REQUEST FOR PROPOSALS (RFP) for. IT Service Management (ITSM) Software Product and Consulting Services RFP NO: RFP 1428

Transcription

1 REQUEST FOR PROPOSALS (RFP) for IT Service Management (ITSM) Software Product and Consulting Services RFP NO: RFP 1428 Diana K. Trahan, Procurement Officer Office of General Services Florida Department of Law Enforcement 2331 Phillips Road Tallahassee, Florida Phone: (850) Failure to file a protest within the time prescribed in section (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 must be timely filed with the Procurement Officer listed above. Page 1 of 86

2 SOLICITATION INTRODUCTION The 10 Most Critical Things to Keep in Mind When Responding to a Solicitation for the Florida Department of Law Enforcement 1. Read the entire document. Note critical items such as: mandatory requirements; sample(s) required, supplies/services required; submittal dates; number of copies required for submittal; funding amount and source; contract requirements (i.e., contract performance security, insurance requirements, performance and/or reporting requirements, etc.). 2. Note the Procurement Officer's name, address, phone numbers and address. This is the only person you are allowed to communicate with regarding the Solicitation and is an excellent source of information for any questions you may have. 3. Attend the pre-proposal conference. (If applicable) 4. Take advantage of the question and answer period. Submit your questions to the Procurement Officer by the due date listed in the Solicitation Timeline and view the answers given in the formal addenda issued for the Solicitation. All addenda issued for a Solicitation are posted on the Vendor Bid System s website ( and will include all questions asked and answered concerning the Solicitation. 5. Follow the format required in the Solicitation when preparing your response. Provide point-by-point responses to the required sections in a clear and concise manner. 6. Provide complete answers/descriptions. Read and answer all questions and requirements. Don t assume the Department or evaluation committee will know what your company capabilities are or what items/services you can provide, even if you have previously contracted with the Department. The proposals are evaluated based solely on the information and materials provided in your response. 7. Use the forms provided, i.e. Price Proposal forms (Section 6.0), Certificate of Drug Free Workplace (Attachment C), etc. 8. Check the Vendor Bid System website for Solicitation addenda. Before submitting your response, check the Vendor Bid System website to see whether any addenda were issued for the Solicitation, some addenda require that you sign and return them with the bid. 9. Review and read the Solicitation document again to make sure that you have addressed all requirements. Your original response and the requested copies must be identical and be complete. The copies are provided to the evaluator/evaluation committee members and will be used to score your response. 10. Submit your response on time. Note all the dates and times listed in the Solicitation Timeline and within the document, and be sure to submit all required items on time. Faxed, ed or late proposal responses are never accepted. Page 2 of 86

3 SECTION A PUR 1001 GENERAL INSTRUCTIONS TO RESPONDENTS 1. The State of Florida General Instructions to Proposers (PUR 1001) are hereby referenced and incorporated in their entirety into this RFP. This section explains the General Instructions to Proposers (PUR 1001) of the solicitation process. This is a downloadable document. Please download and save this document to your computer for further review. Potential proposers to the solicitation are encouraged to carefully review all materials contained herein and prepare responses accordingly. There is no need to return this document back to the Department of Law Enforcement. PUR 1000 GENERAL CONTRACT CONDITIONS 2. The State of Florida General Terms and Conditions (PUR 1000) are hereby referenced and incorporated in their entirety into this RFP. This section explains the General Contract Conditions (PUR 1000) of the solicitation process. This is a downloadable document. Please download and save this document to your computer for further review. Potential proposers to the solicitation are encouraged to carefully review all materials contained herein and prepare responses accordingly. There is no need to return this document back to the Department of Law Enforcement. - Remainder of Page Intentionally Left Blank - Page 3 of 86

4 SECTION B SPECIAL INSTRUCTIONS FOR THE PREPARATION AND SUBMISSION OF RESPONSES B.1 Program Office Information Technology Services (ITS) B.2 Issuing Office Diana K. Trahan, Procurement Officer Office of General Services 2331 Phillips Road Tallahassee, Florida Phone: (850) [email protected] B.3 Restrictions on Communication with Department Staff Respondents to this solicitation or persons acting on their behalf may not contact, between the release of this solicitation and the end of the seventy-two hour period following FDLE posting the notice of intended award, excluding Saturdays, Sundays, and state holidays, any employee or officer of the executive or legislative branch concerning any aspect of this solicitation, except in writing to the procurement officer named above. Violation of this provision may be grounds for rejecting a response. B.4 Solicitation Timeline Listed below is the timeline of important actions and dates/times by which the actions must be taken or completed. If FDLE finds it necessary to change any of these dates/times, it will be accomplished by addendum. All listed times are local in Tallahassee, Florida. Activity Date/Time Location Solicitation Issued by Electronically Posted April 21, 2014 the Department Deadline for Receipt of Written Inquiries May 6, 2014 Address Provided in B.2 above Anticipated Date for Department Responses to Written Inquiries May 13, 2014 Electronically Posted Proposals due to FDLE (Public Opening of Technical Responses) Public Dissemination of Scores Oral Presentations Public Dissemination of Scores including Presentation Ratings May 29, 2014 at 2:00 PM ET June 13, 2014 June 16, 2014 through June 23, 2014 June 27, 2:00 PM ET Address Provided in B.2 above Florida Department of Law Enforcement 2331 Phillips Road Tallahassee, Florida Room TBA Florida Department of Law Enforcement 2331 Phillips Road Tallahassee, Florida Page 4 of 86

5 and Open Cost Proposals Anticipated Posting of Notice of Intent to Award B.5 Addenda July 18, 2014 Room TBA Electronically Posted The FDLE reserves the right to modify this RFP. All addenda to this RFP will be in writing with content and number of pages described to all Respondents. Addenda or clarifications to this RFP will be posted on the Florida VBS along with an Addendum Acknowledgement Form. The Addendum Acknowledgement Form that is issued with each posting shall be signed by an individual authorized to bind the Respondent, dated, and submitted with the response. It is the Respondent s responsibility to monitor the Florida VBS for any solicitation updates. B.6 Questions (This section supersedes Section A, PUR 1001, Instruction #5, Questions) Any questions from Respondents concerning this RFP shall be submitted in writing, identifying the submitter, to Diana K. Trahan at the address specified in Section B.4, Issuing Office, or by to [email protected] or by facsimile to by the date and time specified in Section B.6, Solicitation Timeline. inquiries are preferred; however, a hard copy or facsimile is acceptable. All questions and/or changes to the solicitation will be posted on the Department of Management Services (DMS) Florida Vendor Bid System (VBS) as an addendum. It is the prospective Respondent s responsibility to periodically check the VBS for any solicitation updates. FDLE bears no responsibility for any delays, or resulting impacts, associated with a prospective Respondent s failure to obtain the information made available through the Florida Vendor Bid System. Respondent questions should be submitted in the format included in Attachment H Technical Questions Submittal Form. Each Respondent shall be responsible for any and all services required under this solicitation. The Respondent is required to carefully examine the specifications set forth and to be knowledgeable of any and all conditions and requirements that may in any manner affect the work to be performed as described in this solicitation. No allowances will be made to the selected Respondent because of lack of knowledge of conditions or requirements, and the selected Respondent will not be relieved of any liabilities or obligations. INFORMATION WILL NOT BE PROVIDED BY THE TELEPHONE. Any information received through oral communication shall not be binding on the Agency and shall not be relied upon by any Respondent. B.7 Submission of Response (This section supersedes Section A, PUR 1001, Instruction #3, Electronic Submission of Responses) Responses must be submitted in a sealed envelope with the bid number and opening date and time identified on the outside. Responses must be submitted by U.S. Mail, Courier, or hand Page 5 of 86

6 delivery. Electronic submission of proposal is not required and will not be accepted for this solicitation. RESPONSES SUBMITTED ELECTRONICALLY OR BY FACSIMILE WILL NOT BE CONSIDERED. Each response shall be prepared simply and economically, following the instructions contained herein. It is recommended that all Responses be hand-delivered or sent via certified mail or overnight courier to ensure timely delivery. Since the FDLE Building is a secured facility, if you are handdelivering the Response, please allow for sufficient time to gain access into the building. RESPONSES RECEIVED AFTER THE EXACT TIME SPECIFIED WILL NOT BE CONSIDERED AND WILL BE RETURNED TO THE RESPONDENT UNOPENED. B.8 Withdrawal of Response A submitted response may be withdrawn, if within seventy-two hours after the response due date and time indicated in the Solicitation Timeline, the Respondent submits a signed, written request for its withdrawal to FDLE. B.9 Response Opening (This section supersedes Section A, PUR 1001, Instruction #12, Public Opening) The response opening will be held at the time and date specified in Section B.4, Solicitation Timeline in the Office of General Services, 2331 Phillips Road, Tallahassee, Florida. The name of all Respondents submitting responses shall be made available to interested parties upon written request to the contact person listed in Section B.4. Any person with a qualified disability shall not be denied equal access and effective communication regarding any response/proposal documents or the attendance to any related meeting or response/proposal opening. Sealed responses received by FDLE in response to this solicitation are subject to production, disclosure, inspection and copying, in accordance with Chapter 119, Florida Statutes, once FDLE posts its decision or intended decision pursuant to s (3)(a), F.S., or 30 days after the response opening, whichever is earlier. B.10 Solicitation Requirements The following requirements must be met by the Respondent in order for its Response to be considered responsive to this solicitation; however, this is not an exhaustive list of mandatory requirements. Timely responses that do not meet all mandatory requirements of this solicitation, including providing all required information, documents or materials, will be rejected as non-responsive. Mandatory requirements of the response are those set forth as mandatory, or without which an adequate analysis and comparison of responses is impossible, or those which affect the competitiveness of responses or the cost to FDLE. Page 6 of 86

7 MANDATORY REQUIREMENTS FOR EVALUATION A. It is MANDATORY that the Respondent submits its response within the time frame specified in Section B.6, Solicitation Timeline. B. It is MANDATORY that the Respondent return, in accordance with the requirements of Sections B.33 and B.35.1, one (1) original, signed and sealed Technical Response, seven (7) paper copies of the signed original, and one (1) electronic copy of the signed original Technical Response (on compact disc), which include the following required attachments: 1. Attachment A Reference Form 2. Attachments A1-A3 Client References 3. Attachment C Drug Free Workplace Certification 4. Attachment D Disclosure Statement/Conflict of Interest 5. Attachment J List of Subcontractors C. It is MANDATORY that the Respondent return, in accordance with the requirements of Sections B.33 and B.35.2, one (1) original, signed and sealed Attachment B, Cost Response, two (2) paper copies of the signed original and one (1) electronic copy of the signed original Cost Response (on compact disc). Attachment B must be submitted in a sealed package separate from all other attachments. D. It is MANDATORY that the Respondent return one original, Addendum Acknowledgement Form that is included with each posting, signed and dated by an individual authorized to bind the Respondent Warning: The list above is not exhaustive. The use of the terms shall, must, or will within these solicitation documents may indicate a MANDATORY requirement or condition. Failure to meet such mandatory requirements or conditions will result in the response being rejected as nonresponsive. Responses may be rejected as non-responsible if past performance or current status do not reflect the capability, integrity or reliability to perform fully and in good faith the requirements of the contract. B.11 Cost of Preparing Respondent s Reply FDLE is not liable for any costs incurred by a Respondent in responding to this RFP, including those incurred for any oral presentations, if applicable. B.12 Disclosure and Ownership of Responses by FDLE A Respondent s response shall be a public record and subject to production, disclosure, inspection and copying consistent with the requirements of Chapter 119, Florida Statutes. A Respondent s response, upon submission, and any resulting contract shall be the property of FDLE except those parts asserted to be confidential or exempt pursuant to Chapter 119, Florida Page 7 of 86

8 Statutes, and FDLE, in its sole discretion, shall have the right to use, reproduce, and disseminate the response and contract. B.13 Respondent s Duties to Assert Exemption from Disclosure as a Public Record Any response content submitted to FDLE which is asserted to be exempted by law from disclosure as a public record shall be set forth on a page or pages separate from the rest of the bid, and clearly marked exempt, confidential, or trade secret (as applicable), with the statutory basis for such claim of exemption specifically identified in writing on each and every such page. Failure to segregate and so identify any such content shall constitute a waiver of any claimed exemption as applied to the portion of the bid or other document in which the content is set forth. Pursuant to section (16), F.S., the Department of Financial Services (DFS), has developed a web-based system that provides information and documentation about government contracts called the Florida Accountability Contract Tracking System or FACTS. An important aspect of this system is the posting of contract images on the Internet, including contract attachments, which may include all or part of your response to this solicitation. Any claim of exemption from public disclosure is waived upon submission, unless addressed as set forth above. FDLE will attempt to afford protection from disclosure of any trade secret as defined in section (1)(c), F.S., or section , F.S., where identified as such in the reply, to the extent permitted under section , F.S., or section , F.S., and chapter 119, F.S. Each Respondent acknowledges that the protection afforded by section , F.S., is incomplete, and hereby agrees that no remedy for damages may arise from any disclosure by FDLE. FDLE takes its public records responsibilities under chapter 119, F.S., and Article I, Section 24 of the Florida Constitution, very seriously. If a Respondent considers any portion of the documents, data or record submitted in response to this solicitation to be exempted by law from disclosure as a public record, the Respondent must also provide FDLE with a separate Redacted Copy of its response, in hard copy and on a CD ROM, at the time of bid submission. This Redacted Copy shall contain FDLE s solicitation name, number, and the name of the Respondent on the cover, and shall be clearly titled Redacted Copy. The Redacted Copy shall be provided to FDLE at the same time the Respondent submits its response to the solicitation and must only exclude or obliterate those exact portions which are exempted by law from public disclosure. If it is determined that the response does not contain any information which is exempted by law from public disclosure, please provide as part of the response, a written statement to that effect which is executed by an authorized representative of the Respondent s company with legal authority to make this determination on behalf of the Respondent. Respondent shall protect, defend, and indemnify, save and hold harmless, FDLE from any and all claims, demands, liabilities and suits of any nature arising out of, because of, or due to failure of FDLE to release information redacted by the Respondent, and to further indemnify FDLE for any other loss FDLE incurs due to any claim being made against FDLE regarding portions of its Redacted Copy being confidential, proprietary, trade secret or otherwise not subject to Page 8 of 86

9 disclosure. If Respondent fails to submit a Redacted Copy with its response, FDLE is authorized to produce the entire document(s), data or records submitted by Respondent in answer to a public records request. B.14 Posting of Recommended Award (This section supersedes Section A, PUR 1001, Instruction #13, Electronic Posting or Notice of Intended Award). The Proposal Tabulation, with recommended award, will be posted for review by interested parties at the location identified in Section B.6, Solicitation Timeline above and on the Department of Management Services (DMS) Florida Vendor Bid System for a period of seventy-two hours, excluding weekends and State observed holidays. Any Respondent who desires to protest the recommended award must file a protest with the Office General Services, Florida Department of Law Enforcement, 2331 Phillips Road, Tallahassee, Florida 32308, within the time prescribed in section (3), Florida Statutes, and chapter , Florida Administrative Code. B.15 Description of Work Being Procured FDLE is requesting proposals from qualified Respondents to provide an on premise ITSM solution which shall increase ITS efficiency and include flexibility in usage, access, customization, and reporting. The solution shall incorporate full-function, integrated ITIL framework. All work shall be performed in accordance with the Statement of Work contained in Section C. B.16 Number of Awards FDLE anticipates the issuance of one contract for services under this solicitation. FDLE reserves the right to issue multiple contracts if doing so is believed to be advantageous to FDLE and the State of Florida. FDLE, at its sole discretion, shall determine whether multiple contracts will be issued. B.17 Contract Period The contract period is expected to begin upon execution and remain in effect for a period of five (5) years following final acceptance of the proposed solution. The selected Contractor will be expected to be able to assume the responsibilities outlined herein within ten days of contract execution. FDLE reserves the right to renew the contract resulting from this solicitation. Renewal of this contract shall be in writing and shall be subject to the terms and conditions set forth in the existing contract. Renewal shall be limited to an additional term not to exceed one year. All renewals are contingent upon satisfactory performance by the Contractor and the availability of funds. B.18 Type of Contract Contemplated - (This section supersedes Section A, PUR 1000, Condition #2, Purchase Order) A fixed rate contract is proposed; however, FDLE reserves the right to award another type of Page 9 of 86

