ITN-2420 Criminal LIveScan.pdf

FLORIDA DEPARTMENT OF LAW ENFORCEMENT

INVITATION TO NEGOTIATE

Acknowledgment Form

Page 1 of 74 pages SUBMIT REPLY TO: Department of Law Enforcement

Office of General Services 2331 Phillips Road Tallahassee, Florida 32308 Telephone Number: 850-410-7300

Agency Release Date:

Monday, March 4, 2024

LiveScan Equipment and Software Solicitation Number: FDLE-ITN-2420

Replies are Due: Monday, April 15, 2024 @ 3:00 PM ET Replies shall be binding until execution of a Contract with the successful Respondent.

Respondent Name:

If a Fictitious Name is used include the registered name (i.e. XYZ, Inc.

D/B/A ABC) *Authorized Signature (Manual)

Respondent's Mailing Address:

*Authorized Signature (Typed), Title City, State, Zip: *This individual must have the authority to bind the Respondent.

By signature on the Reply, Respondent certifies that it complies with the Terms & Conditions of the ITN.

Phone Number:

Toll-Free Number:

Fax Number:

Email Address:

FEID Number:

Type of Business Entity (Corporation, LLC, partnership, etc.):

RESPONDENT CONTACTS: Provide the name, title, address, telephone number, and email address of the official contact and an alternate, if available. These individuals shall be available to be contacted by telephone or attend meetings as may be appropriate regarding the solicitation schedule.

PRIMARY CONTACT: SECONDARY CONTACT:

Contact Name, Title: Contact Name, Title:

Address: Address:

Phone Number: Phone Number:

Fax Number: Fax Number:

Email Address: Email Address:

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TABLE OF CONTENTS

SECTION 1 INTRODUCTION

1.1 INVITATION

1.2 QUESTIONS TO BE EXPLORED

1.3 GOALS OF THIS ITN

1.4 BACKGROUND

1.5 CONTRACT TERM

1.6 DEFINITIONS

1.7 PROCUREMENT OFFICER

SECTION 2 SCHEDULE OF EVENTS

SECTION 3 ITN PROCESS

3.1 SOLICITATION PHASE

3.2 TECHNICAL REPLY ADMINISTRATIVE REVIEW

3.3 EVALUATION PROCESS

3.4 PRICE REPLY

3.5 NEGOTIATION PROCESS

SECTION 4 AWARD PROCESS

4.1 CONTRACT AWARD

4.2 NOTICE OF INTENT TO AWARD

4.3 PROTEST AND PROTEST FILING

SECTION 5 ADDITIONAL CONTRACT CONDITIONS

5.1 STANDARD CONTRACT PROVISIONS

5.2 CONTRACT APPROVAL

5.3 REPLY AS PART OF THE CONTRACT

5.4 SYSTEM AND PROPRIETARY SOFTWARE LICENSE

5.5 CONTRACT ORDER OF PRECEDENCE

5.6 EXECUTION OF CONTRACT

SECTION 6 ATTACHMENTS

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SECTION 1 INTRODUCTION

1.1 INVITATION

The Florida Department of Law Enforcement (FDLE) is requesting replies from qualified, interested Respondents with proven experience in providing LiveScan Equipment and Software which will increase the timeliness of information by providing an automated process for queries and consolidation of results. THE FDLE intends to establish an agreement for use by the FDLE and all Other Eligible Users (OEUs) described herein.

1.2 QUESTIONS TO BE EXPLORED

How do the offered products meet the technical specifications outlined in the ITN?

a. What is the pricing structure and are there discounts for bulk purchases for the equipment and software?

b. How does the Respondent ensure the security and privacy of biometric data?

c. Does the Respondent offer updates or upgrades to keep the system current?

d. What warranties are offered for the equipment?

1.3 GOALS OF THIS ITN

The goals of this ITN are to establish a Contract that accomplishes the following:

a. Provide a detailed description of the required LiveScan equipment.

b. Achieve the best value for the state by comparing different proposals not just on cost but also on quality and service.

c. Obtain high-quality, reliable LiveScan equipment and software that meet all necessary standards and regulations.

d. Make it straightforward for the Department and Other Eligible Users to purchase from the awarded contract(s).

e. Ensure long-term reliability and support from the Respondent(s), including training, maintenance, and upgrades.

f. Ensure that the ITN process is transparent and fair, giving all qualified Respondents an equal opportunity to submit replies.

The State of Florida Department of Law Enforcement intends to award a contract(s) to a responsible and responsive Respondent(s) whose response is determined in writing to be the most advantageous to, and provides the best value for the State.

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1.4 BACKGROUND

Florida Statute 943.051 designates the Florida Department of Law Enforcement (FDLE) as the state’s central criminal justice information repository responsible for collecting, storing, maintaining, and retaining criminal history records. The Biometric Identification Solution (BIS) system acts as a National Fingerprint File (NFF) repository and fingerprint searching and identification system for the state, to include fingerprints, palm prints, and facial images collected during arrest booking events. BIS is used to identify persons booked in jail, for Rapid ID checks (roadside instant checks to verify identity), and for persons undergoing fingerprint-based criminal history record checks for civilians working with vulnerable populations, obtaining a professional license, and for the issuance of concealed weapons permits. BIS is also used by latent examiners across the state to process fingerprint and palm print images obtained from crime scenes. BIS also submits biometric data to the Federal Bureau of Investigation (FBI) for use in nationwide criminal history record checks. BIS is the means that associated arrest information, such as demographics and charging information, is received and passed on to the Computerized Criminal History (CCH) system to update individual criminal history records.

