RFP Telecommunications Infrastructure Project Services 3.pdf

Failure to file a protest within the time prescribed in section 120.57(3), Florida Statutes, 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, Florida Statutes.

Any protest concerning this 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 filing deadlines.

The Procurement Officer should be copied on such filings.

The State of Florida

Department of Management Services

Request for Proposals (RFP)

Telecommunications Infrastructure Project Services 3

RFP No: DMS-24/25-264

Stephen Sephus, Procurement Officer

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

850-487-0274 Stephen.Sephus@dms.fl.gov

Division of State Purchasing 4050 Esplanade Way, Suite 360

Tallahassee, FL 32399-0950

Ron DeSantis, Governor Pedro Allende, Secretary

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TABLE OF CONTENTS

1 INTRODUCTION

1.1 Timeline of Events

1.2 Definitions

1.3 Objective

1.4 Statement of Work

1.5 Term

1.6 Procurement Officer

1.7 Order of Precedence for Solicitation

1.8 Office of Supplier Development

1.9 Department’s Rights to Reject Proposals

2 THE RFP PROCESS

2.1 Question Submission

2.2 Addenda to the RFP

2.3 Public Opening

2.4 Special Accommodations

2.5 Technical Evaluation

2.6 Mandatory Responsive Requirements

2.7 Basis of Award

2.8 Scoring Methodology

2.9 Equal Proposals

2.10 Electronic Posting of Notice of Intent to Award

2.11 Contract Formation

2.12 Other Requirements Following Award

3 RESPONDING TO THE RFP

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3.1 General Instructions

3.2 Special Instructions

3.3 How to Access the Sourcing Event in MyFloridaMarketPlace

3.4 Modification or Withdrawal of Proposal

3.5 Cost of Proposal Preparation

3.6 Independent Preparation

3.7 False or Erroneous Information

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1 INTRODUCTION

1.1 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.

Timeline of Events

Event

Time (Eastern Time)

Date

Solicitation posted on VIP and in the Business Network

June 17, 2025

Deadline to submit questions in the Business Network

2:00 PM July 7, 2025

Anticipated date of posting Q&A on VIP and in the Business Network

July 22, 2025

Deadline to submit Proposal and all required documents in the Business Network

2:00 PM

August 21, Public meeting: Proposal Opening Florida Department of Management Services Conference Room 101 4050 Esplanade Way Tallahassee, FL 32399

2:30 PM

August 21, Anticipated period for evaluations

September 8, 2025 -

September 19, 2025

Anticipated date to post Notice of Intent to Award on VIP and in the Business Network

September 30, 2025

Anticipated Contract start date Upon

Execution

1.2 Definitions

Definitions contained in section 287.012, Florida Statutes (F.S.); Rule 60A-1.001, Florida Administrative Code (F.A.C.); and Attachment E, PUR 1000 General Contract Conditions are incorporated by reference. In the event of a conflict, the definitions listed in this section

RFP No. DMS-24/25-264 Page 5 of 23 supersede the incorporated definitions for the purposes of this RFP document. All definitions apply in both their singular and plural sense.

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. at the Customer’s location.

Communication Service Authorization and Billing System (CSAB) – The State of Florida’s accounting system for ordering SUNCOM Services, billing Customers for SUNCOM Services, and the associated electronic repository data that is available to Customers through the website http://SUNCOM.myflorida.com.

Confidential Information – Any portion of a Respondent’s documents, data or records disclosed relating to its Proposal that the Respondent claims is confidential and not subject to disclosure pursuant to Chapter 119, Florida Statutes, the Florida Constitution, or other legal authority, and is clearly marked “Confidential.”

Contract – A binding agreement that results from this competitive procurement, if any, between the Department and the Respondent.

Contract Manager – The representative designated by the Department who will oversee all aspects of the Contract, ensure that performance expectations are met, and serve as the primary point of contact for the Contractor.

Contractor – A Vendor that enters into a Contract with the Department pursuant to this solicitation.

