FLORIDA DEPARTMENT OF LAW ENFORCEMENT Request for Proposal Acknowledgement Form

Transcription

1 Page 1 of 47 pages Agency Release Date: November 12, 2015 Solicitation Title: FLORIDA DEPARTMENT OF LAW ENFORCEMENT Request for Proposal Acknowledgement Form SUBMIT PROPOSAL TO: Department of Law Enforcement Office of General Services 2331 Phillips Road Tallahassee, Florida Telephone Number: Solicitation Number: FDLE RFP 1608 Proposals are Due: December 10, 3:00 ET Proposals shall be binding until execution of a Contract with the successful Vendor. Vendor Name: If a Fictitious Name is used include registered name (i.e. XYZ, Inc. D/B/A ABC) Vendor Mailing Address: City, State, Zip: Phone Number: Toll Free Number: Fax Number: Address: FEID Number: Type of Business Entity (Corporation, LLC, partnership, etc.): *Authorized Signature (Manual) *Authorized Signature (Typed), Title *This individual must have the authority to bind the Vendor. VENDOR CONTACTS: Provide the name, title, address, telephone number, and address of the official contact and an alternate, if available. These individuals shall be available to be contacted by telephone or attend meetings as may be appropriate regarding the solicitation schedule. PRIMARY CONTACT: SECONDARY CONTACT: Contact Name, Title: Address: Phone Number: Fax Number: Address: Contact Name, Title: Address: Phone Number: Fax Number: Address:

2 SOLICITATION INTRODUCTION The 10 Most Critical Things to Keep in Mind When Responding to a Solicitation for the 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 e mail 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 (VBS) website ( and will include all questions asked and answered concerning the Solicitation. 5. Follow the format required in the Solicitation when preparing your Proposal. Provide point by point response 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 the Proposal. 7. Check the VBS website for Solicitation addenda. Before submitting your Proposal, check the VBS website to see whether any addenda were issued for the Solicitation. Some addenda require that you sign and return them with the Proposal. 8. Review and read the Solicitation document again to make sure that you have addressed all requirements. Your original Proposal 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 Proposal. 9. Submit your Proposal 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 Proposals may not be considered. FDLE RFP 1608 Page 2

3 SECTION A INTRODUCTION TO THE REQUEST FOR PROPOSAL 1. Introduction The is requesting Proposals from qualified Vendors to provide instructor led network security training to support information technology security personnel within the State of Florida. The target audience for this instruction will be local, state and private organization information technology professionals associated with information security related to any of the five lifeline critical infrastructure sectors (energy, transportation, communications, water and emergency services). The facilitation of this training and all related activity will be regulated by the Florida Department of Law Enforcement. 2. Definitions a) FDLE/Department: The State of Florida, Department of Law Enforcement b) Department Business Hours: Typically 8:00 A.M. through 5:00 P.M., Monday through Friday, during which time FDLE conducts routine business. c) Department Non Business Hours: Typically holidays, weekends, and night time frames in which FDLE is closed to conducting routine business. d) Department Observed Holidays: State of Florida Holidays currently observed by FDLE are available at: hr_practitioners/2015_state_holidays e) Certified Minority Business Enterprise: A business which has been certified by the Florida Department of Management Services, Office of Supplier Diversity, in accordance with Section (2) (e), Florida Statutes and Chapter 60A 9, Florida Administrative Code. f) Confidential Information: Information which is protected from disclosure as a public record by law as confidential or confidential and exempt. g) Contract: A written agreement between FDLE and the awarded Vendor, including all documents, exhibits and attachments specifying services to be performed or provided by the Vendor, billing rates for these services and the manner in which the Vendor shall be compensated for these services, executed by both the Vendor and FDLE. h) 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. FDLE RFP 1608 Page 3

4 i) Contractor: The person or entity that enters into a Contract to sell commodities or contractual services to FDLE. j) Invoice: Contractors itemized document stating prices and quantities of goods and/or services delivered, and sent to FDLE for verification and payment. k) Proposal: All materials submitted by a Vendor in response to this solicitation. l) Vendor: The person, entity or Vendor submitting a Proposal in Response to this solicitation. m) 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. n) Responsive Vendor: A vendor that has submitted a bid, proposal, or reply that conforms in all material respects to the solicitation requirements. o) Subcontractor: A person or entity contracting to perform part or another s entire contract in support of the services being provided in this solicitation, upon Agency approval. p) Vendor: A person or entity that sells or offers to sell commodities or contractual services to the State of Florida. q) Vendor Bid System (VBS): The system which allows all state agencies to advertise solicitations and exceptional purchases on MyFlorida.com. It also permits registered vendors to receive automatic notification of solicitation advertisements, addendums to solicitation, and exceptional purchases. 3. Program Office: FDLE, Investigations and Forensic Services 4. Procurement Officer: Michelle Faircloth Office of General Services 2331 Phillips Road Tallahassee, Florida Phone: (850) Michellefaircloth@fdle.fl.state.us 5. PUR 1001 GENERAL INSTRUCTIONS TO VENDORS. The State of Florida General Instructions to Vendors (PUR 1001) are hereby referenced and incorporated in their entirety into this RFP. Please download and save this document for further review. Vendors are encouraged to carefully review all materials contained herein and prepare Proposals accordingly. There is no need to return this document back to the FDLE. The FDLE RFP supersedes any conflicting terms and conditions contained within the PUR1001. FDLE RFP 1608 Page 4

5 6. PUR 1000 GENERAL CONTRACT CONDITIONS The State of Florida General Terms and Conditions (PUR 1000) are hereby referenced and incorporated in their entirety into this RFP. 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 Proposals accordingly. There is no need to return this document back to the Department of Law Enforcement. 7. Restrictions on Communication Vendors 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 Proposal. 8. 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 addenda. All listed times are local in Tallahassee, Florida. Activity Date/Time Location Solicitation Issued by the Department Deadline for Receipt of Vendor Written Questions Anticipated Date for Department Response to Vendor Written Questions Deadline for Vendor Proposal Receipt and Opening of Proposals (Public Meeting) Evaluation Team Public Dissemination of Technical Proposal Scores (Public Meeting) Vendor Demonstrations November 12, 2015 November 19, :00 P.M. November 25, 2015 December 10, :00 P.M. December 30, :00 A.M. January 4, 2016 January 8,2016 Time/Dates TBD Electronically Posted Office of General Services Michellefaircloth@fdle.state.fl.us Electronically Posted Office of General Services 2331 Phillips Road Tallahassee, Florida Phillips Road Tallahassee, Florida Phillips Road Tallahassee, Florida FDLE RFP 1608 Page 5

