STATE OF FLORIDA FLORIDA DEPARTMENT OF LAW ENFORCEMENT

Transcription

1 STATE OF FLORIDA FLORIDA DEPARTMENT OF LAW ENFORCEMENT JUNE 6, 2012 Solicitation Number: ITN Item(s) of Bid: Number of Addenda as of above date: COMPUTER BASED TESTING SYSTEM None Commodity Code: , , , , , , Date and Time Due: JULY 17, 2012; no later than 2:00 PM ET Florida Department of Law Enforcement Office of General Services 2331 Phillips Road Tallahassee, Florida It is the respondent s responsibility to monitor the Vendor Bid System (VBS) for any changes to this solicitation. To receive information on FDLE solicitations 24 hours a day, 7 days a week, register with the Vendor Bid System at: COMPANY NAME: FEDERAL TAX IDENTIFICATION NUMBER: ADDRESS: CITY: STATE: ZIP: RESPONDENT: TITLE: AUTHORIZED SIGNATURE: DATE: PHONE: For additional information on the solicitation process, you may telephone the Office of General Services at (850) FDLE is committed to the fundamental values of: SERVICE INTEGRITY RESPECT QUALITY

2 SOLICITATION INTRODUCTION The 10 Most Critical Things to Keep in Mind When Responding to a Solicitation for the Florida Department of Law Enforcement 1. Read the entire document. Note critical items such as: mandatory requirements; sample(s) required, supplies/services required; submittal dates; number of copies required for submittal; funding amount and source; contract requirements (i.e., contract performance security, insurance requirements, performance and/or reporting requirements, etc.). 2. Note the Procurement Officer's name, address, phone numbers and address. This is the only person you are allowed to communicate with regarding the Solicitation and is an excellent source of information for any questions you may have. 3. Attend the pre-proposal conference. (If applicable) 4. Take advantage of the question and answer period. Submit your questions to the Procurement Officer by the due date listed in the Calendar of Events and view the answers given in the formal addenda issued for the Solicitation. All addenda issued for a Solicitation are posted on the Vendor Bid System s website ( and will include all questions asked and answered concerning the Solicitation. 5. Follow the format required in the Solicitation when preparing your response. Provide point-by-point responses to the required sections in a clear and concise manner. 6. Provide complete answers/descriptions. Read and answer all questions and requirements. Don t assume the Department or evaluation committee will know what your company capabilities are or what items/services you can provide, even if you have previously contracted with the Department. The proposals are evaluated based solely on the information and materials provided in your response. 7. Use the forms provided, i.e., Solicitation cover sheet, Price Proposal forms, etc. 8. Check the Vendor Bid System website for Solicitation addenda. Before submitting your response, check the Vendor Bid System website to see whether any addenda were issued for the Solicitation, some addenda require that you sign and return them with the bid. 9. Review and read the Solicitation document again to make sure that you have addressed all requirements. Your original response and the requested copies must be identical and be complete. The copies are provided to the evaluator/evaluation committee members and will be used to score your response. 10. Submit your response on time. Note all the dates and times listed in the Calendar of Events and within the document, and be sure to submit all required items on time. Faxed, ed or late proposal responses are never accepted. Page 1 of 77

