ITN-2500 Xperience by Kentico.pdf

FLORIDA DEPARTMENT OF LAW ENFORCEMENT

INVITATION TO NEGOTIATE

Acknowledgment Form

Page 1 of 91 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:

10/01/2024

Implementation and Migration to Xperience by Kentico Solicitation Number: FDLE-ITN-2500

Replies are Due: 12/03/2024 @ 2:30 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: *I hereby certify that my company, its employees, and its principals agree to all of the terms, conditions, provisions and specifications during the competitive solicitation and any resulting Contract including those contained in the Standard Contract.

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:

BY AFFIXING MY SIGNATURE ON THIS REPLY, I HEREBY STATE THAT I HAVE READ THE ENTIRE ITN TERMS, CONDITIONS, PROVISIONS AND SPECIFICATIONS AND ALL ITS ATTACHMENTS, INCLUDING THE REFERENCED PUR 1000 AND PUR 1001.

FDLE-ITN-2500 IMPLEMENTATION AND MIGRATION TO

XPERIENCE BY KENTICO

TABLE OF CONTENTS

SECTION 1 INTRODUCTION

1.1 SOLICITATION OVERVIEW

1.2 STATEMENT OF PURPOSE

1.3 SOLICITATION OBJECTIVE

1.4 QUESTIONS TO BE EXPLORED

1.5 GOALS OF THIS ITN

1.6 DISCLOSURES

1.7 CONTRACT TERM

1.8 DEFINITIONS

1.9 PROCUREMENT OFFICER

1.10 COMMUNICATION RESTRICTIONS

SECTION 2 SCHEDULE OF EVENTS

SECTION 3 SOLICITATION PROCESS

3.1 SOLICITATION PHASE

3.2 TECHNICAL REPLY ADMINISTRATIVE REVIEW

SECTION 4 SELECTION METHODOLOGY

4.1 RESPONSIVENESS AND RESPONSIBILITY

4.2 EVALUATIONS

4.3 NEGOTIATIONS

SECTION 5 AWARD

5.1 RIGHTS FOR AWARD

5.2 ELECTRONIC POSTING OF NOTICE OF INTENDED AWARD

5.3 OTHER RESERVED RIGHTS

5.4 NO CONTRACT UNTIL EXECUTION

5.5 PROTEST AND PROTEST FILING

SECTION 6 ADDITIONAL CONTRACT CONDITIONS

6.1 STANDARD CONTRACT PROVISIONS

6.2 CONTRACT APPROVAL

6.3 REPLY AS PART OF THE CONTRACT

6.4 CONTRACT ORDER OF PRECEDENCE

6.5 EXECUTION OF CONTRACT

SECTION 7 ATTACHMENTS

SECTION 1 INTRODUCTION

1.1 SOLICITATION OVERVIEW

The Florida Department of Law Enforcement (FDLE or Department), Information Technology Services (ITS) division, is issuing this solicitation to establish a contract to include implementing and migrating the Department's on-premises Kentico v.12 Content Management System (CMS) to an on-premises Xperience by Kentico platform. This solicitation will be administered through the Vendor Information Portal (VIP).

The Department reserves the right to accept or reject any and all offers or separable portions and to waive any minor irregularity, technicality, or omission if the Department determines that doing so will serve the best interest of the State.

1.2 STATEMENT OF PURPOSE

The Department intends to identify a qualified Respondent to manage the implementation and migration services to update the Department's on-premise Kentico v.12 Content Management System (CMS) to an on-premise Xperience by Kentico platform (hereinafter referred to as the "Product").

This project involves transitioning Department's web presence, including three primary domains, from Kentico 12 to Xperience by Kentico. The domains in question are:

• External Website (Internet)

• Internal Website (Corporate/Intranet)

• CJNET Website (Extranet)

The CJNET website contains sensitive information accessible only to registered law enforcement entities.

Therefore, the Department requires an on-premise solution to manage access, and SaaS options will not be considered.

1.3 SOLICITATION OBJECTIVE

The primary objective is to migrate FDLE’s three domains from Kentico 12 to Xperience by Kentico while ensuring content integrity, a seamless user experience, and robust security for sensitive information, particularly for the CJNET site. The project will also provide FDLE staff with the necessary training to manage the new platform.

