MFN-3 ITN DMS 2627-025.pdf

ITN No.: DMS-26/27-025 Page 1 of 27 MyFloridaNet-3

4050 Esplanade Way Tallahassee, FL 32399-0950

850-488-2786

Ron DeSantis, Governor Tom Berger, Secretary

INVITATION TO NEGOTIATE

FOR

MyFloridaNet-3

ITN NO: DMS-26/27-025

THE STATE OF FLORIDA

DEPARTMENT OF MANAGEMENT SERVICES

Refer ALL inquiries to:

Procurement Officer: Stefanie Higgins Florida Department of Management Services

4050 Esplanade Way, Suite 360 Tallahassee, FL 32399-0950

Phone: (850) 487-3977 Email: Stefanie.Higgins@dms.fl.gov

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

Any protest concerning an agency decision or intended decision must be timely filed with the Department of Management Services’ Agency Clerk. Protests may be filed by courier, hand delivery, or regular mail at: Department of Management Services, Office of the General Counsel, Attention: Agency Clerk, 4050 Esplanade Way, Suite 160, Tallahassee, Florida 32399-0950. Protests may also be filed by fax at 850- 922-6312, or by email at agencyclerk@dms.fl.gov.It is the filing party's responsibility to meet all f iling deadlines.

NOTICE PURSUANT TO SUBSECTION 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 seventy-two (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.

mailto:Stefanie.Higgins@dms.fl.gov mailto:agencyclerk@dms.fl.gov.

ITN No.: DMS-26/27-025 Page 2 of 27

TABLE OF CONTENTS

SECTION 1. INTRODUCTION

1.1 Solicitation Objective

1.2 Background

1.3 Definitions

1.4 Term

1.5 Questions Being Explored

1.6 Goals of the ITN

1.7 Special Accommodations

1.8 Procurement Officer

1.9 Order of Precedence for Solicitation

1.10 Timeline of Events

SECTION 2. SOLICITATION PROCESS

2.1 General Overview

2.2 Questions and Answers

2.3 Addenda to the Solicitation

2.4 Receipt of Replies

2.5 Respondent Firm Offer

SECTION 3. GENERAL INSTRUCTIONS

3.1 General Instructions to Respondents (PUR 1001 Form)

3.2 Special Instructions

3.3 Florida Substitute Form W-9 Process

3.4 Website References

3.5 How to Submit a Reply

3.6 Mandatory Responsiveness Requirements

3.7 Contents of Reply

3.8 Rejection of Replies

3.9 Public Records, Respondent’s Confidential Information, and Redacted Replies

3.10 Additional Information

3.11 Respondent’s Pricing

SECTION 4. SELECTION METHODOLOGY

4.1 Responsiveness and Responsibility

4.2 Evaluation Process – General Overview

4.3 Evaluation of the Reply

4.4 Scoring of Technical Replies

4.5 Negotiations

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4.6 Final Selection

SECTION 5. AWARD

5.1 Rights for Award

5.2 Agency Decision and Notice of Intent to Award Contract

5.3 Other Reserved Rights

5.4 No Contract until Execution

Attachments:

Attachment A –Statement of Work Attachment B – Draft Contract Attachment C – Service Level Agreements Attachment D – Business Case Attachment E – Reply Format Attachment F – Technical Reply Instructions Attachment G –Instructions for Cost Reply Price Workbook Attachment H – Staffing Plan Worksheets Attachment I – Technical Reply Attachment J – Evaluator Scoresheet Attachment K – Cost Reply Price Workbook Attachment L – Evaluator Instructions Attachment M – Points Table Attachment N – Negotiator Scoring Sheet Attachment O – Price Evaluation Workbook

Forms:

FORM 1 – CONTACT INFORMATION

FORM 2 – NOTICE OF CONFLICT OF INTEREST

FORM 3 – SUBCONTRACTING

FORM 4 – STATEMENT OF NO PRIOR DISQUALIFYING INVOLVEMENT

FORM 5 – MANDATORY RESPONSIVE REQUIREMENTS

FORM 6 – QUALIFICATIONS & EXPERIENCE QUESTIONNAIRE

FORM 7 – CLIENT REFERENCE FORM

FORM 8 – PUR 7801 – VENDOR CERTIFICATION FORM

FORM 9 – PUR 2024 – USE OF COERCION FOR LABOR AND SERVICES (Required only if a Respondent is awarded a Contract)

FORM 10 - CERTIFICATION OF DRUG-FREE WORKPLACE PROGRAM

FORM 11 - NON-COLLUSION CERTIFICATION

FORM 12 – PUR 1355 – FOREIGN COUNTRY OF CONCERN ATTESTATION

FORM 13 – PUR 1808 – COMMON CARRIER OR CONTRACTED CARRIER ATTESTATION

FORM 14 – PUR 2023 – PROVISION OF COMMODITIES PRODUCED BY FOREIGN LABOR

ITN No.: DMS-26/27-025 Page 4 of 27

SECTION 1. INTRODUCTION

1.1 Solicitation Objective

The State of Florida (State), Department of Management Services (Department or DMS) is seeking to establish, through this Invitation to Negotiate (ITN), a contract or contracts (Contract) for a newly structured telecommunications infrastructure service and support contract. This procurement is intended to establish a multi-year strategic partnership with a single vendor to reduce the cost of services, improve the quality of services provided, and increase long-term value to the State. The services sought with this ITN will provide Customers with the next iteration of Florida’s statewide backbone and other telecommunication services. Collectively, the services and commodities covered by this ITN will be referred to as MyFloridaNet-3 Services. MFN-3 Services will continue to provide enterprise telecommunications. MFN-3 services can be delivered on a dedicated, commercial, or hybrid network.

