Instructions for Completing Competitive Solicitation Acknowledgement Forms

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3 Instructions for Completing Competitive Solicitation Acknowledgement Forms The Competitive Solicitation Acknowledgement Form must be completely filled in. This may be done on line and printed, or you may print it first and then fill it in with pen or typewriter. PLEASE NOTE: IF THIS IS NOT COMPLETED, IT MAY BE GROUNDS FOR REJECTING YOUR SOLICITATION. Notice to Responders: Responders must E Mail or Fax Verification of Receipt of Competitive Solicitation. E mail Mary Ward at fsusolicitation@admin.fsu.edu or Fax Attention: Mary Ward, (850)

4 Florida State University Invitation to Negotiate ITN # Athletics Ticketing Software General... 3 Special Conditions... 3 ITN Opportunity University Overview Definitions The Invitation to Negotiate Process Solicitation Responsiveness Proposers Responsibility Determination Functional Requirements Technical Requirements Evaluation Criteria Service Level Expectations Initial Written Response and Proposal Authority to Negotiate Sole Point of Contact Interpretations and Disputes Notice of ITN Protest, Bonding Requirement Public Records Appendix A Proposed Calendar of Events

5 General The Florida State University is inviting Proposals from qualified firms to supply a ticketing solution for the Athletics Department. Special Conditions 1. Submission of Mandatory Forms: Proposers are required to return the ITN Acknowledgment Form with their proposal. The Acknowledgment Form shall be signed by a representative who is authorized to contractually bind the Proposer. 2. Any addenda issued by the University to participating Proposers shall include an Addenda Acknowledgment Form. This form shall be signed by a company representative, dated and returned with the ITN response. Failure to return an Addenda Acknowledgment Form for any and all addendum issued for this ITN may be grounds for rejection of that Proposal. 3. Proposers shall submit their proposals on or before the date and time indicated in the area entitled Calendar of Events in the ITN, with all Cost and Service Quotes sealed in a clearly identified envelope, to the address listed on the ITN Acknowledge Form. 4. Proposers shall submit all costs and services proposed in the format specified. 5. In accordance with s (1) Florida Statutes and s.24(a), Art I of the State Constitution, public review of responses to an invitation to negotiate are exempt until such time as the agency provides notice of an intended decision or until 30 days after opening the proposals, or final replies, whichever is earlier. 6. No negotiations, decisions, or actions shall be initiated or executed by the Proposer as a result of any discussion with any University employee. Only those communications which are in writing from the University Purchasing Department shall be considered as a dully authorized expression on behalf of the University. Also, only communications from Proposers which are signed and in writing will be recognized by the University as duly authorized expressions on behalf of the Proposer. 7. A Proposer s written submission in response to the ITN shall be considered as the proposer s formal offer. The content of the ITN, the Proposer s submission in response to the ITN, and resulting purchase order, shall be considered the entire agreement between the successful Proposer and the University. 8. The following Paragraph supersedes Paragraph (14) entitled Interpretations/Disputes of the General Conditions of the Invitation to Negotiate. Firms shall examine the ITN to determine if the University s requirements are clearly stated. If there are any requirements which are not clearly stated or if there are any requirements which are too vague or restrict competition, the Firm may request, in writing, that the specifications be changed. A firm who requests changes in the specifications must identify the University s specifications; must provide detailed justification for the change, and must provide a recommended change to the specification. Requests for changes must be 3

6 received in the Purchasing Department by the close of the business day, not later than the Question entry noted in the Calendar of Events area of this ITN. A Firm s failure to request changes by the permissible date shall be considered acceptance of the University s specifications. The University reserves the right to determine which changes to the ITN shall be acceptable to the University. If required, the University shall issue an addendum reflecting the changes to the ITN. This addendum shall be sent to all Firms in order that each is given the opportunity of submitting responses to the same specification. Said specifications shall be considered the University s minimum mandate requirements. Any protest based on the specifications must be delivered to the University Purchasing Department no later than the close of the business day for item titled Initial Proposals Due, listed in the Calendar of Events area of this ITN. Firms may not consider any verbal instructions as an official expression on the University s behalf. Only written communications, signed by a duly authorized representative of the Purchasing office shall be considered valid. 9. Proposers may not consider any verbal instructions as an official expression on the University s behalf. Only written communications, signed by a duly authorized representative of the Purchasing office shall be considered valid. 10. The absolute deadline for receiving sealed proposals is listed in the Calendar of the Events area of this ITN. The completed proposal must be delivered to the Purchasing Department, Florida State University, A1400 University Center, Tallahassee, Florida Delivery to any other point on or off campus is not acceptable and shall be grounds for rejection of the proposal. 11. A proposal Tabulation which serves as the Notice of Award will be posted for review by interested parties at the University Purchasing Department on or before 8:00 a.m. on the day noted in the Calendar of Events area of this ITN. Failure to file a protest within the time prescribed under Rule 6C (3) FAC, and waiver of proceedings under Section (3), (b), F.S. Competitive Solicitation Protest Bond. Any contractor that files an action pursuant to BOG Regulation protesting a decision or intended decision pertaining to a solicitation, shall at the time of filing of the formal protest, post with the University, a bond payable to the University in an amount equal to: 10% of the estimated value of the protestor s competitive solicitation response; 10% of the estimated expenditure during the contract term; $10,000; or whichever is less. The bond shall be conditioned upon the payment of all costs which may be adjudged against the contractor filing the protest action. In lieu of a bond, the University will accept a cashier's check or money order in the amount of the bond. Failure of the protesting contractor to file the required bond, cashier's check or money order at the time of filing the formal protest shall result in the denial of the protest. 12. In addition to the requirements of Paragraph (9) titled Awards on the attached Invitation to Negotiate Acknowledgment the University shall not be liable to pay for information obtained from or through any proposer prior to issuing the purchase order to the successful Proposer. Any proposal which fails to meet the mandatory requirements stated in the ITN 4

