RFP-016-24.25 - Records Management System.pdf

REQUEST FOR PROPOSALS

RFP-016-24/25

Records Management System

Issue Date: February 11, 2025

Florida Lottery Procurement Management

250 Marriott Drive Tallahassee, Florida 32301

RFP-016-24/25 Page 1 of 43

TABLE OF CONTENTS

PART 1: DEFINITIONS

PART 2: OVERVIEW, PROCESS, SCHEDULE, AND CONSTRAINTS

2.1 Florida Lottery Introduction

2.2 Solicitation Objective

2.3 Term of Agreement & Renewal Options

2.4 Solicitation Construction

2.5 Order of Precedence

2.6 Issuing Officer

2.7 Schedule of Events

2.8 Public Meetings and Special Accommodations

2.9 Addenda or Notices

2.10 Vendor Questions

2.11 Restriction on Communications

2.12 Protests

2.13 Public Record Requests

2.14 Vendor Felonies And Conviction

2.15 Vendor Lists

2.16 Vendor Conduct Requirements

2.17 Costs Associated with Proposal

2.18 Proposal Receipt, Opening, and Format

2.19 Disclosure and Ownership of Proposal Contents by the Lottery

2.20 Withdrawal from Consideration

2.21 Clarification Process

2.22 Acceptance/Rejection of Proposals

2.23 Proposal Qualification and Cure Process

2.24 Information from Other Sources

2.25 Non-Responsive Proposals

2.26 Disqualification for Non-Responsibility

2.27 Evaluation Team

2.28 Mandatory Criteria

2.29 Evaluation Criteria

2.30 Basis of Award

2.31 Notice of Agency Decision

2.32 Contract Execution

PART 3: STATEMENT OF WORK

3.1 Description

3.2 Scope of Services

3.3 Deliverables

3.4 Weekly Status Update

3.5 Contract Formation

3.6 Confidential Information

PART 4: INSTRUCTIONS FOR PREPARING AND SUBMITTING PROPOSALS

4.1 Joint Proposals

4.2 Proposal Format

4.3 Proposal Tenure

4.4 Confidential Proposal Materials

4.5 Redacted Version

4.6 Copies of Proposals

4.7 Technical Proposal Content

4.8 Proposal Labeling

PART 5: PROPOSAL QUALIFICATIONS

5.1 Proposal Certification Form

5.2 Terminations, Non-Renewals, and Suspensions

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5.3 Vendor Financial Review

5.4 Substantial Subcontractor Financial Review

5.5 Background Investigations and Disclosure Forms

5.6 Department of State

5.7 RESPECT of Florida

PART 6: POST AWARD REQUIREMENTS

6.1 Vendor Responsibility

6.5 MyFloridaMarketPlace

6.6 Insurance

6.7 Performance Bond

Attachments:

Attachment A: LOT 1000, General Contract Conditions

Attachment B: Proposal Certification

Attachment C: Cost Submission and Certification

Attachment D: Client References

Attachment E: Conflict of Interest Disclosure Form

Attachment F: Disclosure Affidavit

Attachment G: Vendor Personal Profile Form

Attachment H: Personal Inquiry Waiver

Attachment I: RESPECT of Florida Agreement

Attachment J: LOT 1335, Foreign Country of Concern Attestation

Attachment K: LOT 1500, Supplemental Required Certifications

Attachment L: LOT 2024, Coercion and Forced Labor Attestation

Attachment M: Confidential and Non-Disclosure Agreement

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PART 1: DEFINITIONS

The following definitions apply to this RFP, in addition to the definitions in the LOT 1000. In the event of a conflict, the definitions listed in this section supersede the incorporated definitions for the purposes of this RFP document.

All definitions apply in both their singular and plural sense.

Addendum:

A document which may be issued by the Lottery prior to responses to this RFP being due which may include changes to specifications, terms and/or conditions, clarifications, and/or responses to Vendors' questions.

Apparent Successful Vendor:

The Vendor intended to be awarded the Contract pending successful background investigations and post-award requirements.

Authorized Representative:

The owner, corporate officer, or director of the Vendor, Substantial Subcontractor, or party authorized to legally bind it in a contractual obligation.

Business Day: Monday through Friday, inclusive, except for those holidays specified in section 110.117, F.S., from 8:00 AM to 5:00 PM, Eastern Time (ET).

Confidential Information:

Information or material which (i) meets the definition of “Trade Secret” in section 812.081(1)(f), Florida Statutes (F.S.); or (ii) is otherwise exempt from the disclosure of public records required by Article I, Section 24, Florida Constitution (exemptions may be found in Chapter 119, F.S., other Florida laws, and preempting Federal laws or regulations).

Contract:

The legally enforceable agreement between the Lottery and the Successful Vendor, which will incorporate this RFP, the terms of all related RFP documents (including but not limited to any addenda to the RFP), and the Successful Vendor’s Proposal, except as specifically provided to the contrary in the Contract. This term encompasses both written agreements and purchase orders, as each is defined in Rule 60A- 1.001, Florida Administrative Code (F.A.C.).

Contractor:

The Vendor with whom the Lottery executes a Contract to provide the required commodities and/or services pursuant to this RFP. The terms “Vendor” and “Contractor” may be used interchangeably throughout this RFP.