Respondents should propose solutions that address:

• Seamless migration of over 400 pages and 9,000 assets per site.

• Implementation and configuration of an on-premise Xperience by Kentico platform.

• Security configurations in line with FDLE’s strict data access policies.

• Comprehensive training for FDLE website administrators on the new platform.

1.4 QUESTIONS TO BE EXPLORED

1. What solution models will ensure a seamless migration from Kentico 12 (Portal Engine) to Xperience by Kentico (MVC architecture), while maintaining competitive pricing and meeting FDLE’s functional needs?

2. How can FDLE ensure that the migration and implementation to Xperience by Kentico are both cost-effective and high-quality, preserving the current look and functionality of all websites, including forms, user roles, and permissions?

3. What strategies can be employed to maintain competitive pricing and ensure FDLE’s budget is adhered to throughout the migration and implementation process?

4. What best practices and technical approaches will the Contractor use to meet the migration, implementation, security, and performance objectives outlined in FDLE’s requirements?

5. What additional features or services does Xperience by Kentico offer (such as enhanced reporting capabilities, form data tracking, or custom analytics) that can improve FDLE’s content management and reporting functions?

1.5 GOALS OF THIS ITN

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

1. Migrate FDLE’s three web domains from Kentico 12 (Portal Engine) to Xperience by Kentico

(MVC architecture), ensuring no data loss, minimal downtime, and maintaining content integrity.

2. Implement the Xperience by Kentico platform, including setting up development and production environments, configuring all relevant features, and ensuring the platform is fully operational post-migration.

3. Leverage Kentico’s Migration Toolkit to streamline both the migration and implementation process, reducing manual effort and ensuring seamless functionality of key features such as web forms, reporting, and Active Directory authentication.

4. Ensure the implementation process adheres to FDLE’s security standards, particularly for CJNET, while improving scalability and performance.

5. Explore opportunities for enhancing FDLE’s reporting and analytics capabilities using the new tools available in Xperience by Kentico, such as multichannel reporting and Google Analytics integration.

1.6 DISCLOSURES

The Department is considering Reply(ies) for “upgrading a commercial off-the-shelf (COTS) licensed solution.

The Department is not interested in software development projects.

The Department shall have exclusive ownership of any data entered into the system as a result of this solicitation and any information derived from such data. Such data may include but is not limited to, name, date of birth, and address.

The Respondent will be expressly prohibited from using, modifying, or disclosing any of the Department’s data, including derived data unless further defined in the resulting Contract.

1.7 CONTRACT TERM

The contract resulting from this solicitation is expected to begin upon execution and remain in effect for a period of one year or for the duration of the project. The selected Respondent will be expected to assume the responsibilities outlined herein upon contract execution.

1.8 DEFINITIONS

Definitions used in this ITN, and its attachments have the means ascribed in this Section 1.8; Rule 60A- 1.001, Florida Administrative Code (F.A.C.); and the PUR 1000, the PUR 1001 and section 287.012, F.S.

are incorporated by reference. In the event of a conflict, the definitions listed in this section supersede the incorporated definitions for the purposes of this ITN document. All definitions apply in both their singular and plural sense.

Authorized Representative: An officer of the respondent’s organization who has legal authority to bind the organization to the provisions of the Reply. This usually is the President, Chairman of the Board, or owner of the entity. Document establishing delegated authority must be included with the Reply if signed by someone other than the authorized representative.

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.

Certified Partner: A second party reseller authorized by the Kentico to provide the commodities and services as advertised in this solicitation.

Commodity Code – The State’s numeric code for classifying commodities and contractual services which meet specific requirements, specifications, terms, and conditions herein. Florida has adopted the United Nations Standard Products and Services Code (UNSPSC) for classifying commodities and 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. (This definition replaces the definition in the PUR 1000).

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.

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 No. ITN-FDLE-2500, including all attachments and addenda to the Invitation to Negotiate.

ITS: Information Technology Services.