7 shall be rejected. Any proposal that does not comply with the functional, cost or contractual requirement in the ITN shall be rejected. The University reserves the right to waive minor irregularities in proposals, providing such action is in are defined as those that have no adverse effect on the University s interest, will not affect the amount of the proposal and will not give a proposer an advantage or benefit not enjoyed by another proposer. 13. Each proposal shall be prepared simply and economically, providing a straight forward, concise delineation of the Proposer s capabilities to satisfy the requirements of the ITN. Fancy binding, colored display and promotional material are not desired. However, technical literature, drawings, and pictures of proposed equipment should be included in the proposal. Emphasis in each proposal must be on completeness and clarity of contents. In order to expedite the evaluation of proposals, it is essential that proposers follow the format and instructions contained herein. This section (#14) pertains only to those proposing to do work on the premises of Florida State University. 14. The proposer shall not commence any work in connection with this agreement until all of the following types of insurance have been obtained and such insurance has been approved by the University. Nor shall the Proposer allow any subcontractor to commence work on his subcontract until all similar insurance required of the subcontractor has been so obtained and approved. All insurance policies shall be with insurers qualified and doing business in Florida. The purchaser shall be furnished proof of coverage of insurance by certificates of insurance within 10 days after receipt of the Purchase Order and shall name the purchaser as an additional named insured. The purchaser shall be exempt from, and in no way liable for, any sums of money which may represent a deductible in any insurance policy. The payment of such deductible shall be the sole responsibility of the Proposer and/or subcontractor such insurance. A. Workmen s Compensation Insurance The Proposer shall secure and maintain during the life of this agreement, Workmen's Compensation Insurance for all of his/her employees connected with the work of this project and, in case any work is sublet, the Proposer shall require the subcontractor similarly to provide Workmen's Compensation Insurance for all of the latter's employees unless such employees are covered by the protection afforded by the proposer. Such insurance shall comply fully with the Florida Workmen s Compensation Law. In case, any class of employee engaged in hazardous work under this contract at the site of the project is not protected under Workmen's Compensation Statute, the Proposer shall provide and cause each subcontractor to provide, adequate insurance satisfactory to the purchaser, for protection of its employees not otherwise protected. B. Contractor's Public Liability and Property Damage Insurance 5

8 The Proposer shall secure and maintain during the life of this agreement, COMPREHENSIVE GENERAL LIABILITY AND COMPREHENSIVE AUTOMOBILE LIABILITY INSURANCE as shall protect him/her from claims for damages, personal injury, including accidental death, as well as claims for property damages which may arise from operations under this agreement whether such operations be by himself/herself or by anyone directly or indirectly employed by him/her and the amounts of such insurance shall be the minimum limit as follows: (1) Bodily Insurance Liability: $1,000,000 each occurrence (2) Auto Property Damage Liability: $500,000 each occurrence (3) Property Damage Liability: $1,000,000 each occurrence (4) Other Than Automobile: $1,000,000 aggregate operations $1,000,000 aggregate protective $1,000,000 aggregate contractual Insuring clause for both BODILY INJURY AND PROPERTY DAMAGE shall be amended to provide coverage on any OCCURRENCE basis. (5) XCU (Explosion, collapse, underground damage) the contractor s liability Policy shall provide XCU coverage for those classifications in which they are excluded. (6) Contractual Liability work contracts The contractor s liability policy shall cover such contracts when they are affected. C. Subcontractor s Public Liability and Property Damage Insurance The Contractor shall require each of his subcontractors to secure and maintain during the life of this contract; insurance of the type specified above and insures the activities of his subcontractors in his policy, as specified above. 15. All payments made by the University are subject to University Policy and Rules as approved by the University s Board of Trustees. It is the policy of the University that documentation authorizing payment of an invoice shall be approved for payment not later than 40 days after receipt of the invoice and receipt, inspection, and approval of the goods or services, except that in the case of a bona fide dispute the voucher shall contain a statement of the dispute and authorized payment only in the amount not disputed. All payments shall be disbursed within 40 days after approval for payment. Payments not made on a timely basis are subject to an interest penalty payment at a rate established annually by the Chief Financial Officer of the State of Florida as prescribed in Section 55.03(1), Florida Statutes. It will be on the unpaid balance from the expiration of such 40 day period until such time as the payment is issued to the vendor. Such interest shall be added to the invoice at the time of submission to the Controller for payment whenever possible. Approval and inspection of goods or services shall take no longer than 5 days unless the competitive solicitation, purchase order, or contract specifies otherwise. The 40 day payment requirement may be waived in whole or in part by the University Controller on a showing of exceptional circumstances in accordance with rules of the University. For the purposes of determining the receipt of invoice date, the department is deemed to receive 6