The solicitation will be administered through the Vendor Information Portal (VIP). Respondents interested in submitting a Reply must comply with all of the terms and conditions described in this ITN.

The Department intends to award a single contract to one Respondent or to make no award as determined to be in the best interest of the State.

The resulting Contract, if any, will be used by the Department and other authorized entities, collectively referred to as “Customers.”

1.2 Background

The Department of Management Services and L3Harris Technologies entered into the MFN-2 contract in 2016 to provide network services for state government and eligible users including Florida county and city governments, school districts, universities, community colleges, and non-profit organizations. MFN-2 is a multi-year contract for Florida providing a wide range of services, including core Wide Area Network (WAN), Metropolitan Area Network (MAN), and broadband solutions, all tailored to meet the diverse needs of its subscribers. These services are underpinned by stringent Service Level Agreements (SLAs) that guarantee availability, performance, and delivery expectations.

MFN-2 offers flexible cloud connectivity solutions through Layer-2 and Layer-3 options. The Layer-2 service, designated as Cloud Connect 2 (CC2), provides dedicated point-to-point Ethernet connections to cloud providers, leveraging redundant Azure connections and optional dual links for other services at additional costs. The Layer-3 option, NetBond (NB3), facilitates Network Address Translation (NAT) and offers redundancy through AT&T's infrastructure in Orlando and Jacksonville, with a maximum bandwidth of 1 Gbps. The network also supports Interstate Services, enabling custom solutions for disaster recovery, SaaS integrations, or other needs that extend beyond Florida’s state boundaries.

Customer Premise Equipment (CPE) options under MFN-2 include contract-acquired devices with maintenance and installation services or customer-provided hardware that meets specific requirements. Contract-acquired CPE offers a four-hour restoration SLA, provided Simple Network Management Protocol (SNMP) access is enabled. Customer-provided CPE must be certif ied, up-to-date, and configured by the customer, with optional monitoring and management services available through the MFN-2 Network Operations Center (NOC). Ancillary services complement the core offerings, including expedited installations, data storage solutions, email and web hosting for e-rate eligible entities, and Managed Security Services (MSS). MSS

ITN No.: DMS-26/27-025 Page 5 of 27 encompasses capabilities such as event monitoring, vulnerability management, log retention, and advanced threat intelligence reporting.

These comprehensive services, coupled with a focus on reliability and customer support, have made MFN-2 a critical backbone for state and local organizations. The foundational features of MFN-2 provide a baseline for understanding the next iteration of the network, MyFloridaNet-3 (MFN-3), and the advancements it aims to introduce.

Respondents to an MFN-3 solicitation will be expected to support agency customers at a level of service and reliability contemplated in Attachment C – Service Level Agreements which will exceed the current-state implementation of MFN-2.

1.2.1 Business Case

Prior to issuance of this solicitation, the Department contracted with a private vendor to assist in the development of a business case in accordance with section 287.0571, Florida Statutes. The business case examined options for the future path of MFN-3 Services and recommended that the Department issue an ITN for the services described herein. The MyFloridaNet-3 Business Case is attached to this procurement as Business Case (Attachment D) for background informational purposes only and does not contain specifications for this solicitation.

The Department has estimated that the annual total enterprise expenditures on the Contract resulting from this solicitation will be approximately sixty million dollars ($60,000,000). This estimate is for informational purposes only. Under no circumstances should this estimate be construed as representing actual, guaranteed, or minimum spend under any new Contract.

1.3 Definitions

The following definitions apply to this ITN. Please see the Statement of Work, (Attachment A), the Draft Contract (Attachment B) and Special Conditions, if any, for other definitions applicable to this ITN.

a. Business Day: Monday through Friday, inclusive, except for those holidays specified in section 110.117, F.S., from 8:00 a.m. to 5:00 p.m. Eastern Time.

b. Business Network: An online marketplace (formerly known as Ariba Network) that connects Vendors and buyers for solicitations, collaboration, and purchasing transactions. A Business Network account is required to submit responses to electronic solicitations.

c. Commercial: Service resources utilized to deliver the MFN-3 Services that are already deployed by the Respondent or subcontracted by the Respondent. This infrastructure is not deployed for the sole use of the State of Florida.

d. Confidential Information: Any portions of a Respondent’s documents, data, or records disclosed relating to its Reply that is clearly marked “Confidential” that the Respondent claims are confidential and not subject to disclosure pursuant to chapter 119, Florida Statutes (F.S.), the Florida Constitution, or any other authority.

e. Contract: The legally enforceable agreement that results from a successful solicitation.