The seamless operation of BIS, and by extension FDLE’s mandate, heavily relies on the functionality and reliability of LiveScan devices deployed across the state. These devices are crucial for the digital capture and submission of biometric data directly to BIS, facilitating timely and accurate processing of fingerprints for criminal identification and background checks. Currently, Florida faces a pressing challenge as numerous LiveScan devices across various agencies and facilities have reached end-of-life and end-of-support, and can no longer receive enhancements or other support services.

Without timely replacement of these devices, the state risks reverting to manual processes for capturing and mailing hard-cards or ink prints. Such a regression would not only introduce significant delays in the processing of biometric data but also heighten the risk of inaccuracies and missing information. The manual capture process lacks the direct, digital submission capability of LiveScan devices, crucial for maintaining high standards of accuracy and efficiency in criminal history recordkeeping.

Moreover, without the digital capabilities of LiveScan devices, there would be substantial challenges in capturing and submitting facial images, further affecting the completeness and reliability of criminal records. The potential degradation in the quality and timeliness of arrest and criminal history records could have profound implications, affecting public safety, hindering law enforcement efforts, and reducing the availability and reliability of data shared with state and federal entities.

Recognizing the pivotal role of LiveScan technology in supporting Florida's criminal justice information system, this ITN seeks to proactively upgrade our LiveScan capabilities. Ensuring the procurement of the latest technology is imperative not only for maintaining operational efficiency but also for enhancing the state's ability to effectively serve and protect its citizens through accurate and timely criminal justice information management.

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1.5 CONTRACT TERM

The contract resulting from this solicitation is expected to begin upon execution and remain in effect for a period of three (3) years. The selected Respondent(s) will be expected to assume the responsibilities outlined herein upon contract execution.

The State reserves the right, at its sole discretion, to renew the Contract resulting from this solicitation for any or all of the three additional one-year terms beyond the initial term, by exercising up to three one-year renewal options. Renewal of the Contract shall be in writing and shall be subject to the terms and conditions set forth in the existing Contract. All renewals are contingent upon satisfactory performance by the Contractor and the availability of funds.

1.6 DEFINITIONS

Authorized Dealer: A second party reseller authorized by the Vendor to provide the commodities and services as advertised in this solicitation.

Authorized Representative: An individual authorized by the Vendor who has the authority to legally bind the Vendor in a contractual obligation.

Best Value: The highest overall value to the State based on factors that include, but are not limited to: price; quality; design; and workmanship.

Business Day: Monday through Friday, inclusive, except for those holidays specified in section 110.117, F.S., from 8:00 a.m. to 6:00 p.m. Eastern Time.

CJIS: Criminal Justice Information Services.

Confidential Information: Information which is protected from disclosure as a public record by law including information which is named as “confidential” or “confidential and exempt”.

Contract: A written agreement between the Agency and the Contractor, including all documents, exhibits and attachments specifying commodities or services to be performed or provided by the Contractor, billing rates for these services and the manner in which the Contractor shall be compensated for these services, executed by both the Contractor and the Department.

Contract Manager: The person designated by the Department who is charged with monitoring a contract through the term of the agreement and who is specifically responsible for enforcing performance of the contract terms and conditions, and maintaining all financial information (i.e., payment history, payment method, payment tracking, etc.). The Contract Manager serves as the liaison between the Department and the Contractor regarding performance issues contained in the contract.

Contractor: The person or entity that enters into a contract to sell commodities or contractual services to the Department.

COTS: Commercial Off the Shelf products.

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Customer: Any OEUs as defined in 60A-1.005, Florida Administrative Code (F.A.C.) to purchase from any contract resulting from this solicitation.

Day: A calendar day.

Department (or Agency): The Florida Department of Law Enforcement, The State, a State of Florida governmental department, division, county, bureau, commission, district, municipality or other eligible entity.

F.A.C: Florida Administrative Code.

FDLE: The State of Florida, Department of Law Enforcement.

F.S.: Florida Statute.

Functional Requirements: Business requirements pertaining to end users.

ITN: Invitation to Negotiate.

Offer: A response to a solicitation that, if accepted, would bind the offeror to honor what was submitted.

Other Eligible User (OEUs): OEUs are entities such as Florida counties, municipalities, and other local governments or divisions of the State of Florida who are eligible to purchase items utilizing this Contract.

Non-Functional Requirements: Requirements pertaining to information technology professionals and the operation of the system (e.g. project plan, network, database, reports, etc.).

Reply(ies): All materials submitted by a Respondent in response to this ITN.

Respondent: The person, entity or Respondent submitting a Reply in response to an ITN.

Revised Reply(ies): The Respondent’s revised submission of the ITN or portions thereof.

Scope Change: A change to the original boundaries of the project, as defined by this solicitation, which affects the budget, schedule, and/or contract requirements.

SOW: Statement/Scope of Work.

State: The State of Florida.

Subcontractor: A person or entity contracting to perform any of the services listed in this solicitation for compensation paid by the contractor. Subcontractors are contingent on Agency approval.

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Value Added Services: Additional services provided to the Department that include new and innovative technologies relating to the telecommunication services sought under this solicitation at no additional cost to the Department.