6 Evaluation Team Public Dissemination of Vendor Demonstrations Scores (Public Meeting) Anticipated Notice of Intent to Award 9. Addenda January 13, :00 A.M. January 14, Phillips Road Tallahassee, Florida Electronically Posted FDLE reserves the right to amend this RFP. Addenda or clarifications to this RFP will be posted on the state of Florida, Vendor Bid System (VBS) along with an Addenda Acknowledgement Form. The Addenda Acknowledgement Form that is issued with each posting shall be signed by an individual authorized to bind the Vendor, dated, and submitted with the Proposal. It is the Vendor s responsibility to monitor the VBS for any solicitation notifications. 10. Vendor Questions The Vendor will examine the RFP to determine if the requirements are clearly stated. If there are requirements which restrict competition, Vendors may submit a protest to the specifications as instructed herein. Requests must identify and describe the difficulty meeting specifications, provide detailed justification and provide the recommended changes. Change requests or protests to the RFP specifications must be received by the Procurement Officer no later than the 72 hour period prescribed in Section (3) Florida Statutes. FDLE will determine what, if any, changes to the RFP will be acceptable. If required, FDLE will issue an addendum reflecting the acceptable changes. Failure to file a protest of RFP specifications, addenda, questions and/or agency answers within the time prescribed in Section (3), Florida Statutes, shall constitute a waiver of proceedings under Chapter 120, Florida Statutes. Any request for specification changes or questions from Vendors concerning this RFP shall be submitted in writing, identifying the Vendor, to the Procurement Officer, by the date and time specified in The Solicitation Timeline. E mail inquiries are preferred; however, a hard copy or facsimile is acceptable. All questions, answers and/or changes to the solicitation will be posted on the VBS as Addenda. It is the prospective Vendor 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 Vendor s failure to obtain the information made available through the Florida VBS. Vendor request for specification changes or questions should be submitted in the format included in Attachment A Questions Submittal Form. The Vendor 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 Vendor because of lack of knowledge of conditions or requirements, and the selected Vendor will not be relieved of any liabilities or obligations. Information will not be provided by telephone. Any information received through oral communication shall not be binding on the Agency and shall not be relied upon by any Vendor. FDLE RFP 1608 Page 6

7 11. Solicitation Requirements Timely Vendor Proposals 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 solicitation are those set forth as mandatory, or without which an adequate analysis and comparison of Proposals is impossible. The uses of the terms shall, must, or will within the solicitation documents indicate a MANDATORY requirement or condition. Failure to meet such mandatory requirements or conditions shall result in the Proposal being rejected as nonresponsive. 12. Cost of Preparing a Vendor Proposal FDLE is not liable for any costs incurred by a Vendor in responding to this RFP including but not limited to: site visits; presentations; conferences; postage; copying; travel; etc. All costs associated with a Vendor s response Proposal to this RFP will be the responsibility of the Vendor. 13. Elaborate Proposals It is not necessary to prepare your Proposal using elaborate brochures and artwork, expensive paper and bindings, or other expensive visual presentation aids. Your Proposal should be prepared in accordance with the instructions herein. 14. Disclosure and Ownership of Proposals by FDLE Except as provided in Section A. 15, a Vendor s Proposal shall be a public record and subject to production, disclosure, inspection and copying consistent with the requirements of Chapter 119, Florida Statutes. A Vendor Proposal, 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 Statutes, and FDLE, in its sole discretion, shall have the right to use, reproduce, and disseminate the Proposal and Contract. As applicable: writings; publications; videos; reports; equipment; recordings; computer programs; computerized data bases; data processing programs; pictorial reproductions; drawings; specifications; graphical representations; and works of similar nature (whether copyrighted or not copyrighted), which are submitted with a Proposal shall be maintained by FDLE and may be released as public records. 15. Vendor s Duties to Assert Exemption from Disclosure as a Public Record Any Proposal content submitted to FDLE which is asserted to be exempted by law from disclosure as a public record shall be 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 clearly identify any such content shall constitute a waiver of any claimed exemption as applied to the portion of the Proposal or other document in which the content is set forth. FDLE RFP 1608 Page 7

8 An entire page or paragraph in which such information appears should not be marked EXEMPT, confidential or trade secret unless the entire page or paragraph consists of such confidential information. Only the confidential portions(s) should be identified and marked. Vendors are to indicate where confidential information begins and ends. 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), Florida Statutes, or Section , Florida Statutes, where identified as such in the Proposal, to the extent permitted under Section , Florida Statutes, and Chapter 119, Florida Statutes. Each Responding Vendor acknowledges that the protection afforded by Section , Florida Statutes, is incomplete, and hereby agrees that no remedy for damages may arise from any disclosure by FDLE. It will be the responsibility of the Vendor to defend the confidentiality of its trade secrets through the judicial process. FDLE takes its public records responsibilities under chapter 119, Florida Statutes, and Article I, Section 24 of the Florida Constitution, very seriously. If a Vendor 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 Vendor must also provide FDLE with a separate Redacted Copy of its Proposal, in hard copy and on a CD, DVD ROM or USB flash drive, at the time of Proposal submission. This Redacted Copy should contain FDLE s solicitation name, number, and the name of the Responding Vendor on the cover, and should be clearly titled Redacted Copy. The Redacted Copy must be provided to FDLE at the same time the Vendor submits its Proposal and must only exclude or obliterate those exact portions which are exempted by law from public disclosure. The Vendor 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 protect information redacted by the Vendor, 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 disclosure. If a Vendor fails to submit a Redacted Copy with its Proposal as described herein, FDLE is authorized to produce the entire document(s), data or records submitted by the Vendor in answer to a public records request. 16. Firm Response FDLE intends to execute the Contract as soon as possible after the posting of FDLE s decision. FDLE, at its sole discretion, may terminate discussions with the highest ranked responding Vendor if a Vendor attempts to amend, alter or reject the Terms and Conditions of this solicitation as specified or if a Contract is not executed within a reasonable timeframe as determined by FDLE. As a result of such conditions, FDLE may proceed to award the Contract to the second ranked Proposal. FDLE RFP 1608 Page 8

9 Vendor submitted Proposals shall remain firm and valid until a contract is fully executed or ninety (90) Days after receipt of the Proposal. The Responding Vendor shall not withdraw any Proposal within this time period except as described in Section B.10. Any Proposal that expresses a shorter duration of validity may, in FDLE s sole discretion, be accepted or rejected. 17. Legal Requirements Applicable provisions of all Federal, State, County and local laws and administrative procedures, regulations, or rules shall govern the development, submittal, and evaluation of all Proposals received in response hereto and shall govern any and all claims and disputes which may arise between the Vendor submitting a Proposal hereto and the Agency. Lack of knowledge of the law or applicable administrative procedures, regulations or rules by any Vendor shall not constitute a cognizable defense against their effect. 18. MyFloridaMarketPlace Vendor Registration Each Vendor desiring to sell commodities or contractual services as defined in Section , Florida Statutes to the state of Florida through the on line procurement system shall register in the MFMP system, unless exempted under subsection 60A 1.030(3), Florida Administrative Code. Prior to entering into a Contract with FDLE, the selected Vendor must be registered with the Florida Department of Management Services (DMS) MyFloridaMarketPlace (MFMP) Vendor Information Portal. 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 MFMP Customer Service at (866) FLA EPRO {(866) )} or from DMS State Purchasing, 4050 Esplanade Drive, Suite 300, Tallahassee, Florida A Vendor not currently registered in the MFMP system and is noticed as the intended awardee shall register within three (3) days after posting of intent to award. Vendors should register for the following United Nations Standard Products and Services (UNSPSC) Class/Group Commodity Codes pertaining to this procurement: SPECIALIZED EDUCATIONAL SERVICES TRAINING FACILITATION SERVICE TRAINING WORKSHOP SERVICE 19. Florida Department of State Registration Requirements All entities identified under chapters 607, 608, 617, 620, and 621, Florida Statutes, seeking to do business with FDLE should, prior to award of a contract, be appropriately registered with the Florida Department of State. 20. Florida Substitute Form W 9 Process The State of Florida, Department of Financial Services (DFS) requires all vendors that do business with the state submit an electronic Substitute Form W 9. Vendors must submit their W 9 forms electronically at to receive payments from the state. Contact DFS Customer Service Desk at (850) or FLW9@myfloridacfo.com with any questions. FDLE RFP 1608 Page 9