The parties to the Contract will be DMS and Contractor.

f. Contractor(s): The Respondent that will be awarded a Contract pursuant to this solicitation.

g. Cost Reply: A Vendor’s pricing for commodities and/or services requested in this ITN.

h. Customer(s): As defined in Rule 60FF-1.002, F.A.C

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i. Dedicated: Service resources utilized to deliver the MFN-3 Services that are deployed for the sole use of the State of Florida by the Respondent.

j. Department: The Department of Management Services as defined by s. 20.22, F.S.

Also referred to herein as “DMS.”

k. Hybrid: Services resources utilized to deliver the MFN-3 Services that are comprised of both Dedicated and Commercial resources.

l. Reply: The formal response to an ITN.

m. Respondent: A Vendor who submits a Reply to this ITN.

n. State: The State of Florida.

o. Vendor(s): An entity that is capable and in the business of providing a commodity or contractual service similar to those within the solicitation.

p. VIP: Acronym for the Vendor Information Portal (VIP), an online platform within the

MyFloridaMarketPlace (MFMP) system, which serves as the State of Florida's centralized purchasing system.

1.4 Term

The initial term of the Contract(s) will be 7 years in accordance with section 2.A., Initial Term, of Attachment B, Draft Contract.

The Contract may only be renewed in accordance with section 287.057(14), Florida Statutes and section 2.B., Renewal Term, of the Draft Contract (Attachment B).

1.5 Questions Being Explored

What is the best model for delivery of cost-efficient and high-quality MFN-3 Services?

What service options meet a variety of Customer needs?

How will the Department maintain competitive pricing throughout the initial and renewal terms of the Contract?

What is the best model for the Department to achieve the objectives stated in Attachment A, Statement of Work (SOW)?

1.6 Goals of the ITN

The goals of this ITN are to establish:

a) The delivery of cost-efficient and high-quality MFN-3 Services;

b) Service options that meet a variety of Customers’ needs;

c) Competitive pricing throughout the initial and any renewal terms of the Contract; and

d) Satisfactory objectives in accordance with the Statement of Work (SOW -Attachment A)

1.7 Special Accommodations

Any person requiring a special accommodation due to a disability should contact the Department’s Americans with Disabilities Act (ADA) Coordinator at (850) 922-7535 or ADA.Coordinator@dms.fl.gov. Requests for accommodation for meetings must be made at least f ive (5) Business Days prior to the meeting. A person who is hearing or speech impaired can contact the ADA Coordinator by using the Florida Relay Service at (800) 955-8771 (TDD).

1.8 Procurement Officer

mailto:ADA.Coordinator@dms.fl.

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

Stefanie Higgins Division of State Purchasing Florida Department of Management Services 4050 Esplanade Way, Suite 360 Tallahassee, FL 32399-0950 Phone: (850) 487-3977 Email: Stefanie.Higgins@dms.fl.gov

***ALL EMAILS TO THE PROCUREMENT OFFICER SHOULD CONTAIN THE ITN NUMBER

IN THE SUBJECT LINE OF THE EMAIL. ***

If a Respondent is claiming that any portion of an email is trade secret under section 812.081, Florida Statutes, or otherwise confidential under Florida or Federal Law, the Respondent is to place the word “Confidential” in the subject line. (See Subsection 3.8, Public Records, Respondent’s Confidential Information, and Redacted Replies, of this ITN for more information on confidential information.)

Any contact with the Department by an affiliate, a person with a relevant business relationship with a Respondent, or an existing or prospective subcontractor to a Respondent is assumed to be on behalf of a Respondent unless shown otherwise.

1.9 Order of Precedence for Solicitation

In case of internal conflict within this ITN, the following sections shall have the order of precedence listed below.

a. This ITN document

b. Reply Format – Attachment E

c. Technical Reply Instructions – Attachment F

d. Draft Contract – Attachment B

e. Statement of Work – Attachment A

f. Service Level Agreements – Attachment C

g. Cost Reply Price Workbook – Attachment K

h. Instructions for Cost Reply Price Workbook – Attachment G

i. Other ITN attachments

1.10 Timeline of Events

The table below contains the Timeline of Events for this solicitation. The dates and times within the Timeline of Events are subject to change. It is the responsibility of the Respondent to check for any changes on the Vendor Information Portal (VIP) and in the Business Network.

Respondents shall not rely on the Business Network time clock. It is not the official submission date and time deadline. In the event of a technical malfunction or discrepancy in VIP or in the Business Network, the Timeline of Events listed in the solicitation document shall prevail. The official solicitation dates and time deadlines are reflected in the Timeline of Events.

mailto:Stefanie.Higgins@dms.fl.gov https://vendor.myfloridamarketplace.com/

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TIMELINE OF EVENTS

Events Event Time (ET) Event Date

ITN posted on VIP. August 24, 2026 Deadline to submit questions in the Business Network. 3:00 PM ET September 18, 2026

Department’s anticipated posting of answers to Respondent’s questions on VIP. October 20, 2026

Deadline to submit Reply and all required documents in the Business Network 10:00 AM ET December 7, 2026

Public Opening.