9 an invoice on the date on which a proper invoice is first received at the location designated by the University. A firm ombudsman is available as an advocate for firms who may be experiencing problems in obtaining timely payment(s) from Florida State University. The firm ombudsman is Dianna Norwood and may be contacted at (850) or by calling FSU Purchasing at It is expressly understood and agreed that any articles which are the subject of, or required to carry out the purchase order resulting from this ITN, which have been certified by the corporation identified under Chapter 946, F.S., shall be purchased from said corporation in the same manner and under the procedures set forth in Section (2), (4), F.S.; and for purposes of the purchase order resulting from this ITN, the person, firm or other business entity carrying out the provisions of this agreement shall be deemed to be substituted for this agency insofar as dealings with such corporation. 17. The successful Proposer shall allow public access to all documents, papers, letters or other material subject to the provisions of Section , F.S. and made or received by him/her in conjunctions with the purchase order resulting from this ITN. Refusal by the successful Proposer to allow such public access shall be grounds for cancellation of the purchase order by the University. 18. Any amendments, alterations or modifications to the purchase order resulting from this ITN must be by change order issued by the Purchasing Department. The validity, construction, and effect of the purchase order shall be governed by the laws of the State of Florida. The University, as an agency of the State of Florida, is entitled to the benefits of sovereign immunity including immunities for taxation. 19. Under no circumstances shall the successful Proposer assign to a third party any right or obligation of successful Proposer pursuant to this proposal without prior written consent of the UNIVERSITY. If the successful proposer is, or during the term of the purchase order resulting from this ITN becomes, an individual on the payroll of the State of Florida, successful Proposer represents that he or she has complied with all applicable provisions in the Florida Statutes and Florida Administrative Code regarding outside or dual employment and compensation. 20. Any purchase order resulting from this ITN will be governed by and under the jurisdiction of the Law and Rules of Florida and any provisions in conflict there with shall be void and of no effect. 21. In the event of extension error(s) the unit price will prevail and the proposer's total offer will be corrected accordingly. In the event of addition errors, the extended totals will prevail and the proposer's total offer will be corrected accordingly. Proposer's must check their proposal for any such errors and state the discount(s) where applicable. 22. The Proposer's point of contact for all matters relating to the ITN is Phyllis Sullivan, Florida State University Purchasing Department, A1400 University Center, Tallahassee, Florida , Voice (850) , FAX (850) or E Mail: 7

10 Written questions on this ITN must be submitted to Phyllis Sullivan. All requests for information must be in writing, and can be submitted by letter, fax, or e mail. Questions must be received by the date listed for that event in the Calendar of Events. After that date no queries regarding the proposal, oral or written, will be accepted. Each Proposer shall identify in its submittal the single point of contact for all matters relating to the response. 23. Sealed proposals will be accepted until the date and hour listed in the Calendar of Events, at the Florida State University Purchasing Department, A1400 University Center, Tallahassee, Florida , at which time a public opening will take place. Proposals received after that date and time will be rejected. Faxed proposals will not be accepted. 24. The following Special Condition supersedes General Condition Number 21, titled "Liability": Vendor's entire liability and the University's exclusive remedy shall be as follows: In all situations involving performance or non performance of machines or programming furnished under this agreement, the University's (the Buyer) remedy is: (a) the adjustment or repair of the machine or replacement of its parts by Vendor, or, at Vendor's option, replacement of the machine or correction of programming errors, or (b) if, after repeated efforts, Vendor is unable to install the machine or a replacement machine, model upgrade or feature in good working order, or to restore it to good working order, or to make programming operate, all as warranted, the University shall be entitled to recover actual damages to the limits set forth in this provision. For any other claim concerning performance or non performance by Seller pursuant to, or in any other way related to the subject matter of, this Agreement or any order under this Agreement, the University shall be entitled to recover actual damages to the limits set forth in this provision. Vendor's liability for damages to the University for any cause whatsoever, and regardless of the form of action, whether in contract or in tort including negligence, shall be limited to the greater of $100,000 or the purchase price stated herein for the specific machines that caused the damages or that the subject matter of, or are directly related to the cause of action, the foregoing limitation of liability will not apply to: (a) (b) (c) the payment of cost and damage awards pertaining to patent and copyright indemnity, or to claims for reprocurement costs or the cost of cover pursuant to Rule 6C (23) of the Florida Administrative Code claims for personal injury or damage to real or personal property caused by Seller's tortuous conduct. 8