10 contract if doing so is believed to be advantageous to FDLE and the State of Florida, considering price and other factors. Contractor shall be paid for the services rendered under the contract upon satisfactory completion of these services. Information on state procurement regulations, state statutes, and rules referred to in this solicitation, may be obtained by contacting FDLE s Office of General Services referred to in Section B.2. B.19 Response Acceptance Period FDLE intends to execute the contract(s) as soon as possible after the posting of FDLE s decision. FDLE, at its discretion, may terminate discussions with the highest ranked Respondent if a Contract is not executed within twenty days after the announcement of an award and may proceed to award the contract to the second ranked Respondent. B.20 Firm Response - (This section supersedes Section A, PUR 1001, Instruction #14, Firm Response). Any submitted proposal shall remain firm and valid for one hundred and eighty days after the response submission due date, or until a contract is fully executed, whichever occurs first. The Respondent shall not withdraw any response within this time period except as described in paragraph B.11. Any response that expresses a shorter duration of validity may, in FDLE s sole discretion, be accepted or rejected. B.21 Disclosure Information will be disclosed to Respondents in accordance with state statutes and rules applicable to this solicitation. B.22 Laws and Permits Contractor(s) must comply with all local, state and federal laws, rules, regulations, and codes whenever work is being performed under this contract. All permits and licenses required for this contract must be obtained by Contractor and maintained for the duration of the contract. B.23 Insurance The contractor selected under this RFP shall maintain, during the life of the Contract, Workers Compensation Insurance for all of its employees connected with this Contract. Such insurance shall comply fully with the Florida Workers Compensation Law. In case any class of employee engaged in hazardous work under the contract is not protected under the Workers Compensation statute, Contractor shall provide adequate insurance, satisfactory to FDLE, for the protection of its employees not otherwise protected. The contractor selected under this RFP shall maintain, during the life of the Contract, comprehensive general liability coverage with limits of not less than $100,000 per occurrence and $500,000 general aggregate for bodily injury and property damage. The selected contractor s current certificate of insurance shall contain a provision that the Page 10 of 86

11 insurance will not be canceled or modified for any reason except after thirty days written notice to FDLE s Contract Manager, with the exception of ten days notice for non-payment of premium by the insured. The selected Contractor shall be required to submit insurance certificates, evidencing such insurance coverage, prior to the execution of a contract with FDLE. The insurance certificate must name FDLE as an additional insured and identify FDLE s Contract Number. Copies of new insurance certificates must be provided to FDLE s Contract Manager with each insurance renewal. B.24 MyFloridaMarketPlace Vendor Registration Each vendor desiring to sell commodities or contractual services as defined in Section , F.S., to the State through the on-line procurement system is prequalified to do so and shall register in the MFMP system, unless exempted under subsection 60A-1.030(3), F.A.C. Information about the registration process is available, and registration may be completed, at the MFMP website (link under Business on the State portal at Interested persons lacking Internet access may request assistance from the MyFloridaMarketPlace Customer Service at (866) FLA- EPRO {(866) )} or from State Purchasing, 4050 Esplanade Drive, Suite 300, Tallahassee, Florida A vendor not currently registered in the MFMP system shall do so within 5 days after posting of after posting of intent to award. B.25 MyFloridaMarketPlace Transaction Fee This procurement may be subject to the MyFloridaMarketPlace Transaction Fee, pursuant to Rule 60A-1.031, Florida Administrative Code. Vendors desiring to sell commodities or contractual services as defined in Section , F.S., to the state through the on-line procurement system must register pursuant to Rule 60A-1.030, Florida Administrative Code. All vendors who desire to use the on-line procurement system, must go to and complete the on-line registration, or call for registration assistance. The State of Florida has instituted MyFloridaMarketPlace, a statewide eprocurement System ( System ). Pursuant to section (22), Florida Statutes, all payments shall be assessed a Transaction Fee of one percent (1.0%), which the Contracting Party shall pay to the State, unless exempt pursuant to 60A-1.032, F.A.C. B.26 Vendor Registration Prior to entering into a contract with FDLE, the selected contractor must be registered with the Florida Department of Management Services (DMS) MyFloridaMarketPlace Vendor Registration System. Information about the registration process is available, and registration may be completed, at the MyFloridaMarketPlace website (link available under Business at Respondents who do not have Internet access may request assistance from MyFloridaMarketPlace Customer Services at (866) The following DMS Class/Group codes are provided to assist you in your registration efforts: COMPUTER SOFTWARE: APPLICATIONS COMPUTER SOFTWARE: COMMERCIAL OFF THE SHELF Page 11 of 86

12 COMPUTER SOFTWARE: DATA BASE MANAGEMENT COMPUTER DATA BASE DEVELOPMENT SERVICES COMPUTER SOFTWARE DEVELOPMENT AND MAINTENANCE SERVICES INTERNET DESIGN, PROGRAMMING, AND CONSULTING SERVICES A list of Commodity Codes can be found here: but if you need assistance, the purchasing office can help. B.27 Florida Department of State Registration Requirements All entities identified under chapters 607, 608, 617, 620, 621 and 865, Florida Statutes, seeking to do business with FDLE shall, prior to award of a contract, be appropriately registered with the Florida Department of State. B.28 Diversity The State of Florida is committed to supporting its diverse business industry and population through ensuring participation by minority-, women-, and service-disabled veteran business enterprises in the economic life of the state. The State of Florida Mentor Protégé Program connects minority-, women-, and service-disabled veteran business enterprises with private corporations for business development mentoring. We strongly encourage firms doing business with the State of Florida to consider this initiative. For more information on the Mentor Protégé Program, please contact the Office of Supplier Diversity at (850) B.29 Contractors and Subcontractors Contractor will be allowed to subcontract for any of the services to be provided through the resulting Contract, however, Contractor must obtain FDLE s prior written approval. Contractor will be the prime service provider and shall be responsible for all work performed and all Contract deliverables. Therefore, the proposed use of subcontracts should be included in the Respondent s response. Requests for use of subcontractors received subsequent to the RFP process are subject to review and approval by FDLE based on the terms described in Section C.15 of this RFP. FDLE supports diversity in its procurement program and requests that all subcontracting opportunities afforded by this Contract embrace diversity enthusiastically. The award of subcontracts should reflect the full diversity of the citizens of the State of Florida. Prospective contractors can contact the Office of Supplier Diversity at for information on minority vendors who may be considered subcontracting opportunities. B.30 Conflict of Interest The Respondent covenants that it presently has no interest in and shall not acquire any interest, direct or indirect, which would conflict in any manner of degree with the performance of the services required to be performed under the contract resulting from this solicitation. The selected contractor shall be required to provide written notification to FDLE within five working days of the discovery of a potential conflict of interest. FDLE shall have the authority to determine whether or not a conflict of interest exists. Page 12 of 86

13 B.31 Rights to Data and Copyright Writings, publications, films, videos, technical reports, equipment, computer hardware and software, recordings, computer programs, computerized data bases, data processing programs, pictorial reproductions, maps, drawings, specifications, graphical representations, and works of similar nature (whether copyrighted or not copyrighted), which are submitted with a bid or specified to be delivered under a project contract shall be maintained by FDLE and may be released as public records. Additionally any writings, publications, films, videos, technical reports, equipment, computer hardware and software, recordings, computer programs, computerized data bases, data processing programs, pictorial reproductions, maps, drawings, specifications, graphical representations, and works of similar nature (whether copyrighted or not copyrighted), which are developed or produced and paid for in whole or in part by contract funds become the property of FDLE except as may otherwise be provided in the contract. B.32 Submittal Requirements A signed original technical response and seven (7) copies thereof shall be bound, enclosed and sealed individually. The original shall be labeled Original Technical Response and all copies shall be labeled Technical Response Copy. The original and copies may then be submitted together. A signed original cost response and two (2) copies thereof shall be bound, enclosed and sealed individually. The original shall be labeled Original Cost Response and all copies shall be labeled Cost Response Copy. The original and copies may then be submitted together. The Respondents should also submit an equal number of electronic copies of the response. The electronic format shall be submitted on CD, DVD-ROM or USB thumb drive. The software used to produce the electronic files must be Adobe Acrobat, Microsoft Word 97 and/or Excel 97 or greater. These electronic files must be logically named and easily mapped to the hard copy submittal. The electronic media should be clearly labeled in the same manner as the hard copies. If a Respondent fails to submit the electronic, signed copies (on compact disc) with its response, FDLE reserves the right to contact the Respondent by telephone for submission of this document via . This right may be exercised when the response has met all other requirements of the solicitation. The Respondent s technical response shall be packaged separately from its cost response or the response will be rejected. If Respondent considers any portion of its technical response or cost response to be confidential, the Respondent shall submit a compact disc containing one copy of the signed, original response with the confidential information redacted. This compact disc shall be titled Redacted Copy. B.33 Elaborate Responses It is not necessary to prepare your response using elaborate brochures and artwork, expensive paper and bindings, or other expensive visual presentation aids. Your response shall be Page 13 of 86

14 prepared in accordance with the instructions herein. B.34 Instructions for Preparation of the Proposal The instructions for this solicitation have been designed to help insure that all responses are reviewed and evaluated in a consistent manner, as well as to minimize costs and response time. ANY AND ALL INFORMATION SUBMITTED IN VARIANCE WITH THESE INSTRUCTIONS MAY NOT BE REVIEWED OR EVALUATED. B.34.1 Technical Proposal Format The technical response package shall be prepared by each Respondent utilizing 8.5 x 11 paper. Using the description of work outlined in Section B.18 above and Section C, Respondents shall prepare their technical response packages in the order outlined below, with the sections tabbed for ease of identification and review. The Respondent s technical proposal shall be packaged and sealed separately from its cost proposal. Failure of the Respondent to provide any of the information required in the technical response portion of the response package shall result in a score of zero for that element of the evaluation which will result in the response being deemed non-responsive and rejected. The technical proposal will consist of the following and follow the format listed: Tab 1 Firm Qualifications The Respondent shall describe their qualifications to deliver the products and services specified in FDLEs statement of work. o Executive Overview Include a synopsis of the proposal in such a way that it demonstrates an understanding of the Department s requirements and a sound method of providing the required products and services. o Company Profile The purpose of this section is to provide the Department with a basis for determining the Respondent s financial strength and experience for undertaking a project of this type or size. The Department is not interested in a voluminous description of all contracts. A concise but thorough description of relevant experience is desired. Respondents must include the following in their proposals: Financial Information - A corporate balance sheet and statement of income for the applicable legal entity(s) for each of the last three fiscal years must be provided. Date established - The Department requires that Respondents have been in business for at least five (5) years. Page 14 of 86

15 Ownership (public company, partnership, subsidiary, privately held etc.); Primary line of business; Total number of employees; Number of personnel engaged in activities relevant to this ITN. o Relevant Experience Describes the firm s prior experience on information technology projects similar to that described in this Request for Proposal. Respondent should include at least three and no more than five projects and limit descriptions to no more than two pages per project. Projects should have been worked in the last five (5) years. o References See Section B.35. o Project Approach and Methodology The Respondent should explain the approach, methods, and techniques it proposes to use to accomplish the tasks in the Scope of Work outlining specific details as to how the work will be accomplished. Include a preliminary schedule for completion of the project. o Key Staff Respondents must provide the names and background information of key personnel that will be assigned to this project. Tab 2 Proposed Solution Respondent must describe their proposed solution and explain how it meets FDLE s requirements. o System Overview Provide an overview of your ITSM solution and how it addresses the Department s objectives and key business functions. o ITSM Product Provide a description of the ITSM product and explain how it meets FDLE s requirements. Provide the general system architecture of the proposed system. Describe advantages of this system architecture and how it meets FDLE s needs. Page 15 of 86

16 Describe the proposed approach for handling necessary configuration and customizations to the ITSM product to support the requirements without compromising the architecture or maintenance of the product. Describe how the System will scale to meet increases in transaction levels / work load. Provide a list of the hardware recommended for the proposed System. The Department will provide all hardware for the System. Provide a list of the software (other than the ITSM product) recommended for the proposed System. The Department will provide this software for the System. o Information Security Describe how the proposed ITSM product meets FDLE s information security requirements. o Implementation & Training Services Describe the approach for completing requirements validation. Describe the activities that will be undertaken to deliver, install, configure, and test the proposed solution. Describe the activities that will be undertaken to deliver documentation deliverables (such as the system architecture, project management plan, test plan, and server configuration instructions). Describe the proposed testing approach and methodology for this project. Describe the proposed training approach and methodology for this project. Describe the system administration and user documentation that will be provided. o Maintenance and Technical Support Services Tab 3 Attachments Describe the proposed maintenance support services for the ITSM product. Proposal responses to this RFP must include the following documents and certifications: o Reference Form (Attachment A) o Client References (Attachments A1-A3) Page 16 of 86

17 o Drug-Free Workplace Certification (Attachment C) o Disclosure Statement/Conflict of Interest Disclosure (Attachment D) o List of Subcontractors (Attachment J) o CMBE Certification; if applicable. Attach a copy of your Certified Minority Business Enterprise (CMBE) Certification; if certified with the Florida Department of Management Services. o Respondent s Standard Agreements, License Agreements, Warranty documentation or other agreements typically used in business transactions. B.34.2 Cost Response Submittal Each Respondent shall use the forms provided as Attachment B, Cost Response, to provide rates for the services requested in this solicitation. The Respondent s Cost Response shall be packaged and sealed separately from its Technical Response. Failure by the Respondent to submit the Cost Response sealed separately from the Technical Response shall result in the response being deemed non-responsive and therefore, the response will be rejected. The rates provided shall include the cost of all things necessary to accomplish the services outlined in Section C and the Respondent s response hereto, including, but not limited to Respondent s furnishing the necessary personnel and, labor, supplies, equipment, services, insurance, MyFloridaMarketPlace transaction fees miscellaneous expenses and the application of all multiples (i.e. overhead, fringe benefits, etc.), travel and incidental expenses. Failure by the Respondent to provide a cost on Attachment B shall result in the response being deemed non-responsive and therefore, the response will be rejected. Footnotes, notations, and exceptions made to Attachment B shall not be considered. Failure to complete and submit Attachment B, Cost Response, will result in the response being deemed non-responsive and therefore, the response will be rejected. B.35 Past Performance References In the space provided on Attachment A, Reference Form, the Respondent must list all the names under which it has operated during the last five years from the issuance date of this solicitation. FDLE will review its records to identify all contracts that the Respondent has undertaken with FDLE, where the Respondent was the prime contractor, during this period. Also, in the spaces provided on Attachments A1-A3, the Respondent must provide the required information for a minimum of three separate and verifiable clients. The Respondent s work for the clients listed must be for work similar in nature to that specified in this solicitation. Confidential clients shall not be included. Do not list FDLE as a client reference (as explained below, if Respondent has performed work as a prime contractor of FDLE during the timeframe specified above, FDLE will be one of the two clients selected for contact). The same client may not be listed for more than one reference (for example, if the Respondent has completed a project for the Florida Department of Transportation District One and one project for the Florida Department of Transportation District Two, only one of the projects may be listed because the client, the Florida Department of Transportation, is the same). Firms that are currently parent or subsidiary companies to the Respondent will not be accepted Page 17 of 86

18 as Past Performance references under this solicitation. In the event that the Respondent has had a name change since the time work was performed for a listed reference, the name under which the Respondent operated at the time the work was performed must be given at the end of the project description provided on Attachment A. In the event that Respondents submit a response as a joint venture, at least one past performance client must be listed for each member of the joint venture. However, the total minimum number of clients to be listed remains three. References should be available to be contacted during normal working hours. FDLE will choose, at its own discretion, two of the Respondent s references to contact in order to complete an evaluation questionnaire as provided in Attachment E. In the event that the Respondent has performed work as a prime contractor for FDLE within the timeframe specified above, FDLE shall attempt to contact one Department and one non-department reference. In the event that the Respondent has not performed work as a prime contractor for FDLE within the timeframe specified above, FDLE shall attempt to contact two non-department references. FDLE will attempt to contact each selected reference by phone or up to three times. In the event that the contact person cannot be reached following the specified number of attempts, the Respondent shall receive a score of zero for that reference evaluation. FDLE will not attempt to correct incorrectly supplied information and will not select a replacement for a nonresponding reference. Failure to provide the required information for a minimum of three separate and verifiable clients in the spaces provided on Attachments A1-A3 or failure to provide the required information for each reference shall result in the Respondent receiving a score of zero for the Past Performance section of the evaluation criteria. B.36 Evaluation Criteria 1. General. a. FDLE reserves the right to accept or reject any or all proposals received and reserves the right to make an award without further discussion of the responses submitted. b. Non-responsive proposals include, but are not limited to, those that: - Are irregular or are not in conformance with the requirements and instructions contained herein; - Fail to utilize or complete prescribed forms; or - Have improper or undated signatures A NON-RESPONSIVE PROPOSAL WILL NOT BE CONSIDERED UNLESS, IN FDLE S DISCRETION, THE DISCREPANCY DOES NOT PREVENT REVIEW OF THE RESPONSE BY FDLE AND CAN BE EASILY AND QUICKLEY REMEDIED. c. Only responsible Respondents may be considered for award of a contract. A responsible Respondent means a Respondent who has the capability in all respects to Page 18 of 86