Conference Room 101 4050 Esplanade Way Tallahassee, Florida 32399-0950

Call in option:

305-224-1968 Meeting ID: 892 2767 3779

3:00 PM ET December 7, 2026

Anticipated Evaluations Phase. January 4, 2027 – February 12, 2027 Anticipated Negotiations Phase. March 1, 2027 – June 25, 2027 Negotiation Team Public Meeting Conference Room 101 4050 Esplanade Way

Call in option:

305-224-1968 Meeting ID: 840 0309 4705

10:00 AM June 30, 2027

Anticipated date to post Notice of Intent to Award on the VIP. July 6, 2027

Anticipated Contract Execution. October 1, 2027

SECTION 2. SOLICITATION PROCESS

2.1 General Overview

The ITN is a method of competitively soliciting contractual services under section 287.057(1)(c), Florida Statutes. This solicitation will be administered through the MyFloridaMarketPlace (MFMP) Vendor Information Portal (VIP). Vendors interested in submitting a Reply are to comply with all terms and conditions described in this solicitation. The Department will hold a public opening of the Replies at the date, time, and location provided in the Timeline of Events.

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The ITN process is divided into two (2) phases: the evaluation phase and the negotiation phase.

The evaluation phase involves the Department’s evaluation of Replies in accordance with this ITN. During this phase, the Department evaluates all Responsive Replies using the assessment scale against all evaluation criteria to establish a competitive range of Replies reasonably susceptible of award. The Department then selects one (1) or more Respondents within the competitive range with which to commence negotiations.

The negotiation phase involves negotiations between the Department and one or more Respondents whose evaluated Replies were determined to be within the competitive range, in accordance with this ITN. During this phase, the Department may request revised Replies and best and final offers (BAFOs) based on the negotiations.

Once negotiations have concluded and BAFO(s) have been received and reviewed, the Department will hold a negotiation team public meeting to recommend Contract award. The Department intends to post a notice of an Intent to Award Contract, identifying the responsive and responsible vendor that provides the best value to the State based on the selection criteria set forth in Subsection 4.6, Final Selection and Notice of Intent to Award Contract, of the ITN.

Any reservation or listing of reservations of the Department’s rights provided in this ITN is not intended to be exhaustive and shall not be construed to limit the rights of the Department in conducting this procurement.

2.2 Questions and Answers

Vendors will submit all questions in the Business Network by the time and date reflected in the ‘Timeline of Events’ section of this ITN (or as revised by addenda). Questions submitted by email, telephone, postal mail, hand delivery, fax, or other means will not be accepted.

All submitted questions should be numbered and include a reference to the Tab and/or Attachment to which the question pertains. Questions will not constitute a formal protest of the specifications of the ITN.

The Department’s answers to submitted questions will be posted in VIP and such answers do not themselves constitute an addendum to the solicitation. The Department is not obligated to revise the solicitation or attachments.

2.3 Addenda to the Solicitation

The Department reserves the right to modify this solicitation by issuing addenda posted on VIP.

It is the responsibility of the Respondent to check VIP for information and updates throughout the solicitation process and prior to submitting a Reply.

2.4 Receipt of Replies

2.4.1 Reply Deadline

The Respondent is responsible for submitting its Reply to the Department via the Business Network no later than the date and time provided in the ‘Timeline of Events’ section of this ITN (or as revised by addenda).

2.4.2 Clarifications to Replies

No changes, modifications, or additions to the Replies will be allowed after the Replies have been opened, except as negotiated during the negotiation phase. However, the Department reserves the right to seek clarif ications from any Respondent at any time.

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2.5 Respondent Firm Offer

The Department may enter into a Contract within three hundred and sixty-five (365) calendar days after the date the Notice of Intent to Award is posted, during which period Replies shall remain firm and shall not be withdrawn. If a Contract is not executed within three hundred and sixty-five (365) days, the Replies shall remain firm until either the Contract is executed or the Department receives from a Respondent written notice that the Reply is withdrawn.

SECTION 3. GENERAL INSTRUCTIONS

3.1 General Instructions to Respondents (PUR 1001 Form)

The PUR 1001 Form, General Instructions to Respondents, is incorporated by reference into this solicitation but is superseded to the extent set forth herein. The form can be accessed at:

https://www.dms.myflorida.com/content/download/2934/file/PUR%201001%20General%20Ins tructions%20to%20Respondents.pdf

3.2 Special Instructions

The following special instructions modify the general instructions provided in the incorporated

PUR 1001.

Sections 8, 10 13, 17, and 18 of the PUR 1001 are deleted in entirety.

Sections 3, 4, 5, 7, 9, 11, 14, 15, 19, and 20 of the PUR 1001 are inapplicable and are replaced as follows:

3. Electronic Submission of Replies. Replies shall be submitted in accordance with Subsection 3.5 ‘How to Submit a Reply’ of this solicitation.

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

The Department will not accept any unrequested terms or conditions submitted by a Respondent, including any appearing in documents attached as part of a Respondent’s Reply or hyperlinked therein. In submitting its Reply, a Respondent agrees that any additional terms or conditions, whether submitted intentionally or inadvertently, shall have no force or effect.