Customer – An entity that is a qualified eligible user of SUNCOM service and has accepted access to the CSAB System. Eligible users include state agencies, political subdivisions of the state, municipalities, public schools and districts, private, nonprofit elementary and secondary schools (provided they do not have an endowment in excess of $50 million), state universities, community colleges, libraries, water management districts, state commissions and councils, and nonprofit corporations.

Department – The Department of Management Services (DMS), a state agency.

Division – A collection of Telecommunication Infrastructure Project Services described in this Statement of Work and Attachment C, Pricing Workbook.

Division of Telecommunications (DivTel) – The DMS Division responsible for technology, contract and project management.

E-Rate Category Two – Internal connections needed to bring broadband into, and provide it throughout, schools and libraries. These are broadband connections used for educational purposes within, between, or among instructional buildings that comprise a school campus or library branch.

E-Rate Customer – Customers who are eligible for the E-Rate Program, utilizing E-Rate funding for eligible purchases from the awarded Division One and Division Two services Contract resulting from this RFP.

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E-Rate Program – Common name for the universal service support program for schools and libraries that provides funding to schools and libraries for eligible products and services as established by the Telecommunications Act of 1996. This program is administered by the Schools and Libraries Division (SLD) of the Universal Services Administrative Company (USAC) under the jurisdiction of the Federal Communications Commission (FCC).

Manufacturer – The producer or provider of Telecommunication Infrastructure Project Services which possess the minimum quality, reliability, service, and value required by the Department and Customers’ Statement of Work. May be used interchangeably with Brand Name.

Manufacturer’s Suggested Retail Price (MSRP) – The MSRP represents the Manufacturer’s recommended retail selling price, list price, catalog price, distributor price, published price, or other usual or customary price that would be paid by the purchaser for specific equipment. It shall be formally published by the Manufacturer, publicly listed and available, and verifiable by the Department.

Manufacturer’s Suggested Retail Price (MSRP) List – The Manufacturer’s Suggested Retail Price List, a collection of MSRPs and related information broken down by specific equipment.

Mini-Bid – The process where E-Rate Customers determine the cost effectiveness of qualified bidders by conducting evaluations.

Project – Any work that exceeds $40,000 in cost, initiated by the Customer, that uses the Contract to procure services at the time of the quote or Mini-bid.

Proposal – A formal response to a Request for Proposals (RFP).

Region – Service area comprised of specific Florida counties, as defined in Attachment M, Region Map.

Respondent – A vendor who submits a Proposal to this RFP.

Subcontractor – An organization or entity that has a Subcontract with a Contractor.

State – The State of Florida

SUNCOM – The State of Florida’s system developed to provide communication services to state agencies, political subdivisions of the state, municipalities, and nonprofit corporations in accordance with sections 282.701-282.711, Florida Statutes. Services include voice, data, video, images, and radio communications.

Vendor – An entity that is capable and in the business of providing the commodities or services within the scope of the solicitation.

Vendor Information Portal (VIP) – The State of Florida’s vendor registration, supplier development, and bidding system developed in accordance with section 287.042(3), F.S. The Vendor Information Portal is accessible at https://vendor.myfloridamarketplace.com.

1.3 Objective

The Department is issuing this RFP to establish Contracts for Telecommunications Infrastructure Project Services (TIPS 3) which will replace Telecommunications Infrastructure

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Project Services (TIPS 2). The Department intends to make multiple awards by Region;

however, the Department reserves the right to award to one or multiple Respondents, statewide or by Region, or to make no award, as determined to be in the best interest of the State.

The current TIPS-2 Contract No. DMS-18/19-045 has an average annual spend of approximately $5.5 million from the prior three fiscal years. Historical spend is provided for informational purposes only and should not be construed as representing actual, guaranteed, or minimum spend under a new Contract.

1.4 Statement of Work

Respondent(s) awarded a Contract under this RFP shall provide commodities and/or contractual services as described in the Attachment A, Statement of Work.