19 2. Scoring. fully perform the contract requirements and the integrity and reliability that will assure good faith performance. In determining whether a Respondent is responsible, FDLE may consider any relevant and reliable information or evidence which comes to its attention and which reflects upon a Respondent s capability to fully perform the contract requirements and/or the Respondent s demonstration of the level of integrity and reliability which FDLE determines to be required to assure good faith performance of the Contract. Based upon such information or evidence, FDLE may deem the Respondent as responsible or non-responsible. d. Presentations The three (3) highest rated respondents (based on ratings of technical proposals) will be invited to participate in presentations. The Presentation portion of the evaluation process must be designed to be presented within a two (2) hour timeframe. Presentations will take place at FDLE headquarters in Tallahassee, Florida. Respondents are limited to no more than four (4) individuals in attendance at the presentation. 1. ITSM Product Demonstrate and describe the ITSM product, the advantages of this systems architecture, the proposed approach for handling necessary configuration and customizations, and how the system will scale to meet increases in transactions levels/work load. 2. Project Timeline / Implementation Schedule Describe the timeline and plan to address all tasks associated with completing requirements validation, activities to be undertaken to deliver documentation deliverables, proposed testing approach and methodology, training approach and methodology and system administration and user documentation. Each proposal will be reviewed by at least three evaluators who will independently score the proposal based on the criteria contained in Attachment F. The Issuing Office identified in Section B.2, will collect all of the completed evaluation scoring forms from the evaluators at the completion of the evaluation period, and will attempt to contact references via telephone to obtain the past performance reviews. The scores for the past performance reviews and the evaluators score sheets will be tabulated for inclusion on the summary score sheets for calculation of the total numerical rating. The Procurement Office will average the total point scores to convert to average rank, for each proposal for all evaluators. The Procurement Office shall present the average rankings to program area Division Director, or his or her designee, who will then determine the recommended contract award. Evaluation Criteria and Point Distribution to be categorized as follows for each service/deliverable: Page 19 of 86

20 For example: Firm Raw Points Received Rank Company A 90 2 Company B Company C * Company D 75 5 Company E * B.37 Award *In the event that multiple Respondents have the same raw point score, the rank positions needed to cover those Respondents are averaged and each Respondent receives that rank. In this case the third and fourth ranks are tied so = 7; 7 divided by 2 = 3.5. Each Respondent receives a rank of 3.5. FDLE will conduct a comprehensive, fair, and impartial evaluation of all proposals received in response to this RFP that are deemed to be responsive. An Evaluation Team will be established by FDLE and the team members will independently review the technical portion of the proposals of all responsive Proposers. The cost proposals will be sealed and held by FDLE s Office of General Services/Contracts until the technical evaluation process is completed. In the event that FDLE finds it necessary to seek clarification of information submitted in Technical Proposals, FDLE may do so by submitting written questions to all or selected Proposers. The Proposers responses to these questions shall be submitted to FDLE in writing. Members of the Evaluation Team will assign individual ratings to the Technical Proposals based upon information developed during the evaluation process. The Evaluation Team will then meet to discuss their individual ratings, make any changes to their individual ratings as may result from discussions, and then calculate final technical scores for each of the Technical Proposals. Evaluation Team meeting is considered to be a public meeting and will be held on the date, time and location specified in the RFP TIMELINE. Upon assignment of final scores for the Technical Proposals, the Contract Officer will open the sealed Cost Proposals. Scores from each Technical and Cost Proposal will be used to derive a single grand score for each Proposal. Based on the results of this evaluation process, the Evaluation Team will prepare a recommendation and present it to the Special Agent in Charge (SAC) of Information Technology Services (ITS). Upon completion of the review of the evaluations, scores, oral presentations, the Evaluation Team recommendation and pertinent supporting materials, the SAC will render a decision regarding the selection and proposed intended award. The SAC s decision will be proposal determined in writing to be the most advantageous to the state, taking into consideration the price and other criteria set forth in this request for proposals. FDLE reserves the right to award any or all parts of the solicitation to a single or multiple Respondents. A copy of the score tabulation(s) and FDLE s intended award decision will be posted for seventytwo business hours on the VBS at the following website URL address: Page 20 of 86

21 A copy will also be available upon written request to the Office of General Services. Telephone requests will NOT be accepted. Each written request must contain a self-addressed, stamped envelope (unless an response is being requested) and must reference the solicitation title and number. B.38 Identical Tie Responses In the case of a tie between two or more Respondents, the Respondents with a certified Drug Free Workplace will be given preference. In the event that all tied vendors submitted the Drug Free Workplace Certification, award shall be determined by using Rule 60A-1.011, F.A.C., Identical Evaluations of Responses. B.39 Employment of FDLE Personnel The Contractor shall not knowingly engage, on a full or part-time basis, any personnel who are in the employment of FDLE, without prior written approval of FDLE. Further, the Contractor shall not knowingly engage any former employee of FDLE where such employment conflicts with the requirements of section , Florida Statutes. B.40 Respondent s Responsibility It is understood and the Respondent hereby agrees to be solely responsible for obtaining all materials and determining the best methods that will be utilized to meet the intent of the requirements of this solicitation. B.41 Accessible Electronic Information Technology Respondents submitting replies to this solicitation must provide electronic and information technology resources in complete compliance with the accessibility standards provided in Rule , F.A.C. These standards establish a minimum level of accessibility. B.42 Definitions Florida Department of Law Enforcement (FDLE). Department Business Hours: Typically 8:00 A.M. through 5:00 P.M., Monday through Friday, during which time FDLE conducts routine business. Department Non-Business Hours: Typically holidays, weekends, and night time frames in which FDLE is closed to conducting routine business. Department Observed Holidays: The following holidays are currently observed by FDLE. If any of these holidays fall on a Saturday, the preceding Friday is observed. If any fall on a Sunday, the following Monday is observed. Page 21 of 86

22 New Year s Day Martin Luther King Day Memorial Day Independence Day Labor Day Veteran s Day Thanksgiving Day and the following day Christmas Day Confidential Information: Information which is protected from disclosure as a public record by law including information which is named as confidential or confidential and exempt from disclosure as a public record under the Florida Statutes. Contract: A written agreement between FDLE and the Contractor, including all documents, exhibits and attachments specifying services to be performed or provided by the Contractor, billing rates for these services and the manner in which the Contractor shall be compensated for these services, executed by both the Contractor and FDLE. Contract Manager: The person designated by FDLE who is charged with monitoring a contract through the term of the Contract and who is specifically responsible for enforcing performance of the contract terms and conditions, and maintaining all financial information, i.e., payment history, payment method, payment tracking, etc. The Contract Manager serves as the liaison between FDLE and the Contractor regarding performance issues contained in the contract. Contractor: The person or entity that enters into a contract to sell commodities or contractual services to FDLE. Invoice: Contractors itemized document stating prices and quantities of goods and/or services delivered, and sent to FDLE for verification and payment. Respondent: The person or entity submitting a proposal in response to a Request for Proposal. Response: The offer extended to FDLE in response to a Request for Proposal. Responsive Bid: A bid submitted by a responsive and responsible vendor that conforms in all material respects to the solicitation. Responsible Vendor: 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. Responsive Vendor: A vendor that has submitted a bid, proposal, or reply that conforms in all material respects to the solicitation. Subcontractor: A person or entity contracting to perform part or another s entire contract, upon Department approval. Page 22 of 86

23 Vendor: A person or entity that sells or offers to sell commodities or contractual services. Vendor Bid System (VBS): The system which allows all state agencies to advertise bids and exceptional purchases on MyFlorida.com. It also permits registered vendors to receive automatic notification of bid advertisements, addendums to bids, and exceptional purchases. B.43 Strict Enforcement FDLE reserves the right to enforce strict compliance with any requirement of this solicitation. Page 23 of 86

24 SECTION C Florida Department of Law Enforcement Information Technology Services Statement of Work IT Service Management (ITSM) Software Product and Consulting Services 2/28/2014 Page 24 of 86

25 Table of Contents C.1 Overview 26 C.2 Acronyms / Definitions 27 C.3 FDLE Requirements 28 C.4 Contractor Responsibilities 33 C.5 Project Schedule 40 C.6 Compensation and Payment Provisions 40 C.7 FDLE Responsibilities 42 C.8 Facilities 44 C.9 Issue Management 44 C.10 Change Management 44 C.11 Maintenance and Support Services 46 C.12 Appendices 47 Page 25 of 86

26 C.1 Overview C.1.1 Introduction Florida Department of Law Enforcement s (FDLE) Office of Information Technology Services (ITS) provides enterprise technology services critical to Florida s law enforcement community within FDLE, to other law enforcement entities, and Florida s citizens. The Office of Information Technology Services (ITS) currently operates an on-premise IT Service Management (ITSM) product that was originally acquired in the late 1990s. That product (BMC Service Desk Express or SDE) has undergone a number of name changes over the years as part of company acquisitions. Maintenance support for BMC SDE was scheduled to end in After the sale of BMC to a financial group in Spring 2013, maintenance support is now scheduled to end in May The BMC Service Desk Express (SDE) product is licensed for 60 concurrent users for approximately 159 ITS employees. ITS currently supports approximately 1829 FDLE employees (internal customers), 1300 state and federal law enforcement entities (external customers), and the public. Approximately half of the FDLE internal customers are headquartered within Tallahassee, FL. The remaining FDLE employees are located throughout 7 regions within Florida: Pensacola, Jacksonville, Ft. Myers, Miami, Orlando, Tampa, and Tallahassee. All ITS support staff is located within Tallahassee with the exception of approximately 11 second level analysts (approximately 1-2 second level analysts per region). ITS operates a centralized 24 hours/7 days a week first level support Help Desk (known as the Customer Service Center or CSC). CSC receives requests for assistance by phone, , and self-service (internal customers only) via the FDLE Intranet. Currently tickets are created by both manual input by CSC analysts and self-service (internal employees only). The Help Desk assigns tickets to second level support teams (network, server, programming, etc.). All second level analysts within the specified team are notified via when a ticket is assigned to their team. The appropriate second level analyst within the specified team that will work on the ticket then retrieves the ticket from the queue and re-assigns the ticket to her/himself. FDLE ITS plans to acquire a new IT Service Management product, services to help implement and operate the product, and maintenance services. C.1.2 Objectives and Scope The objectives of this project are: To acquire an ITSM suite that meets FDLE s requirements, To obtain planning, configuration, implementation, production deployment services, To obtain user training for FDLE s Customer Support Center, To obtain system administration training for FDLE s IT support staff, and To establish a maintenance and technical support program for the ITSM suite. Page 26 of 86

27 C.1.3 Scope The following elements are considered to be within the scope of this project: ITSM software product System architecture diagram Business analysis assistance with regard to impact analysis, gap analysis and data analysis Workflow Analysis and Diagrams for Incident Management Assistance to develop the Incident Management configuration and implementation timeline Training on Incident Management for technical support team, help desk, and system administrator(s) Product installation, configuration and implementation Assistance with data integration activities including but not limited to testing, data scrubbing, interface build, and importation of Active Directory or flat file data. Documentation that meets FDLE standards and best practices (data dictionary, process flow diagrams, implementation specifications, etc.) Define, develop and produce automatic reports for Incident Management key performance indicators Define, develop and produce automatic customer notifications and surveys upon ticket closures Test plan that incorporates but is not limited to software testing, stress testing and user acceptance testing Equipment and third-party software required to host and operate the ITSM software is not in scope for this engagement. FDLE plans to acquire equipment and third-party software through other suppliers. C.1.4 Contract Type The contract resulting from this Statement of Work will be firm fixed price. FDLE agrees to pay fees for Services performed by Contractor in accordance with the schedule of fixed fees included in the contract resulting from this Statement of Work. FDLE does not agree to pay attorney fees, late charges, service fees and/or costs of collection. Except as required by Section , Florida Statutes, or as otherwise required by law, FDLE shall not be liable for interest. C.2 Acronyms / Definitions C.2.1 Acronyms The following acronyms are used throughout this Statement of Work: FDLE: Florida Department of Law Enforcement ITS: Office of Information Technology Services CSC: Customer Support Center ITSM: Information Technology Service Management BSE: Business Systems Engineering SME: Subject Matter Expert ITIL: Information Technology Infrastructure Library Page 27 of 86

28 C.2.2 Definitions The following terms and definitions are used in this Statement of Work: Information Technology Service Management (ITSM) tools: A software suite of tools which enables an enterprise to manage their customer support center/help desk, incidents, problems, request for changes, service requests, assets, service level agreements, etc. The tools include, but are not restricted to: Incident Management Knowledge Management Asset Management Service Level Management (SLM) Service Request Problem Management Change Management Service Level Management The processes of documenting an incident and resolving the incident and restoring functionality as quickly as possible. Helps to channel raw data into meaningful information and provides the CSC with tools to continually improve customer Satisfaction. A process for monitoring IT assets. Records include the purchase price, purchase date, customer name, property tag, serial number, business unit and location. The process of defining, agreeing, documenting and managing the levels of service that are required and are cost justified. A request from a user for support, delivery, information, advice or documentation, which is not related to a failure in the IT infrastructure. Process that minimizes the effect on Customers of defects in services and within the infrastructure, human errors and external events. Process of controlling Changes to the infrastructure or any aspect of services, in a controlled manner, enabling approved Changes with minimum disruption. Written agreement between a service provider and the Customer(s) that documents agreed service levels for a service. C.3 FDLE Requirements C.3.1 The Information Technology Services (ITS) seeks an on-premise ITSM solution which shall increase ITS efficiency and include flexibility in usage, access, customization, and reporting. The solution shall incorporate full-function, integrated ITIL framework. The IT Service Management (ITSM) solution shall include the following critical success factors. Please see Section 3.3 FDLE Requirements Processes and Functions for a complete list of requirements: ITIL integrated framework Page 28 of 86

29 Must retain all current workflow capabilities as defined in Appendix A Work Load Statistics. FDLE requires a commercial ITSM solution that contains the following processes and functions within an ITSM solution: o Incident Management o Self-Service Management o Asset Management o Knowledge Management o Problem Management o Change Management, and o Service Level Management. FDLE plans to implement ITIL processes in phases. The proposed solution must configure and implement processes and functions specified in C.3.3 FDLE Requirements Processes and Functions Phase 1. Those processes and functions specified as TBD in C,3.3 FDLE Requirements Processes and Functions will not be in the scope of Phase 1. C.3.2 FDLE requires an ITSM solution that can utilize strategic partners for implementation and configuration. Server Application Administrator Sub-Administrator (SME) Administrator Vendor Responsibility BSE Responsibility Server Patches Patches/Software Upgrades Create Management Reports Software Upgrades Customization of Forms Enter/Maintain Customers Customization of work flow for automated Maintain Categories tasks such as surveys, template routing, notifications on closures, alerts. Establish (create original) permissions for customers/support staff/groups Coordinates Vendor during establishing permissions & Maintain Support Staff & Groups knowledge transfer All programming or work flow support All check box support Test Environment Cases Database Work (example: installations, upgrades, patches) issues. Software duties during implementation Planning Server team assist vendor with Integration (Exchange, AD) Executes test cases Database group assist vendor with database integration (flat files) Coordinates Vendor with Software implementation & knowledge transfer Coordinates Vendor during planning BSE coordinates vendor with Integration (flat files) Coordinates creation of test cases between SME & vendor issues. Assists vendor with Knowledge Transfer (training) Assists vendor during planning sessions. C.3.3 FDLE requires a commercial ITSM solution that utilizes ITIL methodology and all processes and functions described in the table below must be included in the product, but those processes and functions specified as TBD or Phase II will not be configured in Phase 1. Page 29 of 86