3 TABLE OF CONTENTS SECTION 1 - INTRODUCTORY AND GENERAL INFORMATION 1.0 DEFINITIONS INTRODUCTION GENERAL CONTRACT CONDITIONS (PUR 1000) GENERAL INSTRUCTIONS TO RESPONDENTS (PUR 1001) PROCUREMENT OFFICER CONTRACT MANAGER CALENDAR OF EVENTS ORDER OF PRECEDENCE OF TERMS AND CONDTIONS SECTION 2 - SPECIAL CONTRACT CONDITIONS 2.0 ADDITIONAL REQUIREMENTS MYFLORIDAMARKETPLACE (MFMP) VENDOR REGISTRATION MFMP TRANSACTION FEE E-VERIFY EMPLOYMENT OF UNAUTHORIZED ALIENS SCRUTINIZED COMPANIES MINORITY AND SERVICE-DISABLED VETERAN BUSINESS PARTICIPATION MANDATORY REQUIREMENT SUBCONTRACTORS DEFAULT COMPLIANCE WITH APPLICABLE LAWS EFFECTIVE DATE HEADING AND SECTION REFERENCES TRAVEL EXPENSES TERM INVOICING AND PAYMENT NON-DISCRIMINATION CONTRACTOR EMPLOYEES, SUBCONTRACTORS AND AGENTS DISPUTE RESOLUTION FORCE MAJEURE, NOTICE OF DELAY and NO DAMAGES FOR DELAY PERFORMANCE BOND NON-MATERIAL ERRORS OBLIGATIONS DURING DISPUTE RESOLUTION SYSTEM AND PROPRIETARY SOFTWARE LICENSE CUSTOM SOFTWARE SURVIVAL TERMINATION FOR CAUSE TERMINATION FOR CHANGE IN BUSINESS TERMINATION FOR CONVENIENCE TERMINATION BY MUTUAL AGREEMENT CONTRACTOR S RESPONSIBILITIES UNDER TERMINATION INTELLECTUAL PROPERTY EXCUSED EVENTS AMERICANS WITH DISABILITY ACT AUDIT PROVISIONS SECTION 3 - SPECIAL INSTRUCTIONS TO RESPONDENTS 3.0 SOLICITATION INFORMATION POSTING OF TABULATIONS RESPONDENT S INQUIRIES ADDENDA DISCUSSIONS SOLICITATION RESPONSIVENESS IDENTICAL TIE BIDS CERTIFICATION OF A DRUG-FREE WORKPLACE SUBMISSION OF MANDATORY FORMS LEGAL REQUIREMENTS STATE LICENSING REQUIREMENTS ACCESSIBILITY FOR DISABLED PERSONS CONTRACTUAL MANDATORY SECURITY AND BACKGROUND INVESTIGATION Page 2 of 77

4 TABLE OF CONTENTS SECTION 4 - STATEMENT OF WORK 4.1 SCOPE OF WORK EXAM REGISTRATION AND ELIGILITY EXAM ADMINISTRATION EXAM RESULTS DATA STORAGE EXAMINATION PROCESS THE CURRENT PAPER BASED PROCESS THE CBT PROCESS POSSIBLE OPTIONS FOR THE CBT SYSTEM ARCHITECTURE IMPLEMENTATION, ROLL-OUT AND SCALING OF THE CBT SYSTEM FUNCTIONAL REQUIREMENTS REQUIRED FEATURES OPTIONAL FEATURES NON-FUNCTIONAL REQUIREMENTS SECURITY REQUIREMENTS DELIVERABLES AND ACCEPTANCE CRITERIA INSPECTION AND ACCEPTANCE OF DELIVERABLES RISK MANAGEMENT ISSUE MANAGEMENT CHANGE MANAGEMENT COMPENSATION AND PAYMENT SCHEDULE SECTION 5 - PROPOSAL FORMAT INSTRUCTIONS 5.0 GENERAL INSTRUCTIONS PROCESS ECONOMY OF PRESENTATION ITN PACKAGING AND SUBMISSION REQUIREMENTS ORGANIZATION OF PROPOSAL PRICE PROPOSAL RULES FOR WITHDRAWAL PROPOSAL OPENING AND POSTING OF TABLULATIONS DISPOSITION OF PROPOSALS AND PUBLIC RECORDS SECTION 6 - PROPOSAL EVALUATION AND CONTRACT NEGOTIATION 6.0 POINT DISTRIBUTION OVERVIEW OF PROPOSAL EVALUATION PROCESS EVALUATION OF TECHNICAL PROPOSALS EVALUATION OF PRICE PROPOSALS ORAL PRESENTATIONS SYSTEM DEMONSTRATION BASIS OF AWARD POST AWARD CONTRACT NEGOTIATIONS SECTION 7 - PRICE PROPOSAL FORM 7.0 OPTION 1, EXTERNAL VENDOR HOSTED SOLUTION OPTION 2, INTERNAL AGENCY HOSTED SOLUTION ATTACHMENTS ATTACHMENT I, BIDDER REFERENCES ATTACHMENT II, DRUG FREE WORKPLACE CERTIFICATE ATTACHMENT III, ITN CHECKLIST ATTACHMENT IV, CONTRACT ACCEPTANCE FORM ATTACHMENTS ATTACHMENT A, DELIVERABLE ACCEPTANCE FORM ATTACHMENT B, CHANGE REQUEST FORM ATTACHMENT C, PROJECT STATUS REPORT TEMPLATE ATTACHMENT D, SAMPLE RISK REGISTER Page 3 of 77