Vendor: Any firm, entity or person who submits a reply to the Department in response to this solicitation.

Vendor Information Portal (VIP): The State MyFloridaMarketPlace e-Procurement system which allows all State of Florida Agencies to advertise solicitations and exceptional purchases. It also permits registered Vendors to receive automatic email notifications of solicitation advertisements, public meetings, addenda to solicitation, and exceptional purchases.

The MyFloridaMarketPlace Vendor Information Portal may be accessed at:

Vendor Information Portal

1.7 PROCUREMENT OFFICER

Angela Githens Office of General Services Florida Department of Law Enforcement 2331 Phillips Road Tallahassee, FL 32308 Email: FDLEOGSContract@fdle.state.fl.us Phone: (850) 410-7300

This section intentionally left blank https://vendor.myfloridamarketplace.com/ mailto:FDLEOGSContract@fdle.state.fl.us

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SECTION 2 SCHEDULE OF EVENTS

Below is the timeline that represents the Department’s best estimate of the schedule that will be followed.

If deviations from this schedule occur, the Department will publish an ITN addendum on the Vendor Information Portal (VIP). No liability to the Department will result from such deviations. All required Respondent actions must be completed by the date and time in the schedule. All listed times are Eastern Time (ET) in Tallahassee, Florida.

EVENT DUE DATE LOCATION

ITN Advertised/Released 03/04/2024 Posted to the Vendor Information Portal (VIP) Vendor Information Portal

Non-Mandatory Pre-Reply Conference

03/13/2024 @ 2:00 p.m.

Via Conference Call

Conference Call Number:

(872) 240-3311

Participation Code:

139-805-813

Questions Submitted in Writing

To include any questions received during the Pre-Reply Conference

Must be received

PRIOR TO:

03/25/2024 @ 4:00 p.m.

Submission deadline for Respondent Written Questions

FDLE Procurement Officer via email:

FDLEOGSContracts@fdle.state.fl.us

Answers to Questions (Anticipated Date) 04/01/2024 Posted to the Vendor Information Portal (VIP)

Technical Replies Due

Must be received

PRIOR TO:

04/15/2024 @ 2:30 p.m.

Submit To:

FDLE Off-Site Mail Facility c/o Florida Department of Law Enforcement Headquarters, Office of General Services

Attention: Angela Githens 813B Lake Bradford Road

Tallahassee, FL 32304 angelagithens@fdle.state.fl.us

Technical Reply Opening 04/15/2024 @ 3:00 p.m.

(571) 317-3112

Participation Code:

891-659-173

Anticipated Evaluations Phase

(Anticipated Dates)

04/17/2024- 04/26/2024

Evaluation Team Members to begin evaluations individually.

mailto:FDLEOGSContracts@fdle.state.fl.us mailto:angelagithens@fdle.state.fl.us

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Beginning of Negotiations and Respondent Demonstrations

(Anticipated Date)

05/06/2024

Negotiations are not public meetings;

however, they are recorded.

The Procurement Officer will provide the location, Conference Call and/or GoToMeeting information to Respondents selected for negotiations.

Negotiation Team Public Meeting

(Anticipated Date)

05/13/2024 @ 10:00 a.m.

(408) 650-3123

Participation Code:

826-478-061

Posting of Intent to Award

(Anticipated Date) 05/13/2024 Posted to the Vendor Information Portal (VIP)

The Department shall utilize the State of Florida, MyFloridaMarketPlace Vendor Information Portal, and the Florida Administrator Register for all Invitation to Negotiate Public Notice information in accordance with Florida Statute Chapter 120.525 and Florida Administrative Code 28-102.001, respectively.

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SECTION 3 ITN PROCESS

3.1 SOLICITATION PHASE

This Invitation to Negotiate (ITN) is hereby advertised on the State of Florida MyFloridaMarketPlace Vendor Information Portal. To find the ITN or other related information, click on “Search Advertisements” at the bottom of the web page and select “Department of Law Enforcement” from the drop down then click on Search. If unable to download the document(s), contact the FDLE Procurement Officer.

Non-Mandatory Pre-Reply Conference

In lieu of conducting public openings, the public will be permitted to join the openings via teleconference. The teleconference information has been provided in the Schedule of Events, Section 2.0, above. In addition, the Non-Mandatory Pre-Reply will be audio recorded to meet the public records requirements of Chapter 119, Florida Statutes and made available upon receipt of any public records request.

Respondents may ask questions and seek clarification during the Pre-Reply conference and submit written questions by the time set forth in the Schedule of Events. The Department may answer any questions at the Pre-Reply conference or defer them to a later date as identified in the Schedule of Events. Only the Department’s written answers posted on VIP in response to the Respondents questions are binding.

Respondent Questions

Questions relevant to this ITN are invited and should be submitted in written form (e-mailed) utilizing the Question Submittal Form (Attachment A) to the Procurement Officer.

Questions must be received by the FDLE Procurement Officer on or before the date and time identified in the Schedule of Events (Section 2.0). The Department recommends that Respondents confirm receipt of questions submitted.

Responses to all questions will be posted on the VIP in accordance with the Schedule of Events. The written response posted on the VIP is the ONLY official response. Oral responses that differ from the written responses must be considered invalid. It is the responsibility of the Respondent to monitor the VIP, as no additional notification will be provided when responses to questions are posted.