10 21. Vendor Diversity The State of Florida is committed to supporting its diverse business industry and population by providing opportunity for minority, women, and service disabled veteran business enterprises in all its solicitations. Vendors are encouraged to contact the Department of Management Services, Office of Supplier Diversity (OSD) at (850) / osdhelp@dms.myfloria.com for information on becoming a Certified Minority Business Enterprise (CMBE) or for a listing of existing businesses that may be available for subcontracting or supplier opportunities. A directory of Florida CMBE s is also available at Subcontractors The awarded Vendor will not be allowed to subcontract the instructor lead training to a third party. Training venue and miscellaneous administrative services may be allowed to be subcontracted through the resulting Contract; however, each Vendor must obtain FDLE s prior written approval. The awarded Vendor 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 Vendor s Proposal (Attachment B). Requests for use of subcontractors received subsequent to the RFP process are subject to review and approval by FDLE. FDLE supports diversity in its procurement program and requests that any or 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. Vendors may contact the Office of Supplier Diversity for additional information. 23. Conflict of Interest The Vendor covenants that it presently has no interest in and shall not acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance of the services required to be performed under the Contract resulting from this solicitation (Attachment C). The selected Vendor shall be required to provide written notification to FDLE within five (5) working days of the discovery of any potential conflict of interest. FDLE reserves the right to make an independent determination as to whether or not a conflict of interest exists. 24. Scrutinized Companies Lists (Contracts for $1 million or more) Section , Florida Statutes, prohibits agencies from contracting with companies, for goods or services over $1,000,000 that are 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 s , or are engaged in business operations in Cuba or Syria. In executing a Contract, the Vendor 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, and is not engaged in business operations in Cuba or Syria. The Vendor understands that FDLE RFP 1608 Page 10

11 pursuant to section , Florida Statutes, the submission of a false certification may subject it to civil penalties, attorney s fees, and/or costs; and that any contract with the Department for goods or services of $1 million or more may be terminated at the option of the Department if the Vendor is found to have submitted a false certification or has been placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or has been engaged in business operations in Cuba or Syria. 25. Non Exclusive Rights Nothing in this RFP or the Contract resulting from this RFP shall preclude FDLE from purchasing services as described in this RFP from other Vendors. 26. Proposal as Part of the Contract This RFP and the successful Vendor s Proposal will be incorporated into the FDLE Contract. 27. Standard Contract Provisions A draft Contract is provided as Attachment D. The successful Vendor will be required to sign and execute the final Contract as provided by FDLE. FDLE reserves the right to add, delete, or modify Contract terms and conditions during contract development. The Contractor will be required to comply with the Contract provisions agreed to in the final Contract. 28. Vendor Generated Terms and Conditions Vendors shall not submit additional terms and conditions, objections to FDLE terms and conditions, or FDLE terms and condition modifications with their Proposal submission. Vendor additions, objections or modifications will be considered non responsive. Vendors are afforded the opportunity to request specification changes through the addenda clarification process as described in Section A.10. No oral agreements or representations shall be valid or binding upon FDLE or the Vendor unless expressly contained herein or by a written addenda to this RFP or amendment to the resulting Contract. 29. Anticipated Contract Period The contract resulting from this solicitation is expected to begin upon execution and remain in effect for a period of one (1) year. The selected Vendor will be expected to be able to assume the responsibilities outlined herein upon Contract execution. FDLE reserves the right, by evidence of a contract amendment, to renew the Contract for a period not to exceed three (3) years. Renewal of the Contract shall be in writing and shall be subject to the terms and conditions set forth in the existing Contract. Costs for the renewal may not be charged and all renewals are contingent upon satisfactory performance by the Contractor and the availability of funds. FDLE RFP 1608 Page 11

12 30. Contract Execution The successful Vendor will be required to execute and return the Contract within the prescribed business days from the date it was delivered to the successful Vendor by FDLE. FDLE reserves the right to withdraw the tendered Contract and award this to another responsive Vendor if the FDLE issued Contract document is not received within the prescribed business days. 31. Terms and Conditions All Proposals are subject to the terms of the following sections of this solicitation, which, in case of conflict, shall have the order of precedence listed: A. FDLE Contract Document with Standard Terms and Conditions (Attachment D); B. FDLE Statement of Work (Section C); C. Special Instructions for the Preparation and Submission of Responses (Section B); D. General Conditions (PUR 1000); and E. General Instructions to Vendors (PUR 1001); F. Any Addenda to the RFP. Failure to comply with terms and conditions found in this solicitation or incorporated by reference, including those specifying information that must be submitted with a Proposal, may result in rejection of a Proposal. 32. Reserved Rights FDLE reserves the right to: Amend this RFP; Waive minor irregularities in submitted Proposals; Conduct a Proposal Administrative Review to cure deficiencies not related to Technical Specifications of the RFP; Request clarifications from Vendors; Reject any or all Proposals received in response to this RFP if FDLE determines such action is in the best interest of the State or due to unavailability of funds; and Request additional information to asses a Vendor s capabilities. Remainder of Page Intentionally Left Blank FDLE RFP 1608 Page 12

13 SECTION B PROPOSAL SUBMISSION 1. Special Instructions for the Preparation and Submission of Proposals The instructions for this solicitation have been designed to help insure that all Proposals 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 is subject to not being reviewed or evaluated. Proposals will be divided into three Volumes for FDLE consideration: VOLUME ONE: VOLUME TWO: VOLUME THREE: Technical Response Administrative Qualification Documents Price Proposal The Responding Vendor s VOLUME ONE: Original Technical Response, Technical Response copies and VOLUME TWO: Administrative Qualification Documents shall be packaged and sealed separately from VOLUME THREE: Price Proposal. Each package should be addressed to the Procurement Officer and display: the Responding Vendor name; the solicitation number; solicitation title; Proposal due date; and designation as VOLUME ONE: Technical Response and VOLUME TWO: Administrative Qualification Documents or VOLUME THREE: Price Proposal as indicated in this section: Attention: Michelle Faircloth Office of General Services 2331 Phillips Road Tallahassee, Florida Responding Vendor Name Solicitation Number: FDLE RFP 1608 Title: Proposal Opening: December 10, 2015 / 3:00 PM ET VOLUME ONE: TECHNICAL RESPONSE AND VOLUME TWO: ADMINISTRATIVE QUALIFICATION DOCUMENTS OR (as applicable) VOLUME THREE: PRICE PROPOSAL 2. VOLUME ONE: Technical Response Failure of the Vendor to provide any of the information required in the Technical Response portion of the Proposal may result in a score of zero for that element of the evaluation or may result in the Proposal being deemed non responsive and rejected. FDLE RFP 1608 Page 13