Attachment I – Assumptions and Exceptions will not be provided to evaluators but will become applicable only if a Respondent is selected for negotiations. In completing Attachment I – Assumptions and Exceptions, a Respondent should limit “Exceptions” to proposed value-added changes that would materially reduce cost without adversely impacting service levels or would materially improve the quality of a proposed solution without prohibitively increasing costs.

5. Questions. Questions shall be submitted in accordance with Subsection 2.2, Questions and Answers of this solicitation.

7. Convicted Vendor, Discriminatory Vendor, Antitrust Violator, and Forced Labor Vendor Lists.

a. Convicted Vendor List.

https://www.dms.myflorida.com/content/download/2934/file/PUR%201001%20General%20Instructions%20to%20Respondents.pdf https://www.dms.myflorida.com/content/download/2934/file/PUR%201001%20General%20Instructions%20to%20Respondents.pdf

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Pursuant to section 287.133, F.S., a person or affiliate who has been placed on the Convicted Vendor List following a conviction for a public entity crime may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in section 287.017, F.S. for CATEGORY TWO for a period of 36 months following the date of being placed on the Convicted Vendor List.

b. Discriminatory Vendor List.

Pursuant to section 287.134, F.S., an entity or affiliate who has been placed on the Discriminatory Vendor List may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work;

may not submit bids, proposals, or replies on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity.

c. Antitrust Violator Vendor List.

Pursuant to section 287.137, F.S., a person or an affiliate who has been placed on the Antitrust Violator Vendor List following a conviction or being held civilly liable for an antitrust violation may not submit a bid, proposal, or reply for any new contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply for a new contract with a public entity for the construction or repair of a public building or public work; may not submit a bid, proposal, or reply on new leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a new contract with a public entity; and may not transact new business with a public entity.

d. Forced Labor Vendor List.

Pursuant to section 287.1346, F.S., a company placed on the Forced Labor Vendor List may not submit a bid, proposal, or reply on a contract to provide commodities to an agency;

be awarded a contract or perform work as a contractor, supplier, subcontractor, or consultant with an agency for the provision of commodities; or transact business for the provision of commodities with an agency. Additionally, an agency may not accept a bid, proposal, or reply from; award a contract to; or transact business pertaining to the provision of commodities with a company on the forced labor vendor list, or an entity under the control of such company, for a period of 365 days after the date the company was placed on the list unless the company is removed from the list pursuant to section 287.1346(5)(d), F.S.

9. Respondent’s Representation and Authorization. In submitting a Reply, the Respondent certif ies that it understands, represents, and acknowledges the following:

a. The Respondent is not currently under suspension or debarment by the State or any other governmental authority.

b. The Respondent currently has no delinquent obligations to the State, including a claim by the State for liquidated damages under any other contract.

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c. The submission is made in good faith and not pursuant to any agreement or discussion with, or inducement from, any entity or person to submit a complementary or other noncompetitive Reply.

d. The prices and amounts have been arrived at independently and without consultation, communication, or agreement with any other Respondent or potential Respondent;

neither the prices nor amounts, actual or approximate, have been disclosed to any other Respondent or potential Respondent, and they will not be disclosed before the solicitation opening.

e. The Respondent has fully informed the Department in writing of all convictions of the Respondent, its affiliates (as defined in section 287.133(1)(a), F.S.), and all directors, officers, and employees of the Respondent and its affiliates for violation of any state or federal law involving a public entity crime (as defined in section 287.133(1)(g), F.S.).

This includes disclosure of the names of current employees who were convicted of public entity crimes while in the employ of another company.

f. Neither the Respondent nor any person associated with it in the capacity of owner, partner, director, officer, principal, investigator, project director, manager, auditor, or in a position involving the administration of federal funds:

o Is presently indicted or, within the preceding three years, has been convicted or found guilty of, or found civilly liable for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a federal, state, or local government transaction or public contract; violation of federal or state antitrust statutes; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; or o Has within a three-year period preceding this certif ication had one or more federal, state, or local government contracts terminated for cause or default.

g. The products and services offered by the Respondent conform to the specifications contained herein.

h. The Respondent has read and understands the terms and conditions listed in the Draft Contract, and the submission is made in conformance with those terms and conditions.

i. If an award is made to the Respondent, the Respondent agrees that it will execute a Contract.

j. The Respondent has made a diligent inquiry of its employees and agents responsible for preparing, approving, or submitting the Reply, and has been advised by each of them that he or she has not participated in any communication, consultation, discussion, agreement, collusion, act, or other conduct inconsistent with any of the statements and representations made in the Reply.

k. The Respondent shall indemnify, defend, and hold harmless the Department, Customer, and their employees against any cost, damage, or expense which may be incurred or be caused by any error in the Respondent’s preparation of its Reply.

l. All information provided by, and representations made by, the Respondent are material and important and will be relied upon by the Department in awarding the Contract. Any misstatement may be treated as fraudulent concealment from the Department and Customers of the true facts relating to submission of the Reply. A misrepresentation may be punishable under law.

The Department reserves the right to deem the Respondent non-responsive or non-responsible based on any information provided in, or omitted from, the Respondent’s Reply related to the certif ications of this section.