30 Processes and Functions Incident Management Automated Manager Alert on Status of Outstanding Ticket Time spent/time to Resolve field required Internal Customer User ID creation by import or dynamic link from Active Directory External (other law enforcement entities) User ID creation by import or dynamic link from Oracle flat file Must be able to implement role based security for the service desk application with enough granularities to grant access levels to views, tickets, fields, and other component of the system. There must be a full audit trail of all changes made to tickets/tasks. This includes providing a change date and who has made the change. Must be able to add attachments to incidents (PDF, WORD, EXCEL, binary data [such as JPEG] Must be able to perform keyword search of all tickets or filter tickets/ incidents based on specific user defined criteria. Such as display all incidents that have server X in their description. Ability to easily clone incident or request tickets Automated Customer Survey: Ability to send to internal customers only or both internal and external. Automated reports of survey results. Differentiate Incident & Request tickets. System administrator must be able to customize notifications. Ability to send automated notifications to multiple recipients at once: An to customer and requester upon ticket creation and resolution. Implementation of custom categories of incident or task type and the ability to apply different business rules to those categories. Automated Scheduling and Delivery of Reports: Daily/Monthly/Annual Total # tickets Opened Monthly open calls by bureau/section/group & assigned tech Monthly All calls assigned to bureau/section/group assigned tech Weekly open tickets for section Quarterly all calls received by a law enforcement entity by region Ad hoc reports: incidents or requests by category or user First call resolution Customer call history All reports incidents only or requests only or both specified Ad hoc report: category by city or region Open calls: Category by priority level Tickets closed by a tech/group over a specified date range Tickets created by specified time period(s) Auto-Schedule and Run Reports and auto delivery to report recipient. Ability to export reports into Excel or PDF formats Manager Dashboard Customizable by User or Administrator to Display Manager Viewing Preference. Must include, but not limited to: Open tickets for team Open tickets for support individuals on team Incident Templates IT process automation/workflow (multiple tasks for common requests such Phase Phase I Phase I Phase I Phase I Phase I Phase I Phase I Phase I Phase I Phase I Phase I Phase I Phase I Phase I Phase I Phase I Phase I Phase I Phase I Phase I Phase I Page 30 of 86

31 Processes and Functions as: new member setup VPN New CJNet setup Create incident ticket from automatically Ticket displays client street address/city Ticket displays external client region Ticket displays external client mnemonic Ticket displays client phone number Ticket displays customer name & separate requester name fields Stamp ITSM user & date/time for all modifications to ticket (creator/status changes/comments/notes/resolution) Status field Urgency/Priority Level field and automated alerts Resolution field is required to close ticket Internal Customer info linked from Active Directory External Customer info imported from flat file VIP customer alert Full audit trail of all changes made to tickets/tasks. This includes providing a change date and time and who has made the change. Ability to make fields mandatory. Attach documents (PDF, WORD, EXCEL, binary data (such as JPEG), ) to ticket Keyword search of description and resolution fields Assign tickets to teams or individuals Differentiate customers, including on reports: Internal individuals within FDLE, external law enforcement agencies, and public individuals. External agency includes reporting on region locations. Mobile App for 2 nd level technician use Chat Self Service Request Management Internal FDLE customers External customers Customized portal with agency logo and color scheme. Must allow customer functional access to portal using mobile devices to perform self service requests. Must be able to view tickets on the portal based on customer account number(s). Asset Management Import flat files or discovery tool plug-ins Knowledge Management Internal Support team Customer Self-Help Problem Management Change Management Service Level Management Phase Phase I Phase I Phase I Phase I Phase I Phase I Phase I Phase I Phase I Phase I Phase I Phase I Phase I Phase I Phase I Phase I Phase I Phase I Phase I Phase II Phase II Phase I Phase I Phase II Phase II TBD TBD TBD TBD TBD TBD FDLE s current and projected work load statistics are provided in Appendix A. C.3.4 The ITSM solution must operate in the computing environment specified below: Page 31 of 86

32 The solution must be implemented and operate on-site (at FDLE). Software as a Service (SaaS) options will not be considered. Use either Microsoft Windows Server (v 2008 R2 or higher) or Redhat Enterprise Linux (v 6.0 or higher) for its operating system. Use either Microsoft SQL Server (v 2008 R2 or higher) or Oracle Enterprise Edition Server II Release 2 or higher for its database. Database middleware must be compatible with the JBoss Enterprise Application Platform or Microsoft IIS. Provide the user interface through Microsoft Internet Explorer (v 9 or higher) and FireFox. Meet security requirements specified in Appendix B. C.3.5 Contractor shall provide system architecture diagram, describing the host hardware and systems software required to effectively operate and maintain the proposed solution. The diagram should address both a development/test environment and production environment. C.3.6 Contractor shall validate requirements and recommended hardware and thirdparty software required to host and operate the ITSM software. C.3.7 Contractor shall provide professional services to install and configure the proposed solution in the development/test and production environments. C.3.8 Contractor shall provide training services to include training for users of the proposed solution, application administrators, and IT support staff. C.3.9 Contractor shall provide maintenance and technical support services for the proposed solution. Services shall include, Telephone and access to Contractor engineers and technical support staff, Solution diagnostics and troubleshooting, Product alerts and bulletins, and Product updates such as patches, enhancements, and new releases. Section C.4.1 of this statement of work specifies the deliverables associated with these requirements. Page 32 of 86

33 C.4 Contractor Responsibilities The Contractor is responsible for planning, managing, delivering, installing, configuring, and testing the new ITSM solution. Deliverables associated with this project are described in the subsections below. The Contractor may recommend modifications to the organization of these deliverables. Modifications to these deliverables will take effect only upon written agreement by FDLE and the Contractor. All written deliverables will be provided in the following electronic formats: Microsoft Word for text Microsoft Excel for spreadsheets Microsoft Project for schedules Microsoft PowerPoint for presentations Microsoft Visio for diagrams C.4.1 Deliverables Project Management, Implementation, and Test Plans DELIVERABLE 1 - PROJECT MANAGEMENT PLANS The list of project management deliverables that shall be supplied by the Contractor is provided below. The Project Management Plan document and the Project Schedule shall be completed within 30 calendar days of Contract signing. Upon FDLE approval a baseline of the Project Schedule will be provided by the Contractor to the FDLE, and subsequently maintained by the Contractor. Deliverables Description Acceptance Criteria Requirements Validation Document System Architecture Document Project Management Plan Provide documents that, at a minimum, address the following: Requirements Validation documents the Contractor s understanding of FDLE s requirements. System Architecture must specify a list of recommended equipment: hardware and software required to effectively host and operate the ITSM software. Activities and Schedule Identifies the work plan, key activities, responsible parties, key overall milestones, schedule, and dependencies for the overall project. Meets all required specifications Documented approval by FDLE s Project Manager Page 33 of 86

34 Project Management, Implementation, and Test Plans The list of project management deliverables that shall be supplied by the Contractor is provided below. The Project Management Plan document and the Project Schedule shall be completed within 30 calendar days of Contract signing. Upon FDLE approval a baseline of the Project Schedule will be provided by the Contractor to the FDLE, and subsequently maintained by the Contractor. Deliverables Description Acceptance Criteria The Work and Resource Breakdown Structures should clearly organize the project activities and resources. Outputs include activity definition, activity sequencing, activity resource estimating, and activity duration estimating to be used for developments of the Schedule. The project schedule will be a document with (at minimum) a master schedule describing all project activities that will occur for the duration of the project. It will be in Microsoft Project format and organized in accordance with the Work Breakdown Structure and lay out all key activities, start and end dates, responsible parties, milestones, dependencies, and percentage complete of activities for the overall project (plan, design, implement, test, train, deploy, operate, support, and maintain). The Schedule will contain detailed activity descriptions for all project tasks and will be organized by Phase. The plan will be divided at the outline level such that it will be easy to collapse selected Phases (if necessary). The Project Schedule must identify FDLE and Contractor staff resources, time necessary for deliverable review and approval and time that will be required to test and implement the proposed solution. This should include a classification of positions (e.g. end user, network administrator, database analyst), duration, percent of time required, and specific field(s) of knowledge (e.g. business processes or technologies). Implementation Plan Key components of the plan shall, at a minimum, include: o Key staff assigned to implementation of the proposed solution o Schedule of Activities o Hardware (to be provided by FDLE) Inventory Product Description Quantity Installation process o Software Inventory Product Description Meets all required specifications Documented approval by FDLE Project Manager Page 34 of 86

35 Project Management, Implementation, and Test Plans The list of project management deliverables that shall be supplied by the Contractor is provided below. The Project Management Plan document and the Project Schedule shall be completed within 30 calendar days of Contract signing. Upon FDLE approval a baseline of the Project Schedule will be provided by the Contractor to the FDLE, and subsequently maintained by the Contractor. Deliverables Description Acceptance Criteria Classification Manufacturer Version Number Quantity Installation process Configuration of ITSM software o System Testing o Training End User Application Administrators System Administrators System Test Plan o Key components of the plan are: Scope of Testing Approach for Testing Features and functions to be tested Test Cases Roles and responsibilities Test location(s) Test Environment Schedule Documentation of Test Results Defect Tracking and Reporting Review and approval process Documented approval by FDLE Project Manager Page 35 of 86

36 DELIVERABLE 2 DELIVER AND INSTALL SOFTWARE IN TEST ENVIRONMENT Deliverables Description Acceptance Criteria Deliver Software Product(s) to FDLE Software Installed in Test Environment System Test Results The Contractor shall deliver, install, and configure the ITSM product and include the set-up of roles, profiles, workflows, templates, screen designs, and reports in the test environment as defined in the 3. FDLE Requirements section. The Contractor will then demonstrate software functions and assist FDLE in System Testing. Key elements of System Test Results shall include: A summary of test results and issues Detailed list of defects, organized by severity level, including a short description, the person responsible for resolution and the planned method for resolution List of all tests completed that executed successfully List of all tests completed that executed and failed List of all tests where the test results are under investigation Meets all required specifications Documented approval by FDLE Project Manager The system must operate for 14 continuous calendar days with no severity level 3, 4, or 5 defects. In the event that one or more severity level 3, 4, or 5 defects are found during the 30 day User acceptance period, the acceptance process will be halted until the defect(s) are corrected. Once corrected, the 30 day acceptance period will be restarted and the system must operate for 30 days from that restart date with no severity level 3, 4, or 5 defects to successfully complete the acceptance test. List of all tests on hold or not executed, including the reason List of all tests blocked, or unable to execute, including the reason List of all outstanding tests with execution status and planned test schedule Test Run Statistics, indicating the percent complete of the various procedures and other accumulative test run statistical metrics Refer to Appendix C - Defect Severity Levels. Severity Level 3, 4, and 5 defects must be corrected by the Contractor. Severity level 1 and 2 defects will be corrected by the Contractor provided that no severity level 3, 4, and 5 defects have been documented. If severity level 3, 4, or 5 defects are documented, Contractor will not be required to correct Severity level 1 and 2 defects. Contractor submits Deliverable Acceptance Form to the FDLE Project Manager. Page 36 of 86

37 DELIVERABLE 3 TRAINING AND KNOWLEDGE TRANSFER Deliverable Description Acceptance Criteria Training and Knowledge Transfer The Contractor shall provide hands-on administration training. The administration training is an in-depth knowledge transfer from the vendor to a business analyst so that the latter can own the application without requiring additional services or assistance for future solution configuration. The Contractor shall provide business analyst/administrator with system configuration documentation. Meets all required specifications Documented approval by FDLE Project Manager The Contractor shall provide IT team members Training (Super Users). Contractor will provide training to a group of super-users. The objective is to train a group of advanced users who are then able to train users, assist users and process owners in their tasks. Contractor will provide one train the trainer session per process implemented. The Contractor shall provide IT team members Training (Super Users) with user manuals. DELIVERABLE 4 DELIVER AND INSTALL SOFTWARE IN PRODUCTION ENVIRONMENT Deliverables Description Acceptance Criteria Deliver Software Product(s) to FDLE Server Configuration Instructions ITSM Software Installation Instructions The Contractor shall deliver ITSM software installation in the production environment. Refer to Appendix C - Defect Severity Levels. Severity Level 3, 4, and 5 defects must be corrected by the Contractor. Severity level 1 and 2 defects will be corrected by the Contractor provided that no severity level 3, 4, and 5 defects have been documented. If severity level 3, 4, or 5 defects are documented, Contractor will not be required to correct Severity level 1 and 2 defects. The Contractor shall also provide instructions for installing and configuring the ITSM software and hardware on host platform. This includes the set-up of roles, profiles, workflows, templates, screen designs, and reports in the test and production environment. The Contractor will also participate in FDLE s Change Control process to review readiness for establishing the production system. Meets all required specifications Documented approval by FDLE Project Manager in both test and production environments. The system must operate for 14 continuous calendar days with no severity level 3, 4, or 5 defects. In the event that one or more severity level 3, 4, or 5 defects are found during the 30 day User acceptance period, the acceptance process will be halted until the defect(s) are corrected. Once corrected, the 30 day acceptance period will be restarted and the system must operate for 30 days from that restart date with no severity level 3, 4, or 5 defects to successfully complete the acceptance test. Page 37 of 86

38 DELIVERABLE 5 - OPERATIONAL ACCEPTANCE TEST FDLE will use the ITSM product for a period of 30 calendar days. This will be an Operational Acceptance Test of the ITSM software. Deliverable Description Acceptance Criteria Operational Acceptance Test Results FDLE will use the ITSM product in a production environment to perform all functions specified in Section 3. FDLE Requirements. FDLE users will document defects and issues with the system and notify the FDLE Project Manager. The FDLE Project Manager will review defects and issues and assign a severity level to the defects. The FDLE Project Manager will submit documented defects and issues to the Contractor on each Tuesday and Thursday of the User Acceptance Test Period. Documented defects and/or issues will be reviewed at weekly project status meetings involving the Contractor and FDLE staff. Refer to Appendix C - Defect Severity Levels. Meets all required specifications The system must operate for 14 continuous calendar days with no severity level 3, 4, or 5 defects. In the event that one or more severity level 3, 4, or 5 defects are found during the 30 day User acceptance period, the acceptance process will be halted until the defect(s) are corrected. Once corrected, the 30 day acceptance period will be restarted and the system must operate for 30 days from that restart date with no severity level 3, 4, or 5 defects to successfully complete the acceptance test. Documented approval by FDLE Project Manager Severity Level 3, 4, and 5 defects must be corrected by the Contractor. Severity level 1 and 2 defects will be corrected by the Contractor provided that no severity level 3, 4, and 5 defects have been documented. If severity level 3, 4, or 5 defects are documented, Contractor will not be required to correct Severity level 1 and 2 defects. Issues will be addressed by the Contractor as time permits. Contractor submits Deliverable Acceptance Form to the FDLE Project Manager. ITSM Software License Upon FDLE acceptance of commercial software, the Contractor shall provide the license agreement, inclusive of warranty documentation. Documented receipt by the FDLE Project Manager Page 38 of 86

39 Performance Measures Deliverable Performance Measures Standard 1 - Project Management Plans Activities completed vs. Activities planned at a point in time. Deliverables completion date. 90% of activities are completed by date planned. Deliverables are completed and accepted by FDLE by date planned. 2 - Deliver and Install Software in Test Environment Deliverables completion date. Deliverables are completed and accepted by FDLE by date planned. 3 - Training and Knowledge Transfer Activities completed vs. Activities planned at a point in time Deliverables completion date. 90% of activities are completed by date planned. Deliverables are completed and accepted by FDLE by date planned. 4 - Deliver and Install Software in Production Environment Deliverables completion date. Deliverables are completed and accepted by FDLE by date planned. 5 - Operational Acceptance Test Deliverables completion date Defects identified through testing. Deliverables are completed and accepted by FDLE by date planned. 100% of Severity Level 3, 4, & 5 defects are resolved. Page 39 of 86