14 The Technical Response package should be prepared by each responding Vendor utilizing 8.5 x 11 paper. If the Technical Response is submitted in a binder, the binder should be clearly labeled on the front cover and spine. All pages should be consecutively numbered. Using the description of work described in Section C, Statement of Work, Vendors should prepare their Technical Response packages in the order outlined below, with the sections tabbed for ease of identification and review. A. Tab 1 Firm Qualifications 1. Executive Overview a. Vendors should include a synopsis of the scope that demonstrates an understanding of the Department s RFP requirements, how the Vendor will accomplish these requirements and their proven knowledge and experience in facilitating an instructor lead. b. The Vendor should provide the following information: Name and address of the business entity submitting the Proposal, which will execute the resulting Contract. Ownership (public company, partnership, subsidiary, privately held, etc.) Place of incorporation, or other form of organization (if applicable) Name, address and function of Subcontractors, associated companies, or consultants that may be involved in any phase of the Contract. Please note that Subcontractors, associated companies and/or consultants are to be approved prior to the initiation of services by FDLE. 2. Historical Performance The purpose of this section is to provide FDLE with a basis for determining the Vendor s direct experience in facilitating information security training. Vendors should describe information security training examples it has executed in the last two (2) years that are of scope and size to the services sought in this RFP. Please be sure to identify all relevant similarities or differences to such trainings when compared to the training services sought in this RFP. FDLE desires a concise but thorough description of relevant experience, not a voluminous description of all previous or ongoing contracts. FDLE will give special consideration to Vendor s who have been providing information security training for more than ten (10) years. 3. Litigation Vendors are required to list and summarize any pending or threatened litigation; administrative or regulatory proceedings; or similar matters that could materially affect the Vendor or that could materially affect the Vendor s ability to service FDLE. In addition, the Vendor must describe any administrative or civil litigation involving the Vendor and any State or Federal entity in the last three (3) years. FDLE RFP 1608 Page 14

15 B. Tab 2 Course Offering The objective of the Course Offering Section is to demonstrate the Vendor s ability and readiness to successfully deliver the Course as requested. Vendors should include in their Proposal a descriptive response for each of the FDLE goals listed in Section C. (2), Goals. C. Tab 3 Training Venue Vendors should provide a description of the proposed venue or venue options in accordance with Section C. (3), Venue. Vendors who provide multiple options in their proposal must include such options in the price per student/seat fee on Attachment D. D. Tab 4 Program Requirements FDLE has identified specific requirements which must be met by the Vendor to facilitate, conduct and provide the. Vendors must include in their Proposal a descriptive response for each FDLE program requirement listed in Section C. (4), Requirements. Vendor s should also provide a brief description for each proposed Instructor to include abbreviated résumé, credentials, practical experience with evidence of proven knowledge and familiarity facilitating information technology training as outlined in the Goals. E. Tab 5 Security Training Desired Options FDLE recognizes that with limited travel budgets and the availability of new technology, not every student may be able to travel on location to the Course. Vendors should include in their Proposal a description of their capabilities for each of the FDLE desired options listed in Section C. (5), Desired Options. 3. VOLUME TWO: Administrative Qualification Documents A. Tab 1 Attachments, Forms and Certifications Proposals to this RFP should include the following original documents and certifications: 1. Acknowledgement Response Form 2. Addenda Acknowledgement Form (if applicable) 3. List of Subcontractors (Attachment B) 4. Disclosure Statement/Conflict of Interest Disclosure (Attachment C) 5. Drug Free Workplace Certification (Attachment F) 6. Attach a copy of your Certified Minority Business Enterprise (CMBE) Certification, if certified with DMS (if applicable). FDLE RFP 1608 Page 15

16 B. Tab 2 Past Performance References In Attachment G (Vendor References), the Vendor should list a minimum of five (5) separate and verifiable clients which it has supplied similar training comparable to that described by the specifications of this RFP. This client list must be current and restricted to the last twenty four (24) months. Confidential clients must not be included. For the five (5) references listed, Vendors should provide the Client/Customer Referral Form (Attachment H) from the entity providing the reference. These references must be completed by the entity providing the reference in accordance with the instructions provided on Attachment H. The Procurement Officer reserves the right to contact the Vendor s references to verify the information provided by the reference. The evaluation team may also elect to contact the references to obtain further information regarding the Vendor s performance. In addition, the evaluation team reserves the right to use references other than those provided by the Vendor when making its best value determination. Firms that are currently parent or subsidiary companies to the Vendor will not be accepted as Past Performance references under this solicitation. In the event that a Vendor has had a name change since the time services were provided for a listed reference, the name under which the Vendor operated at the time the work was performed must be given at the end of the project description provided on Attachment H. In the event a Vendor submits 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 to be five (5). 4. VOLUME THREE: Price Proposal The Vendor s Price Proposal (VOLUME THREE) shall be packaged and sealed separately from its Technical Response (VOLUME ONE) and Administrative Qualification Documents (VOLUME TWO). Failure by the Vendor to submit the Price Proposal sealed separately from the Technical Response and Administrative Qualification Documents may result in the Response being deemed non responsive and therefore rejected. Sealed VOLUMES may be submitted in the same shipping container. Each Vendor shall use the form provided as Attachment E, Price Proposal Sheet, to provide a price per student/seat in Table A for the as described in this solicitation. The rates provided shall include the cost of all things necessary to accomplish the services outlined in Section C and the Vendor s response hereto, including, but not limited to the vendor coordinating and facilitating the ; all training materials; training venue; MyFloridaMarketPlace transaction fees; miscellaneous expenses; and the application of all multiples (i.e. overhead, fringe benefits, etc.), Instructor/Vendor travel and incidental expenses. Failure by the Vendor to provide a price on Attachment E may result in the Proposal being deemed non responsive and therefore, the Proposal may be rejected. Footnotes, notations, and exceptions made to Attachment E may not be considered. FDLE RFP 1608 Page 16

17 Please note that student travel, lodging and meals will not be considered as part of the price per student/seat. Vendors may also provide a separate service fee for each FDLE Desired Option in Attachment E, Price Proposal Sheet, Table B. These service fees will be considered prior to Contract award but are not part of the determination for award. Vendors must not include any Technical Response information or alternative Terms and Conditions within the Price Proposal Sheet. Proposals which include such information in or attached to the Price Proposal Sheet will be rejected as non responsive. 5. Submittal Requirements One (1) original Technical Response (VOLUME ONE) and three (3) copies thereof shall be bound, enclosed and sealed individually. The original should be labeled Original Technical Response and all copies should be labeled Technical Response Copy/ # of 3. Each Original and Copy shall also contain the Proposal in electronic format submitted on CD, DVD ROM or USB flash drive. The original, copies and electronic submissions may be packaged together. If a Vendor considers any portion of its Technical Response to be confidential, the Vendor must submit a separate hard copy with CD, DVD ROM or USB flash drive in accordance with Section A. 15. This hard copy with CD, DVD ROM or USB flash drive should be titled Redacted Copy. One (1) signed original Administrative Qualifications Documents (VOLUME TWO) shall be enclosed and sealed separately or with the Technical Response (VOLUME ONE). The Vendor shall also provide one (1) copy in electronic format to be submitted on CD, DVD ROM or USB flash drive. One (1) signed original Price Proposal Sheet (VOLUME THREE) shall be enclosed and sealed separately. The Vendor shall also provide one (1) copy in electronic format to be submitted on CD, DVD ROM or USB flash drive. Electronic files should 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 Vendor fails to submit the electronic, signed copies with its response, FDLE reserves the right to contact the responding Vendor by telephone for submission of this document via . This right will be exercised only when the Proposal has met all other requirements of the solicitation. 6. Submission of Vendor Proposal A Vendor s Proposal must be submitted in a sealed package/container with the solicitation number and opening date and time identified on the outside. Proposals must be submitted by U.S. Mail, United Parcel Service (UPS) Federal Express (FedEx), private courier, or hand delivery. Electronic submission or facsimile transmission of a Vendor s Proposal is not authorized and will not be accepted for this solicitation. FDLE RFP 1608 Page 17