Contract Manager:

An individual who is responsible for enforcing the compliance with the terms and conditions of a contract. The contract manager is responsible for day-to-day contract oversight, including approval of contract deliverables and invoices.

Criminal Justice Information System

(CJIS):

A centralized database managed by law enforcement agencies, which stores and provides access to a wide array of criminal justice information, including fingerprint records, criminal histories, and other enforcement operations and investigations.

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CJISSECPOL

Criminal Justice Information System Security Policy. The FBI’s policy that outlines the minimum security requirements that law enforcement agencies must comply with to access the FBI’s CJIS systems and data.

The Policy is created, maintained, and updated by the FBI.

Day:

A continuous 24-hour period that begins at midnight and ends at the following midnight. This span includes all hours, from 12:00 AM (ET) to

11:59 PM (ET).

Demonstration Session:

Phase III evaluations as detailed in section 2.29.6, Demonstration Evaluation. The terms “Demonstration Sessions” and “Demonstrations” may be used interchangeably throughout this RFP.

Department: The Department of the Lottery.

Disaster Recovery (DR):

A separate system that is geographically separated from the production environment that is capable of providing MCT and RMS functionality when the production environment becomes unusable due to hardware failure or loss of connectivity to the production system.

Federal Bureau of Investigation (FBI): The domestic intelligence and security service of the United States and its principal federal law enforcement agency.

Fiscal Year (FY): The Lottery’s fiscal year begins July 1 and ends June 30.

Florida Accountability Contract Tracking System (FACTS):

State of Florida, Department of Financial Services’ centralized, online statewide contract reporting system.

Florida Incident Based Reporting System (FIBRS):

A comprehensive data collection system used by law enforcement agencies in Florida to record detailed information about criminal incidents, including the nature and characteristics of crimes, offenders, and victims.

Florida Information Technology Project Management and Oversight Standards:

Rule Chapter 60GG-1, F.A.C., Information Technology Security, governed by the Department of Management Services, establishes project management standards when implementing information technology (IT) projects. State Agencies must comply with these standards when implementing all IT projects. State Agencies must adhere to the Project Management and Oversight Standards for all IT projects created by the Vendor, Lottery, or in collaboration.

GS1-SL and GS2: General records schedules used in Florida to set retention requirements for various types of records.

Key Personnel: Any personnel performing fifty (50) percent or more of their work on the Lottery account.

Lottery: The State of Florida, Department of the Lottery.

Lottery Contract Manager (Contract Manager):

The Lottery employee who serves as the liaison between the Lottery and the Contractor and is responsible for enforcing the Contractor’s compliance with the terms and conditions of the contract between the Lottery and the Contractor.

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Mobile Data Computer (MDC):

Mobile devices assigned to personnel in the field that interface with the RMS and MCT systems and with which members retrieve and input data. MDC refers to the physical hardware (currently Windows PC-based laptops) and may include devices that use iOS, Android and/or Windows operating systems. Throughout this document, “MDC” may also refer to the client or suite of clients that allow the mobile user to interact with the RMS and MCT systems. The context in which either term occurs will inform the reference.

Mobile Computer Terminal (MCT): The client, application or method by which mobile users interact with the system and to query interfaces, to include FCIC/NCIC.

MyFloridaMarketPlace (MFMP): The State of Florida’s eProcurement system and its source for centralized procurement activities.

Originating Agency Identifier (ORI):

A nine-character identifier containing both alpha and numeric characters assigned by Federal Bureau of Investigation which validates legal authorization to access CJIS and identifies the agency in all transactions.

Principal Place of Business: The State in which the Respondent’s high-level officers direct, control, and coordinate the Respondent’s activities.

Proposal:

The written response of a Vendor to this Solicitation, including properly completed forms, supporting documents, and attachments.

Records Management System (RMS):

A system that provides a method of completing, submitting, reviewing and approving reports. The system provides reporting or statistical analysis, trending and activities to assist with staffing models or other agency needs.

Request for Proposals (RFP): Reference to RFP-016-24/25, Records Management System, including all attachments and addenda, if any.

Respondent:

Any organization or person who submits a Proposal to the Lottery in response to this Solicitation.

The terms “Respondent” and “Vendor” may be used interchangeably.

Retailer: A person who sells lottery tickets on behalf of the department pursuant to a contract.

State: The State of Florida.

State of Florida Cybersecurity Standards (SFCS):

Rule Chapter 60GG-2, F.A.C., Information Technology Security, governed by the Department of Management Services’ Florida Digital Service, establishes cybersecurity standards for information technology (IT) resources. State Agencies are required to follow these standards in the management and operations of state IT resources. State Agencies must adhere to the Florida Cybersecurity Standards for all IT projects created by the Vendor, Lottery, or in collaboration.

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Subcontractor:

Any person or entity other than an employee of the Contractor who will provide products or perform any of the services required by the Contract resulting from this Solicitation.

Substantial Subcontractor:

Any subcontractor to which the Contractor subcontracts a substantial portion of the work to be performed under the resulting Contract, as provided in section 24.111(2)(a), F.S. This includes related work that is critical to the security, integrity, or operational performance of the Lottery.