11 Vendor shall hold and save the University harmless for any and all suits and judgments against the State for personal injury or damage to real or personal property caused by Vendor's tortuous conduct in the performance of this Agreement provided that: (a) (b) (c) the University promptly notifies the Vendor in writing of any claim, and Vendor shall be given the opportunity, at its option, to participate and associate with the University in the control, defense and trial of any claim and any related settlement negotiations and, provided further, that with respect to any claim, or portion thereof, for which Vendor agrees at the initiation of such claim that vendor shall save and hold the University harmless, Vendor shall have the sole control of the defense, trial and any related settlement negotiations, and the university fully cooperated with vendor in the defense of any claim. In no event, however, will Vendor be liable for: (a) (b) any damages caused by the University's failure to perform the University's responsibilities, or for any lost profits or other consequential damages, even if Seller has been advised of the possibility of such damages, or for (c) any claim against the University by any other party, except as provided in the hold harmless provision of the preceding paragraph of this provision and except as provided in the entitled or non performance or machines or programming located outside the United States or Puerto Rico. 25. Interpretations and Disputes: Any questions concerning conditions and specifications must be directed in writing to the FSU Purchasing Department, to the attention of the person designated as the sole point of contact, by the date and time outlined in the Calendar of Events. No interpretation will be considered binding unless provided in writing by the University in response to requests in full compliance with this provision. Any person who is adversely affected by the University s decision or intended decision concerning a solicitation or contract award and who wants to protest such a decision will file a protest in compliance with Section (3) (b), F.S. Failure to file a protest within the time prescribed in Section (3) (b), F.S., and the bond required under Rule 6C (3) will constitute a waiver of proceedings. FIRM INVESTIGATIONS Firms shall make all investigations at their own cost, including site visits to the Tallahassee campus, to thoroughly inform themselves regarding the services referenced in the ITN terms and conditions. No plea of ignorance by a firm of conditions that exist or that may hereafter exist as a result of failure or omission on the part of the firm to make the necessary examinations and investigations, or failure to fulfill the requirements of the contract documents will be accepted as a basis for varying the requirements of the contract or the compensation to the firm. 26. Public Records: All materials submitted by a company in response to this solicitation, in whole or in part, are a public document pursuant to Section , Florida Statutes. This 9

12 includes any material that the company might consider confidential or a trade secret. Any reference to confidentiality or restrictions on circulation or release of all or part of any response submitted, whether such reference is submitted either purposely through intent or design or inadvertently appearing separately in transmittal letters, specifications, literature, price lists or warranties, it is understood and agreed the conditions as stated in this solicitation are the only conditions applicable to this ITN, and the authorized signature of the company representative affixed to the acknowledgement form attests to this. 27. LIABILITY The University agrees to accept liability for the negligent acts or omissions of its employees, acting within the scope of their employment, to the extent permitted by law (Section , F.S). Nothing contained herein should be construed as a waiver by the University of any Defense under a claim of sovereign immunity available to it. 28. Respondents to this solicitation or persons acting on their behalf shall not contact any employee or officer of the Florida State University Board of Trustees, a University Direct Support Organization, or The Florida State University concerning any aspect of this solicitation, except in writing to the Chief Procurement Officer or as provided in this solicitation document, from the date of release of this solicitation through the end of the 72 hour period following the University s posting of the notice of intended award, in accordance with BOG Regulation l Violation of this provision may be grounds for rejecting a response. 10