18 It is recommended that all Proposals 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 hand delivering the Proposal, please allow for sufficient time to gain access into the building. PROPOSALS RECEIVED AFTER THE EXACT TIME SPECIFIED WILL NOT BE CONSIDERED. 7. Proposal Opening The Proposal opening will be held at the time and date specified in the Solicitation Timeline in the Office of General Services, 2331 Phillips Road, Tallahassee, Florida. The name of all Vendors submitting Proposals shall be made available to interested parties upon written request to the Procurement Officer. Any person with a qualified disability shall not be denied equal access and effective communication regarding any documents or attendance at any related meeting or Proposal opening. 8. Proposal Administrative Review A. Non Responsive Proposals Each Vendor shall submit a Proposal that meets all material requirements of this RFP. FDLE reserves the right to determine whether the Proposal meets the material requirements as outlined in the RFP solicitation. Material requirements of this solicitation are those without which adequate analysis and comparison of Proposals is impossible, or those that affect the competitiveness of Proposals. FDLE seeks to maximize competition and reserves the right to seek clarification from responding Vendors to obtain non material information to complete a responsiveness review. Failure of a Vendor to provide required information may cause a Vendor to be deemed Non Responsive and therefore be disqualified from further consideration. Non Responsive Proposals may include, but are not limited to, those which: fail to utilize, complete, and/or submit the mandatory prescribed forms; include terms and conditions contrary to the requirements of this solicitation; do not contain original authorized signatures; contain Technical Response information contrary to those outlined in this RFP; do not meet the minimum score criteria for the Technical Proposal written response; or are not in conformance with the requirements and instructions contained herein. A NON RESPONSIVE PROPOSAL WILL NOT BE CONSIDERED UNLESS, AT FDLE S DISCRETION, THE DISCREPANCY DOES NOT PREVENT REVIEW OF THE PROPOSAL BY FDLE AND CAN BE EASILY AND QUICKLEY REMEDIED. FDLE reserves the right to wave minor irregularities in a Proposal. A minor irregularity is a variation of a technical nature to this RFP which does not affect the price of the Proposal or give the Vendors a substantial or unfair advantage over other Vendors. At its sole discretion, FDLE may request a Vendor to provide clarifying information or additional materials to correct a minor irregularity. However, FDLE will not request, and the Vendor shall not provide, additional materials that affect the price of the Proposal or give the Vendor an advantage or benefit not provided to all responding Vendors. FDLE RFP 1608 Page 18

19 B. Disqualification for Non Responsibility FDLE reserves the right to utilize sources other than those identified by the Vendor to obtain additional information regarding the prospective vendor s capability of fully performing a contract for the services outlined in this RFP as well as its integrity and reliability to assure good faith performance. Information obtained from additional sources may be used to determine whether the Vendor is a Responsible Vendor. FDLE will reject the Proposal submitted by any Vendor deemed not to be a Responsible Vendor. Such additional sources may include, but are not limited to, news sources; court filings; internet searches; and online reports available from state or federal agencies. Factors that may result in finding that the prospective Vendor is not a Responsible Vendor include, but are not limited to, filing for bankruptcy or insolvency; conviction of a crime by any corporate officer involving fraud; dishonesty, unfair or deceptive trade practices; bid or price fixing; or any other offense related to corporate business practices or having a contract with any state or governmental entity terminated for breach or for failure to perform within the past three (3) years. 9. Less than Two Responsive Proposals In the event that FDLE receives less than two Responsive Proposals, FDLE may negotiate the best terms and conditions with the single Responsive Vendor. 10. Withdrawal of Proposal Vendors may modify submitted Proposals at any time prior to the Proposal due date specified in the Solicitation Timeline. Requests for modification of a submitted Proposal shall be in writing and must be signed by an authorized signatory of the Vendor. Upon receipt and acceptance of such request, the entire Proposal may be returned to the Vendor and not considered unless resubmitted by the due date and time. Vendors may also send a change in a sealed envelope to be opened at the same time as the Proposal. The RFP number, due date and time should appear on the envelope of the modified Proposal. 11. Right to Accept or Reject FDLE reserves the right to accept or reject any or all Proposals received; re solicit for new Proposals; abandon the need for such commodities and services; or to make an award without further discussion of the Proposals submitted. Remainder of Page Intentionally Left Blank FDLE RFP 1608 Page 19

20 1. Course Overview SECTION C STATEMENT OF WORK FDLE is requesting instructor led network security training to support information technology (IT) security personnel throughout the state of Florida, with an emphasis on personnel in industries and agencies associated with any of the five lifeline critical infrastructure sectors. Lifeline critical infrastructure sectors represent infrastructure assets which can be categorized as supporting energy (i.e.: oil, natural gas, electricity), transportation (rail, aviation, highway, public transit, marine), communications (including supporting information technology), water (both potable and wastewater) and emergency services. Instruction shall be provided to a minimum of fifty (50) students (seats) and maximum of one hundred twenty five (125) seats, as determined by FDLE. 2. Course Goals The goal for this training course is to offer instruction designed for information security professionals tasked with maintaining information technology resources in support of critical infrastructure assets. FDLE recognizes that critical infrastructure assets increasing rely on internet connectivity to operate. As such, infrastructure assets are increasingly prone to attack. This course must provide students with a firm understanding of information security essentials. FDLE seeks to increase Florida s resilience to cyber attack across multiple government or privately owned lifeline critical infrastructure assets by providing these security professionals training that offer well rounded instruction to increase understanding in: Network security principles and key areas of network security including information assurance, CIA triad (Confidentiality, Integrity and Availability), computer security policy, business continuity, disaster recovery, access control, password management, and attacker methodologies. How computer networks and their underlying networking protocols work. Security elements such as network traffic analysis and network security devices, network topologies, and virtual machine implementation as related to network security. TCP/IP concepts in relation to information/network security. Overall concepts of defense in depth with instruction in the use of technologies available to address these issues and reduce risk and security IT environments. Concepts of web security, perimeter protection, vulnerability scanning, intrusion detection and prevention, host based protection and forensics. Critical security controls concepts, risk assessment, and anti forensic concepts including cryptography and stenography. Microsoft Windows security issues including windows security infrastructure, security patching, user access controls, and security group policy. Methodologies for securing the Microsoft network environment. FDLE RFP 1608 Page 20