Successful Vendor:

The Vendor with whom the Lottery executes a Contract to provide the required commodities and/or services as a result of this Solicitation.

Successful Vendor and Successful Contractor may be used interchangeably.

Uniform Crime Report (UCR):

A nationwide program managed by the Federal Bureau of Investigation (FBI) that collects and reports data on crimes reported to law enforcement agencies across the United States, providing a reliable set of criminal statistics for use in law enforcement administrations, operation, and management.

User Acceptance Testing (UAT) Compliance Review:

A review of all proposed features and functions conducted by the Lottery to verify whether the features and functions proposed by the Contractor have been delivered and operate as set forth in this RFP and the Contractor’s proposal within a testing environment.

Vendor(s):

An entity or person that is in the business of providing a commodity and/or service similar to those listed within this Solicitation, and who submits a Proposal in response to this Solicitation. Vendor and Contractor may be used interchangeably.

Vendor Information Portal (VIP): The State’s bidding system developed in accordance with section 287.042(3)(b)2., F.S.

Virtual Private Network (VPN):

A secure network technology that creates an encrypted connection over a less secure network, such as the internet, allowing users to send and receive data as if their devices were directly connected to a private network.

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PART 2: OVERVIEW, PROCESS, SCHEDULE, AND CONSTRAINTS

2.1 FLORIDA LOTTERY INTRODUCTION

The Florida Department of the Lottery (the “Lottery” or “Department”) is a unique state agency established by Chapter 24 of the Florida Statutes, the “Florida Public Education Act,” to function “as much as possible” as an entrepreneurial enterprise to generate funds for the enhancement of public education.

Pursuant to statute, the Lottery was created to allow “the people of the state to benefit from significant additional moneys for education while playing the best lottery games available.” The Lottery’s mission is to maximize revenues in a manner consistent with “the dignity of the state and welfare of its citizens.”

The Florida Lottery Overview provides information about the Lottery’s contributions to education, game information, retailer base, and sales goals. Additional information about the Lottery may be obtained by visiting its website at: www.flalottery.com.

2.2 SOLICITATION OBJECTIVE

The Lottery is issuing this Request for Proposals (RFP) to obtain Proposals from qualified Vendors for a Records Management System to track and manage criminal and claims investigations effectively and accurately. In this RFP, the Lottery has defined a series of objectives, requirements, and a Proposal evaluation approach in conformance with Lottery policies and the Florida Statutes.

This Solicitation, and all activities leading toward the anticipated signing of a Contract pursuant to this Solicitation, are conducted under Chapters 24 and 287, F.S., Rule 53ER07-55, F.A.C., and Rule Chapter 60A-1, F.A.C., as applicable.

2.3 TERM OF AGREEMENT & RENEWAL OPTIONS

2.3.1 Initial Term

The “initial term” of the Contract resulting from this Solicitation is anticipated to be (from the date of execution) three (3) years with three (3) years of renewals, unless terminated earlier by the Lottery under the terms provided herein, and subject to an annual appropriation by the State Legislature.

2.3.2 Renewal or Extension

The Lottery reserves the right, at its sole option, to renew the Contract resulting from this Solicitation for a period not to exceed three (3) years, or the original term of the resulting Contract, whichever is longer. Contract Renewal(s) will be contingent upon the availability of funds and the Contractor’s satisfactory performance as determined by the Lottery.

Contract Renewal(s) may be for the complete term (e.g., one (1) renewal for three (3) years) or may be divided into increments of equal or varying years.

The Lottery reserves the right to negotiate for additional commodities or services and lower pricing at any time during the initial term of the Contract or any renewals and/or extensions.

Any renewal or extension of the resulting Contract must be in writing.

2.4 SOLICITATION CONSTRUCTION

The headings used in this Solicitation are for convenience only and will not affect the interpretation of any of the terms and conditions hereof.

Throughout this Solicitation, where it is logical and reasonable to do so, the singular may be read as the plural and the plural as the singular.

http://www.flalottery.com/exptkt/FloridaLotteryOverview12-2016.pdf http://www.flalottery.com/

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The Lottery hereby incorporates by reference the material and attachments contained herein, and any addenda to this Solicitation.

2.5 ORDER OF PRECEDENCE

In the event of a conflict between the documents comprising this RFP, the conflict will be resolved in the following order of priority (highest to lowest):

(1) Addenda to this RFP, if issued (in reverse order of issuance)

(2) This RFP document

(3) Attachment A, LOT 1000, Lottery General Contract Conditions

(4) All other RFP Attachments

2.6 ISSUING OFFICER

The Issuing Officer or designee, acting on the Lottery's behalf, is responsible for issuing this Solicitation along with any changes, additional materials, or addenda. The Issuing Officer is the sole point of contact regarding all procurement matters relating to this Solicitation, from the date this Solicitation is Advertised/Released until the Lottery’s Notice of Agency Decision. All communication concerning this Solicitation should be addressed in writing to the Issuing Officer:

Alyssa DeLong Procurement Management Florida Lottery 250 Marriott Drive Tallahassee, Florida 32301 Email: purchasing@flalottery.com

All emails to the Issuing Officer should contain the Solicitation Number in the subject line of the email.