Errors in ITN

If a Respondent discovers any ambiguity, conflict, discrepancy, omission, or other error in this ITN, the Respondent shall immediately notify The Department in writing of the error. The Department will address and resolve major problems by way of an addendum. Minor problems will be addressed as a Question and Response, if applicable, or as an addendum, posted on the VIP.

If the ITN contains an error known to the Respondent or an error that reasonably should have been known, any response made without bringing the error to The Department’s attention will be at the Respondent’s own risk. If the Respondent fails to notify The Department of the error prior to submitting its Reply and is awarded a Contract, the Respondent shall not be entitled to additional compensation or time by reason of the error or its later correction.

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Addenda

The Department reserves the right to amend this ITN. Addenda or clarifications to this ITN will be posted on the VIP along with an Addenda Acknowledgement Form. The Addenda Acknowledgement Form that is issued with each posting shall be signed by an individual authorized to bind the Respondent, dated, and submitted with the Reply. It is the Respondent’s responsibility to monitor the VIP for any solicitation notifications.

Restriction on Communications

Respondents responding to this solicitation or persons acting on their behalf, may not have contact with the Department, between the release of this solicitation and the end of the seventy-two (72) hour period following the Department’s 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 named above. Violation of this provision may be grounds for rejecting a Reply.

PUR 1001 – General Instructions to Respondents

The State of Florida General Instructions to Proposers (PUR 1001) are hereby referenced and incorporated in their entirety into this ITN. Potential Respondents to the solicitation are encouraged to carefully review all materials contained herein and prepare responses accordingly. There is no need to return this document (PUR 1001) back to the Department. Instructions contained within this FDLE ITN supersede any General Instructions to Respondents otherwise duplicated herein.

State Purchasing (PUR) Forms / State Agency Resources / State Purchasing / Business Operations - Florida Department of Management Services (myflorida.com)

MyFloridaMarketPlace Registration

Each Respondent desiring to sell commodities or contractual services as defined in Section 287.012, F.S. to the State of Florida through the online procurement system, shall register in the MFMP system unless exempted under subsection 60A-1.033(3), F.A.C. Prior to entering into a Contract with The Department; the selected Respondent must be registered with the MyFloridaMarket Place Vendor Information Portal. Information about the registration process is available, and registration may be completed, at the Vendor Information Portal website.

Interested persons lacking internet access may request assistance from the MFMP Customer Service at (866) FLA-EPRO {(866) 352-3776)}. A Respondent not currently registered in the MFMP system and is noticed as the intended awardee shall register within three (3) days after posting the intent to award.

Respondents should register for the following United Nations Standard Products and Services (UNSPSC) Class/Group Commodity Codes pertaining to this procurement:

• 46151715 Fingerprint Equipment

• 46151600 Security and Control Equipment

• 45121700 Photographic processing equipment 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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Florida Substitute Form W-9 Process

The State of Florida, Department of Financial Services (DFS) requires all Respondents that conduct business with the state, submit an electronic Substitute Form W-9. Responding Respondents shall utilize the DFS Substitute Form W-9 Verification website to submit their Substitute Form W-9 electronically at https://flvendor.myfloridacfo.com. DFS must have the correct Taxpayer Identification Number (TIN) and other related information in order for a Respondent to receive payments from the state. Contact the DFS Customer Service Desk at

(850) 413-5519 or FLW9@myfloridacfo.com for additional assistance if required.

Respondent Diversity

The State of Florida is committed to supporting its diverse business industry and population by providing opportunity for minority, women, and veteran business enterprises in all its solicitations. Respondents are encouraged to contact the Department of Management Services (DMS), Office of Supplier Diversity (OSD) at (850) 487-0915 / osdhelp@dms.myflorida.com for information on becoming a Certified Business Enterprise (CBE) or for a listing of existing businesses that may be available for subcontracting or supplier opportunities. A directory of Florida CBE’s is also available at Office of Supplier Diversity (OSD) / State Purchasing / Business Operations - Florida Department of Management Services (myflorida.com).

Suspended Vendor List

Pursuant to Section 287.1351, F.S., a vendor that is in default on any contract with an agency or has otherwise repeatedly demonstrated a recent inability to fulfill the terms and conditions of previous state contracts or to adequately perform its duties under those contracts may not submit a bid, proposal, or reply to an agency or enter into or renew a contract to provide any goods or services to an agency after its placement, pursuant to this section, on the suspended vendor list.

An agency may not accept a bid, proposal, or reply from, or enter into or renew any contract with, a vendor on the suspended vendor list until such vendor has been removed from the suspended vendor list and returned to the vendor list maintained by the department pursuant to Section 287.042(1)(a) and (b), F.S. and the vendor has reimbursed the agency for any re-procurement costs.

Federal Excluded Parties List

A Respondent or subcontractor(s) that, at the time of bidding or submitting a Reply for a new contract or renewal of an existing contract is on the Federal Excluded Parties List, is ineligible for, and may not bid on, submit a Reply for, or enter into or renew a contract with an agency for goods or services, if any federal funds are being utilized.