21 The Unix/Linux operating system, network environment and specifics on implementing security in these environments. Unix/Linux operating system services, logging, account management and maintenance. The use of tools designed for security implementation on Unix/Linux systems. Incident response fundamentals covering legal issues, identification, containment, eradication, and investigative techniques. How to find and address compromised systems on a network. The importance of effective communication of security needs and landscape to key decision makers in an organization. 3. Venue The Contractor will be required to provide a primary location training venue for the Information Security Training, as approved by FDLE, to include but not be limited to: a. Training/conference room reservations for five (5) consecutive days in one Central Florida location for a minimum of 50 people; b. ability to increase seat attendance at the primary location at the direction of FDLE up to a maximum of 100 seats; c. compliance with Section (2) Florida Statutes associated with Green Lodging as designated from the Department of Environmental Protection; d. all audio / visual training room requirements; e. adequate parking; f. sufficient seating and/or tables to accommodate each student; g. adequate electrical outlets of at least one outlet per student; and h. any needed computer network equipment and/or cabling needed to support instruction. Please note the costs associated with this Training Venue are to be included in the price per student/seat rate listed on Attachment E, Price Proposal, Table A. Food items, drinks and/or entertainment beyond basic water stations are prohibited expenditures and will not be included in this price rate. 4. Program Requirements The Contractor will be required to facilitate, conduct and provide the following Information Security Training, as approved by FDLE, to include: a. Instructor led training for five (5) consecutive days; b. coordinate all proposed training dates and schedule classroom venue/s; c. student registration process; FDLE RFP 1608 Page 21

22 d. coordinate student registrant information with FDLE for roster approval; e. established classroom aids (e.g. Power Point), hands on instructor led lab exercises, and student take home printed materials (i.e. textbooks/workbooks); f. instruction based on established information security industry accepted concepts with proven content delivery methodology; g. all course materials including any necessary tools, manuals and textbooks for each student; h. a comprehensive list of student attendance and copies of certification of course completion to FDLE; and i. all training activities for fifty (50) to one hundred twenty five (125) students shall be complete no later than October 31, Please note the costs associated with these Training Program Requirements are to be included in the price per student rate listed on Attachment E, Price Proposal Sheet, Table A. 5. Desired Options FDLE desires the following capabilities to be included in the : a. Contractor facilitated simulcast up to two (2) remote classroom venues within Florida (preferably North and South Florida) with Contractor provided, onsite assistant instructors at each location for up to twenty five (25) seats per location. Remote location(s) will include all provisions as specified for the primary location. b. Contractor offers this training as part of a larger curriculum that builds upon Goal Course and Contractor Requirements listed in this section. These options are not to be included in the price per student rate (Table A). Please see Attachment E, Price Proposal Sheet, Table B. 6. Target Audience FDLE will select students from local, state and private organizations within Florida who are designated by FDLE to be in need of training assistance and professionals who may not have had the opportunity to benefit from such training previously in their career. FDLE s goal is to offer well developed industry accepted training for IT professionals who may not be able to pursue it otherwise. The training as described in this Scope of Work will be provided for a minimum of fifty (50) at the primary location, to a maximum of one hundred twenty five (125) students/seats. FDLE reserves the right to schedule additional trainings at the designated or satellite venues as Proposed in response to this solicitation. FDLE will have final approval for Contractor proposed dates, venue, classroom aids, student roaster, course curriculum, etc. as described in this section. FDLE RFP 1608 Page 22

23 SECTION D EVALUATION PROCESS Proposal scoring, as described in this section, is designed to determine which Proposal offers the best apparent solution and greatest overall benefits to the state. FDLE will evaluate Proposals in three (3) phases after an administrative proposal qualification review is completed. The three (3) phases are: Technical Response Evaluation 100 Maximum Points Available Vendor Presentation Evaluation 50 Maximum Points Available Price Proposal Evaluation 50 Maximum Points Available FDLE will combine the points for the Technical Response Evaluation, Vendor Presentations and Price Proposal to determine the total score for each eligible Proposal. Total Point Score 200 Maximum Points Available A weighted scoring system will be used in the evaluation of Technical, Presentation and Price Proposal as described below. Evaluation Criteria Maximum Points Available 1. Technical Response 100 Firm Qualifications / Historical Performance Past Performance References Course Offering Training Venue Program Requirements Security Training Desired Options 2. Vendor Presentation Price Proposal 50 Total Possible Points for Vendor Proposal Proposal Evaluation Process FDLE s Evaluation Team will consist of at least three (3) persons who collectively have experience and knowledge in the program areas and service requirements to conduct a comprehensive, fair and impartial evaluation of all Proposals received in response to this RFP. Vendors are responsible for thoroughly reviewing all of the RFP requirements to ensure that their Proposal and proposed approach are fully compliant with RFP requirements and thereby avoid the possibility of being deemed non responsive, scored lower, or having zero (0) points assigned. FDLE RFP 1608 Page 23

24 Vendors will be required to attain an average score of seventy five (75) points or higher on the Technical Proposal written response to be considered responsive. Should a Vendor receive fewer than seventyfive (75) points or higher on the Technical Proposal written response score, the Vendor s Proposal shall receive no further consideration. A. Technical Response Evaluation Evaluators will not search through the Proposals for information that is missing from a section being reviewed, so it is important for the Vendor to carefully follow the RFP organization and contents specified for Proposals in Section B. FDLE will attempt to clarify ambiguous or inconsistent information with a Clarification Request(s). In response to a Clarification Request, FDLE will not allow or evaluate any information that does not respond directly to the Clarification Request. Evaluation Team members will independently assign a 0 10 score, using no fractions or decimals, for responses to requirements specified in FDLE s Technical Specifications and Statement of Work (Section C) and other information specified in RFP Section B.2, Technical Response. The table below provides the guidelines to be used by Evaluation Team members when assigning scores. Description SCORING TABLE The Vendor response for this criterion demonstrates and/or indicates extensive experience, proven capabilities, an outstanding approach to the subject matter, innovative, practical and effective methods, with clear and comprehensive understanding of information security training requirements. The Evaluator could not find any significant limitations or concerns. The Vendor response for this criterion demonstrates and/or indicates moderate experience, proven capability, a reasoned approach to the subject matter, feasible methods, and/or a sound understanding of the information security training requirements. The Evaluator found only minor limitations or concerns. The Vendor response for this criterion demonstrates and/or indicates a fundamental competency, adequate capability, basic approach to the subject matter, apparently feasible but somewhat unclear solutions, a fair understanding of the information security training requirements and/or a lack of sufficient experience in some areas. The Evaluator found notable limitations or concerns. The Vendor response for this criterion demonstrates and/or indicates a minimal capability, an inadequate approach to the subject matter, infeasible and/or ineffective solutions, a lack of understanding of the information security training requirements and/or a lack of demonstrated experience and skills. The Evaluator found serious flaws and concerns. The Vendor response for this criterion demonstrates and/or indicates a significant or complete lack of understanding, an incomprehensible approach, and/or a significant or complete lack of skill and experience. Scoring Scale (whole numbers only) Superior 10 or 9 Good 8 or 7 Fair 6 or 5 Poor 4 or 3 Insufficient 2 or 1 FDLE RFP 1608 Page 24