2.7 SCHEDULE OF EVENTS

The following event dates and times are set forth for informational and planning purposes. The Lottery reserves the right to change any of the dates or times.

EVENT DUE DATE AND TIME APPLICABLE INFORMATION AND LOCATION

Solicitation Advertised /

Released February 11, 2025 Posted to the Vendor Information Portal at:

https://vendor.myfloridamarketplace.com

Questions Submitted in Writing

Must be received

PRIOR TO:

February 18, 2025, at

3:00 PM (ET)

Submit to: Florida Lottery Procurement Management Issuing Officer: Alyssa DeLong Email: purchasing@flalottery.com

Anticipated Date for Department Answers to Questions February 25, 2025*

Anticipated posting of Questions and Answers to the Vendor Information Portal at:

https://vendor.myfloridamarketplace.com mailto:purchasing@flalottery.com https://vendor.myfloridamarketplace.com/ mailto:purchasing@flalottery.com https://vendor.myfloridamarketplace.com/

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EVENT DUE DATE AND TIME APPLICABLE INFORMATION AND LOCATION

Sealed Proposals Due

Must be received

PRIOR TO:

March 12, 2025, at

2:00 PM (ET)

Submit to: Florida Lottery Procurement Management Issuing Officer: Alyssa DeLong 250 Marriott Drive Tallahassee, FL 32301

Sealed Proposals Opened March 12, 2025, at 3:00 PM (ET)

PUBLIC OPENING

Florida Lottery 250 Marriott Drive Tallahassee, Florida 32301 Call-In-Number: 1-888-585-9008

Anticipated Evaluation of

Proposals

March 17, 2025 - March 21, 2025 Various

Anticipated Posting of Notice of Agency

Decision (Shortlist for Demonstrations)

March 25, 2025* Posted to the Vendor Information Portal at:

https://vendor.myfloridamarketplace.com

Anticipated Demonstration

Sessions March 31, 2025 - April 2, 2025 TBD

Anticipated Posting of Notice of Agency

Decision April 8, 2025* Posted to the Vendor Information Portal at:

https://vendor.myfloridamarketplace.com

*Please note: The Department reserves the right to post early or in the best interest of the State.

Note: Solicitation activities shall take place on the date and time indicated above, where applicable, with the exception of recognized State of Florida holidays (see, section 110.117, Florida Statutes). For planning purposes, prospective Vendors should consider the utilized mailing service’s observed holidays.

2.8 PUBLIC MEETINGS AND SPECIAL ACCOMMODATIONS

Public meetings will be handled in accordance with Chapter 286, Florida Statutes. Any person requiring a special accommodation at any public meeting relating to this Solicitation because of a disability should contact the Issuing Officer identified or use the Florida Relay Service at 1-800-955-8771 (TTY) at least 48 hours prior to the scheduled meeting.

2.9 ADDENDA OR NOTICES

The Lottery reserves the right to modify or amend this Solicitation by issuing an Addendum. Addenda may modify any aspect of this Solicitation. Any notices or addenda to this Solicitation will be posted on the VIP.

Potential Vendors must monitor the VIP for addenda or notices issued relating to this Solicitation.

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2.10 VENDOR QUESTIONS

2.10.1 Potential Vendors may submit written questions to the Issuing Officer by email. The deadline for submission of questions is identified in section 2.7, Schedule of Events. Vendors should clearly label question submissions with the relevant title and number of this Solicitation.

2.10.2 If a Vendor 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 Vendor is to place the words “Confidential and Trade Secret” or “Confidential” in the subject line, as applicable.

2.10.3 Potential Vendors shall not disclose cost information in Solicitation questions.

2.10.4 Questions submitted after the date and time specified in section 2.7, Schedule of Events, will not be addressed. Oral questions will not be addressed.

2.10.5 Questions, answers to questions, and any resulting revisions to the Solicitation will be posted on the VIP.

2.10.6 Questions and answers will not constitute a basis for formal protest of the specifications of this Solicitation.

2.11 RESTRICTION ON COMMUNICATIONS

2.11.1 Vendors responding 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 Lottery 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 Issuing Officer or designee. Violation of this provision may be grounds for rejecting a Proposal.

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

2.11.3 During the administrative qualification phase of this Solicitation, in order to cure minor deficiencies, contact and communication between the Issuing Officer and a Vendor which submitted a Proposal is permissible so long as it is by email only.

Contact and communication may occur as otherwise identified in this Solicitation or as permitted by law.

2.12 PROTESTS

2.12.1 Section 120.57, F.S., applies to this Solicitation, as modified by section 24.109, F.S. A formal written protest of the terms, conditions, and/or specifications contained in this Solicitation, must be filed within seventy-two (72) hours (excluding state holidays, Saturdays, and Sundays) after the Solicitation is posted.

2.12.2 A formal written protest of the Lottery’s Notice of Agency Decision must be filed within seventy-two (72) hours (excluding state holidays, Saturdays, and Sundays) after the Notice of Agency Decision is posted.