40 C.4.2 Contractor Personnel C.5 Project Schedule The Contractor shall identify key project staff in their proposal. The roles are: Executive Manager Project Manager Contract Administrator FDLE expects that all nominated Contractor key project staff will be available for the lifetime of the project under reasonable circumstances. Contractor will require written authority in the form of an approved project change request, identifying the staff concerned, from FDLE Executive Management to make any changes to key project staff following contract signing. Contractor personnel assigned to work on this engagement at FDLE facilities or who have access to FDLE information systems will be permitted to work only upon successful completion of an FDLE background investigation. FDLE reserves the right to approve all Contractor and subcontractor project staff. FDLE also reserves the right to require that a particular Contractor or subcontractor staff member be replaced from the project, with costs associated with knowledge transfer to be covered as the responsibility of the Contractor. Turnover of Contractor staff, including subcontractors, shall not obligate FDLE to pay additional cost or accommodate schedule delays. Assuming that contract signing takes place on or before July 15, 2014, FDLE proposes that this engagement be completed by October 31, However, FDLE recognizes that the baseline schedule will be established by mutual agreement in the contract that results from this RFP. C.6 Compensation and Payment Provisions The contract resulting from this statement of work shall be firm fixed price. Upon written notice of acceptance by FDLE, Contractor may issue an invoice to FDLE. FDLE agrees to issue deliverable payments once the deliverables are received and approved by FDLE. Payment will be made in accordance with Section , F.S, which specifies that the State will issue a warrant in payment of an invoice within 40 days after receipt of an invoice and receipt, inspection, and approval of the goods and services. FDLE requests that Contractor submit a proposed payment schedule that includes deliverables, proposed completion dates, and payment amount. The following is an example: Page 40 of 86

41 Deliverable # Deliverables Payment Date Payment Amount 1 Project Management Plans 2 Deliver & Install Software in Test Environment 3 Training & Knowledge Transfer 4 Deliver & Install Software in Production Environment 5 Operational Acceptance Test Total = Additional services not included in the Deliverables may be ordered by FDLE at a rate for services to be agreed upon in writing between FDLE and the Contractor. C.6.1 Financial Consequences Section (1)(h) F.S., requires FDLE to specify financial consequences if CONTRACTOR fails to perform in accordance with the contract. Proposed financial consequences are shown in the table below. Deliverables Financial Consequences 1. Project Management Plans FDLE withholds 5 % of payment. (a) 2. Deliver & Install Software in Test Environment NA 3. Training & Knowledge Transfer NA Deliverables are completed and accepted by FDLE by date planned. 4. Deliver & Install Software in Production Environment FDLE withholds 5% of payment. (a) 5. Deliverables are completed and accepted by FDLE by date planned. 6. Operational Acceptance Test FDLE withholds 5 % of payment. Deliverables are completed and accepted by FDLE by date planned. (a) Contractor may earn back 10% credit if Operational Acceptance Testing is completed and FDLE accepts system by date planned. 7. Maintenance Services Contractor provides 5% credit on next scheduled maintenance service payment. Page 41 of 86

42 C.6.2 Travel Expenses The Contractor will be responsible for all travel expenses incurred by Contractor personnel who work on the contract resulting from this statement of work, unless otherwise agreed to, in writing and in advance, by FDLE. FDLE will assume responsibility for all travel expenses, if any, incurred by FDLE personnel assigned to this project. C.6.3 Invoice Requirements Contractor invoices must include the information described below. Contractor s Name and remit to address Contractor s FEID number Contract Number Deliverable number and description Payment amount A copy of the Deliverable Acceptance Form signed by FDLE and Contractor C.7 FDLE Responsibilities FDLE will be responsible for the following: Provide the facility and infrastructure to house and operate the ITSM solution. Assign an FDLE Project Manager Inspect project deliverables Provide consultation regarding project status, risks, and issues Notify the Contractor when invoice(s) may be transmitted Process invoices as required by Florida law Key FDLE personnel are identified below and names will be provided prior to contract execution: FDLE Executive Management Project Manager Systems Administrator Business Systems Engineering Contract Administrator C.7.1 Inspection of Deliverables The authorized signatory for FDLE approval and acceptance of service(s) / deliverable(s) is FDLE s Project Manager. The Contractor shall perform service(s) and produce deliverable(s) in accordance with the Contract resulting from this SOW and will perform such service(s) in a professional manner consistent with recognized industry standards and methods. The Contractor is responsible for notifying FDLE in writing when deliverables are ready for inspection. Page 42 of 86

43 The FDLE shall at its earliest opportunity review service(s) / deliverable(s) for compliance with the Contract requirements, per the following process: Preliminary Review: The Contractor shall provide each deliverable to the FDLE Project Manager for a preliminary review. FDLE will provide a summary comment statement regarding the state of the deliverable and any major issues that need to be addressed. The time for FDLE review shall be five (5) business days. Final Review: When complete, the Contractor shall provide each deliverable to the FDLE Project Manager for final review. The FDLE will have seven (7) business days to review hardware / software / service deliverables, and seven (7) business days to review a document deliverable consisting of one (1) to two hundred fifty (250) pages. Every additional increment of up to fifty (50) pages will allow for one (1) additional day of review [for example, two hundred fifty one (251) to three hundred (300) pages would be eight (8) business days for review]. The FDLE will review the deliverable and return the document with comments. The Contractor will then submit the updated deliverable with redlines to the FDLE Project Manager. The FDLE Project Manager will then redistribute to the FDLE Reviewer(s). The Commented and Redlined document will be the means by which changes and comments concerning the deliverable will be tracked and communicated between the FDLE and the Contractor. C.7.2 Deliverables Acceptance Process After the FDLE Project Manager notifies the Contractor that FDLE is prepared to accept a deliverable, the Contractor will submit a Deliverables Acceptance Form to the FDLE (See Appendix E), for each deliverable. The form will be reviewed and signed and the decision field will be marked with the appropriate checkbox (accepted or accepted with modifications). If the deliverable is accepted with modifications, a resolution date will be provided to the Contractor as specified by the FDLE Project Manager. Signatories for the Formal Acceptance Form are as follows: FDLE: Project Manager (or designee) Contractor: Project Manager Upon FDLE acceptance of the final deliverable, the Contractor shall provide the license agreement, inclusive of warranty documentation. The FDLE Contracts Manager shall provide the signed Deliverables Acceptance Form to the Contractor, Office of General Services / Contracts, and the Office of Finance and Accounting. If service / deliverable issues continue to be documented by FDLE one-hundred and twenty (120) calendar days after the start of Operational Acceptance Testing, then the FDLE, at its sole discretion, may: Terminate the Contract; Page 43 of 86

44 C.8 Facilities Extend the acceptance period; or Accept the service(s) / deliverable(s) at their current level of performance and at a negotiated price commensurate with that level of performance. If the FDLE accepts the ITSM solution at its then current level of performance, the FDLE may submit to the Contractor an equitable adjustment to the cost. The Contractor may accept or reject the adjusted cost submitted by the FDLE. In the event that the Contractor rejects the FDLE s adjusted cost, the Contract shall be terminated and the FDLE shall be liable for no additional charges. Work outlined in this SOW will take place in a Contractor facility located within the continental United States and in the FDLE headquarters facility located at 2331 Phillips Road, Tallahassee, Florida. While Contractor personnel are present at the FDLE HQ facility, they will be provided an appropriate area to conduct tasks necessary to complete the work outlined in this SOW. C.9 Issue Management In the event that disputes or performance issues arise, the FDLE Project Manager will document and deliver the specific issue(s) to the Contractor Project Manager. The Contractor will be given the opportunity to address and resolve the issue(s) within a reasonable time. Issues associated with FDLE s performance under this Contract will be documented by the Contractor and delivered to the FDLE Project Manager. The FDLE will be given the opportunity to address and resolve the issue(s) within a reasonable time. Issues will be documented in an Issues Log which will be maintained by FDLE. If a dispute or issue(s) is not resolved between the FDLE Project Manager and the Contractor Project Manager, the dispute(s) or issue(s) may be escalated through the escalation levels provided in the table below. The Contractor shall include the position titles for levels 2 and 3 in the Project Management Plan. ISSUE ESCALATION Level FDLE Contractor 1 Project Manager Project Manager 2 Chief Information Officer Executive Manager 3 Assistant Commissioner Senior Corporate Executive C.10 Change Management FDLE will coordinate and lead project change control activities. This will include documentation of change requests that will describe the nature and scope of changes, justification for changes, and the expected impacts of the request on the project schedule and budget. Change requests will be associated with a previously raised Issue or Risk that is documented on the Issues and Risks register. All change requests will be tracked by the FDLE Project Manager throughout the life of the project regardless of status. The Contractor may also initiate change requests as required. Page 44 of 86

45 By way of example, and without limitation, changes may include the following: Any activities not specifically set forth in this SOW Providing or developing any deliverables not specifically set forth in this SOW Change in requirements as stated or referenced by this SOW Any change in the respective responsibilities of Contractor and FDLE set forth in this SOW, including any reallocation or any changes in engagement or project manager staffing Any rework of accepted/approved deliverables A scope change is defined as a change to the original boundaries of the project, as defined by the contract and this SOW, which changes the budget, schedule and/or contract requirements. Scope changes will be identified at the start of the change management process. C.10.1 Change Request Initiation: Project change requests to this SOW may be initiated by FDLE or the Contractor. Project change requests will be documented in writing and must identify cost, schedule, need for the requested changes, and be clearly labeled as a project change request. Scope changes must also be clearly identified in the request. The FDLE Project Manager will assign a change request number. C.10.2 Change Impact Estimation: Each project change request must be reviewed by both parties to decide whether to proceed with the requested changes. Contractor will evaluate the impact of project change requests to determine impact on scope, schedule, and cost and provide any other necessary details. For those change requests that impact scope, schedule, or cost, Contractor will submit to the FDLE Project Manager a written estimate based on this evaluation. C.10.3 Approvals and Acceptance: FDLE may, at its sole discretion, approve or decline the change request. Only those project change requests that have been approved in writing by the Contractor and FDLE will be considered authorized changes to this statement of work. No request for any alteration, modification or additional work which will change the scope, schedule, or cost will be valid unless the resulting change has been approved by FDLE in the form of a contract amendment. C.10.4 Change Management Review Process: Contractor will submit a formal change request to the FDLE Project Manager using the Change Request Form included in this statement of work as Appendix D. Any additional materials Contractor submits with the change request will be noted as attachments. The change request will be reviewed by the FDLE Project Manager Page 45 of 86

46 The FDLE Project Manager will determine how much time it will take to analyze the change request. The analysis associated with the Project Change Request will include the business benefit, implications of not making the change, impacts to the project (including budget, schedule, and/or contract requirements), as well as alternatives. If the time required to perform the analysis will not cause deliverable dates to slip, then the FDLE Project Manager will complete the analysis with assistance from the Contractor. If the time required to perform the analysis will cause deliverable dates to slip, then the FDLE Project Manager will inform the Contractor in writing and pass the request on to FDLE Executive Management for consideration without the completion of the full change request analysis. The FDLE Project Manager will present the analysis or the request to FDLE Executive Management for their guidance and direction. All project change requests impacting cost, schedule or scope must be referred to FDLE Executive Management for approval. If FDLE Executive Management decides to proceed with the change or an alternative, then the FDLE Project Manager will inform Contractor in writing. Based on the resolution or recommended course of action, the FDLE Project Manager or the Contracts Manager will make any required adjustments to the budget, schedule, contract and/or statement of work. Any Project Change requests impacting cost, schedule or scope will require an amendment to the contract requiring the signature of both parties. If FDLE Executive Management decides not to proceed with the change or an alternative, then the FDLE Project Manager will inform Contractor in writing. FDLE Executive Management can close a change request, but suggest that it be reviewed later. The FDLE Project Manager will include a review of the open change requests at Project Status Review. C.11 Maintenance and Support Services Contractor may submit their standard maintenance and support contract to FDLE. Maintenance service will start upon FDLE s written acceptance of the ITSM software product and services as specified in deliverable 5 Operational Acceptance Test. The term of the maintenance contract will be two (2) years, with an option to renew for three (3) additional years. The vendor will be required to correct any defect level 1s and 2s within the first year of maintenance. Section (1)(h) Florida Statutes, requires FDLE to specify financial consequences if the Contractor fails to perform in accordance with the contract. Page 46 of 86

47 If Maintenance and Support Services specified in this Contract are not met due to factors solely attributable to the Contractor, FDLE will withhold 10% of the next monthly fee as specified in the contract. C.12 Appendices Appendix A - Work Load Statistics Appendix B - Information Security Appendix C - Defect Severity Levels Appendix D - Project Change Request Form Appendix E - Deliverable Acceptance Form Appendix F CJIS Security Policy Requirements for COTS Page 47 of 86

48 APPENDIX A Help Desk Stats Agency Staff Agency Count State Staff 1,709 Temporary (OPS) Staff 90 Contract Staff 30 Agency Totals 1,829 IT (Subset of Agency) State Staff 121 Temporary (OPS) Staff 8 Contract Staff 30 IT Totals 159 Help Desk (Subset of IT) Day Shift 9 Evening Shift 7 Midnight Shift 5 Help Desk Totals 21 Workload Help Desk Tickets Fiscal Yr Count , , , , , ,458 Avg 59,871 Projected Tickets / Yr 60,000 Sources FDLE Staff 83% Other Govt. Agencies 13% Public 5% Page 48 of 86

49 Appendix B State of Florida Chapter 71A-1, Florida Administrative Code (FAC) Florida Information Technology Resource Security Policies and Standards The State of Florida has adopted Administrative Rule 71.A to document a framework for information security best practices for state agencies in order to safeguard the confidentiality, integrity, and availability of information technology resources. While not all provisions in the rule will apply to this procurement, FDLE has attempted to identify those provisions that appear to be applicable. See table below. No. Category / Standard Applicability Purpose and Scope Definitions Information Security Program Information Technology Workers Agency Contracts, Providers, and Partners Confidential and Exempt Information Access Control X 1 Information owners are responsible for granting access to information Explain how product(s) enable FDLE administrators to grant access to information. 2 Information owners shall review access rights periodically Explain how product(s) enable FDLE administrators to review access rights. 3 IT workers shall be authorized access based on least privilege and need to know Explain how product(s) controls access to information based on need to know. 4 Not Applicable 5 Ensure separation of duties so that no individual has ability to control an entire process Explain how product(s) ensures separation of duties. Page 49 of 86

50 No. Category / Standard Applicability 6 Access authorization shall be promptly removed when user is terminated Explain how product(s) enable FDLE administrators to or access is no longer required. remove users. 7 Not Applicable 8 Not Applicable 9 Not Applicable 10 Not Applicable 11 Not Applicable 12 Not Applicable 13 Not Applicable 14 Not Applicable 15 Not Applicable 16 Not Applicable 17 Not Applicable 18 Not Applicable Awareness Training Audit and Accountability X 1 Where possible, audit records will allow actions of users to be traced Explain how product(s) support auditing and tracing of user actions 2 Not Applicable 3 Not Applicable 4 Implement procedures to protect integrity and confidentiality of audit logs Explain if / how product(s) protect integrity and confidentiality of audit logs 5 Retain audit records Explain how product(s) retain audit logs 6 ISM or IG granted access to review audit logs Explain how product(s) manage access to audit logs Certification, Accreditation, and Security Assessments Configuration Management Contingency Planning Page 50 of 86

51 No. Category / Standard Applicability Identification and Authentication X 1 Agency computer users shall have unique user accounts Explain how product(s) enforce assignment and use of unique user accounts 2 Where technology permits, user accounts authenticated by complex passwords Explain how product(s) enforce use of complex passwords 3 Admin user accounts managed to protect IT resources Explain how product(s) manage Administrator user accounts 4 Do not use vendor-supplied default passwords Explain how product(s) help avoid use of vendor-supplied default passwords 5 Admin accounts traceable to an individual Explain how product(s) support tracing Administrator accounts to an individual 6 Service accounts shall be managed to protect IT resources Explain how product(s) manage Service accounts 7 Service accounts may be exempted from password expiration Explain how product(s) manage Service accounts 8 Service accounts shall not be used for interactive sessions Explain how product(s) manage Service accounts Incident Response Maintenance Media Protection Physical and Environmental Protection System and Application Security Planning Personnel Security and Acceptable Use Risk Assessment Systems, Applications and Services Acquisition and Development Page 51 of 86