25 The Vendor response for this criterion was found by the Evaluator to be so severely flawed for this criterion as to render an essential element of the criterion unworkable or not addressed at all. Fail 0 B. Vendor Presentations Vendors who have obtained seventy five (75) points or higher on their written Technical Proposal will be required to conduct a presentation of the proposed. The purpose of this evaluation activity is to provide substantiating information and demonstrated performance to support the Proposal content. No part of the presentations will serve to relieve the Vendor of any quality or operation performance as required under the resulting Contract. In addition to Vendors providing an oral presentation in support of their Proposal content, responding Vendors may also be contacted by FDLE to present specific course information or sample images of proposed materials. Presentations may be conducted at the FDLE Headquarters located in Tallahassee Florida, or via a live webinar event. Please note that any webinar event will be hosted by the proposing Vendor. Vendors will be instructed to provide technical capabilities and/or requirements for the in person or webinar presentation(s) upon receipt of an appointment request issued by FDLE. Presentations will occur during the week of January 4th through January 8th, 2016 in accordance with Section A (8), Solicitation Timeline. Pursuant to section (2)(b)(1), oral presentations as part of this competitive solicitation are exempt from public meeting requirements. A complete recording of this presentation will be made available, as well as any materials presented or received, at the completion of the procurement process in accordance with Chapter 119, Florida Statutes. C. Price Proposal 1. Price Proposals will be opened upon the completion of the final Evaluation Team Dissemination of Scores meeting. 2. The Department will take the following steps upon opening Vendor Price Proposals. a. Confirm that the Proposal includes a fixed price per seat. b. Confirm that the Proposal is submitted using the Department s Price Proposal Sheet (Attachment E). c. Confirm that prices are clear and unambiguous. d. Check the arithmetic in the Price Proposal and conduct a Clarification Request for any computational or transfer errors noted. e. Confirm that the Vendor has not submitted any Technical Response information, Vendor assumptions, changes or additional terms and conditions. FDLE RFP 1608 Page 25

26 3. The maximum available points (50) will be awarded to the Vendor with the lowest proposed total per unit seat price, for the fifty (50) primary location seat minimum provided in Attachment E, Price Proposal Sheet, Table A. 4. The remaining Proposals from all other Vendor s will be awarded a pro rata portion of points, rounded to the nearest full number, based on the following formula: M = Maximum Points Available for the Price Proposal (=50 points) L = Lowest responsive Price Proposal A = Actual Price Proposal for each of the other responding Vendors P = Points Awarded to each of the other responding Vendors (M x L) / A = P 5. Vendors should also provide a price per seat for the Desired Options listed in Attachment E, Price Proposal Sheet, Table B. Vendors will be scored for this criterion in accordance with Section B (1) (A), Technical Response Evaluation. 2. Contract Award The Department intends to award a Contract to the responsive and responsible Vendor with the highest cumulative total points for the evaluation criteria specified herein. 3. Identical Scoring of Proposals In the case of an exact tie in the scoring, the tie will be resolved in accordance with section , Florida Statutes and Rule 60A1.011, Florida Administrative Code, which may include certification that a drug free workplace has been implemented. Vendors may execute and return Certification of a Drug Free Workplace (Attachment F), to be considered in the event of an exact tie score. 4. Notice of Agency Decision The Agency Notice of Agency Decision will be posted for review by interested parties on the VBS for a period of seventy two hours, excluding weekends and State observed holidays. 5. Protest and Protest Filing Any Vendor or person who desires to protest a solicitation, decision, intended decision, or recommended award must file the following documents with the Agency Clerk in FDLE s Office of General Counsel, 2331 Phillips Road, Tallahassee, FL 32308, and provide copies to the Procurement Officer: File a written notice of intent to protest within seventy two hours, excluding weekends and State observed holidays, from the Notice of Agency Decision posting date. File a formal written protest by petition within ten (10) calendar days after the date on which the notice of protest is filed. FDLE RFP 1608 Page 26

27 Provide a protest bond payable to FDLE in an amount equal to one percent (1%) of contract price submitted by the Vendor, within ten (10) calendar days after the date on which the notice of protest is filed, as required by section (2)(c), Florida Statutes. FDLE may accept a cashier s check or money order in the amount of the bond. 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. The bond shall be conditioned upon the payment of all costs which may be adjudged against the protester in the administrative hearing in which the action is brought and in any subsequent appellate court proceeding. Remainder of Page Intentionally Left Blank FDLE RFP 1608 Page 27

28 SECTION D ATTACHMENTS Attachment A Question Submittal Form Attachment B List of Subcontractors Attachment C Conflict of Interest Disclosure Attachment D FDLE Contract Document (Draft) Attachment E Price Proposal Sheet Attachment F Drug Free Workplace Attachment G Vendor References Attachment H Business Corporate References Remainder of Page Intentionally Left Blank FDLE RFP 1608 Page 28

29 ATTACHMENT A QUESTIONS SUBMITTAL FORM Vendors should complete the table provided based on their questions relating to this RFP. The completed form shall be submitted in accordance with the instructions provided in Section A.10. This form may be expanded as needed to facilitate response to this requirement. VENDOR NAME: Vendor Question Number RFP Page Number, Section Number, Subsection Reference VENDOR QUESTION *Add additional rows or pages as necessary. FDLE RFP 1608 Page 29

30 ATTACHMENT B LIST OF SUBCONTRACTORS OR AUTHORIZED DEALERS Each Vendor shall submit with its response a list of the subcontractors who will perform work under the Contract that is expected to result from this solicitation. The Vendor shall have determined to its own complete satisfaction that a listed subcontractor has been successfully engaged in performing the services required under the resulting Contract and is qualified to provide the services for which the subcontractor is listed. In the event that no subcontractor will be used, this form shall be returned indicating No Subcontractors will be used. NO SUBCONTRACTORS/AUTHORIZED DEALERS WILL BE USED: Subcontractor Name: Business Type: Address: City and Zip Phone # Subcontractor Name: Business Type: Address: City and Zip Phone: Subcontractor Name: Business Type: Address: City and Zip Phone # Subcontractor Name: Business Type: Address: City and Zip Phone: *Authorized Representative s Signature *Typed Name and Title of Authorized Representative *This individual must have the authority to bind the Vendor. FDLE RFP 1608 Page 30

31 ATTACHMENT C DISCLOSURE STATEMENT CONFLICT OF INTEREST DISCLOSURE The award hereunder is subject to the provisions of Chapter 112, Florida Statutes. Vendors 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 Vendor s firm or any of its branches or affiliates. All Vendors must also disclose the name of previous employee of FDLE who has received or will receive compensation of any kind to seek to influence the actions of FDLE in connection with this procurement. The following persons are officers, directors, employees, or agents of Vendor 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 Vendor s firm: The following previous employee(s) of FDLE have sought to influence FDLE in this procurement on behalf of the Vendor: The Vendor 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 Vendor. FDLE RFP 1608 Page 31

32 ATTACHMENT D FLORIDA DEPARTMENT OF LAW ENFORCEMENT DRAFT Contract FDLE XXX 16 This Contract, by and between CONTRACTOR a company duly authorized to do business in the State of Florida, whose business address is ADDRESS, (hereinafter referred to as Contractor), and the State of Florida's Department of Law Enforcement, (hereinafter referred to as FDLE) WITNESS THAT: WHEREAS, FDLE prepared a statement of work and the Contractor submitted a proposal to FDLE RFP 1608, ; and WHEREAS, Contractor desires to enter into a Contract with FDLE to provide certain products and services; and WHEREAS, FDLE desires to enter into a Contract with Contractor in order to acquire certain Contractor supplied products and services; NOW THEREFORE, Contractor and FDLE for and in recognition of considerations hereinafter set forth, do hereby agree as follows: This Contract shall be comprised of the following documents, attachments, addenda and any subsequent amendments to this Contract. These documents, attachments, addenda and amendments shall govern the services provided by the Contractor and are hereby incorporated in, and are made a part of, this Contract. The order of precedence is as indicated below. Subsequent amendments take first precedence, with the most current documents or updates of the documents controlling in the event of a conflict between differing versions of a document which form part of or are incorporated in this Contract. The documents specified below are hereby incorporated in, and are a part of, this Contract (including this document, captioned Contract FDLE XXX 16 which shall be first in order of precedence, with exception those sections stated below): The Contract document; The documents and materials attached to or incorporated by reference in the Contract including the approved final Scope of Work (Attachment X); The FDLE RFP 1608 solicitation as modified by any applicable Addendum to the FDLE RFP 1608; The Contractor s Response; and The documents and materials attached to or incorporated by reference in the Contractor s Response FDLE RFP 1608 Page 32