MyFloridaMarketPlace (MFMP) The State’s eProcurement system. MyFloridaMarketPlace, at MyFloridaMarketPlace / State Purchasing / Business Operations - Florida Department of Management Services.

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

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: means a Vendor who submits a Reply to this ITN.

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

Roll-Out: Implementation of the system in accordance with a pre-determined schedule.

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: 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 https://www.dms.myflorida.com/business_operations/state_purchasing/myfloridamarketplace https://www.dms.myflorida.com/business_operations/state_purchasing/myfloridamarketplace approval.

Technical Reply: A written narrative and other documentation submitted by the Respondent that is independently reviewed, evaluated, and scored in accordance with the evaluation criteria located in Attachment H.

Value Added Services: Additional services provided to the Department that include new and innovative technologies relating to the Implementation and Migration to Xperience by Kentico sought under this solicitation.

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

XML: Extensible Markup Language.

1.9 PROCUREMENT OFFICER

The Procurement officer is the sole point of contact for this ITN. Direct all contact with the Department to the Procurement Officer in writing by email.

Angela Githens Office of General Services Florida Department of Law Enforcement 2331 Phillips Road Tallahassee, FL 32308 Email: FDLEOGSContracts@fdle.state.fl.us

***PLACE THE ITN NUMBER IN THE SUBJECT LINE OF ALL EMAILS TO THE PROCUREMENT

OFFICER***

If a Respondent claims that any portion of an email is trade secret under section 812.081, F.S., or otherwise confidential under Florida or Federal Law, the Respondent is to place the word “Confidential” in the subject line. (See also subsection 3.8 of this ITN for more information on confidential information.)

https://vendor.myfloridamarketplace.com/ mailto:FDLEOGSContracts@fdle.state.fl.us

1.10 COMMUNICATION RESTRICTIONS

NOTICE PURSUANT TO SECTION 287.057(25), F.S.

Respondents to this solicitation or persons acting on their behalf may not contact, between the release of the solicitation and the end of the 72-hour period following the agency posting the notice of intended award, excluding Saturdays, Sundays, and state holidays, any employee or officer of the executive or legislative branch concerning any aspect of this solicitation, except in writing to the procurement officer or as provided in the solicitation documents. Violation of this provision may be grounds for rejecting a response.

THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK

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. The Department will not consider late submittals. All listed times are Eastern Time (ET) in Tallahassee, Florida.

EVENT DUE DATE LOCATION

ITN Advertised/Released 10/01/2024 Posted to the Vendor Information Portal (VIP) Vendor Information Portal

Non-Mandatory Pre-Reply Conference

10/15/2024 @ 11:00 a.m.

Via Conference Call

Conference Call Number: (872) 240-3311 Participation Code: 651-730-405

Questions Submitted in writing by email

Must be received

PRIOR TO:

10/26/2024 @ 12:00 p.m.

Submission deadline for Respondent Written Questions

FDLE Procurement Officer via email:

FDLEOGSContracts@fdle.state.fl.us

Answers to Questions (Anticipated Date) 11/02/2024

Posted to the Vendor Information Portal (VIP)

Technical Replies Due

Must be received

PRIOR TO:

12/03/2024 @ 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 12/03/2024 @ 3:00 p.m.

Conference Call Number: (872) 240-3311 Participation Code: 145-556-317

Anticipated Evaluations

Phase

12/05/2024- 12/14/2024

Evaluation Team Members to begin evaluations individually.

https://vendor.myfloridamarketplace.com/ mailto:FDLEOGSContracts@fdle.state.fl.us mailto:angelagithens@fdle.state.fl.us

EVENT DUE DATE LOCATION

Anticipated Negotiation Phase

01/08/2025- 01/11/2025

Negotiations are not public meetings.

however, they are recorded.

Negotiation meetings will be conducted in Tallahassee, Florida, if conducted in-person, or using technology-based solutions, if conducted remotely.

Negotiation Team Public Meeting

(Anticipated Date)

01/14/2025 @ 2:00 p.m.

Conference Call Number: (872) 240-3412 Participation Code: 260-875-445

Posting of Intent to

Award (Anticipated Date)

01/14/2025 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 SOLICITATION 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.