52 No. Category / Standard Applicability System and Communications Protection System and Information Integrity X 1 Controls shall be in place to ensure accuracy and completeness of data Explain how product(s) help to ensure accuracy and completeness of data 2 Not Applicable 3 Transaction history must be maintained for each session involving critical information Explain how product(s) maintains transaction history 4 Individuals accessing critical information shall be uniquely identified Explain how individuals access critical information are uniquely identified 5 Not Applicable 6 Implement patch management process for IT resources Explain how software patches are released and issued to customers Criminal Justice Information Services (CJIS) Security Requirements for Commercial Software Products No. Category / Standard Applicability 5.4 Audit and Accountability X The system shall generate audit records for defined events The following events shall be logged: 1. Successful and unsuccessful system log-on attempts. 2. Successful and unsuccessful attempts to access, create, write, delete or change permission on a user account, file, directory or other system resource. 3. Successful and unsuccessful attempts to change account passwords. 4. Successful and unsuccessful actions by privileged accounts. 5. Successful and unsuccessful attempts for users to access, modify, or destroy the audit log file The following content shall be included with every audited event: Page 52 of 86

53 No. Category / Standard Applicability 1. Date and time of the event. 2. The component of the information system (e.g., software component, hardware component) where the event occurred. 3. Type of event. 4. User/subject identity. 5. Outcome (success or failure) of the event. The system shall provide alerts to appropriate agency officials in the event of an audit processing failure. Audit processing failures include, for example: software/hardware errors, failures in the audit capturing mechanisms, and audit storage capacity being reached or exceeded. The system shall provide time stamps for use in audit record generation The time stamps shall include the date and time values generated by the internal system clocks in the audit records The system shall protect audit information and audit tools from modification, deletion and unauthorized access. 5.5 Access Control X The system shall enforce assigned authorizations for controlling access to the system and contained information. The information system controls shall restrict access to privileged functions (deployed in hardware, software, and firmware) and security-relevant information to explicitly authorized personnel The system shall enforce a limit of no more than 5 consecutive invalid access attempts by a user (attempting to access CJI or systems with access to CJI). The system shall automatically lock the account/node for a 10 minute time period unless released by an administrator The system shall initiate a session lock after a maximum of 30 minutes of inactivity, and the session lock remains in effect until the user reestablishes access using appropriate identification and authentication procedures. 5.6 Identification and Authentication X Each person who is authorized to store, process, and/or transmit CJI shall be uniquely identified. A unique identification shall also be required for all persons who administer and maintain the system(s) that access CJI or networks leveraged for CJI transit. Agencies shall require users to Page 53 of 86

54 No. Category / Standard Applicability identify themselves uniquely before the user is allowed to perform any actions on the system The system shall require these secure password attributes, below, to authenticate an individual s unique ID. Passwords shall: 1. Be a minimum length of eight (8) characters on all systems. 2. Not be a dictionary word or proper name. 3. Not be the same as the User ID. 4. Expire within a maximum of 90 calendar days. 5. Not be identical to the previous ten (10) passwords. 6. Not be transmitted in the clear outside the secure location. 7. Not be displayed when entered. Page 54 of 86

55 Appendix C Defect Severity Levels The severity levels defined below shall be used to classify defects encountered during testing. Severity Level Description 5 Critical Value Must have Catastrophic failure Highest Risk Level Failure Assured 4 High Value Impairment of critical system function(s) and now workaround solution exists High Risk of Failure 3 Moderate Value Impairment of system function(s) but a documented work-around exists Medium Risk of Failure 2 Low Value Minimal Impact Low Risk of Failure 1 Little to No Value High user/client tolerance level No Risk of Failure Page 55 of 86

56 Appendix D Change Request Change # CR- Short Description Requested by Date Project Manager Change Type Scope Schedule Cost Other Contract Amendment Required? Yes No Change Description: Attachments Yes No Reason for the Change: Business Benefits (if applicable): Implications of Not Making the Change: Impact of Making Change Scope: Schedule: Cost: Other: Approve Reject Cancel Approvals Contractor: Date: FDLE Project Manager: Date: Page 56 of 86

57 Project Title: Contract #: Date: Deliverable Title: Deliverable #: Deliverable Version (if applicable): Phase / Milestone: Appendix E Acceptance Form CONTRACTOR (complete this section) Specify the activities performed to ensure the work can be accepted (e.g. testing, data migration, training) CONTRACTOR SIGNATURE The Contractor affirms that the deliverable indicated above and delivered to FDLE is complete per the Contract requirements. Authorized Signature Name (Typed or Printed) Title Date FDLE (complete this section) Decision Accepted Accepted with Modifications * * If Accepted with Modifications indicate date modifications due and any comments Date modifications due: Comments: Authorized Signature Name (Typed or Printed) Title Date Page 57 of 86

58 Appendix F CJIS Security Policy Requirements for COTS No. Category / Standard Applicability 5.4 Audit and Accountability The system shall generate audit records for defined events The following events shall be logged: 1. Successful and unsuccessful system log-on attempts. 2. Successful and unsuccessful attempts to access, create, write, delete or change permission on a user account, file, directory or other system resource. 3. Successful and unsuccessful attempts to change account passwords. 4. Successful and unsuccessful actions by privileged accounts. 5. Successful and unsuccessful attempts for users to access, modify, or destroy the audit log file The following content shall be included with every audited event: 1. Date and time of the event. 2. The component of the information system (e.g., software component, hardware component) where the event occurred. 3. Type of event. 4. User/subject identity. 5. Outcome (success or failure) of the event The system shall provide alerts to appropriate agency officials in the event of an audit processing failure. Audit processing failures include, for example: software/hardware errors, failures in the audit capturing mechanisms, and audit storage capacity being reached or exceeded The system shall provide time stamps for use in audit record generation. The time stamps shall include the date and time values generated by the internal system clocks in the audit records The system shall protect audit information and audit tools from modification, deletion and unauthorized access. 5.5 Access Control The system shall enforce assigned Page 58 of 86

59 No. Category / Standard Applicability authorizations for controlling access to the system and contained information. The information system controls shall restrict access to privileged functions (deployed in hardware, software, and firmware) and security-relevant information to explicitly authorized personnel. The system shall enforce a limit of no more than 5 consecutive invalid access attempts by a user (attempting to access CJI or systems with access to CJI). The system shall automatically lock the account/node for a 10 minute time period unless released by an administrator. The system shall initiate a session lock after a maximum of 30 minutes of inactivity, and the session lock remains in effect until the user reestablishes access using appropriate identification and authentication procedures Identification and Authentication Each person who is authorized to store, process, and/or transmit CJI shall be uniquely identified. A unique identification shall also be required for all persons who administer and maintain the system(s) that access CJI or networks leveraged for CJI transit. Agencies shall require users to identify themselves uniquely before the user is allowed to perform any actions on the system The system shall require these secure password attributes, below, to authenticate an individual s unique ID. Passwords shall: 1. Be a minimum length of eight (8) characters on all systems. 2. Not be a dictionary word or proper name. 3. Not be the same as the User ID. 4. Expire within a maximum of 90 calendar days. 5. Not be identical to the previous ten (10) passwords. 6. Not be transmitted in the clear outside the secure location. 7. Not be displayed when entered. Page 59 of 86

60 SECTION D FDLE SPECIAL CONTRACT CONDITIONS The proposed contract language contained in FDLE s Special Contract Conditions should be reviewed by all Respondents. In responding to FDLE solicitation RFP 1428, Respondent agrees to accept the terms and conditions of FDLE s Special Conditions. FDLE reserves the right to make modifications to these Special Contract conditions if it is deemed to be in the best interest of FDLE or the State of Florida. D.1 Audits/Monitoring The Department may conduct, or have conducted, performance and/or compliance reviews, reviews of specific records or other data as determined by the Department. The Department may conduct a review of a sample of analyses performed by the successful Contractor to verify the quality of the successful Contractor s analyses. Reasonable notice shall be provided for reviews conducted at the successful Contractor s place of business. Reviews may include, but shall not be limited to, reviews of procedures, computer systems, accounting records, and internal quality control reviews. The successful Contractor shall work with any reviewing entity selected by the State. During the resulting Contract period these records shall be available at the successful Contractor s office at all reasonable times. After the resulting Contract period and for five (5) years following, records shall be available at the successful Contractor s chosen location subject to the approval of the Department. If the records need to be sent to the Department, the successful Contract shall bear the expense of delivery. D.2 Best Pricing During the Contract term, if the Contractor sells substantially the same or a smaller quantity of a product outside the Contract, but upon the same or similar terms of the Contract, at a lower price, then at the discretion of the Department the price under the Contract shall be immediately reduced to the lower price. D.3 Change Management Contractor and FDLE will adhere to the following process to document and track changes to the Contract, including the Statement of Work (SOW). Requests for changes to the SOW or Contract will be initiated by using the changes procedures and Project Change Request form as provided in the SOW. The Project Change Request may be prepared by Contractor or FDLE. The Project Change Request will be signed by the Project Managers for Contractor and FDLE to be considered a formal, official change request. FDLE will assign a project change number to the request. Changes that affect price or result in the incursion of additional expense by the FDLE will require a contract amendment, in addition to the Project Change Request, which must be signed by authorized representatives for Contractor and FDLE before any work is performed or expenses incurred. No request for any alteration, modification or additional work which will materially change the SOW or the cost of the Contract will be valid unless the resulting change has been agreed upon in writing by Contractor and FDLE No oral statement of any person will, in any manner or degree, modify or otherwise affect the terms of this Contract. Page 60 of 86

61 D.4 Commercial Software Licenses To enhance cost efficiencies for FDLE and comply with applicable state tax regulations, any Commercial Software Products will be licensed directly to FDLE (as the named licensee) by the applicable Commercial Software Products vendor listed in the SOW. Contractor will provide to FDLE the Commercial Software Products via agreements with the Commercial Software Product vendors and provide, directly or through an approved subcontractor, the Services to integrate the Commercial Software Products within the Project s System, as described in the SOW. FDLE has entered or will enter into separate software licensing agreements (each an End User License Agreement ( EULA )) with each of the software vendors specified in this SOW, and will be responsible for compliance with the EULAs by FDLE. The Parties acknowledge and agree that the licensing of any COTS Products will be governed by the terms of the EULAs. D.5 Compliance with Laws The Contracting Party shall comply with all laws, rules, codes, ordinances, and licensing requirements that are applicable to the conduct of its business, including those of Federal, State, and local agencies having jurisdiction and authority. Violation of such laws may be grounds for contract termination. D.6 Confidential Information Confidential Information means information or materials provided by one party to the other which are: i) in tangible form and labeled confidential or the like; ii) if disclosed orally, are identified as being confidential at the time of disclosure; or iii) such that a reasonable person would consider it confidential from the nature of the information and circumstances of disclosure. The receiving party will hold the Confidential Information in strict confidence, will use it only for purposes of this Contract, and disclose it only to employees and agents who have a need to know such Confidential Information and who have agreed to abide by the terms of this Section prior to disclosure. The receiving party will exercise the same care in preventing the unauthorized disclosure or use of the Confidential Information that it takes to protect its own information of a similar nature, which in no event will be less than reasonable care. The restrictions on the use and disclosure of Confidential Information specified hereunder will not apply to information: (i) which is independently developed by the receiving party or lawfully received from another source without breach of this Contract; (ii) which is or becomes generally available to the public without breach of this Contract by the receiving party; (iii) which at the time of disclosure was known to the receiving party; (iv) which is disclosed to unaffiliated third Parties without restriction by the disclosing party; or (v) which is disclosed pursuant to law, judicial order, or government regulations so long as the receiving party promptly notifies the disclosing party prior to disclosure and cooperates with the disclosing party in the event that the disclosing party elects to contest or avoid such judicial or governmental disclosure, whether by seeking a protective order or otherwise. FDLE information which is made confidential or exempt from disclosure by law will retain that status notwithstanding the occurrence of the specified exceptions to restrictions on use and disclosure, to the extent permitted by law. FDLE agrees to maintain the confidentiality of Confidential Information, as that term is used in this Contract, received from Contractor, to the extent this can be accomplished without violating Florida Law regarding public records, as set forth in Chapter 119, Florida Statutes (2012). In particular, FDLE agrees to maintain the confidentiality of Confidential Information to the extent such information constitutes Trade Secret Information, as that term is used in Section , Florida Statutes (2012), and as defined at Page 61 of 86

62 Section (1)(c), Florida Statutes (2012). Contractor is responsible for the actions of its agents and subcontractors with respect to protection of confidential law enforcement and other types of confidential data. Contractor is expressly prohibited from transferring FDLE data, by any means and in any medium or format, outside of the United States in performing the work defined in this Contract. All FDLE data, which may be included in the Deliverables, will remain the exclusive property of FDLE and may not be copied or removed by Contractor personnel (except in the performance of services) without express written permission of FDLE. D.7 Contract Manager The Department s Program/Regional Contract Manager for this contract shall be: Name: Title: Street Address: Phone: D.8 Contracting Party Employees, Subcontractors, and Other Agents Contracting Party will be an independent contractor, and not the agent or servant of the Department and will not be entitled to any benefits granted employees of the State of Florida. The Department and the State shall take all actions necessary to ensure that Contracting Party's employees, subcontractors and other agents are not employees of the State of Florida. Such actions include, but are not limited to, ensuring that Contracting Party's employees, subcontractors, and other agents receive benefits and necessary insurance from an employer other than the State of Florida. Each party agrees to assume complete responsibility for its own employees with regard to federal or state employers' liability and withholding tax, worker's compensation, social security, unemployment insurance, and Occupational Safety and Health Administration requirements and other federal, state and local laws. The Contracting Party will have complete supervision and control over its own agents, servants and employees. The Contracting Party will ensure that personnel of any agent or subcontractor are trained, qualified, and available to perform the services for which they are contracted to perform. The Contracting Party is responsible for managing the relationship with all subcontractor organizations, for directing and managing the work efforts of subcontractor personnel, and for the quality of the work of subcontractor personnel. Upon request, Contracting Party shall furnish a copy of technical certification or other proof of qualification. All employees, subcontractors, or agents performing work under the contract must comply with all security and administrative requirements of the Department and shall comply with all controlling laws and regulations relevant to the services they are providing under the contract. D.9 Contractor s Responsibilities under Termination After receipt of notice of termination, and except as otherwise specified by the Department, the Page 62 of 86

63 Contractor shall: a. Stop work under this Contract on the date, and to the extent specified, in the notice. b. Place no further order(s) or subcontract(s) for materials, services, or facilities except as may be necessary for completion of such portion of the work under this Contract that is not terminated. c. Complete performance of such part of the work as shall not have been terminated by the Department; and d. Take such action as may be necessary, or as the Department may specify, to protect and preserve any property or data related to this contract which is in the possession of the contractor(s) and in which the Department has or may acquire an interest. Upon the effective date of termination of the Contract, the Contractor shall transfer, assign, and make available to FDLE all property, materials, and data belonging to the Department, all rights and claims to any and all reservations, contracts and arrangements with subcontractors, or others, and shall make available to the Department all written information regarding the performance of the Contract. Any data transferred shall be in a format specified by the Department. No extra compensation will be paid to the Contractor for its services in connection with such transfer or assignment. The Department concurrently with such transfer or assignment reserves the option to assume the obligations of the Contractor if any, on all non- cancelable contracts with third parties. Upon written notice of termination of this Contract, Contractor shall return all FDLE data in a format and within a schedule specified by FDLE. D.10 Contractual Mandatory A Respondents response to this RFP shall be considered as the Respondents formal offer. The issuance of Purchase Order(s) and/or Contract(s) for the purchase of the commodities and/or services shall constitute the Department's written acceptance of the successful response and the signed Purchase Order(s) and/or Contract(s) will be forwarded to the successful Respondent. D.11 Controlling Law All matters, whether sounding in tort or contract, relating to the validity, construction, interpretation, performance and enforcement of this contract shall be determined by the laws of the State of Florida. The exclusive venue of any legal or equitable action that arises out of or relates to the contract shall be the appropriate state court in Leon County, Florida; in any such action, Florida law shall apply and the parties waive any right to jury trial. D.12 Discrimination In the performance of such services, the Contracting Party agrees not to discriminate against any employee or applicant for employment on grounds of race, creed, color, sex, age, national origin, or disability. D.13 Dispute Resolution Any dispute concerning performance of the Contract which cannot be resolved by informal discussion Page 63 of 86