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11. Performance Qualifications. The Customer reserves the right to investigate or inspect at any time whether the product, qualif ications, or facilities offered by the Contractor meet the Contract requirements. Contractor shall at all times during the Contract term remain responsive and responsible. In determining a Respondent’s responsibility, DMS shall consider all information or evidence which is gathered or comes to the attention of the agency which demonstrates the Respondent’s capability to fully satisfy the requirements of the solicitation and the Contract.

A Respondent must be prepared, if requested, to present evidence of experience, ability, and financial standing, as well as a statement as to plant, machinery, and capacity of the Respondent for the production, distribution, and servicing of the product bid. If DMS determines that the conditions of the solicitation documents are not complied with, or that the product proposed to be furnished does not meet the specified requirements, or that the qualif ications, f inancial standing, or facilities are not satisfactory, or that performance is untimely, DMS may reject the response or terminate the Contract. A Respondent may be disqualif ied from receiving awards if the Respondent, or anyone in the Respondent employment, has previously failed to perform satisfactorily in connection with public bidding or contracts. This paragraph shall not mean or imply that it is obligatory upon DMS to make an investigation either before or after award of the Contract, but should DMS elect to do so, a Contractor is not relieved from fulfilling all Contract requirements.

Pursuant to Section 287.057(27)(a), Florida Statutes:

“In determining whether a vendor is a responsible vendor, an agency may establish financial stability criteria and require a vendor to demonstrate its financial stability. If an agency requires a vendor to demonstrate its financial stability during the competitive solicitation process, the agency must accept any of the following as evidence of the vendor’s financial stability:

1. Audited financial statements that demonstrate the vendor’s satisfaction of f inancial stability criteria.

2. Documentation of an investment grade rating from a credit rating agency designated as a nationally recognized statistical rating organization by the Securities and Exchange Commission.

3.a. For a vendor with annual revenues exceeding $1 billion, a letter containing a written declaration, pursuant to s. 92.525, issued by the chief f inancial officer or controller attesting that the vendor is financially stable and meets the definition of f inancial stability in paragraph (b).

b. For a vendor with annual revenues of $1 billion or less, documentation, based on criteria established by the agency, evidencing that the vendor is financially stable and meets the definition of f inancial stability in paragraph (b).

The criteria established by the agency shall be reasonably related to the value of the contract and may not include audited financial statements.

(b) For purposes of this subsection, the term “financial stability” means, at a minimum, having adequate income and capital and the capacity to efficiently allocate resources, assess and manage financial risks, and maintain financial soundness through the term of the contract.

(c) This subsection does not preclude an agency from requiring a performance bond for the duration of the contract, when appropriate.”

14. Firm Response. The offer will be held firm in accordance with Subsection 2.5, Respondent Firm Offer.

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15. Clarifying Information. The Department may request, and Respondent shall provide, clarifying information or documentation. Failure to supply the information or documentation as requested may result in the Reply being deemed non-responsive.

19. Public Records. Section 19 of the PUR 1001 is replaced with Section 3.9 of this ITN.

20. Protests. Any protest concerning this solicitation should be made in accordance with sections 120.57(3) and 287.042(2), F.S., and Rule Chapter 28-110, F.A.C. Any communication not in accordance with these sections or the solicitation, including questions to the Procurement Officer, will not constitute formal notice of a protest.

3.3 Florida Substitute Form W-9 Process

It is the responsibility of the awarded Respondent to complete a Florida Substitute Form W-9 prior to execution of a Contract. The Internal Revenue Service receives and validates the information provided on the Florida Substitute Form W-9. For instructions on how to complete the Florida Substitute Form W-9, please visit https://f lvendor.myfloridacfo.com/.

3.4 Website References

Respondents should not incorporate or reference dynamic links that are external to the Reply documents. Provide screen shots in lieu of references to websites. References to dynamic links (Universal Resource Locators) will not be considered as part of the Respondent’s Reply.

3.5 How to Submit a Reply

Vendors must submit their Reply through MFMP, as provided herein.

3.5.1 MFMP Registration

A Vendor must be registered in the MyFloridaMarketPlace (MFMP) Vendor Information Portal (VIP) to submit its intent to participate in this solicitation from the Advertisements Dashboard in VIP. A Vendor must also be registered in the Business Network (formerly known as Ariba Network) to submit questions and respond to this solicitation event.

3.5.1.1 To Participate in this solicitation, a Vendor must:

a) Create an account through VIP at https://vendor.myfloridamarketplace.com/ if not already registered. For information on how to register in VIP, access MFMP training materials using the link in Section 3.5.2 MFMP Training below.

b) Once registered in VIP and logged into your company’s VIP account, search for this solicitation from the Advertisements Dashboard and click “Intends to Participate.”

c) The Vendor’s solicitation contact as listed in Vendor’s MFMP account will receive an invitation to participate in the solicitation via email. This email will give the option to register the Vendor’s company on the Business Network or to log into the Business Network using the Vendor’s credentials if the Vendor already has a Business Network account.

https://flvendor.myfloridacfo.com/

ITN No.: DMS-26/27-025 Page 15 of 27

3.5.1.2 If a Vendor is NOT registered in the Business Network, the Vendor must:

a) Register in the Business Network using the provided link received after selecting “Intends to Participate” in VIP. The Vendor must follow the registration wizard to fill in all required sections, read, and agree to the MFMP terms of use by checking the box, and click “Register” to complete the registration process.

b) The Vendor’s contact will receive an email from the Business Network confirming the registration of the Vendor’s account. To activate the Vendor’s account, select the “Click here to activate your Ariba account” link. This will direct the Vendor to the Business Network welcome page.