3.1.1 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.

3.1.2 Governance

The solicitation is governed by Florida law, including Chapters 287 and 120, F.S., and Rule Chapters 60A-1 and 28-110, F.A.C.

3.1.3 Questions and Answers

Respondents will submit all questions during the Questions and Answer period in writing to the Procurement Officer via email at the email address listed in Section 1.7, Procurement Officer. The deadline for submission of questions is reflected in Section 2.0 Schedule of Events.

The Department requests that all questions have the solicitation number in the subject line of the email. Questions are requested to be submitted in the following format:

Question # Vendor Name ITN Section ITN Page # Question

Questions and answers will not constitute a basis for formal protest of the specifications of the solicitation. The Department’s answers to written questions will be posted on the MFMP Vendor Information Portal (VIP). The Department will not be bound by, and Respondents shall not rely on, any representations outside of this Question and Answer process. It is the responsibility of the Respondent to monitor the VIP, as no additional notification will be provided when responses to questions are posted.

All written questions are reproduced in the same format as submitted by the Respondent.

3.1.4 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.

3.1.5 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.

3.1.6 PUR 1001 – General Instructions to Respondents

The PUR 1001, General Instructions to Respondents (2006 version) is incorporated herein by reference and can be accessed at:

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

Special Instructions

The following special instructions modify the general instructions provided in the incorporated PUR 1001 and shall take precedence over conflicting terms of the PUR 1001 which are inapplicable and superseded by this ITN.

Paragraphs 3, 4, 5, 7, 12, 13, and 20 of the PUR 1001 (General Instructions) are deleted and are replaced as follows:

Section 3. Electronic Submission of Responses: Responses must be submitted as required in Section 3.1.19.

Section 4. Terms and Conditions: All Replies are subject to the terms of this solicitation, which, in case of conflict, shall have the order of precedence listed in the Order of Precedence for Solicitation section.

The Department shall not accept any unrequested terms or conditions submitted by a Respondent, including any appearing in documents attached as part of a Respondent’s Reply.

In submitting its Reply, a Respondent agrees that any additional terms or conditions, whether submitted intentionally or inadvertently, shall have no force or effect.

Section 5. Questions: Questions must be submitted as specified in Section 3.1.3.

Section 6. Conflict of Interest: Replaced with Section 3.1.14 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

Section 7. Convicted Vendors: Replaced with Section 3.1.10

Section 12. Public Opening: Replaced with Section 3.1.20

Section 13. Electronic Posting of Notice of Intended Award: Replaced with Section 5.2

Section 14. Firm Response: Replaced with Section 3.1.25

Section 15. Clarifications/Revisions: Replaced with Section 3.2.3

Section 16. Minor Irregularities/Right to Reject: Replaced with Section 3.2.2

Section 20. Protests: Replaced with Section 5.5

Section 21. Limitation on Vendor Contact with Agency During Solicitation Period: Replaced with Section 1.9

3.1.7 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:

• 43232100: Content authoring and editing software

• 43232200: Content management software

• 43232202: Document management software

• 43232203: File versioning software

• 43231500: Business function specific software

3.1.8 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. 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.

3.1.9 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 https://vendor.myfloridamarketplace.com/ https://flvendor.myfloridacfo.com/ https://flvendor.myfloridacfo.com/ mailto:FLW9@myfloridacfo.com

(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).

3.1.10 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.

3.1.11 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.

3.1.12 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 A: List of Subcontractors. Requests for use of subcontractors received subsequent to the ITN process are subject to review and approval by The Department.

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.

3.1.13 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.

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

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 B: Scrutinized Companies Certification to evidence this certification with their Reply.

3.1.14 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 C: Conflict of Interest / Statement of No Involvement, and return with their Reply submittal.

3.1.15 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 D: In-State Preference Form.

3.1.16 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 E: 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.

3.1.17 Definition of Requirements

Within this ITN, the use of “shall” or “must” indicates a mandatory requirement or mandatory action. The Department shall consider failure to meet a mandatory requirement or action a material deficiency. In the event a Reply contains a material deficiency, the Department may reject the Reply and not consider it further, score that requirement with a zero (0), or take any other action appropriate under the circumstances. But, if the Department determines, in its sole discretion, the failure to meet a mandatory requirement is not material the Department reserves the right to waive the deficiency.