64 between the FDLE and Contractor, will be referred to negotiation to be conducted by the Chief Information Officer of FDLE and the Chief Operating Officer or Chief Executive Officer of Contractor. If FDLE and Contractor's representatives are unable to resolve the dispute within five (5) business days after commencing negotiations, or fifteen (15) calendar days have passed since the initial request for negotiations at this level, then the Parties will be entitled to discontinue negotiations, to seek to resolve the dispute through mediation as hereinafter provided or, if the Parties do not agree to submit the dispute to non- binding mediation, to seek any and all rights and remedies that may be available under this Contract, at law or in equity. Mediation must occur within twenty (20) business days after the Parties agree to submit the dispute to mediation. The Parties mutually will select an independent mediator experienced in IT systems and services agreements, and each will designate a representative(s) to meet with the mediator in good faith in an effort to resolve the dispute. The specific format for the mediation will be left to the discretion of the mediator and the designated Party representatives and may include the preparation of agreed-upon statements of fact or written statements of position furnished to the other Party. If the Parties are unable to resolve a dispute through the dispute resolution processes described in this Section, then either party may seek any and all rights and remedies that may be available under this Contract, at law or in equity. All Contractor obligations related to project activities and support services under this Contract will continue without interruption during disputes unless suspended by FDLE or unless the dispute relates to non-payment by FDLE. FDLE reserves the right to withhold payments during disputes relating to breach by Contractor. The failure of FDLE to release payment during disputes relating to breach by Contractor will not constitute a breach or default by FDLE. D.14 Documentation in Escrow The Contractor agrees to keep and maintain current one copy of the Licensed Program source code with an escrow agent approved by the Department. The source code shall be maintained in a secure location. The Contractor represents and warrants that the source code is and shall be understandable and useable by a trained computer-programming\contractor who is generally familiar with the programming language(s) used to produce the Licensed Program. Contractor further represents and warrants that the licensed software programs do not involve any proprietary languages or programming components that such a contractor could not reasonably be expected to understand, except to the extent the source code contains sufficient commentary to enable such contractor to understand and use such languages or components. Contractor further represents and warrants that the Source Code includes all of the devices, programming, and documentation necessary for the maintenance of the Licensed Program by the Department upon release of the source code pursuant to this Contract, except for devices, programming, and documentation commercially available to the licensee on reasonable terms through readily known sources other than the Contractor. The Contractor agrees that the Department may access and the escrow agent may release the source code and Supporting Documentation, which has been brought up to date continuously, upon the occurrence of any of the following events (nonexclusive list): Page 64 of 86

65 Inability of the Contractor to provide maintenance under this Contract. The Contractor declares bankruptcy or ceases to do business. The Contractor will maintain current one copy of Supporting Documentation which is required for the proper maintenance of the licensed software with the escrow agent. Such documentation will consist of Coding Instructions, Installation Instructions, and Maintenance and Technical Support manuals, and will be the same as that which the Contractor supplies to its technical personnel to maintain the licensed software. Upon taking possession thereof, the Department agrees that all information disclosed to the Department by the Contractor will be held in confidence and will be used only in performance or maintenance of the Licensed Programs. The Department shall exercise the same standard of care to protect such information as is used to protect its own proprietary data. D.15 Effective Date This contract shall be effective when signed by the Contracting Party and the Department. D.16 Extra Compensation No repairs, replacements of parts or equipment that will result in extra charges not covered by this contract shall be performed by the Contracting Party without first submitting a written estimate of cost of same, and securing written approval from the Department. D.17 Financial Consequences for Contractor s Failure to Perform If the Contracting Party fails to meet the minimum level of service or performance identified in this Contract, or is customary for the industry, then the Department will apply financial consequences commensurate with the deficiency. Financial consequences may include but are not limited to withholding payments until the deficiency is cured, tendering only partial payments, imposition of other financial consequences per FDLE Special Conditions (as applicable), and termination of contract and requisition of goods or services from an alternate source. Any payment made in reliance on Contracting Party s evidence of performance, which evidence is subsequently determined to be erroneous, will be immediately due to the Department as an overpayment. D.18 Inspection of Records and Work Performed The State and its authorized representatives shall, at all reasonable times, have the right to enter the successful Contractor s and Subcontractor s premises, or other places where duties under the resulting Contract are performed. All inspections and evaluations shall be performed in such a manner as not to unduly delay work. The successful Contractor shall retain all financial records, supporting documents, statistical records, and any other documents (including electronic storage media) pertinent to performance under the resulting Contract for a period of five (5) years after termination of the resulting Contract, or if an audit has been initiated and audit findings have not been resolved at the end of five (5) years, the records shall be retained until resolution of the audit findings. Page 65 of 86

66 Refusal by the successful vendor to allow access to all records, documents, papers, letters, other materials or on-site activities related to resulting Contract performance shall constitute a breach of the resulting Contract. The right of the State and its authorized representatives to perform inspections shall continue for as long as the successful Contractor is required to maintain records. The successful vendor will be responsible for all storage fees associated with the records maintained under the resulting Contract. D.19 Intellectual Property The parties do not anticipate that any intellectual property will be developed as a result of this contract. However, any intellectual property developed as a result of this contract will belong to and be the sole property of the state. The rights conveyed to the state pursuant to this Contract do not include rights to any preexisting Intellectual Property used, developed and refined by the Contracting Party and its subcontractors during their provision of Services under this Contract. This provision will survive the termination or expiration of any contract. D.20 Invoicing All invoices or bills for fees, or other compensation for services, or expenses shall be submitted with reasonable detail for a proper pre-audit and post-audit thereof, to comply with Section (1)(a), Florida Statues. Whenever this contract is terminated with or without cause, all amounts due shall be pro-rated. Invoices will reference a valid contract number and be submitted to: Florida Department of Law Enforcement Attn: Accounts Payable 2331Phillips Road Tallahassee, Florida Phone: [email protected] D.21 Key Personnel Key personnel, including but not limited to the Project Manager, will be Contractor employees (i.e., not independent contractors or sub-contractor personnel) unless approved in writing by FDLE. Key personnel will be identified in the SOW. During the term of this Contract, Contractor will not reassign Key Personnel assigned to this Contract to another customer without the express written consent of FDLE. Turnover of Contractor staff, including subcontractors, will not obligate FDLE to pay additional cost or accommodate schedule delays. D.22 Performance Bond A performance bond in the amount of $100, shall be furnished to the Department by the successful vendor. The performance bond shall be issued by an insurance company licensed by the State of Florida, Department of Financial Services. Performance of the resulting contract, in all terms and conditions thereof throughout the full term thereof, between the Department and the Page 66 of 86

67 successful vendor and which will further indemnify and save harmless the Department from all costs and damages by reason of the successful vendor s default or for breach. The bond must be furnished to the Issuing Officer identified in Section B.2 within ten (10) calendar days after execution of, and prior to commencement of any work under, the resulting Contract. Surety bond insurers must comply with section , F.S. No payments will be made to the successful vendor until the performance bond is in place and approved by the Department in writing. The performance bond shall remain in effect for the full term of the resulting Contract, including any renewal period. The Department shall be named as the beneficiary of the successful vendor s bond. The bond shall provide that the insurer or bonding company(s) pay losses suffered by the Department directly to the Department. The cost of the performance bond will be borne by the successful vendor. Failure to maintain the bond is considered a breach of the Contract. Should the successful vendor terminate the resulting Contract prior to the end of the resulting Contract period, an assessment against the bond will be made by the State to cover the costs of issuing a new solicitation and selecting a new vendor. D.23 Modification of Terms The contract contains all the terms and conditions agreed upon by the parties, which terms and conditions shall govern all transactions between the Department and the Contracting Party and any communications, promises, representations or agreements, not included in writing in this contract, shall not be binding upon any party. The Contract may only be modified or amended upon mutual written agreement of the Department and the Contracting Party. No oral agreements or representations shall be valid or binding upon the Department or the Contracting Party. No alteration or modification of the Contract terms, including substitution of product, shall be valid or binding against the Department. The Contracting Party may not unilaterally modify the terms of the Contract by affixing additional terms to product upon delivery (e.g., attachment or inclusion of standard preprinted forms, product literature, shrink wrap terms accompanying or affixed to a product, whether written or electronic) or by incorporating such terms onto the Contracting Party s order or fiscal forms or other documents forwarded by the Contracting Party for payment. The Department's acceptance of product or processing of documentation on forms furnished by the Contracting Party for approval or payment shall not constitute acceptance of the proposed modification to terms and conditions. D.24 Non-Material Errors Contractor and FDLE agree that non-material errors in contract language, terms and conditions (e.g., typos and other obvious errors) will be correctable without amending the Contract provided that the nature of the Contract is not altered by such correction. D.25 Non-Solicitation For the purposes of this section only, the phrase "Personnel" is defined as any employee, Teaming Partner, subcontractor, consultant or other agent of an entity, whom the other entity becomes aware of due to the existence or performance of this Contract. Page 67 of 86

68 Unless written authorization is received in advance, neither the Contractor nor FDLE shall attempt to recruit, hire, or otherwise contract with the other party s Personnel of the other for the duration of the Contract and six (6) months after its termination. The term attempt to recruit excludes (i) any broadbased effort to attract applicants if not specifically designed to attract the other s Personnel and (ii) any unsolicited inquiries made or applications submitted by one party s Personnel not at the instigation of the other party. Notwithstanding this prohibition, FDLE reserves the right to recruit, hire, or otherwise contract directly with any Personnel who have performed Services under this Contract for at least six (6) months. D.26 Notices Whenever notice is required to be given by Certified Mail, Return Receipt Requested or private carrier express mail service, it shall be deemed to have been given on the date shown on the return receipt, or date of actual delivery, whichever is earlier. Change of address, as well as, any other notice(s) required by this contract shall be delivered to the Department of Law Enforcement for the attention of: The Office of General Services 2331 Phillips Road Tallahassee, Florida [email protected] And to the Contracting Party for the attention of: Name: Title: Street Address: Phone: D.27 Off-Shore Contracting Contractor is expressly prohibited from using or subcontracting facilities, services or personnel outside of the United States in performing the work defined in this Contract. D.28 Payment The State of Florida cannot make deposits or pay for goods and/or services in advance unless approved under rules issued by the Department of Financial Services. The Department is not authorized to pay to Contracting Party any deposit for services to be rendered or equipment to be purchased in the future. Payment shall be made in accordance with Section , Florida Statutes, which states the Contracting Party's rights and the Department's responsibilities concerning interest penalties and time limits for payment of invoices. A Vendor Ombudsman has been established within the Department of Financial Page 68 of 86

69 Services. The duties of this individual include acting as an advocate for vendors who may be experiencing problems in obtaining timely payment(s) from a state agency. The Vendor Ombudsman may be contacted at D.29 Public Records This contract shall be unilaterally canceled by the Department for refusal to allow public access to all documents, papers, letters or other material subject to the provisions of Chapter 119, Florida Statutes, and made or received in conjunction with the contract. Contractor shall keep and maintain public records that ordinarily and necessarily would be required by the Department in order to perform the service. Contractor shall provide the public with access to public records on the same terms and conditions that the Department would provide the records and at a cost that does not exceed the cost provided in Chapter or as otherwise provided by law. Contractor shall ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law. Contractor shall meet all requirements for retaining public records and transfer, at no cost, to the Department all public records in possession of the Contractor upon termination of the contract and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the public agency in a format that is compatible with the information technology system of the Department. If the Contractor does not comply with a public records request, the Department shall enforce the contract provisions in accordance with the Contract. In accordance with Section (16), Florida Statutes, this contract is subject to inclusion in the Florida Public Accountability Tracking System (FACTS) database and subject to posting, in whole or in part, on the Internet. In accordance with Section (14), Florida Statutes, this contract and associated procurement documents, as defined at section (14)(h)1., Florida Statutes, are subject to inclusion in the Florida Public Accountability Tracking System (FACTS) database and subject to posting, in whole or in part, on the Internet. If the Contractor determines that any documents provided to the Department in conjunction with this contract (including procurement documents) contain exempt or confidential information, including but not limited to trade secrets as defined at section (1)(c), Florida Statutes, the Contractor should provide FDLE with an electronic copy from which all confidential or exempt information has been removed ( redacted ), identifying the information that is confidential or exempt, and the applicable statutory exemption(s). Page 69 of 86

70 D.30 Right to Audit Upon execution of the Contract, the Department reserves the right to conduct an audit of the Contractor s records pertaining to this project. The Department, the State, or their authorized representatives shall have access to such records for audit purposes during the term of this Contract and for five years following Contract completion. D.31 Scrutinized Companies Lists (Contracts for $1 million or more) In executing this contract, Respondent certifies that it is not listed on either the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, created pursuant to Section , Florida Statutes. Pursuant to Section (3), Florida Statutes, Respondent agrees the Department may terminate this contract for cause if the Respondent is found to have submitted a false certification or if Respondent is placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List during the term of the contract. D.32 Security and Confidentiality All agents and subcontractors with access to FDLE computer networks and systems to be engaged by the Contracting Party in the performance of this contract must be approved by FDLE and must abide by all applicable terms and conditions of the contract as well as FDLE security of information resources policies and procedures, State of Florida information security laws and rules. Whenever necessitated by legitimate concern for reasonable security precautions as determined by the Department and without regard to the identity of any individual, the Department will require the Contracting Party(ies) and/or employees of the Contracting Party(ies) to submit to, and successfully pass, an appropriate security background investigation prior to being allowed access to any of the Department s facilities to perform those services as set forth in this contract. FDLE reserves the right to have Contracting Party s staff removed from the account when it is determined to be in the best interest of the State. D.33 Suspension of Work The Department may in its sole discretion suspend any or all activities under the contract or purchase order, at any time, when in the best interests of the State to do so. The Department shall provide the Contracting Party written notice outlining the particulars of suspension. Examples of the reason for suspension include, but are not limited to, budgetary constraints, declaration of emergency, or other such circumstances. After receiving a suspension notice, the Contracting Party shall comply with the notice for a period up to thirty (30) days after the notice is delivered to the Contracting Party, and for any further period to which the Parties may agree. Within thirty (30) days, or any longer period agreed to by the Contracting Party, the Department shall either (1) issue a notice authorizing resumption of work, at which time activity shall resume, or (2) terminate the contract or purchase order. Suspension of work shall not entitle the Contracting Party to any additional compensation. Page 70 of 86

71 D.34 Termination for Cause The Department may terminate the contract if the Contracting Party fails to (1) deliver the product within the time specified in the contract or any extension, (2) maintain adequate progress, thus endangering performance of the contract, (3) honor any term of the contract, or (4) abide by any statutory, regulatory, or licensing requirement. Rule 60A-1.006(3), F.A.C., governs the procedure and consequences of default. The Contracting Party shall continue work on any work not terminated. Except for defaults of subcontractors at any tier, the Contracting party shall not be liable for any excess costs if the failure to perform the contract arises from events completely beyond the control, and without the fault or negligence, of the Contracting Party. If the failure to perform is caused by the default of a subcontractor at any tier, and if the cause of the default is completely beyond the control of both the Contracting Party and the subcontractor, and without the fault or negligence of either, the Contracting Party shall not be liable for any excess costs for failure to perform, unless the subcontracted products were obtainable from other sources in sufficient time for the Contracting Party to meet the required delivery schedule. If, after termination, it is determined that the Contracting Party was not in default, or that the default was excusable, the rights and obligations of the parties shall be the same as if the termination had been issued for the convenience of the Department. The rights and remedies of the Department in this clause are in addition to any other rights and remedies provided by law or under the contract. D.35 Termination for Convenience This contract may be canceled in whole or in part by the Department when the Department determines in its sole discretion that it is in the Department s interest to do so upon giving 30 days written notice by Certified Mail, Return Receipt Requested or by private carrier express mail service. The Contracting Party shall not furnish any product after it receives the notice of termination, except as necessary to complete the continued portion of the Contract, if any. The Contracting Party shall not be entitled to recover any cancellation charges or lost profits. D.36 Survival The provisions of all confidentiality obligations, indemnification, limitation of liability and any other sections, schedules or attachments to this Contract that by their nature may reasonably be presumed to survive any termination or expiration of this Contract, will so survive. D.37 The Department is Self-Insured The Department is self-insured for its torts to the extent provided in Section , Florida Statutes, to cover bodily injury, death and property damage arising as a consequence of the acts and omissions to act of its officers, employees, and agents. The Department is without authority to insure the contracting party in any way. The Department shall not be deemed to assume any liability for the acts, omissions to act and negligence of the Contracting Party, its agents, servants and employees; nor shall the Contracting Party exclude liability for its own negligence to the Department or any third party, except as allowed by law and agreed to by the Department. The Department is without authority to indemnify or hold harmless the Contracting Party. Unless authorized by law and agreed to in writing, the Department shall not be liable to pay attorney Page 71 of 86