13 ITN Opportunity This solicitation is released as an Invitation to Negotiate (ITN) and is entitled, Florida State University Athletics Ticketing Software. Florida State University (FSU), located in Tallahassee, Florida, intends to negotiate a complete ticketing solution for the Athletics Department. The purpose of this solicitation is to establish a multiyear contract for the purchase of the technology. In accordance with the guidelines under Section 6C of the Florida Administrative Code, FSU deems it appropriate to negotiate a contract rather than use other State procurement options as expected responses may contain innovative solutions utilizing components driven by emerging and rapidly changing technologies. University Overview Florida State University is a comprehensive, national graduate research university that puts research into action for the benefit of our students and society. With an impressive breadth of leading graduate, professional and undergraduate programs, and an international reputation in the sciences and humanities, Florida State University is a demanding and intellectually stimulating environment for students and faculty. Florida State s 16 schools and colleges offer more than 300 undergraduate, graduate, doctoral, professional and specialist degree programs, including medicine and law, covering a vast array of disciplines critical to society today. The new College of Medicine graduated its first class in Many units have programs that consistently rank among the nation s top 25 public universities, including physics, chemistry, oceanography, statistics, ecology and evolutionary biology, meteorology, political science, psychology, sociology, criminology, information, creative writing, public policy, business and law. Florida State University s arts programs dance, film, music and theatre rank among the finest in the world. Florida State s nearly 40,000 students have the opportunity to work and study alongside an outstanding faculty that includes Nobel Laureates, five members of the prestigious National Academy of Sciences, seven members of the American Academy of Arts and Sciences and two winners of the Pulitzer Prize. Faculty members lead several scholarly fields in citations to published work. The university is widely known for offering extensive opportunities in research, Service Learning and Study Abroad. From its pioneering Learning Centers in residence halls to its Service Scholars, FSU creates a diverse and caring environment, and its talented undergraduate and graduate students take advantage of those opportunities to flourish. Epitomized by recently named Rhodes Scholar Garrett Johnson, an elite athlete and scholar committed to public service, FSU students are dedicated to academic excellence and to providing leadership in a complex world. For any additional information about Florida State University, please visit the University s Internet web page at: Definitions 11

14 University refers to FSU. Bid/Proposal means the offer/proposal extended to University in response to this solicitation. Contract means the legally enforceable agreement, if any, that results from this solicitation. The parties to the Contract shall be FSU and Contractors. Sole Point of Contact means the Purchasing employee to whom proposers shall address any questions regarding the solicitation or award process. The sole point of contact shall be the arbitrator of any dispute concerning performance of the Contract. FSU is Florida State University. Contractor is a successful Proposer, which along with FSU, will enter into the Contract. University may make multiple awards, but for sake of convenience the solicitation documents use the singular form of this term. If a Contractor is a manufacturer, its certified dealers and resellers may also furnish products under the Contract; in choosing to do so, the dealers and resellers agree to honor the Contract and the term Contractor shall be deemed to refer to them. Customer is FSU and other eligible users that may order products directly from the Contractor under the Contract. By ordering products under the Contract, the Customer agrees to its terms. Customers are not, however, parties to the Contract. Product means any deliverable under the Contract. Purchase Order or Order means the form or format a Customer uses to make a purchase under the Contract (e.g., a formal written purchase order, electronic purchase order, procurement card, or any other means authorized in writing by contract manager). Contract Manager means the Purchasing employee who is primarily responsible for administration of the Contract. FSU shall post contact information on its Internet web page associated with the Contract. FSU may appoint a different Contract Manager, which shall not constitute an amendment to the Contract, by updating the posted contact information and sending notice to Contractor. Any communication to FSU by Contractors, after award, shall be addressed to the Contract Manager. Order Initiator means the individual, p card holder, or order requestor from FSU that initiates the order. Sole Point of Contact: Phyllis Sullivan Purchasing Specialist A1400 University Center Tallahassee, FL Phone: Fax: pwsullivan@admin.fsu.edu The Invitation to Negotiate Process 12

15 FSU selected the ITN process as the best way to obtain the required combination of best value pricing and excellent services from companies with a proven track record in providing ticketing software service and support. Step 1: Solicitation and evaluation of written responses leading to the selection of one or more companies with whom the University will negotiate. Proposals will be evaluated by the ITN Evaluation Committee to determine a short list of companies whose written response best addresses the University s priorities. Step 2: As the best interests of the University dictates, after initial written responses have been evaluated, the following negotiation process will be utilized: Negotiations with short listed companies may include the further refining of exact specifications, terms and conditions and price structure. As the best interests of the University dictate, negotiations may be conducted concurrently or consecutively. If consecutive negotiations are conducted, the University will attempt to reach a contract with the top ranked company. If FSU is able to reach a contract with this company, negotiations with the other short listed firms will not take place. If the University elects to negotiate with two or more firms concurrently, then at the end of the negotiation period companies with whom negotiations have progressed satisfactorily will be asked to submit a written Best and Final Offer, to finalize all agreements reached during negotiations, and to extend additional benefits to the University, if desired. An invitation to submit a Best and Final Offer is not guaranteed. Step 3: Award of contract or evaluation of the Best and Final Offer(s), followed by a contract award. The negotiation process will end upon submission of the Best and Final Offers and companies will not be allowed to make further adjustments to their offer or communicate further with the University, except to respond to requests for clarification from the ITN Evaluation Committee. The final decision of the Evaluation Committee will be based upon the initial written response, negotiation sessions, and best and final offer. Such a decision may be subject to approval by the Senior Vice President for Finance and Administration or University President. If, at the conclusion of the negotiation process, the University evaluation team feels that further evaluation of an offer is not needed and is unlikely to end in contract award to the proposer, the proposer will be notified that his/her participation has been terminated. Important Note Regarding Initial Written Response: The determination of the companies selected for the short list with which negotiations will continue will be based on evaluation of the written response submitted. There will be no opportunity for presentations at this stage. If a company is selected as one of the short listed firms, they may be required to give a presentation to the committee members and their presentation be used as one of the criteria for final evaluation. Any response that does not provide complete, accurate, and detailed answers to each question, or which indicates the company is deferring to provide complete details until a later stage in the process, may be declared non responsive, and rejected without further evaluation. Solicitation Responsiveness 13