3.5.1.3 If a Vendor is registered in the Business Network and has selected it intends to Participate in this solicitation:

a) Login using the login credentials to gain access to the Business Network home page.

b) To navigate to different tools, select the “Business Network” drop down menu at the top left-hand corner of the screen. To access sourcing (solicitation) events select “Ariba Proposals & Questionnaires” and review the “Events” list.

c) Review the “Events” list for the title of this solicitation’s sourcing event.

The sourcing event will either be displayed in the “Open” or “Preview” status.

A sourcing event can appear in various statuses based on where the solicitation is in the procurement process. The possible statuses are defined below:

• Completed – The sourcing event is no longer receiving submissions for the solicitation and an agency decision has been posted on VIP.

• Open – The sourcing event is currently open for viewing and registered Vendors may respond to the solicitation.

• Pending Selection – The sourcing event is no longer receiving submissions for the solicitation, but an agency decision has not yet been posted on VIP.

• Preview – The sourcing event has not yet been opened to receive responses, but the details of the solicitation can be viewed by registered Vendors.

d) Click the sourcing event title to review the details of the event.

e) In the Event Details page, there is a “Checklist” of steps which must completed before a Vendor can respond to this solicitation, including accepting the Ariba Network’s Respondent’s Agreement.

For more information on reviewing and submitting a response, access MFMP training materials using the link in Section 3.5.2 MFMP Training below.

ALL VENDORS MUST SELECT ‘INTENDS TO PARTICIPATE’ IN VIP AND SUBMIT THEIR

RESPONSE AND ALL REQUIRED DOCUMENTS IN THE BUSINESS NETWORK BY THE

TIME AND DATE LISTED IN THE TIMELINE OF EVENTS IN ORDER TO PARTICIPATE IN

THIS SOLICITATION.

ITN No.: DMS-26/27-025 Page 16 of 27

NOTE: Changes made in VIP, including new registrations, may take up to 48 hours to take effect. Do not wait until the last minute.

3.5.2 MFMP Training

MFMP University offers Vendor training materials on the Department’s MFMP Vendor Training website. Please visit:

http://www.dms.myflorida.com/business_operations/state_purchasing/myfloridamarketplac e/mfmp_university/mfmp_u_for_vendors to access the MFMP Vendor Guide for information on VIP registration, commodity codes, and responding to solicitations in the Business Network.

3.5.3 MFMP Assistance

If you need assistance with using MFMP, please contact the MFMP Customer Service Desk at

(866) 352-3776 or VendorHelp@myfloridamarketplace.com. The MFMP Customer Service Desk cannot answer questions about the RFP content. All solicitation questions must be submitted in accordance with Section 2.2 Questions and Answers.

3.6 Mandatory Responsiveness Requirements

The Department will not review Replies from Respondents who do not meet the mandatory responsiveness requirements listed on Form 5 - Mandatory Responsiveness Requirements Form, including the submission of additional documents therein and the signed form. The Department reserves the right to waive any minor irregularity if the Department determines that it is in the best interest of the State to do so.

Additionally, Replies found to be non-responsive will not be considered for award. The Department reserves the right to reject any and all Replies and to re-solicit if in the best interest of the Department.

3.7 Contents of Reply

Replies shall be submitted in accordance with instructions provided in Attachment E, Reply Format and in accordance with Section 3.5, How to Submit a Reply, of this ITN.

3.8 Rejection of Replies

The Department may reject any Reply not submitted in the manner specified by this solicitation.

Replies that do not meet all requirements, specifications, terms, and conditions of the solicitation or fail to provide all required information, documents, or materials may be rejected as non-responsive. Respondents whose Replies, references, or current status do not reflect the capability to fully perform the requirements of the Contract and the integrity and reliability to assure a good faith performance may be rejected as non-responsible. The Department reserves the right to determine which Replies meet the requirements of this solicitation and which Respondents are responsive and responsible. The Department is placing Vendors on notice of the prohibitions against considering social, political, or ideological interests in government contracting contained in section 287.05701, F.S.

In this solicitation, the words “should” or “may” indicate desirable attributes or conditions but are permissive in nature. Where language indicates that the attribute or condition is mandatory by use of the words “shall,” “will,” or “must,” the Department still reserves the right to waive any minor irregularity if the Department determines that it is in the best interest of the State to do so.

http://www.dms.myflorida.com/business_operations/state_purchasing/myfloridamarketplace/mfmp_university/mfmp_u_for_vendors http://www.dms.myflorida.com/business_operations/state_purchasing/myfloridamarketplace/mfmp_university/mfmp_u_for_vendors mailto:VendorHelp@myfloridamarketplace.com

ITN No.: DMS-26/27-025 Page 17 of 27

A deviation from a requirement or condition is material if, in the Department’s discretion, it provides a substantial advantage to one Respondent over another and thereby restricts or stif les competition.