1.5 Term

The term is as specified in the Attachment B, Draft Contract.

1.6 Procurement Officer

In accordance with section 21 of the PUR 1001, incorporated by reference below, the Procurement Officer is the sole point of contact for this RFP. Violation of section 21 of the PUR 1001 may be grounds for rejecting a Proposal. The contact information for the Procurement Officer is:

Stephen Sephus Purchasing Analyst, Division of State Purchasing Florida Department of Management Services 4050 Esplanade Way, Suite 360, Tallahassee, FL 32399-0950 Phone: 850-487-0274 Email: Stephen.Sephus@dms.fl.gov

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

SOLICITATION NUMBER IN THE SUBJECT LINE OF THE EMAIL****

1.7 Order of Precedence for Solicitation

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):

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

b) Attachment A, Statement of Work

c) Attachment C, Pricing Workbook

d) Attachment D, Technical Proposal and Evaluation Criteria

e) Attachment E, PUR 1000 General Contract Conditions

f) This RFP document

g) Other RFP attachments

1.8 Office of Supplier Development

The State of Florida supports its business community by creating opportunities for business enterprises to participate in procurements and contracts. The Department encourages supplier development through certain certifications and provides advocacy, outreach, and networking through regional business events. For additional information, please contact the Office of Supplier Development (OSD) at OSDhelp@dms.fl.gov.

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The Office of Supplier Development’s Mentor-Protégé Program connects certified businesses with private business entities for business development mentoring. The Department strongly encourages Vendors doing business with the State to consider becoming a Mentor and participating in this initiative. More information on the Mentor-Protégé Program may be obtained by contacting the Office of Supplier Development at 850-487-0915 or by email at:

OSDhelp@dms.fl.gov.

1.9 Department’s Rights to Reject Proposals

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

Proposals 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 Proposals, references, or current status do not reflect the capability, integrity, or reliability to fully and in good faith perform the requirements of the Contract may be rejected as not responsible. The Department reserves the right to determine which Proposals 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, 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.

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 or has a potentially significant effect on the quality of the Proposal or on the cost to the State.

2 THE RFP PROCESS

2.1 Question Submission

The Department invites interested and registered Vendors to submit questions regarding the solicitation. Questions must be submitted in the Business Network by the time and date reflected in the ‘Timeline of Events’ section. Respondents are strongly encouraged to ask any questions regarding this RFP, including the proposed Contract terms and conditions, prior to the deadline to submit questions. The Department is not obligated to revise the solicitation or attachments and the answers posted to the Questions and Answers by the date in the Timeline of Events section of this RFP do not themselves constitute addenda to this RFP.

2.2 Addenda to the RFP

The Department reserves the right to modify this solicitation by addenda. Addenda may modify any aspect of this solicitation. Any addenda issued will be posted on VIP and the Business Network. It is the Respondent’s responsibility to check VIP and the Business Network for any changes throughout the solicitation process and prior to submitting a Proposal.

2.3 Public Opening

Proposals will be opened, and the names of Respondents will be announced at a public meeting on the date and at the location indicated in the Timeline of Events section. Respondents are not

RFP No. DMS-24/25-264 Page 9 of 23 required to attend. In accordance with section 119.071(1)(b), F.S., the Department will not provide other information regarding the received Proposals at the public opening.

2.4 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 at least five Business Days prior to the scheduled event. If hearing or speech-impaired, please contact the ADA Coordinator by using the Florida Relay Service at 800-955-8771 (TDD).

2.5 Technical Evaluation

The evaluators will independently review and score the Technical Proposal(s) received from responsive and responsible Respondents using the evaluation criteria described in Attachment D, Technical Proposal Instructions and Evaluation Criteria.

2.6 Mandatory Responsive Requirements

The Department will not review Proposals from Respondents who do not meet the mandatory responsive requirements listed in Attachment J, RFP Mandatory Responsiveness Requirements.