16 A solicitation response that is considered responsive is one that conforms to all essential requirements and satisfies all mandatory conditions set forth in the solicitation specifications. Essential requirements and mandatory conditions can include required qualifications, necessary company resources and experience, pre qualification requirements, required certifications, and various other required or mandatory specifications. Section (25) F.S. defines a responsive bid, responsive proposal, or responsive reply as a bid, or proposal, or reply submitted by a responsive and responsible vendor that conforms in all material respects to the solicitation. Section (26) F.S. defines a responsive vendor as a vendor that has submitted a bid, proposal, or reply that conforms in all material respects to the solicitation. Proposers Responsibility Determination A proposer is responsible if it can perform the contract as promised. Thus, the concept of responsibility focuses on the contractor s trustworthiness, quality, fitness and capacity to satisfactorily perform. Determining whether a proposer is responsible can include evaluation of the following: financial resources, performance schedule, performance record, organization and skills, equipment and facilities, and various other matters relating to the ability of a vendor to perform the contract. Section (24) F.S. defines a responsible vendor as a vendor who has the capability in all respects to fully perform the contract requirements and the integrity and reliability that will assure good faith performance. The University reserves the right to investigate or inspect at any time whether the qualifications, or services offered by a proposer meet the contract requirements. Proposer shall at all times during the Contract term remain responsive and responsible. Proposer must be prepared, if requested by the University, to present evidence of experience, ability, and financial standing, as well as a statement as to capacity of the proposer for the servicing of the solicitation. If the University determines that the conditions of the solicitation documents are not complied with, or that the services proposed does not meet the specified requirements, or that the qualifications, financial standing, or personnel resources are not satisfactory, or that performance is untimely, the University may reject the response or terminate the Contract. Proposer may be disqualified from receiving awards if proposer, or anyone in proposer 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 the University to make an investigation either before or after award of the Contract, but should the University elect to do so, the proposer is not relieved from fulfilling all Contract requirements. Functional Requirements General/Support Requirements 14

17 Must provide a single integrated database for ticketing, fund development, and marketing for a complete view of fan and donor activity. Must provide a completely hosted solution. Must have experience with customers of similar size and volume as Florida State University. Must maintain or exceed previous level of investment made by Florida State University in digital ticketing. This includes all networking infrastructure such as switches, backup power supplies, and wireless access points used for barcode access management system. Must preserve all current and historical ticketing data and donor records. Must have ability to set up all aspects of events without assistance of system support staff. Florida State will maintain exclusive control of customer database, e mail marketing, and sponsorship areas. This includes how and when customers and prospects are marketed. Must provide live client support 24/7 all year round. Must be both PCI and SAS70 compliant. Must have ability to sell at remote locations. Must allow current banking relationship and support all payment processors. Must provide an audit trail of all operator transactions. Must provide numerous tools for ongoing client education and training including an online support portal for all up to date documentation and best practices resources, weekly webinars on feature specific topics, and an online case management system to monitor any open customer service issues. Must be consistent with current ticket industry standards with upgrades and feature improvements. Ticketing All sales channels box office, phone, online, outlets, mobile must all sell in real time from a single database. All ticketing revenue must go directly to the University. Contractor bills for their portion of fees at a later time. Must support all versions of season and partial season ticketing full season, fixed plans, design your own plans and plans designed to take advantage of high demand events (ex. buy 3 events from a particular pick list to get the right to buy the high demand event). Customer must have 100% control of event creation and pricing, including when events go on sale. Must provide tools to automatically prorate season packages once the first event or events have passed. Must provide functionality to reorder and reallocate seats from one season to the next to quickly process renewal ticket orders. Must allow ticket selling, seat allocation, payment processing and ticket printing to all be handled independent of each other, if desired. Must support a custom priority points calculation, which means priority points programs can be tailored right to our specifications. Must support the establishment of a remote box office anywhere an Internet connection can be made through our web based selling tools. Must provide additional revenue streams for athletics via print at home sponsorship opportunities. 15