72 D.38 Travel fees, interest, late charges and service fees and/or costs of collection. All bills for any travel expenses that are authorized by Section , Florida Statues, shall be submitted and paid in accordance with the rates specified in Section , Florida Statutes, governing payments by the State for travel expenses. D.39 Unauthorized Aliens The State of Florida does not award publicly funded contracts to those who knowingly employ unauthorized alien workers. The Department shall consider this a violation of Section 274A(e) of the Immigration and Nationality Act. Such violation shall be cause for unilateral cancellation of this contract. D.40 Use and Return of Equipment D.41 Venue Unless a later return date is requested by FDLE, Contractor will return any item of FDLE or Affiliate-owned or leased equipment within thirty (30) calendar days following any expiration or termination of this Contract, in substantially the same condition it was in when initially provided to Contractor, reasonable wear and tear excepted. Any property of FDLE furnished to Contractor will, unless otherwise provided herein or approved by FDLE, be used only for the performance of this Contract. Additionally, Contractor will be responsible for repair or replacement of any loaned equipment that is damaged or destroyed while in its custody. The Contract resulting from this RFP shall be delivered in the State of Florida and shall be construed in accordance with the laws of Florida. Wherever possible, each provision of the resulting Contract shall be interpreted in such a manner as to be effective and valid under applicable law, but if any provision shall be found ineffective, then to the extent of such prohibition or invalidity, that provision shall be severed without invalidating the remainder of such provision or the remaining provisions of the resulting Contract. Any action hereon or in connection herewith shall be brought in Leon County, Florida. Page 72 of 86

73 ATTACHMENT A REFERENCE FORM In the spaces provided below, the respondent shall list all names under which it has operated during the past five (5) years. On the following pages, the respondent must provide the required information for a minimum of three (3) separate and verifiable clients. Do not list projects completed for the FDLE (see next paragraph). Information on each client must be provided on this Attachment. Any information not submitted on this attachment shall not be considered. All clients listed must be for the provision of software similar to that described in this solicitation. Confidential clients shall not be included. Any additional references listed, over the minimum of three required, will be considered in determining if the respondent has satisfied the requirements for the three references as set out herein. The FDLE will review its records to identify all contracts that the Respondent has undertaken with the FDLE, where the Respondent was the prime vendor, during the last five (5) years (in effect during or after August 2009) for use in the evaluation of Past FDLE Performance, if applicable. The same client may not be listed for more than one (1) reference (for example, if the Respondent has completed for project for the Florida Department of Transportation District One and one project for the Florida Department of Transportation District Two, only one of the projects may be listed because the client, the Florida Department of Transportation, is the same). Clients that the Respondent has provided having any affiliation with the Respondent (i.e. under common ownership, having common directors, officers or agents, or sharing profits or liabilities) may not be used as Past Performance references under this solicitation. Also, clients that the respondent has listed as subcontractors in their response may not be used as Past Performance references under this solicitation. In the event that the Respondent has had a name change since the time work was performed for a listed reference, the name under which the Respondent operated at the time that the work was performed must be given at the end of the project description for that reference. In the event that Respondents submit a response as a joint venture, at least one (1) past performance reference client must be listed for each member of the joint venture. However, the total minimum number of clients to be listed remains three (3). Page 73 of 86

74 ATTACHMENT A-1 Client #1 Name: Address: Contact Person: Phone Number: (Please Verify) Project Dates (when work was performed): to (Dates should be in mm/yyyy format) Specific Location of Project: Brief description of the services performed for this project: Page 74 of 86

75 Client #2 ATTACHMENT A-2 Name: Address: Contact Person: Phone Number: (Please Verify) Project Dates (when work was performed): to (Dates should be in mm/yyyy format) Specific Location of Project: Brief description of the services performed for this project: Page 75 of 86

76 ATTACHMENT A-3 Client #3 Name: Address: Contact Person: Phone Number: (Please Verify) Project Dates (when work was performed): to (Dates should be in mm/yyyy format) Specific Location of Project: Brief description of the services performed for this project: Page 76 of 86

77 ATTACHMENT B COST PROPOSAL FORM The Respondent shall provide a total fixed cost per deliverable for the IT Service Management (ITSM) Software Product and Consulting Services in the Cost Summary Table below. Deliverable Quantity Unit Unity Price Extended Price ITSM Software Product (Add additional rows as needed) Year Year Year Year Year Totals ITSM Software Maintenance Implementation Services Training Services System Documentation Other (Specify) TOTAL $0 **FDLE reserves the right to change these numbers upon final contract negotiation. COMPANY NAME: FEDERAL TAX IDENTIFICATION NUMBER: ADDRESS: CITY: STATE: ZIP PROPOSER: TITLE: *AUTHORIZED SIGNATURE: DATE PHONE: *This individual must have the authority to bind the Respondent. Page 77 of 86

78 ATTACHMENT C DRUG-FREE WORKPLACE CERTIFICATION Preference shall be given to businesses with drug-free workplace programs. Whenever two or more responses which are equal with respect to price, quality, and service are received by the State or by any political subdivision for the procurement of commodities or contractual services, a response received from a business that certifies that it has implemented a drug-free workplace program shall be given preference in the award process. Established procedures for processing tie responses will be followed if none of the tied vendors have a drug-free workplace program. In order to have a drug-free workplace program, a business shall: 1) Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2) Inform employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug-free workplace, available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees from drug abuse violations. 3) Give each employee engaged in providing the commodities or contractual services that are under this solicitation a copy of the statement specified in subsection (1) above. 4) In the statement specified in subsection (1), notify the employees that, as a condition of performance on the commodities or contractual services that are under this solicitation, the employee will abide by the terms of the statement and will notify the business of any conviction of, or plea of guilty or nolo contendere to, any violation of chapter 893, Florida Statutes, or of any controlled substance law of the United States or any state, for a violation occurring in the work place no later than five days after such conviction. 5) For any employee who is so convicted, impose a sanction on the employee or require the satisfactory participation in a drug abuse assistance or rehabilitation program, if such program is available in the employee's community. 6) Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section. As the person authorized to sign the statement, I certify that this firm complies fully with the above requirements. *Authorized Representative s Signature *Typed Name and Title of Authorized Representative *This individual must have the authority to bind the Respondent. Page 78 of 86

79 ATTACHMENT D DISCLOSURE STATEMENT CONFLICT OF INTEREST DISCLOSURE The award hereunder is subject to the provisions of Chapter 112, Florida Statutes. Respondents must disclose with their responses whether any officer, director, employee or agent is also an officer or an employee of FDLE, the State of Florida, or any of its Agencies. All firms must disclose the name of any state officer or employee who owns, directly or indirectly, an interest of more than five percent in the Respondent s firm or any of its branches or affiliates. All Respondents must also disclose the name of any employee, agent, lobbyist, previous employee of FDLE, or other person, who has received or will receive compensation of any kind to seek to influence the actions of FDLE in connection with this procurement, or who has registered or is required to register under Section , Florida Statutes, in connection with this procurement. The following persons are officers, directors, employees, or agents of Respondent s firm and state officers or employees: The following persons are state officers or employees who own, directly or indirectly, more than a 5% interest in the Respondent s firm: The following persons have sought to influence FDLE in this procurement on behalf of the Respondent: The Respondent has no interest to disclose and has had no person seeking to influence FDLE in connection with this procurement. *Authorized Representative s Signature *Typed Name and Title of Authorized Representative *This individual must have the authority to bind the Respondent. Page 79 of 86

80 ATTACHMENT E EVALUATION OF PAST PERFORMANCE Respondent s Name Respondent s Reference Name Person Interviewed Interviewed By Date of Interview The following questions will be asked of the client reference chosen at the discretion of FDLE: 1. Briefly describe the work the contractor performed for your company. 2. How well did the contractor adhere to the agreed upon schedule? Excellent = 5 points; Above Satisfactory = 4 points, Satisfactory = 3 points; Fair = 2 point; Poor = 1 points. 3. How would you rate the contractor s quality of work? Excellent = 5 points; Above Satisfactory = 4 points, Satisfactory = 3 points; Fair = 2 point; Poor = 1 points. 4. How would you rate the contractor s use of adequate personnel in quantity, experience and profession? Excellent = 5 points; Above Satisfactory = 4 points, Satisfactory = 3 points; Fair = 2 point; Poor = 1 points. 5. How would you rate the product(s) delivered by the contractor? Excellent = 5 points; Above Satisfactory = 4 points, Satisfactory = 3 points; Fair = 2 point; Poor = 1 points. Score Divide by 5 = Average Score Reference s Signature Date Page 80 of 86

81 ATTACHMENT F EVALUATION CRITERIA EVALUATION CRITERIA MAXIMUM POINTS AVAILABLE A. Technical Response Submittal 1. Firm Qualifications 100 Company profile (years in business, experience and type of services) Relevant Experience References Project Approach & Methodology Key Staff 2. Proposed Solution 500 ITSM Product Security Implementation & Training Services Maintenance Services B. Oral Presentation / Demonstration 100 C. Cost Proposal 300 D. Total Possible Points for the Response Submittal 1000 NOTE: Cost will be evaluated by the present value methodology required by Section , F.S., and Rule 60A , F.A.C., to determine the lowest cost response. The maximum available points (300 points in total) for the Cost Response Submittal will be awarded to the Respondent with the lowest responsive Cost Response. The remaining proposals from all other Respondents will be awarded a pro rata portion of points based on the following formula: (M x L) / C = P L = Lowest responsive proposal C = Actual responsive bid for each of the other Respondents M = Maximum Points Available for the Cost Response (= 25points) P = Points Awarded to each of the other Respondents Page 81 of 86

82 ATTACHMENT G Sample Contract Contract FDLE-XXX-XX Contract for a Federate Query System Between the Florida Department of Law Enforcement and Contractor This Contract is between the Florida Department of Law Enforcement (Department) located at 2331 Phillips Road, Tallahassee, Florida 32308, and <<Contractor>>. The Contractor responded to the Departments Request for Proposal (RFP), RFP 1428, IT Service Management (ITSM) Software Product and Consulting Services. The Department has accepted the Contractor s proposal and enters into this Contract in accordance with the terms and conditions of the solicitation. Accordingly, and in consideration of the mutual promises contained in the Contract, the Department and Contractor agree as follows: I. Terms and Conditions (This section supersedes Section A, PUR 1001, Instruction #4, Terms and Conditions). All responses are subject to the terms of the following sections of this solicitation, which, in case of conflict, shall have the order of precedence listed: This document and the attached sections of the solicitation compose the complete Contract. 1. Statement of Work (Section C), 2. FDLE Special Conditions (Section D), 3. Special Instructions for the Preparation and Submission of Responses (Section B), 4. General Conditions (PUR 1000), 5. General Instructions to Respondents (PUR 1001), 6. Any Addendums to the RFP, and 7. Respondent s Proposal FDLE objects to and shall not consider any additional terms and conditions submitted by a Respondent, including and appearing in documents attached as part of the Respondent s response. In submitting its response, a Respondent agrees that any additional terms or conditions, whether submitted intentionally or inadvertently, shall have no force or effect. Failure to comply with terms and conditions found in this solicitation, including those specifying information that must be submitted with a response, may result in rejection of a response. Any requirement of this solicitation which indicates the consequence of any noncompliance shall be strictly enforced. Page 82 of 86

83 II. Contract Term The contract period is expected to begin upon execution and remain in effect for a period of five (5) years following final acceptance of the proposed solution. The selected Contractor will be expected to be able to assume the responsibilities outlined herein within ten days of contract execution. III. Renewal Terms FDLE reserves the right to renew the contract resulting from this solicitation. Renewal of this contract shall be in writing and shall be subject to the terms and conditions set forth in the existing contract. Renewal shall be limited to an additional term not to exceed three (3) years. All renewals are contingent upon satisfactory performance by the Contractor and the availability of funds. IN WITNESS WHEREOF, the FDLE and Contractor have caused this Contract to be executed by their respective undersigned official(s) authorized to do so, effective on the date of final execution. <<Contractor>> Florida Department of Law Enforcement Signature Signature Title Title Date Date Page 83 of 86

84 ATTACHMENT H TECHNICAL QUESTIONS SUBMITTAL FORM For Attachment H, Respondents shall complete the form provided based on their questions relating to this RFP. The completed form shall be submitted in accordance with the instructions provided in B.9. The electronic response must be submitted as a Microsoft Word 2007 version file format. This form may be expanded as needed to facilitate response to this requirement. Respondent s Name: Respondent Question Number* RFP Page Number, Section Number, Subsection Reference* Question* *Add rows as necessary. *Authorized Representative s Signature *Typed Name and Title of Authorized Representative *This individual must have the authority to bind the Respondent. Page 84 of 86

85 ATTACHMENT I RESPONSE PACKAGE CHECKLIST To ensure that your response package can be accepted, please be sure the following items are completed and enclosed. This checklist is provided merely for the convenience of the Respondent and may not be relied upon in lieu of the instructions or requirements of this solicitation. Check off each of the following: 1. The Reference Form (Attachment A) has been completed with three references as required in this solicitation and enclosed in the response. 2. The Cost Response (Attachment B) has been completed, reviewed for accuracy, signed by authorized representative, and enclosed in the response. The authorized representative must have the authority to bind the Respondent. 3. The Drug-Free Workplace Certification (Attachment C), Disclosure Form (Attachment D), and List of Subcontractors (Attachment J) have been read, completed, signed, and enclosed in the original response, if applicable. 4. The Certified Minority Business Enterprise Certificate (CMBE) has been attached if applicable. _5. The Scope of Work, Section C has been thoroughly reviewed for compliance to the solicitation requirements. _6. The website has been checked and any Addendums posted have been completed, signed, and included in the original response. _7. The original response must be received, at the location specified, prior to the Response Opening Date and Time designated in the solicitation document. 8. The Respondent shall submit one signed original technical response and seven (7) copies thereof shall be bound, enclosed and sealed individually. The original shall be labeled Original Technical Response and all copies shall be labeled Technical Response Copy. The original and copies may then be submitted together. The Respondents should also submit an equal number of electronic copies of the response. The electronic format shall be submitted on CD, DVD-ROM or USB thumb drive. 9. The Respondent shall submit one signed original cost response and one (1) copies thereof shall be bound, enclosed and sealed individually. The original shall be labeled Original Cost Response and all copies shall be labeled Cost Response Copy. The original and copies may then be submitted together. The Respondents should also submit an equal number of electronic copies of the response. The electronic format shall be submitted on CD, DVD-ROM or USB thumb drive. 10. If Respondent considers any portion of its response to be confidential, the Respondent shall submit one (1) electronic, signed, redacted copy of the response titled Redacted Copy on compact disc. 11. On the lower left hand corner of the envelope transmitting your original response, write in the following information: Solicitation Number: RFP 1428 Title: IT Service Management (ITSM) Software Product and Consulting Services Response Opening Date & Time: May 29, 2014 at 2:00 PM EST Page 85 of 86

86 ATTACHMENT J LIST OF SUBCONTRACTORS Each Respondent shall submit with its response a list of the subcontractors who will perform work under the contract(s) that result from this solicitation. The Respondent shall have determined to its own complete satisfaction that a listed subcontractor has been successfully engaged in performing comprehensive performance audits for a minimum of five years as required by this specification and is qualified to provide the services for which he/she is listed. In the event that no subcontractor will be used, this form shall be returned indicati ng No Subc ontr ac tors w ill be used. NO SUBCONTRACTORS WILL BE USED: Subcontractor Name: Business Type: Address: City and Zip Phone # Licenses # Subcontractor Name: Business Type: Address: City and Zip Phone # Licenses # Subcontractor Name: Business Type: Address: City and Zip Phone: License # Subcontractor Name: Business Type: Address: City and Zip Phone: License # *Authorized Representative s Signature *Typed Name and Title of Authorized Representative *This individual must have the authority to bind the Respondent. Page 86 of 86