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.

3.1.18 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:

Implementation and Migration to Xperience by Kentico

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 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.

3.1.19 Reply Submission Format

The instructions for this solicitation have been designed to help ensure 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: Sealed Technical Replies

• VOLUME TWO: Sealed 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 2500

Title: Implementation and Migration to Xperience by Kentico Reply Opening: 12/03/2024 @ 3:00 PM ET

VOLUME ONE: SEALED TECHNICAL REPLY

VOLUME TWO: SEALED 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 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: SEALED TECHNICAL REPLY SUBMISSION

Respondents shall submit their Technical Reply to include:

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

b. Six (6) electronic responses submitted via 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 USB Drive as described in Section 3.1.19.

e. The individual section tabs as outlined below:

TECHNICAL REPLY SUBMISSION LAYOUT

Tab 1

COVER LETTER

A cover letter on the Respondent’s letterhead with the following information:

a. Company name and physical address;

b. Primary location(s) from where the work will be performed;

c. Contact information for Respondent’s primary point of contact, including phone number and email address; and

d. Federal Employer Identification (FEID) Number.

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

Tab 2

EXPERIENCE REPLY

Executive Summary:

The Respondent should include an Executive Summary, no longer than ten (10) pages in length, that demonstrates the Respondent’s overall understanding of the need for and purpose of the ITN and describes the noteworthy features of the Respondent’s Technical Reply(ies). No points will be awarded for the Executive Summary.

Experience Reply:

The Respondent should submit a detailed Experience Reply that provides all the information requested in Attachment G, Experience Reply Instructions and Evaluation Criteria.

References:

The Respondent should provide three (3) references for each Service Category for which the Respondent is proposing to provide services in the relevant Experience Reply (above).

References must be listed on Attachment F: Respondent Reference Form and included in this section.

Tab 3

TECHNCIAL REPLY

The Respondent should submit a detailed Technical Reply that provides all the information requested in Attachment H: Technical Reply Instructions and Evaluation Criteria.

Note: Use a font color or underline for the narrative that is different from the ITN Requirement.

Tab 4

VALUE-ADDED FEATURES OR ENHANCMENTS

The Respondent may offer services other than those specifically outlined in this solicitation that it believes offers Value-Added Services to the Department. Innovative ideas, and new concepts 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.

THE REMAINDER OF THIS PAGE LEFT BLANK INTENTIONALLY

VOLUME TWO: SEALED ADMINISTRATIVE QUALIFICATION DOCUMENTS SUBMISSION

Respondents shall provide their Administrative Qualifications Documents as follows:

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

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

c. 8.5” x 11” paper. If the Administrative 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. 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 B)

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

4. In State Preference Form (Attachment D)

5. Affidavit of No Offshoring (Attachment E)

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 I)

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.

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 shall provide their sealed price reply submission to include:

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

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

c. 8.5” x 11” paper. If the Price 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. The price provided for Implementation and Migration of Xperience by Kentico, 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 services; 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 prices on Attachment J: Price Reply Worksheet may result in the Reply being deemed non-responsive and therefore, the Reply may be rejected. Footnotes, notations, and exceptions made to Attachment J may not be considered.

e. The sealed price reply will not be opened until the Respondent(s) are selected for negotiations. Prices submitted may be reduced during negotiations but cannot be raised unless the increase is reflected in the BAFO and is directly related to changes in offered services in the BAFO and as negotiated in accordance with this ITN. During the negotiation process, the Department also reserves the right to negotiate a la carte services, categories, and components of services.

Important Note: Value-Added Features or Enhancements should not be included in the overall contract pricing. These should be priced individually and listed separately under the "Other Costs" section. They are not required; however, they may be considered during the negotiation phase.

3.1.20 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.

3.1.21 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.

3.1.22 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.

3.1.23 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 writing on each and every such page. Failure to segregate and to 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 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 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 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.

3.1.24 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.