18 Must provide reports but not limited to cash reporting for seasons and individual games (please include a list of your standard reports). Development Must offer real time integration with Raiser s Edge, sharing pertinent ticketing/fundraising data. Must support the importing/exporting of data with University Development and University Registrar s office. ECommerce Must have ability to create and support ecommerce site for ticketing and fundraising with our schools consistent use of University branding colors and logos. Must provide us with 100% control of all advertising/sponsorship opportunities on our ecommerce site. Must allow us to control 100% of all consumer ticket fees that our customers pay. ECommerce engine must have the throughput (horsepower) to handle our largest on sale needs. Must offer true shopping cart functionality online buyers can buy as many items as they like in one transaction. Must allow us to have complete control over our print at home ticketing format. Must support basically unlimited ticket plans and packages full season, mini plans, design your own plan, and even plans including ticketed and non ticketed items (parking passes, media guides, etc.). Must have online ticket and donation renewal functionality with all monies going directly into University bank accounts. Must support functionality for processing student tickets online. Must have ability to elect to deliver all student tickets via print at home. Must support online 3 Dimensional seat maps with view from the seat capability. Must offer the option to integrate with StubHub secondary market (shared barcodes). Must accommodate payments by electronic check for online renewals. Must include account tools that allow our customers to maintain their address and password, can check their ticket order history, donation history, priority points totals, and transfer tickets electronically to friends and family. Marketing Must provide an integrated marketing tool, which allows us to send targeted HTML messages to customers and fans based on demographic, biographic, and past purchases and donations. Must support robust programs/integration to social networking sites. Must have third party relationships which allow us to leverage the power of Social Media, including but not limited to Facebook, to share event information, promote special offers and link to ticket buying 16

19 opportunities. Must support the concept of online contests and giveaways to increase fan interest. Must provide analytics for tracking data regarding the online experience, abandonment during shopping, and the success of specific campaigns. Must provide this service at no additional charge. Prefer marketing team support for search engine marketing (SEM) services and will advise on the most effective ways to spend key word buys. Offers retargeting efforts preferred. Customer Relationship Management (CRM) Prefer that awarded vendor provides an integrated customer relationship management system focused on detailed tracking of sales and donation opportunities as well as customer service issues this includes detailed contact management. Prefer a CRM solution that offers real time integration tools such as Microsoft Outlook which translates into the ability to send correspondence from within CRM and have the recorded the operator's Outbox in Outlook. Access Management Must offer a fully integrated access management solution the barcoding of tickets and the ability to offer tickets to be delivered via print at home. Must support events sold as 100% paperless, meaning that all sales are made to a credit card or season ticket card of some kind. Must provide access management solution which allows us to track attendance in real time. Must support stored value ticketing functionality tickets that carry an extra concession value attached to the barcode that can be redeemable for food or merchandise as we may allow. Technical Requirements Hosted solution All servers hosting the software must be housed off campus and managed by the vendor. Operating System client software must be compatible with the University s desktop operating system. The University is currently using Windows 7. Printing Must be compatible with Boca thermal printers and network laser printers. SSL Encryption All data must be transmitted through a secure 256 bit Secure Socket Layer (SSL) connection when connected to the host servers. Role based Security The solution must use role based security that must be granular at the administrative and user level. Firewall Servers hosting application must be behind a firewall. Backups Data must be backed up on a daily basis and able to be restored. This must include an off site backup. 17

20 Disaster Recovery Plan vendor must present a Disaster Recovery Plan which outlines the steps required to bring the application and all data back up in the event of a failure. Privacy Data must never be shared without the exclusive permission of the FSU Athletics department or as required by law. Network Access the host system must be configured so that only certain IP addresses can connect to it. Evaluation Criteria The submitted proposals will be evaluated on the following criteria: 1. Customer Service and Support a. Ability to provide excellent and timely service to the FSU Athletics department b. Dedicated account representative 2. Company Experience a. Years in business b. Client list 3. Meeting general functional and technical requirements 4. Training 5. Price Service Level Expectations The selected contractor will be expected to meet the following service level expectations: A. Customer Support 1. The customer will have access to 24/7 e mail and telephone support. 2. Instant contact available during business hours (8AM 5PM) Eastern Standard Time (EST). 3. After hours response time must be 15 minutes or less. B. Documentation and Training Contractor must provide documentation and training about the use of the software as well as tutorials. If documentation is not available online the contractor will provide hard copies. Contractor must also provide web based training and refresher courses when requested by the customer. C. Set up and Implementation At the request of the customer, the contractor shall provide installation and configuration information within 14 days. Contractor will perform an onsite implementation and is expected to visit the campus during the implementation of the product. D. University Terms and Conditions Contractor should familiarize themselves with the University contract terms and conditions and/or agreement for services that will be posted on the FSU website with this ITN. E. Invoicing and Payment All invoices shall include the University s purchase order number. Failure to properly mark invoices will cause invoices to be sent back for correction which can hold up payments. The 18