Note: The Department will perform an initial responsiveness check. Proposals found to be non-responsive will not be considered for award. The Department reserves the right to act upon information discovered during and after the initial responsiveness check impacting the responsibility or responsiveness of the Proposal or Respondent.

2.6.1 Attachment L, Required Documents for Respondents

All required submission forms are provided in Attachment L, Required Documents for Respondents. Each form must be fully completed and submitted as part of the Respondent’s Proposal.

2.6.2 All Respondents must provide the following Credentialing Documents as part of their Proposal:

2.6.2.1 The Respondent must provide documentation of a valid and current State of Florida license for at least one (1) of the following professions, held by either Respondent or Respondent’s Subcontractor listed in Form 8 – Subcontracting Form: Registered Electrical Specialty Contractor, Low Voltage System Specialist, or a Registered Electrical Contractor.

2.6.2.2 The Respondent must provide documentation of a valid and current Building Industry Consulting Service International (BICSI) Registered Communications Distribution Designer (RCDD) certification held by an individual currently employed by the Respondent. The Department may, in its sole discretion, independently verify any information provided by the Respondent, including information related to the responsiveness requirements and certifications thereto.

Additionally, the Credentialing Documents must be submitted to the Contract Manager on an annual basis, prior to each Contract anniversary date.

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2.7 Basis of Award

The Contract(s) will be awarded to up to 10 responsive and responsible Respondent(s) in each Division for each Region that submits the Proposal(s) with the highest total final score(s) that is determined to be the most advantageous to the State of Florida.

The highest total final score in each Division within each Region will be determined by combining the Pricing Workbook score and the average of the evaluator Technical Proposal scores.

(1) Division One – Cabling Distribution System.

The Contract(s) shall be awarded to the responsive, responsible Respondent(s) that receives the highest total final scores for each Region. The total score for a Region is a combination of the scoring of the Pricing Workbook for Division One plus the scoring of the Technical Proposal. Multiple awards may be made in a Region to up to ten (10) Respondents if the total score of the Respondent is within 50% of the highest score for the Region.

(2) Division Two – E-Rate Category Two.

The Contract(s) shall be awarded to the responsive, responsible Vendor(s) that receives the highest total final scores for each Region. The total score for a Region is a combination of the scoring of the Pricing Workbook for Division Two plus the scoring of the Technical Proposal. Multiple awards may be made in a Region to up to ten (10) Respondents if the total score of the Respondent is within 50% of the highest score for the Region. All Division Two components in Attachment C, Pricing Workbook are E-Rate eligible and shall not include ineligible E-Rate components.

The Department reserves the right to reject all Proposals. The Department reserves the right to award Contract(s) to the next responsive and responsible Respondent(s) that submits the Proposal(s) with the next highest total final score(s) that is determined to be the most advantageous to the State if the Department cannot execute a Contract with a Respondent initially or previously awarded a Contract.

2.8 Scoring Methodology

Division One Services - The Respondent may be awarded up to 55 points per Region for its submitted Attachment C, Pricing Workbook. The Respondent may be awarded up to 45 points for its Attachment D, Technical Proposal Instructions and Evaluation Criteria.

The Respondent’s points for the Pricing Workbook in the applicable Region shall be combined with the Respondent’s Technical Proposal score for Division One Services.

Division Two Services - The Respondent may be awarded up to 55 points per Region for its submitted Attachment C, Pricing Workbook. The Respondent may be awarded up to 45 points for its Attachment D, Technical Proposal Instructions and Evaluation Criteria.

The Respondent’s points for the Pricing Workbook in the applicable Region shall be combined with the Respondent’s Technical Proposal score for Division Two Services.

The scoring methodology is further outlined below:

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Proposal Available Points

A. Technical Proposal (Attachment D) 45

B. Pricing Workbook (Attachment C) 55

Total Final Score (A + B) 100

2.9.1 Technical Proposal - 45 Available Points

The Respondent may be awarded up to 45 points for its Technical Proposal in accordance with the evaluation criteria outlined in Attachment D, Technical Proposal Instructions and Evaluation Criteria. The Respondent shall prepare a separate Technical Proposal for each Division for which the Respondent is proposing to provide services.