2.12.3 Pursuant to section 287.042(2)(c), F.S., any Vendor who files a formal written protest must, at the time of filing, post the required bond, payable to the Lottery, in the amount of one percent of the estimated Contract value. The Lottery will estimate the Contract value for this purpose. Failure to file a formal written protest accompanied by the required bond within the time prescribed in section 24.109, F.S., will constitute a waiver of proceedings under Chapter 120, F.S.

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2.12.4 All filings must be made in person by delivering to the security window, who will then notify appropriate Lottery personnel. Protests will be considered “filed” when signed and dated by procurement personnel. It is the responsibility of the filing party to meet all filing deadlines.

Procurement Management Florida Lottery 250 Marriott Drive Tallahassee, Florida 32301

2.13 PUBLIC RECORD REQUESTS

Public Record requests submitted in response to this Solicitation will be responded to in accordance with all applicable laws including Article I, section 24, Florida Constitution, Chapter 119, F.S., and Chapter 24, F.S.

2.14 VENDOR FELONIES AND CONVICTION

Consistent with section 24.111(4), F.S., no Vendor may be awarded a Contract resulting from a major procurement if any of the following conditions exist:

2.14.1 The Vendor or any of its officers, directors, partners, or trustees have been convicted of, or entered a plea of guilty or nolo contendere to a felony committed in the preceding ten (10) years, regardless of adjudication, unless the Lottery determines that: (i) the Vendor (or such an individual) has been pardoned or the Vendor’s (such individual’s) civil rights have been restored;

(ii) subsequent to such conviction or entry of plea, Vendor (or such an individual) has engaged in the kind of law-abiding commerce and good citizenship that would reflect well upon the integrity of the Lottery; or, (iii) if the Vendor is not an individual, the Vendor has terminated its relationship with the individual whose actions directly contributed to Vendor’s conviction or entry of a plea.

2.15 VENDOR LISTS

The following lists may be found on the Department of Management Services website located at https://www.dms.myflorida.com/business_operations/state_purchasing/state_agency_resources/vend or_registration_and_vendor_lists

2.15.1 Convicted Vendor List.

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.

2.15.2 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.

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

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2.15.3 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.

2.15.4 Suspended Vendor List

In accordance with section 287.1351, F.S., a vendor placed on the suspended vendor list may not enter into or renew a contract to provide any goods or services to an agency after its placement on the suspended vendor list.

2.15.5 Forced Labor Vendor List

In accordance with section 287.1346, F.S., 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.

2.15.6 List of Scrutinized Companies that Boycott Israel

In accordance with section 287.135(2)(a), F.S., a Contractor is ineligible to, and may not, bid on, submit a proposal for, or enter into or renew a contract with an agency or local governmental entity for goods or services of any amount if, at the time of bidding on, submitting a proposal for, or entering into or renewing such contract, the company is on the Scrutinized Companies that Boycott Israel List created pursuant to section 215.4725, F.S.; or is engaged in a boycott of Israel.

This contract may also be terminated if Contractor is found to have submitted a false certification as required by section 287.135(5), F.S.

2.15.7 Scrutinized List of Prohibited Companies

In accordance with section 287.135(2)(b), F.S., a Contractor is ineligible to, and may not, bid on, submit a proposal for, or enter into or renew a contract with an agency or local governmental entity for goods or services of one million dollars or more if, at the time of bidding on, submitting a proposal for, or entering into or renewing such contract, the company is on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in Iran Terrorism Sectors List, created pursuant to s. 215.473; or, to the extent that it is not preempted by Federal law, is engaged in business operations in Cuba or Syria. This contract may also be terminated if Contractor is found to have submitted a false certification as required by section 287.135(5), F.S.

2.15.8 Vendor represents and warrants that it will promptly notify the Lottery if it is placed on any above list(s) during the Solicitation process.

2.16 VENDOR CONDUCT REQUIREMENTS

2.16.1 By submission of a Proposal, each Vendor warrants that no person or entity has been employed or retained to solicit or secure a Contract pursuant to this Solicitation upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee. For breach or violation of this warranty, the Lottery will have the right to terminate any Contract in accordance with the termination clause, and in its sole discretion, to deduct from that Contract any cost or

RFP-016-24/25 Page 13 of 43 consideration or otherwise recover the full amount of any such commission, percentage, brokerage, or contingent fee.

2.16.2 Each Vendor warrants that no attempt will be made to induce any other person or entity to submit or not submit a Proposal for the purpose of affecting competition.

2.16.3 Disclosure of Proposal contents by a Vendor or agent of the Vendor prior to the Proposal becoming a public record may result in rejection of the Proposal at the Lottery’s discretion.

2.16.4 Vendors are prohibited from officially or unofficially making any employment offer or proposing any business arrangement whatsoever to any Lottery personnel, from advertisement/release of this Solicitation until the signing of the Contract. A Vendor making such an offer or proposition may be disqualified from further consideration, or a Contract signed pursuant to this Solicitation may be terminated.

2.17 COSTS ASSOCIATED WITH PROPOSAL

Neither the Lottery, nor the State of Florida, will be liable for any costs or liabilities incurred by a Vendor preparing or submitting a Proposal, oral presentations, interviews, site visits, creative work assignments, or other Vendor costs associated with any other part of the procurement process including, but not limited to preparation, copying, postage, travel, and delivery fees and expenses that may be required by this Solicitation.