21 University may require any other information from the Contractor that the University deems necessary to verify any purchase order placed under the Contract. At the University s option, Contractors may be required to invoice electronically pursuant to guidelines established by the University. Payment shall be made in accordance with sections and of the Florida Statutes, which govern time limits for payment of invoices. Invoices that must be returned to a Contractor due to preparation errors will result in a delay in payment. Initial Written Response and Proposal Original proposal and all copies must be on 8 ½ x11 text weight paper, using binding tabs that will facilitate the distribution and evaluation of the proposals. A. Response Format Submit one (1) copy of the initial response on CD or PC compatible disk, preferably in Word and/or Excel. The original response must contain the original manual signature of the authorized person signing the proposal, and the electronic copy of the proposal. Submit one (1) original and five (5) copies of the vendor s proposal in hard copy form. Failure to include the original response and all signed copies may be grounds for rejection of your initial response without further evaluation. The original hard copy response must be in a standard size 3 ring binder or binders, tabbed and numbered as described below. 1. Copies must be bound but may be bound using alternative binding. 2. The original response must be in a separate envelope, clearly marked original. 3. Copies may be submitted in bulk. 4. The outer carton of the response must include the ITN number, name of solicitation and due date. The vendor's response must include the information and required submittals described, tabbed and numbered as shown below, with all information appearing in the Tab in which it was requested. Questions and requests for information may not be rearranged, regrouped, or divided in any way. All information and required submittals requested MUST BE in hardcopy and included in your written response. Responses must not refer the University to electronic media such as websites, CD s, disks, or tapes in order to obtain the required information or submittals. 19

22 Failure to adhere to this condition may cause your response to be rejected without further evaluation. Information submitted that is not requested by the University may be considered to be supplemental, not subject to evaluation by the committee members. If there is any information or required submittals which due to size or binding cannot be incorporated following the proper tab, the vendor must provide information following the numbered tab, telling the evaluator where the information can be found in the response. Paper copies of responses must be tabbed, headed, and numbered exactly as outlined in each section, and the required information must be provided in the section under which it was requested by University. Responding companies may not combine or reorganize the headings and/or requests for information, or indicate that the information will be included in another section. Tabular / Paginated Format: Tab 1: A one to two page executive summary Tab 2: Fully executed Competitive Solicitation Acknowledgement form and any signed addenda issued. Tab 3: Company Profile Summary A. Company Information 1. Name and address of corporate headquarters and any branch offices. 2. Name and address of company location responsible for ultimate fulfillment of any contract awarded pursuant to this ITN and the contact information. 3. Type of Entity (i.e. Sole Proprietor, Partnership, or Corporation). Please include a copy of your business license. 4. How long has your company been involved in supplying the goods and services called for in this ITN? Include both corporation and higher education experience. B. University or Public Sector Experience 1. Does your firm have experience fulfilling contracts similar to the scope of work in this ITN, for a University the size of Florida State University? If so, provide examples. 2. If so, how many years? 3. If your firm does not have University experience, does your firm have other public sector experience? If so, explain. C. Financial Information 20

23 1. Provide a copy of your firm s balance sheet for the past three (3) years. The University may require more detailed financial records prior to awarding a contract. Audited financial reports, balance sheets, corporate tax returns, income statements, and CPA reviews are acceptable. 2. Describe any growth plans your firm might have (if any) and how this might affect services provided to FSU. D. Geographic Coverage 1. List all Company office locations within or close to the Tallahassee, North Florida or South Georgia area, and the estimated number of personnel at those locations, if applicable. E. Statement of Proposer Warranty of Ability to Perform 1. This Proposer statement shall warrant that no legal action, proceeding, inquiry or other legal hindrance would preclude the Proposer from performing under this ITN and subsequent contract. F. Insurance, Bonding, Licensure 1. Provide a copy of the Proposers Certificate of Insurance, or intent to provide following Contract award. Bonding requirements and license shall be included in this tab. G. Contractor Statement Work Eligibility Requirements 1. Contractor Statement that Contractor complies with all State and Federal Laws requiring work eligibility requirements. A description of the Contractor s program for criminal background checks for its employees shall be included. The Contractor shall certify that personnel assigned to the University meet all work eligibility requirements for the State of Florida, are citizens of the United States, or aliens who have been lawfully admitted as evidenced by Immigration and Naturalization Service documentation, Permanent Resident Alien Card (I 551). The University shall have the right to examine this documentation for Contractor personnel or subcontractor s hired by the Contractor. Tab 4: Qualification Overview When responding to the items listed in Tab #4, you must note the question number you are responding to and then supply your written response. Vendors may not reorganize the questions or supply required information out of the order requested, or in a format other than a clear and concise response to the question, as asked. Do not refer the evaluation committee members to information on a website. Supplemental information may be provided as long as all 21