33 Contract Terms and Conditions 1. Advertising Subject to Chapters 119 and , Florida Statutes, the Contracting Party shall not publicly disseminate any information concerning the Contract without prior written approval from the Department, including, but not limited to mentioning the Contract in a press release or other promotional material, identifying the Department or the State as a reference, or otherwise linking the Contracting Party s name and either a description of the Contract or the name of the State or the Department in any material published, either in print or electronically, to any entity that is not a party to Contract. 2. Americans with Disability Act (ADA) Civil Rights Compliance Contractor represents and warrants that it will comply with all Equal Accessibility laws, regulations and standards under Sections 251 & 255 of the Telecommunications Act of 1996, Titles I, II, III & IV of the Americans with Disabilities Act (ADA) [42 USC et seq.], and Sections 504 and 508 of the Federal Rehabilitation Act amendments [29 USC 794 et seq.], and the Assistive Technology Act of These standards establish a minimum level of accessibility. Contractor will indemnify the customer against any litigation stemming from a lack of compliance with the above laws, regulations and standards. 3. 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. 4. 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 FDLE RFP 1608 Page 33

34 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 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. 5. Conflict of Interest It is further understood and agreed that no employee of the Department who exercises any functions or responsibilities in connections with the planning and implementation of this Contract shall have any personal financial interest, direct or indirect, in this Contract. Potential Conflict of Interest: This Contract is subject to Chapter 112 of the Florida Statutes. Contracting Party shall disclose the name of any officer, director, employee or other agent who is also an employee or official of an "agency" of the State of Florida, as that term is defined at Section , Florida Statutes. Contracting Party shall also disclose the name of any employee or official of an "agency" of the State of Florida, as that term is defined at Section , Florida Statutes, who owns, directly or indirectly, an interest of five percent (5%) or more in the Contracting Party or its affiliates. 6. Contract Manager The Department s Program/Regional Contract Manager for this Contract shall be: Name: Title: Street Address: City/State/Zip: Phone Number: 7. Contractor s Responsibilities under Termination After receipt of notice of termination, and except as otherwise specified by the Department, the 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. FDLE RFP 1608 Page 34

35 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. 8. Contract Term The term of this Contract will commence on the Effective Date and remain in effect for one (1) year. At the option of the Department the term may be renewed up to a period equal to the term of the original Contract. The renewal price for the contractual service is set forth in the Contract Price, Attachment X. No other costs for the renewal may be charged. Renewal is optional to the Department, based on factors including but not limited to satisfactory performance evaluations by the agency and subject to the availability of funds. 9. Contracting Party Employees, Subcontractors, and Other Agents (Supersedes PUR 1000) 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. 10. 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 FDLE RFP 1608 Page 35

36 appropriate state court in Leon County, Florida; in any such action, Florida law shall apply and the parties waive any right to jury trial. 11. 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. 12. Effective Date This Contract shall be effective when signed by the Contracting Party and the Department. 13. E Verify The Department shall consider the employment by any Contractor of unauthorized aliens a violation of section 274(e) of the Immigration and Nationalization Act. Such violation shall be cause for unilateral cancellation of this Contract. The Contracting Party certifies that it participates in the U.S. Department of Homeland Security's E Verify Employment Eligibility Verification Program, and that it will assure that any sub contractor with which it contracts for the performance of this Contract participates in the E Verify Employment Eligibility Verification Program. 14. Instructors All Instructors will be Contractor employees (i.e., not independent contractors or sub contractor personnel) unless approved in writing by FDLE. Instructors will be identified in the Vendor s Proposal. During the term of this Contract, Contractor will not reassign Instructors to facilitate the 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. 15. 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. 16. 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. 17. Personnel 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. 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 broad based 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. FDLE RFP 1608 Page 36

37 18. 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. 19. Insurance Requirements During the Contract term, the Contracting Party at its sole expense shall provide commercial insurance of such a type and with such terms and limits as may be reasonably associated with the Contract. Providing and maintaining adequate insurance coverage is a material obligation of the Contracting Party. Upon request, the Contracting Party shall provide certificate of insurance. The limits of coverage under each policy maintained by the Contracting Party shall not be interpreted as limiting the Contracting Party s liability and obligations under the Contract. All insurance policies shall be through insurers authorized or eligible to write policies in Florida. 20. 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. 21. Invoicing All invoices or bills for fees, shall be submitted with reasonable detail for a proper pre audit and post audit thereof, to comply with Section (1)(a), Florida Statues. This should include: vendor name, vendor FEIN, the FDLE Contract number, Information Technology Training title; training date(s), and number of student/seats attended. 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: Attn: Accounts Payable 2331Phillips Road Tallahassee, Florida Phone: FDLEAccountsPayable@fdle.state.fl.us 22. 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. FDLE RFP 1608 Page 37

38 Unless authorized by law and agreed to in writing, the Department shall not be liable to pay attorney fees, interest, late charges and service fees and/or costs of collection. 23. Notices (Supersedes PUR 1000) 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 And to the Contracting Party for the attention of: Name: Title: Street Address: City/State/Zip: Phone Number: 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. 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). 25. 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. FDLE RFP 1608 Page 38

39 26. Renewal There shall be no automatic renewal of this Contract. Contracts for commodities or contractual services may be renewed for a period not to exceed three (3) years or for a period no longer than the original term of the Contract, whichever is longer. Renewal contracts may not include any compensation for costs associated with the renewal. Renewals shall be contingent upon satisfactory performance evaluations by the Department and subject to the availability of funds. Contracts procured on an emergency or single source basis may not be renewed. 27. 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. 28. Travel This Contract does not contemplate Department reimbursement or expense paid for Contractor or Student travel. 29. Waiver (Supersedes PUR 1000) No delay or omission to exercise any right, power or remedy accruing to either party upon breach or default by either party under this Contract, shall impair any such right, power or remedy of either party; nor shall such delay or omission be construed as a waiver of any such breach of default, or any similar breach or default thereafter occurring; nor shall any waiver of single breach or default be deemed a waiver of any subsequent breach or default. All waivers must be in writing. 30. 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 does not complete the initial training by the designated date, 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 withholding up to ten percent (10%) the total student/seat price for a period of three months, and termination of the Contract if training is not completed beyond three months of the original designated date. 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. 31. Warranty of Ability to Perform The Contracting Party warrants that, to the best of its knowledge, there is no pending or threatened action, proceeding, or investigation, or any other legal or financial condition, that would in any way prohibit, restrain, or diminish the Contracting Party s ability to satisfy its Contract obligations. The Contracting Party warrants that neither it nor any affiliate is currently on the convicted vendor list maintained pursuant to section of the Florida Statutes, or on any similar list maintained by any other state or the federal government. The Contracting FDLE RFP 1608 Page 39

40 Party shall immediately notify the Department in writing if its ability to perform is compromised in any manner during the term of the Contract. 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. Vendor Signature Signature Title Title Date Date FDLE RFP 1608 Page 40