2.18 PROPOSAL RECEIPT, OPENING, AND FORMAT

2.18.1 Sealed Proposals must be received by the Lottery by the date and time, and at the location specified in the section 2.7, Schedule of Events. The Lottery date and time stamp will be the official recorded time of receipt. Electronic Proposals or submissions will not be accepted, except as provided in section 4.6, Copies of Proposals.

2.18.2 Failure of a Vendor to submit its Proposal by the specified date and time will result in rejection of the Proposal. Proposals that are rejected for being late will be retained by the Lottery.

2.18.3 The public may attend the Proposal Opening and Cost Opening, at which time the names of the responding Vendors will be read aloud; however, pursuant to section 119.071, F.S., the public may not immediately review any submitted Proposal.

2.18.4 Respondents’ Proposals shall be prepared utilizing 8.5” x 11” paper and not exceed two hundred

(200) pages. Additionally, Respondent’s proposals shall use a minimum font size equal to or larger than Courier font size 11.

2.19 DISCLOSURE AND OWNERSHIP OF PROPOSAL CONTENTS BY THE LOTTERY

All matters set forth in a Vendor's Proposal including, without limitation, administrative, proposed commodities/services, and cost information, will be subject to disclosure after the Lottery’s posting of a Notice of Agency Decision for Solicitation award, except as addressed under section 4.4, Confidential Proposal Materials. All information in a Vendor's Proposal and any Contract resulting from this Solicitation are subject to the provisions of Florida’s Public Records Act, Chapter 119, F.S., regardless of copyright status. All materials submitted become the property of the Lottery. The Lottery reserves the right to use all information contained in a Proposal, including the Proposal of an unsuccessful Vendor, unless prohibited by law.

2.20 WITHDRAWAL FROM CONSIDERATION

The withdrawal of a Proposal from consideration may be requested in writing, via email to the Issuing Officer, prior to the public opening. Proposals withdrawn from consideration will be retained by the Lottery.

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2.21 CLARIFICATION PROCESS

The Lottery may request, in writing, clarifications from Vendors throughout the Solicitation process in order to resolve ambiguities or question information presented in the Proposals. Clarification responses must be in writing and must only address the information requested. Vendor clarification responses should be submitted to the Lottery within the time specified by the Lottery at the occasion of the request.

Failure of a Vendor to supply the clarifying information requested by the Lottery, within the timeframe specified, may result in the information contained in the clarification response being deemed ineligible for consideration.

2.22 ACCEPTANCE/REJECTION OF PROPOSALS

The Lottery reserves the right, at its sole discretion, to accept or reject any or all Proposals, or separable portions thereof at any time during the Solicitation process; re-solicit for new Proposals; withdraw the Solicitation; modify the scope of the commodities and services being sought; or award in whole or in part as deemed to be in the best interest of the State.

2.22.1 Rejection of all Proposals

The Lottery reserves the right to withdraw the Solicitation, or reject all Proposals, at any time, including after an award is made, and by doing so the Lottery will have no liability to any Vendor.

2.22.2 Non-Exclusive Rights

Nothing in this Solicitation will preclude the Lottery from performing and obtaining for itself, or from purchasing commodities and/or services as described in the Solicitation from another Contractor, should the Lottery determine that such an action would be in its best interest.

2.23 PROPOSAL QUALIFICATION AND CURE PROCESS

The Lottery desires maximum competition in procuring commodities and services. Therefore, as part of the Proposal Qualification process, the Lottery will seek to minimize Vendor disqualifications by curing deficiencies which will not affect price or provide a competitive advantage.

2.23.1 Prior to submitting Vendor Proposals to the Evaluation Team for review and scoring, the Lottery will notify each Vendor, in writing, of curable Proposal deficiencies and provide a timeframe within which Vendors are to provide the requested information. Failure of a Vendor to supply all information requested by the Lottery, within the timeframe established, including information on Substantial Subcontractors, may result in a determination of non-responsiveness and removal of the Vendor from further consideration.

2.23.2 The Lottery may require disclosure of the information required by section 4.7, Technical Proposal Content, from any Vendor or Subcontractor if the Lottery finds that such disclosure is necessary to protect the dignity and integrity of the Lottery and the best interests of the State. The Lottery reserves the right, at its sole discretion, to deem any proposed Subcontractor as a Substantial Subcontractor.

2.23.3 Pursuant to section 120.57(3)(f), F.S., in a protest to this Solicitation, no submissions made after the Proposal opening which amend or supplement a Proposal shall be considered.

2.24 INFORMATION FROM OTHER SOURCES

The Lottery reserves the right to seek and obtain credible and authoritative information from outside sources regarding the Vendor, the Vendor's offerings, capabilities, references, and the Vendor's performance, if the Lottery deems such information pertinent to this Solicitation. The Lottery may consider such information throughout the Solicitation process, including but not limited to evaluation of the Vendor’s Proposal. This may include, but is not limited to, the Lottery engaging consultants, subject

RFP-016-24/25 Page 15 of 43 matter experts, and others to ensure that the Lottery has complete and accurate information pursuant to this Solicitation.