One Technical Proposal may be submitted for all Regions in the same Division which the Respondent is proposing to provide services.

The Department will appoint evaluators who will independently review, evaluate, and score the responsive Technical Proposals using the evaluation criteria and method set forth in Attachment D, Technical Proposal Instructions and Evaluation Criteria.

2.9.2 Cost Proposal - 55 Available Points

The Department will consider the total cost for each year of the Contract, including renewal years, as submitted by the Respondent. The Procurement Officer will review and score the Attachment C, Pricing Workbook. The Respondent will receive points based on the following methodology:

2.9.2.1 Division One Services - Attachment C, Pricing Workbook will be assessed a separate score for each Region where a price has been proposed for that Region.

The Respondent’s Division 1 Pricing Workbook Total Calculated Unit Rate shall be calculated by the Department using the following formula and used for scoring purposes only:

(A x 0.60) + (B x 0.40) = C

Where:

A = Average of the Initial Term Unit Prices for each sub-division in Division 1, as submitted in the Respondent’s Attachment C, Pricing Workbook.

B = Average of the Renewal Term Unit Prices each sub-division in Division 1, as submitted in the Respondent’s Attachment C, Pricing Workbook.

C = Total Calculated Unit Rate for the applicable Region

The Respondent with the lowest Total Calculated Unit Rate shall receive 55 points. All other Respondents shall receive points based on the following formula:

(D ÷ C) x 55 = E

Where:

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D = Lowest Total Calculated Unit Rate for the applicable Region C = Total Calculated Unit Rate per Respondent in the applicable Region E = Points awarded for Pricing Workbook in Division 1

This formula is used for each Region.

2.9.2.2. Division Two Services - Attachment C, Pricing Workbook shall be scored in three (3) separate components, which are equipment discounts, annual basic maintenance and support discounts, and labor prices. The Respondent’s Division Two Pricing Workbook will be scored by Region with the Respondents in each applicable Region. A listed discount of zero percent will be included in the calculation of the average discount for an equipment category.

Equipment Discount The Respondent’s Division 2 Pricing Workbook Total Calculated Equipment Discount shall be calculated by the Department using the following formula and used for scoring purposes only:

(A x 0.60) + (B x 0.40) = C

Where:

A = Average of the Initial Term Percentage off MSRP in the applicable Region for the required fields in Division 2, as submitted in the Respondent’s Attachment C, Pricing Workbook.

B = Average of the Renewal Term Percentage off MSRP in the applicable Region for the required fields in Division 2, as submitted in the Respondent’s Attachment C, Pricing Workbook.

C = Total Calculated Equipment Discount.

The Respondent with the highest Total Calculated Equipment Discounts for all the Respondents in the applicable Region shall receive 30 points. All other Respondents in the applicable Region shall receive points based on the following formula:

(C ÷ D) x 30 = E

C = Total Calculated Equipment Discount per Respondent in the applicable Region.

D = Highest Total Calculated Equipment Discount for the applicable Region.

E = Points awarded for Equipment Discount for the Pricing Workbook in the applicable Region in Division 2.

Annual Basic Maintenance and Support Discount The Respondent’s Division 2 Pricing Workbook Total Calculated annual basic maintenance and support discount shall be calculated by the Department using the following formula and used for scoring purposes only:

(F x 0.60) + (G x 0.40) = H

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F = Average of the Initial Term Percentage off MSRP in the applicable Region for the required fields in Division 2, as submitted in the Respondent’s Attachment C, Pricing Workbook.

G = Average of the Renewal Term Percentage off MSRP in the applicable Region for the required fields in Division 2, as submitted in the Respondent’s Attachment C, Pricing Workbook.

H = Total Calculated annual basic maintenance and support discount.

