PHONE

(One Separately Sealed Package for Prices)

THE SEPARATELY SEALED PACKAGES MAY BE MAILED TOGETHER IN ONE ENVELOPE OR BOX.

7.2.1 Preliminary Administrative Review

The absence of any of these documents may result in a determination that the Reply is non-responsive and the Reply not be evaluated. The Reply forms furnished should be used when submitting the Reply. Forms should be filled out in ink or typewritten. Administrative Review information should be included at the beginning of the Technical Reply portion (Part I) of the Reply and consist of the following:

All Addenda Reference Form (Attachment D) – Provide at least three (3) references, which demonstrate efforts comparable to the one described in this ITN. The Department reserves the right to contact the references regarding the services provided. Any information provided will be subject to the requirements of the Florida Public Records Law.

Discl…