2.25 NON-RESPONSIVE PROPOSALS

2.25.1 Each Vendor must timely submit a Proposal that conforms in all material respects to this Solicitation. The Lottery reserves the right to determine whether a Proposal meets the material requirements of this Solicitation. The Lottery also reserves the right to waive any minor irregularities. A minor irregularity is a variation from the Solicitation that does not give one Vendor a competitive advantage over other Vendors.

2.25.2 Proposals that do not conform in all material respects to this Solicitation will be rejected as non-responsive. Further, Vendors unconditionally accept each and every provision of this Solicitation including, but not limited to, Attachment A, LOT 1000, Lottery General Contract Conditions, in order to be deemed responsive.

2.25.3 Requests for changes to terms and conditions of the Solicitation may be addressed through the question-and-answer process, submitted pursuant to section 2.10, Vendor Questions.

2.25.4 Acceptance of the terms and conditions, including any modification by addendum, is a material requirement of this Solicitation and will be deemed evidenced by submission of a Proposal.

2.26 DISQUALIFICATION FOR NON-RESPONSIBILITY

A Vendor will be rejected as non-responsible if the Vendor is determined by the Lottery to lack the capability to fully perform the Contract requirements and/or lacks the integrity, security, reliability, and/or financial responsibility that will assure good faith performance throughout the term of the resulting Contract(s). Business stability and wherewithal to perform and support the Lottery are required.

2.27 EVALUATION TEAM

The Lottery’s Evaluation Team will conduct a comprehensive, fair, and impartial evaluation of Proposals received in response to this RFP. The Evaluation Team will consist of at least five (5) to seven (7) persons who the Lottery determines to collectively have experience and knowledge in the program areas and service requirements sought.

2.28 MANDATORY CRITERIA

All timely responses will be reviewed to determine responsiveness to the requirements of the RFP, in particular the response requirements in Part 4, Instructions for Preparing and Submitting Proposals. The responsiveness review will assess compliance with the Proposal submission requirements, including responsiveness to terms, conditions, and requirements. The responsibility review will assess the conflict of interest information, client references, and other documents submitted in response to this RFP to determine the Vendor’s capability to perform the Contract requirements, and its demonstration of sufficient financial responsibility, security, integrity, and reliability to assure good faith performance.

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2.29 EVALUATION CRITERIA

After the Proposal Administrative and Cure Process is completed, the Evaluation Team members will evaluate Proposals against the evaluation criteria set forth in this Solicitation.

2.29.1 Proposal Evaluation Process

The Lottery will evaluate Proposals in three (3) phases:

Phase I Cost Proposal Evaluation 200 Maximum Points

Phase II Technical Proposal Evaluation 1,720 Maximum Points

Phase III Demonstration Evaluation 300 Maximum Points

TOTAL AVAILABLE POINTS: 2,220

2.29.2 Cost Proposal Evaluation

a. Cost Submission (200 points maximum) The Lottery will consider the Total Cost (the cost for each year in the Initial Term plus the cost for each renewal year) of the Contract as submitted by the Vendor on Attachment C, Cost Submission and Certification.

b. Scoring Determination The Respondent submitting the lowest Total Cost will automatically receive the maximum points of 200 points.

The remaining Respondents will each receive a percentage of the 200 maximum points by dividing the Total Cost of the lowest cost proposal by the Total Cost of each remaining cost proposal submitted (see formulas and scoring example below). Each Respondent’s pricing will be rounded to the nearest whole number prior to application of the formula in Step 1. This process will be applied to each individual submitted Total Cost.

FORMULAS:

Step 1: Lowest submitted Total Cost / each remaining Total Cost = A Step 2: A x 100 = points to be awarded

SCORING EXAMPLE:

The Scoring Example provided below is instructional only and does not represent actual points to be awarded. In this example, rounding was utilized for ease of reference. Points are also not calculated using any weighting.

In this example there are four (4) respondents each submitting a Total Cost as indicated below:

Respondent Total Cost Respondent 1 $100,000 Respondent 2 $150,000 Respondent 3 $125,000 Respondent 4 $120,000

In this example table, Respondent 1 submitted the lowest Total Cost, therefore, Respondent 1 would receive the 200 maximum points. Dividing the Total Cost submitted

RFP-016-24/25 Page 17 of 43 by Respondent 1, by the Total Cost proposals submitted by the other vendors results in the following award of points:

Respondent 2 $100,000/$150,000 = .67 .67 x 100 = 67

67 points

Respondent 3 $100,000/$125,000 = .80 .80 x 100 = 80

80 points

Respondent 4 $100,000/$120,000 = .83 .83 x 100 = 83

83 points

2.29.3 Award Scale for Evaluation and Demonstration

A scoring system will be used in the evaluation of Vendor Proposals, which will provide numerical scores representing the Evaluation Team’s assessment of the relative merits and the quality of the Proposal for that criterion. Vendors are reminded that failure to provide a clear and complete response to each evaluation criterion, regardless of the points assigned to each criterion, may have an impact on the Vendor’s total Proposal score. Points in this process are awarded based on the Evaluation Team members’ review assessment, using the following award scale:

Award Scale for Evaluation

Percent Range Description

90-100

The Vendor’s Proposal for the criterion demonstrates or describes extensive competence; proven capabilities; an outstanding approach to the subject area; innovative, practical, and effective solutions; a clear and comprehensive understanding of the requirements; planning for the unforeseen; and demonstrated experience and skills. The Evaluation Team could not determine any significant limitations or concerns.