The Respondent with the highest Total Calculated annual basic maintenance and support discount for all the Respondents in the applicable Region shall receive 5 points. All other Respondents in the applicable Region shall receive points based on the following formula:

(H ÷ I) x 5 = J

Where:

H = Total Calculated annual basic maintenance and support discount per Respondent in the applicable Region.

I = Highest Total Calculated annual basic maintenance and support discount for the applicable Region.

J = Points awarded for Annual basic maintenance and support discount for the Pricing Workbook in the applicable Region in Division 2.

Labor Prices For labor prices, the proposed labor prices will be assessed by a separate score for each Region where prices have been proposed for that Region in both the regular work hourly rate and the overtime rate. The Department will not consider or evaluate a Division Two proposal for any Region that fails to contain both a labor rate for regular work hours.

The Respondent’s Division 2 Pricing Workbook Total Calculated Labor Rate in the applicable Region shall be calculated by the Department using the following formula and used for scoring purposes only:

(K x 0.60) + (L x 0.40) = M

Where:

K = Sum of the Initial Term Hourly Rates in the applicable Region for the required fields in Division 2, as submitted in the Respondent’s Attachment C, Pricing Workbook.

L = Sum of the Renewal Term Labor Rate in the applicable Region for the required fields in Division 2, as submitted in the Respondent’s Attachment C, Pricing Workbook.

M = Total Calculated Labor Rate

The Respondent with the lowest Total Calculated Labor Rate in the applicable Region shall receive 20 points. All other Respondents shall receive points based on the following formula:

(N ÷ M) x 20 = O

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N = Lowest Total Calculated Labor Rate in the applicable Region M = Total Calculated Labor Rate per Respondent in the applicable Region O = Points awarded for Labor Rate in the applicable Region for the Pricing Workbook in Division 2.

The maximum total score for Division Two Scoring Workbook is fifty-five (55) points. The formula used for Total Points for Division Two Pricing Workbooks is as follows:

Total Pricing Workbook Score E + J + O = P

E = Points awarded for Equipment Discount for the Pricing Workbook in the applicable Region for Division 2.

J = Points awarded for Annual basic maintenance and support discount for the Pricing Workbook in the applicable Region for Division 2.

O = Points awarded for Labor Rate in the applicable Region for the Pricing Workbook in Division 2.

P = Total Points awarded for the Pricing Workbook in the applicable Region in Division 2.

This formula is used for each Region.

2.9 Equal Proposals

In the event that there are no multiple awards contemplated in the RFP, and the Department receives equal Proposals eligible for award, the Department will comply with the following, as applicable: sections 287.057(12), 287.087, 287.092, 295.187(4)(a), and 295.187(4)(b), F.S. In order to clarify the Respondents’ status with regard to the applicable statutory preference requirements, the Department may request information from Respondents with equal eligible Proposals. A Respondent will not be permitted to amend or supplement its Proposal in response to such request for clarification.

2.10 Electronic Posting of Notice of Intent to Award

The Department will electronically post a Notice of Intent to Award on VIP and in the Business Network in accordance with the Timeline of Events of this RFP. The Notice of Intent to Award will remain posted for a period of 72 hours, not including Saturdays and Sundays or State holidays, as specified in section 110.117, F.S.

2.11 Contract Formation

The Department may issue a Notice of Intent to Award to award Contract(s) to successful Respondent(s). The award does not imply execution of a Contract. No contract shall be formed between a Respondent and the Department until both parties sign the Contract. The Department shall not be liable for any work performed before the Contract is effective.

The Department intends to enter into Contract(s) with Respondent(s) pursuant to the Basis for Award section of this solicitation. No additional documents submitted by a Respondent shall be incorporated in the Contract unless they are specifically identified, incorporated by reference, and approved by the Department. If any additional documents are submitted by the Respondent, the additional documents will not be considered for the basis for award.