Subcontractors

The awarded Respondent will be allowed to subcontract for any of the services to be provided through the resulting Contract; however, each Respondent must obtain The Department’s prior written approval. The awarded Respondent will be the prime service provider and shall be responsible for all work performed and all Contract deliverables. Therefore, the proposed use of subcontracts should be included in the Respondent’s Reply on Attachment B: List of Subcontractors. Requests for use of subcontractors received subsequent to the ITN process are subject to review and approval by The Department.

https://flvendor.myfloridacfo.com/ https://flvendor.myfloridacfo.com/ mailto:FLW9@myfloridacfo.com mailto:osdhelp@dms.myflorida.com 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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The Department supports diversity in its procurement program and requests that any or all subcontracting opportunities afforded by this Contract embrace diversity enthusiastically. The award of subcontracts should reflect the full diversity of the citizens of the State of Florida.

Respondents may contact the DMS, Office of Supplier Diversity for additional information.

Scrutinized Company List

Pursuant to Section 287.135 F.S., at the time a Respondent submits a Response or before entering into a contract where the value exceeds $1 million, the Respondent or Contractor must certify that the company is not listed on either the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, and that it does not have business operations in Cuba or Syria.

Pursuant to subsection 287.135F.S., The Department may terminate any contract for cause if the Contractor is found to have submitted a false certification under subsection 287.135(5) F.S., or if the Contractor is placed on the Scrutinized Companies that Boycott Israel List, or is engaged in a boycott of Israel; is placed on the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List; or has been engaged in business operations in Cuba or Syria during the term of the Contract.

Respondents must include the Attachment C: Scrutinized Companies Certification to evidence this certification with their Reply.

Conflict of Interest / Statement of No Involvement

Respondents, Contractors, subcontractors and individuals that have assisted in the preparation of the ITN or with project management oversight are precluded from bidding or preparing a Reply for this solicitation.

The Respondent and/or Contractor shall not compensate in any manner, directly or indirectly, any officer, agent or employee of the Department for any act or service that he/she may do, or perform for, or on behalf of, any officer, agent, or employee of the Respondent and/or Contractor. No officer, agent, or employee of the Department shall have any interest, directly or indirectly, in any Contract or purchase made, or authorized to be made, by anyone for, or on behalf of, the Department or the State of Florida.

The Contractor shall have no interest and shall not acquire any interest that shall conflict in any manner or degree with the performance of the services required under this Contract. All Respondents submitting a Reply to this ITN, their subcontractors, and each party identified in a joint-venture Reply, should complete and execute Attachment D: Conflict of Interest / Statement of No Involvement, and return with their Reply submittal.

Principal Place of Business

Pursuant to Section 287.084, F.S., Respondents who are located outside the State of Florida, must provide an opinion of an attorney licensed to practice law in that state, as to the preference, if any, granted by the law of the state in the letting of any or all public contracts.

Each Respondent is required to fill out and sign the attached Attachment E: In-State Preference Form.

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No Offshoring Affidavit

Unless otherwise agreed in writing, the Contractor and its subcontractors will not perform any of the Services from outside of the United States, and the Contractor will not allow any State of Florida Data to be sent by any medium, transmitted or accessed outside of the United States.

State of Florida Data includes the representation of information, knowledge, facts, concepts, computer software, computer programs or instructions, that are exempt, confidential, or Protected Health Information that are protected under the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”), 45 C.F.R. §§ 160 or 164, the Health Information Technology for Economic and Clinical Health Act of 2009 (the “HITECH Act”), or the regulations promulgated thereunder; or section 110.123(9), Florida Statutes. Data may be in any form, including but not limited to, storage media, computer memory, in transit, presented on a display device, or in physical media such as paper, film, microfilm, or microfiche. Data includes the original form of the Data and all metadata associated with the Data.

Each Respondent is required to fill out and sign the attached Attachment F: Affidavit of No Offshoring. By affixing of signature to the Affidavit, the Contractor agrees that a violation of items listed above will result in immediate and irreparable harm to the Department.

Definition of Requirements

Within this ITN, the use of “shall” or “must” indicates a mandatory requirement or mandatory action. The Department may consider failure to meet a mandatory requirement to be a material deficiency, in which case the Department may reject the Reply and not consider it further, or the Department may have the option to score that requirement with a zero (0).

The use of terms such as “should,” “may,” “would like,” “desires,” “prefers,” or “is interested in,” indicates a desired requirement. The Department will not reject a Reply just because it fails to meet a desired requirement, though such failure may result in lower score(s) for scored criteria relating to that requirement.

Execution of Reply

The Respondent’s Reply shall contain a signed and completed FDLE Acknowledgement Form.

Each original Reply must contain the original signature of an authorized representative who can legally bind the Respondent in a contractual obligation. Each Reply should be typed.

Each Reply should provide a cover letter that identifies the submission as:

LiveScan Equipment and Software

This cover letter should identify the Respondent, its address, telephone number, fax number, email address, and the name and title of the authorized representative submitting the Reply.

Two (2) or more firms may submit a joint Reply in response to this ITN. If a joint Reply is submitted, the Reply shall fully define the responsibilities that each firm is proposing to undertake. One of the firms submitting a joint Reply shall be designated as the primary firm and complete the FDLE Acknowledgement Form. All firms and their authorized

15 FDLE-ITN-2420

representatives shall be identified in the cover letter, and authorized representatives of all firms shall sign the cover letter. Any Contract resulting from the joint Reply shall be signed by principals or officers of each firm. The Department shall hold all firms jointly and severally responsible for carrying out all activities of the procurement process and the Contract.