80-89

The Vendor’s Proposal for the criterion demonstrates or describes clear competency, consistent capability, a reasoned approach to the subject area, feasible solutions, a sound understanding of the requirements, and demonstrated experience and skills in some areas. The Evaluation Team only determined minor limitations or concerns.

70-79

The Vendor’s Proposal for the criterion demonstrates or describes a fundamental competency, adequate capability, basic approach to the subject area, apparently feasible but somewhat unclear solutions, a fair understanding of the requirements, and a lack of demonstrated experience and skills in some areas. The Evaluation Team determined notable limitations or concerns.

60-69

The Vendor’s Proposal for the criterion demonstrates or describes minimal capability, an inadequate approach to the subject area, infeasible or ineffective solutions, is somewhat unclear, demonstrates a lack of understanding of the requirements, and a lack of demonstrated experience and skills. The Evaluation Team determined serious limitations or concerns.

1-59 The Vendor’s Proposal for the criterion demonstrates or describes a significant or complete lack of understanding, an incomprehensible approach, and a significant or complete lack of skill and experience.

The Vendor’s Proposal was found to be so severely flawed as to render an essential element of the criterion unworkable, or criterion was not addressed at all.

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2.29.4 Technical Proposal Evaluation

Evaluation consists of an evaluation of products, services, plans, corporate capability, and proposed staff, based solely on requirements and criteria defined in this RFP.

Using the Award Scale above, each of the factors will be scored by the Evaluation Team members, considering all text, clarifications, and other relevant sources of information. Emphasis in each Reply should be on completeness and clarity of content, thereby enabling the Evaluation Team members to make a comprehensive, fair, and impartial evaluation of the Vendor and its Proposal.

The ability to evaluate a Vendor’s Proposal is dependent upon the completeness of the Proposal.

Failure of a Vendor to provide information requested by this RFP may result in the reduction of scoring during evaluation of that criterion. The available points for each of the evaluation criteria are:

Technical Proposal Evaluation Criteria Maximum Points

System Infrastructure and Hosting 60 Maximum Points

User Management and Access Control 20 Maximum Points

Case and Incident Management 360 Maximum Points

Property and Evidence Management 80 Maximum Points

Data Management 140 Maximum Points

Integration and Compatibility 180 Maximum Points

Reporting and Analytics 120 Maximum Points

Security and Compliance 140 Maximum Points

Training, Maintenance, and Support 120 Maximum Points

Contractor Personnel 100 Maximum Points

Project Plan 400 Maximum Points

Total Maximum Points: 1,720

2.29.5 Notice of Agency Decision (Shortlist for Demonstrations)

At the conclusion of the Cost Proposal Evaluations and Technical Proposal Evaluations, Respondent's scores for each will be added together. The responsive and responsible vendors who have the highest three (3) scores will be invited to participate in the Demonstration Session Evaluations. At the conclusion of the Cost Proposal and Technical Proposal Evaluations, the Lottery will post a Notice of Agency Decision (Shortlist for Demonstrations) on the VIP at:

https://vendor.myfloridamarketplace.com.

2.29.6 Demonstration Evaluation

Using the Award Scale in section 2.29.3, Award Scale, for Demonstration Evaluation, each of the below criterion will be scored by the Evaluation Team members, considering all text, clarifications, and other relevant sources of information. Emphasis in each Demonstration should be on completeness and clarity of content, thereby enabling the Evaluation Team members to make a comprehensive, fair, and impartial evaluation of the Vendor and its Demonstration. The ability to evaluate a Vendor’s Demonstration is dependent upon the completeness of the Demonstration.

Failure of a Vendor to provide information requested by this Solicitation during the

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Demonstration may result in the reduction of scoring during evaluation of that criterion. The available points for each of the Demonstration criteria are:

Demonstration Evaluation Criteria Maximum Points

System Infrastructure and Hosting 25 Maximum Points

User Management and Access Control 25 Maximum Points

Case and Incident Management 50 Maximum Points

Property and Evidence Management 25 Maximum Points

Data Management 50 Maximum Points

Integration and Compatibility 50 Maximum Points

Reporting and Analytics 25 Maximum Points

Security and Compliance 25 Maximum Points

Training, Maintenance, and Support 25 Maximum Points

Total Maximum Points: 300

Demonstration Sessions may be conducted with the top three (3) highest scoring responsive and responsible Respondents, which will be determined by adding each Respondents’ phase I and phase II points. The Department reserves the right to conduct Demonstrations with more or less than the top three (3) Respondents if it is determined by the Department to be in the best interest of the state to do so. Demonstrations will be scheduled as deemed necessary by the Department and held at a location determined by the Department. The Department reserves the right to conduct Demonstrations in any order and to schedule all Demonstrations for one day or on separate days.

Demonstration Sessions are not open to the public and each Demonstration Session shall be face-to-face or via video conferencing (if needed, as available).