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2.12 Other Requirements Following Award

2.12.1 Registration with the Florida Department of State

If awarded a Contract, and prior to execution of a Contract, the Respondent shall provide a PDF file of its current and active registration with the Florida Department of State or, if exempt from registration, the Respondent shall provide a statement to that effect noting the basis for the exemption. Respondents should note that foreign entities are required to obtain a Florida Certificate of Authorization pursuant to applicable Florida Statutes from the Florida Department of State, Division of Corporations, to transact business in the State of Florida. For additional information, please visit https://dos.myflorida.com/sunbiz/.

2.12.2 Florida Substitute Form W-9

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://flvendor.myfloridacfo.com/.

2.12.3 PUR 7801 Vendor Certification Form

It is the responsibility of the awarded Respondent to provide a completed Attachment P, PUR 7801 Vendor Certification Form prior to Contract execution and annually thereafter throughout the term of the Contract. A completed Attachment P, PUR 7801 Vendor Certification Form includes any required forms referenced therein.

3 RESPONDING TO THE RFP

3.1 General Instructions

The PUR 1001, General Instructions to Respondents (10/06), is incorporated by reference and is accessible at https://www.dms.myflorida.com/content/download/2934/11780/PUR_ 1001_General_Instructions_to_Respondents.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 Proposals. Proposals shall be submitted in accordance with the How to Access the Sourcing Event in MyFloridaMarketPlace section of this solicitation.

4. Terms and Conditions. All Proposals 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

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

5. Questions. Questions shall be submitted in accordance with the ‘Question Submission’ section of this solicitation.

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

a. 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.

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.

RFP No. DMS-24/25-264 Page 17 of 23

9. Respondent’s Representation and Authorization. In submitting a Proposal, the Respondent certifies 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.

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 Proposal.

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 certification 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 without exception.

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 the Draft Contract.

j. The Respondent has made a diligent inquiry of its employees and agents responsible for preparing, approving, or submitting the Proposal, 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 Proposal.

k. The Respondent shall indemnify, defend, and hold harmless the Department, Customer, and their employees against any cost, damage, or expense which

RFP No. DMS-24/25-264 Page 18 of 23 may be incurred or be caused by any error in the Respondent’s preparation of its Proposal.

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 Proposal. 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 Proposal related to the certifications of this section.

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

A Vendor 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 qualifications, financial standing, or facilities are not satisfactory, or that performance is untimely, DMS may reject the response or terminate the Contract. A Vendor may be disqualified from receiving awards if Vendor, or anyone in Vendor’s 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 Vendor is not relieved from fulfilling all Contract requirements.

14. Firm Response. The Department intends to make an award one hundred eighty

(180) Calendar Days after the date of the opening, during which period Proposals shall remain firm and shall not be withdrawn. If an award is not made one hundred eighty

(180) Calendar Days, the Proposal shall remain firm until the Department enters into a Contract or the Department receives from the Respondent written notice that the Proposal is withdrawn.

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 Proposal being deemed non-responsive.

19. Public Records. 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 Proposals are public records and are subject to disclosure unless exempt from disclosure by law. If the Respondent considers any portion of its Proposal 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 Proposal. For each portion redacted, the Respondent is to

RFP No. DMS-24/25-264 Page 19 of 23 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 Department’s solicitation name and number and clearly title it, “Redacted Copy.” Only portions of material that the Respondent claims are Confidential Information are to be redacted.

In accordance with section 119.071(1)(b), F.S., Proposals 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 Proposals, 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.

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. If the Respondent fails to take appropriate and timely action to protect the materials it has designated as Confidential Information or fails to provide a redacted copy that may be disclosed, the Department will provide the unredacted materials to the requester.

By submitting a Proposal, the Respondent agrees to protect, defend, and indemnify the Department for all claims, costs, fines, settlement fees, and attorneys’ fees, at both the

RFP No. DMS-24/25-264 Page 20 of 23 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.

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 How to Access the Sourcing Event in MyFloridaMarketPlace

3.3.1 VIP and Business Network Registration Requirements

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.

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 the MFMP Training section below.

b) Once registered in VIP and logged into your company’s VIP account,…