Reply Submission Format

The instructions for this solicitation have been designed to help insure that all Replies are reviewed and evaluated in a consistent manner, as well as to minimize costs and response time. Any and all information submitted in variance with these instructions is subject to not being reviewed or evaluated.

Replies will be divided into three (3) Volumes for the Florida Department of Law Enforcement consideration:

• VOLUME ONE: Technical Replies

• VOLUME TWO: Administrative Qualification Documents

• VOLUME THREE: Sealed Price Reply Submission

The Responding Respondent’s VOLUME ONE: Technical Reply, Technical Reply copies, VOLUME TWO: Administrative Qualification Documents, and VOLUME THREE: Sealed Price Reply Submission shall be packaged and sealed separately. Each package should be addressed to the Procurement Officer and display the following information: Responding Respondent Name; Solicitation Number; Solicitation Title; Reply Due Date; and designation as VOLUME ONE: Technical Reply, VOLUME TWO: Administrative Qualifications Documents, and VOLUME THREE: Sealed Price Reply Submission as indicated in this section:

Attention: Angela Githens FDLE Off-Site Mail Facility c/o Florida Department of Law Enforcement, Office of General Services 813B Lake Bradford Road Tallahassee, FL 32304

Responding Respondent Name Solicitation Number: FDLE ITN 2420 Title: LiveScan Equipment and Software Reply Opening: 04/15/2024 @ 3:00 PM ET

VOLUME ONE: TECHNICAL REPLY

VOLUME TWO: ADMINISTRATIVE QUALIFICATION DOCUMENTS

VOLUME THREE: SEALED PRICE REPLY SUBMISSION

Replies must be submitted by U.S. Mail, United Parcel Service (UPS), Federal Express (FedEx), private courier, or hand delivery. Electronic submission or facsimile transmission of Replies are NOT authorized and will NOT be accepted. Respondents are cautioned that shipped Replies will be routed to the Department’s Off-Site Mail Facility which may cause delays in delivery and receipt by the Office of General Services. Respondents choosing to mail Replies must take this into consideration and allow sufficient time to ensure timely delivery and

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receipt.

A Respondent choosing to hand deliver a sealed Reply must take into consideration that the FDLE Headquarters Building is a secure facility. “Hand deliver” means delivery at the correct location on or before the required date and time. The FDLE Headquarters location is:

Attention: Angela Githens

Florida Department of Law Enforcement Office of General Services

2331 Phillips Road Tallahassee, Florida 32308

Replies should be formatted as follows:

VOLUME ONE: TECHNICAL REPLY SUBMISSION

Respondents should submit their Technical Reply to include:

a. One (1) original paper/hard bound response.

b. Five (5) electronic responses submitted via CD, DVD-ROM or USB drive. Electronic files should be logically named and easily mapped to the hard-bound submittal.

c. 8.5” x 11” paper. If the Technical Reply is submitted in a binder, the binder should be clearly labeled on the front cover and spine. All pages should be consecutively numbered.

d. One (1) REDACTED paper/hard bound response with accompanying CD, DVD-ROM or USB Drive as described in Section 3.1.19.

e. The individual section tabs as outlined below:

TECHNICAL REPLY SUBMISSION LAYOUT

Tab 1

REPLY COVER LETTER

Identify Respondent principal respondent information.

LIST OF SUBCONTRACTORS (Attachment B) Include a summary of product or services to be provided for each subcontractor identified (if applicable).

Tab 2

CORPORATE CAPABILITIES

1. Background:

Include details of the firm’s size and resources. This background information should include date established, firm size, resources, ownership, total number of employees and total number of personnel engaged in activities relevant to this ITN.

2. Relevant Experience:

Respondent is to describe prior experience with project(s) involving the hosting and operation of similar instrumentation and solution that meets all functional, technical, and security requirements specified in this ITN. Respondent shall include at least

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three (3), but no more than five (5) projects and limit descriptions to no more than three (3) pages per project. Projects should have been worked in the last five (5) years.

3. Qualifications of Key Personnel:

The Respondent should provide the names of key personnel on the Proposer’s team, as well as a resume for each individual and description of the functions and responsibilities of each key person relative to the task to be performed, and the approximate percent of time to be devoted exclusively for this project prior to and at the completion of implementation.

4. References:

Respondent must provide three (3) references for the projects identified in response to Relevant Experience (above). References must be listed on Attachment G:

Respondent Reference Form and included in this section.

Tab 3

PROPOSED SOLUTION—FUNCTIONAL REQUIREMENTS

The Respondent must provide a Scope of Work (Technical Reply) according to the criteria and instructions provided in Attachment H: Technical Reply Instructions and Evaluation Criteria.

Respondents shall not submit more than one Technical Reply.

Note: Use a font color or underline for a narrative that is different than the ITN Functional Requirements.

Tab 4

PROVISION FOR FUTURE WORKFLOWS AND TEMPLATES

The Respondent must include in their response a detailed strategy for accommodating future workflows and templates. This should cover technological capabilities, process adaptations, cost considerations, and any other relevant factors that demonstrate the Respondent’s ability to meet this requirement.