3.9 Public Records, Respondent’s Confidential Information, and Redacted Replies

Article 1, section 24, Florida Constitution, guarantees every person access to all public records, and section 119.011, F.S., provides a broad definition of “public record.” As such, the entirety of the Replies are public records and are subject to disclosure unless exempt from disclosure by law. If the Respondent considers any portion of its Reply to be Confidential Information, the Respondent is to mark the document as “confidential” and simultaneously provide the Department with a separate, redacted copy of its Reply. For each portion redacted, the Respondent is to briefly describe in writing the grounds for claiming exemption, including the specific statutory citation for such exemption. On the cover of the redacted copy, the Respondent is to provide its name and the ITN name and number and clearly title it, “Redacted Copy.” Only portions of material that the Respondent claims are Confidential Information are to be redacted.

If the Respondent is invited to negotiations, it will also be incumbent upon the Respondent to identify, in real-time, portions of the Respondent’s negotiation sessions which include references to materials and/or information Respondent claims are Confidential Information.

In accordance with section 119.0701(1)(b), F.S., Replies are exempt from production in response to public records requests until such time as the Department provides notice of an intended decision or until 30 days after opening the final Replies, whichever is earlier. After that time, the Department will provide the redacted copy, if any, in response to a public records request. If the Respondent fails to mark a record it claims contains Confidential Information as “confidential,” or fails to submit a redacted copy in accordance with this section of a record it claims contains Confidential Information, the Department shall have no liability for release of such record. The foregoing will apply to every instance in which the Respondent fails to both mark a record “confidential” and redact it in accordance with this section, regardless of whether the Respondent may have properly marked and redacted the same or similar Confidential Information in another instance or record submitted to the Department.

In the event of a request for public records pursuant to Chapter 119, F.S., the Florida Constitution, or other authority, to which documents that are marked as “confidential” are responsive, the Department will provide the redacted copy to the requestor. If the Respondent has marked a record as “confidential” but failed to provide a redacted copy to the Department, the Department may notify the Respondent of the request and the Respondent may have up to ten (10) Business Days from the date of the notice to provide a Respondent-redacted copy, or else the Department may release the unredacted record to the requestor without liability. If a requestor asserts a right to the redacted Confidential Information, the Department will notify the Respondent such an assertion has been made. The notice will provide that if the Respondent seeks to protect the Respondent-redacted Confidential Information from release it must, within thirty (30) days after the date of the notice and at its own expense, file a cause of action seeking a declaratory judgment that the information in question is exempt from section 119.07(1), F.S., or other applicable law and an order prohibiting the Department from publicly disclosing the information. The Respondent shall provide written notice to the Department of any cause of action filed. If the Respondent fails to file a cause of action within thirty (30) days the Department may release the unredacted copy of the record to the requestor without liability.

ITN No.: DMS-26/27-025 Page 18 of 27

If the Department becomes subject to a demand for discovery or disclosure of documents that are marked as “confidential” in a legal proceeding, (whether by oral questions, interrogatories, requests for information or documents, subpoena, or similar process), unless otherwise prohibited by law, the Department will give the Respondent notice of the demand or request prior to disclosing any Confidential Information to allow the Respondent to seek a protective order or other appropriate relief at the Respondent’s sole discretion and expense. It will be the Respondent’s responsibility to take the appropriate legal action in response to the demand and to defend its claims of confidentiality. If the Respondent fails to take appropriate and timely action to protect the materials it has designated as Confidential Information, the Department will provide the unredacted materials to the requester.

By submitting a Reply, the Respondent agrees to protect, defend, and indemnify the Department for all claims, costs, f ines, settlement fees, and attorneys’ fees, at both the trial and appellate levels, arising from or relating to the Respondent’s determination its records contain Confidential Information. In the event of a third-party claim brought against the Department for failure to release the Respondent’s redacted Confidential Information, the Respondent shall assume, at its sole expense, the defense or settlement of such claim, including attorney’s fees and costs at both the trial and appellate levels. If the Respondent fails to continuously undertake the defense or settlement of such claim or if the Respondent and the Department mutually agree that the Department is best suited to undertake the defense or settlement, the Department will have the right, but not the obligation, to undertake the defense or settlement of such claim, at its discretion. The Respondent shall be bound by any defense or settlement the Department may make as to such claim, and the Respondent agrees to reimburse the Department for the expense, including reasonable attorney’s fees and costs at both the trial and appellate levels associated with any defense or settlement that the Department may undertake to defend Respondent’s Confidential Information. The Department will also be entitled to join the Respondent in any third-party claim for the purpose of enforcing any right of indemnity under this section.

If at any point the Department is reasonably advised by its counsel that disclosure of the Confidential Information is required by law, including but not limited to Florida’s public records laws, the Department may disclose such Confidential Information without liability hereunder.

3.10 Additional Information

The Respondent certifies that if awarded a contract, and prior to execution of a contract, it shall provide a PDF file of its current and active registration with the Florida…