Tab 5

VALUE-ADDED SERVICES

The Respondent may offer services other than those specifically outlined in this solicitation that it believes offers Value-Added Services to the Department. Although the Department has listed mandatory requirements and provided Attachment H: Technical Reply Instructions and Evaluation Criteria, those are not intended to limit the Respondent’s innovations or creativity in preparing a Reply to accomplish these goals. Innovative ideas, new concepts, and partnership arrangements other than those presented in this ITN will be considered. For example, these might include unique business features, special services, offer costs or shared savings, discounts, or terms and conditions specific to each Respondent.

Information provided in this section will not be scored by the Evaluation Team, but is reserved for further discussion and finalization during the Negotiation Phase.

Failure of the Respondent to provide any information required in the Technical Reply portion of their Response may result in a score of zero for that element of the evaluation.

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VOLUME TWO: ADMINISTRATIVE QUALIFICATION DOCUMENTS SUBMISSION

Respondents should provide their Administrative Qualifications Documents as follows:

a. One (1) original paper/hard bound response.

b. One (1) electronic response submitted via CD, DVD-ROM or USB drive. Electronic files should be logically named and easily mapped to the hard-bound submittal.

c. Utilize individual section tabs as outlined in this section:

ADMINISTRATIVE REPLY SUBMISSION LAYOUT

Tab 1

Mandatory Responsive Requirements Complete and submit the required Forms below:

1. FDLE Acknowledgement Form

2. Scrutinized Companies Certification (Attachment C)

3. Conflict of Interest / Statement of No Involvement Certification (Attachment D)

4. In State Preference Form (Attachment E)

5. Affidavit of No Offshoring (Attachment F)

6. Pass – Fail Requirements Form signed by the same person who signed the above-mentioned cover letter in Volume 1 (Attachment I)

Tab 2

DEPARTMENT OF STATE REGISTRATION

Submit a copy of registration with the Department of State which authorizes the Respondent to conduct business in the State of Florida (as applicable).

CERTIFICATIONS AND OTHER REQUIRED DOCUMENTATION

In the event that the evaluation results in identical evaluations of replies, the Department will select a Respondent based on the criteria identified in section 287 F.S. If the following documents do not apply to your company, the Respondent may leave blank. Otherwise, provide the following documentation:

1. Certification of Minority Business

2. Certification of a Drug-Free Workplace (Attachment J)

Evidence of MYFLORIDAMARKETPLACE registration and completion of an electronic Substitute Form W-9.

Tab 3

LITIGATION

Respondents are required to list and summarize any pending or threatened litigation;

administrative or regulatory proceedings; or similar matters that could materially affect the Respondent or that could materially affect the Respondent’s ability to service THE DEPARTMENT. In addition, the Respondent must describe any administrative or civil litigation involving the Respondent and any State or Federal entity in the last three (3) years.

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Tab 4

LICENSE AGREEMENTS

Include any licensing and software agreement terms and conditions that may be presented through the term of the Contract. The inclusion of such terms by the Respondent is subject to review and approval of the Department. If there is a conflict between the Respondent generated licensing and/or software agreement terms and FDLE Terms and Conditions noted herein, FDLE Terms and Conditions incorporated into this solicitation will prevail.

VOLUME THREE: SEALED PRICE REPLY SUBMISSION

Respondents should provide their sealed price reply submission as follows:

a. One (1) original paper/hard bound response

b. One (1) electronic response submitted in CD, DVD-ROM or USB drive. Electronic files should be logically named and easily mapped to the hard-bound submittal.

c. The price provided for system implementation, annual licensing/subscription and support, shall include the cost of all things necessary to accomplish the requirements outlined in Attachment H: Technical Reply Instructions and Evaluation Criteria, and the Respondent’s response hereto, including, but not limited to, the Respondent furnishing the proposed solution; MyFloridaMarketPlace transaction fees;

miscellaneous expenses; and the application of all multiples (i.e. overhead, fringe benefits, etc.), travel and incidental expenses. Failure by the Respondent to provide a price on Attachment K: Price Reply Sheet may result in the Reply being deemed non-responsive and therefore, the Reply may be rejected. Footnotes, notations, and exceptions made to Attachment K may not be considered.

Reply Opening

In lieu of conducting public openings, the public will be permitted to join the openings via teleconference. The teleconference information has been provided in the Schedule of Events, Section 2.0, above. In addition, the reply opening will be audio recorded to meet the public records requirements of Chapter 119, Florida Statutes and made available upon receipt of any public records request.

Cost of Preparing a Respondent Reply

The Department is not liable for any costs incurred by a Respondent in responding to this ITN including but not limited to: site visits, presentations, conferences, copying, travel, etc.

All costs associated with a Reply to this ITN will be the responsibility of the Respondent.

Reply as Part of the Contract

This ITN and the successful Respondent’s Reply and Respondent’s Best and Final Offer received (if applicable) will be incorporated into the Contract.

Respondent’s Duties to Assert Exemption from Disclosure as a Public Record

Any Reply content submitted to the Department which is asserted to be exempted by law from disclosure as a public record shall be clearly marked “exempt,” “confidential,” or “trade secret” (as applicable), with the statutory basis for such claim of exemption specifically identified in

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writing on each and every such page. Failure to segregate and so clearly identify any such content shall constitute a waiver of any claimed exemption as applied to the portion of the Reply or other document in which the content is set forth.

An entire page or paragraph in which such information appears should not be marked “EXEMPT”, “confidential” or “trade secret” unless the entire page or paragraph consists of such confidential information. Only the confidential portions(s) should be identified and marked.

Respondents are to indicate where confidential information begins and ends.

Any claim of exemption from public disclosure is waived upon submission, unless addressed as set forth above. The Department will attempt to afford protection from disclosure of any trade secret as defined in Section 812.081(1)(f), F.S., or Section 688.002, F.S., where identified as such in the Reply, to the extent permitted under Section 815.045, F.S., and Chapter 119, F.S.

Each Responding Respondent acknowledges that the protection afforded by Section 815.045, F.S., is incomplete, and hereby agrees that no remedy for damages may arise from any disclosure by the Department.

It will be the responsibility of the Respondent to defend the confidentiality of its trade secrets through the judicial process.

The Department takes its public records responsibilities under chapter 119, F.S., and Article I, Section 24 of the Florida Constitution, very seriously. If a Respondent considers any portion of the documents, data or record submitted in response to this solicitation to be exempted by law from disclosure as a public record, the Respondent must also provide the Department with a separate Redacted Copy of its Reply, in hard copy and on a CD, DVD-ROM or USB flash drive, at the time of Reply submission in accordance with Section 3.1.19 of this ITN.

This Redacted Copy should contain the Department’s solicitation name, number, and the name of the Responding Respondent on the cover, and should be clearly titled “Redacted Copy.” The Redacted Copy must be provided to the Department at the same time the Respondent submits its Reply and must only exclude or obliterate those exact portions which are exempted by law from public disclosure.

IF A RESPONDENT FAILS TO SUBMIT A REDACTED COPY WITH ITS REPLY AS DESCRIBED

HEREIN, THE DEPARTMENT IS AUTHORIZED TO PRODUCE THE ENTIRE DOCUMENT(S), DATA

OR RECORDS SUBMITTED BY THE RESPONDENT IN ANSWER TO A PUBLIC RECORDS REQUEST.

THE STATE OF FLORIDA DOES NOT CONSIDER PRICE TO BE CONFIDENTIAL.

Withdrawal of Reply

Replies submitted on or before the Reply due date may be withdrawn, amended or replaced with another Reply up until the Reply due date and time. Replies withdrawn prior to the Reply Opening date and time will be returned, unopened to the Respondent at the Respondent’s expense.

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Firm Response

Respondent submitted Replies (including the BAFO) shall remain firm and valid until a contract is fully executed.

Respondent Generated Terms and Conditions

The Department anticipates addressing any Respondent generated terms and condition concerns not otherwise included in the Respondent Question and the Department’s Response, during the Contract Negotiation process as necessary. Respondents shall submit Respondent licensing and software agreement terms and conditions as instructed in the above Section

3.1.19 (2) (Tab 4) only. Respondents shall not submit additions, objections or modifications with their Reply submission. Respondent additions, objections or modifications will be considered with Respondent(s) selected for negotiations.

No oral agreements or representations shall be valid or binding upon the Department or the Respondent unless expressly contained herein or by a written addendum to this ITN, inclusion or amendment to the resulting Contract.

Reserved Rights

The Department reserves the right to:

1. Amend this ITN.

2. Waive minor irregularities in submitted Replies.

3. Conduct a Reply Clarification Process to cure deficiencies not directly related to

Technical Specifications of the ITN.

4. Accept or Reject any or all Replies received in whole.

5. Re-Solicit for new Replies.

6. Abandon the need for such commodities and services.

7. Request additional information to assess a Respondent’s capabilities.

8. Negotiate with one or more Respondents, either sequentially or concurrently, or not negotiate at all.

9. Request additional Best and Final Offers (BAFOs), if in the State’s best interest.

10. Exercise all, part, or none of the renewal options.

3.2 TECHNICAL REPLY ADMINISTRATIVE REVIEW

Non-Responsive Replies

Each Respondent shall submit a Reply that meets all material requirements of this ITN. The Department reserves the right to determine whether the Reply meets the material requirements as outlined in the ITN solicitation. Material requirements of this ITN are those without which adequate analysis and comparison of Replies is impossible, or those that affect the competitiveness of Replies. The Department seeks to maximize competition and reserves the right to seek clarification from responding Respondents to obtain non-material information to complete a responsiveness review. Failure of a Respondent to provide required information may cause a Respondent to be deemed Non-Responsive and therefore be disqualified from further consideration.

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Non-Responsive Replies may include, but are not limited to, those which:

1. fail to utilize, complete, and/or submit the mandatory prescribed forms;

2. fail to answer yes to each of the Attachment I: Pass / Fail Requirements;

3. include terms and conditions contrary to the requirements of this solicitation;

4. do not contain authorized signatures;

5. contain Technical or Reply information contrary to those outlined in this ITN; and

6. are not in conformance with the requirements and instructions contained herein.

A NON-RESPONSIVE REPLY WILL NOT BE CONSIDERED UNLESS, AT THE DEPARTMENT’S

DISCRETION, THE DISCREPANCY DOES NOT PREVENT REVIEW OF THE REPLY BY THE

DEPARTMENT AND CAN BE EASILY AND QUICKLY REMEDIED.

Minor Irregularities

The Department reserves the right to wave minor irregularities in a Reply. A minor irregularity is a variation of a technical nature to this ITN which does not affect the price of the Reply or give the Respondents a substantial or unfair advantage over other Respondents. At its sole discretion, the Department may request a Respondent to provide clarifying information or additional materials to correct a minor irregularity.