5 SECTION 1 INTRODUCTORY AND GENERAL INFORMATION 1.0 DEFINITIONS AD: Active Directory Agency: Florida Department of Law Enforcement API: Application Programming Interface ATMS: Automated Training Maintenance System. A custom developed database (SQL Server) solution housing all Florida criminal justice officer training and certification records. Functionality of this system is beyond the scope of this solicitation. BAT: Basic Abilities Test CBT: Computer Based Testing CJSTC: Florida Criminal Justice Standards and Training Commission Contractor: The respondent who is awarded a contract by the Department as a result of this solicitation. Synonymous with Vendor. COTS: Commercial off the Shelf products. Day: A Calendar day. Department: Florida Department of Law Enforcement (Exam) Eligibility: Only individuals who have successfully completed a basic recruit training program, or have received a waiver of such a program, are eligible to take the SOCE. The information used to determine eligibility is stored in the Department s ATMS database. There are no eligibility requirements for the BAT. Exam: An examination or assessment designed for a discrete program of study (e.g. Law Enforcement). A test will include one or more forms. For the purpose of this solicitation, exam is synonymous with test. FAC: Florida Administrative Code FDLE: Florida Department of Law Enforcement Form: A version of a test. Each form of a test is comprised of a unique set of items and is linked or otherwise equated with all other forms of the test. Functional Requirements: Business requirements pertaining to end users. High-Stakes Examination: An examination or test that is offered with the understanding that the results will directly determine important consequences for the test taker. Under the scope of this ITN, the BAT will determine eligibility to attend a criminal justice training program; the SOCE will determine eligibility for certification as a criminal justice officer. Item: A question on a test. Possible components include, but are not limited to, a lead-in, an interrogative, a graphic, and response alternatives. IRM: Information Resource Management. ITN: Invitation to Negotiate Page 4 of 77

6 Low-Stakes Examination: An examination or test that has no consequence outside the testing environment, although the results may have minor consequences to the test taker such as contributing to students performance on future tests or study habits. Under the scope of this ITN, the practice exams are considered low-stakes examinations. Non-Functional Requirements: Requirements pertaining to information technology professionals (e.g. hardware, network, databases, etc.). Number of Verbs or Nouns: Throughout this solicitation, the singular may be read as the plural and the plural as the singular. OCETS: Officer Certification Exam Tracking System. A customized client/server application tracking examinees, exam registrations, grading, correspondence (e.g. grade notifications, confirmation letters), and exam reviews. Online Registration: A custom solution for web based registration, eligibility verification, and payment remission for the SOCE. This system may be within the scope of this solicitation, based on the capabilities of the proposed systems. Property (test/form/item): A quantitative or qualitative characteristic of an object (e.g. statistic, curriculum location, etc.). Proposer: Any firm or person who submits a proposal to the Department in response to this solicitation. Proposal: All information and materials submitted by a respondent in response to this solicitation. RDBMS: Relational Database Management System Respondent: Any firm or person who submits a proposal to the Department in response to this solicitation. Synonymous with proposer. SAAS: Software as a Service. Scope Change: A change to the original boundaries of the project, as defined by this solicitation, which affects the budget, schedule, and/or contract requirements. SOCE: State Officer Certification Examination. SOW: Statement (or Scope) of Work. SQSO: Statement of Qualifications and Services Offered. This ITN includes a two-stage process of contractor selection in which the SQSO constitutes initial proposal for a CBT system. SSL: Secure Sockets Layer. Subcontractor: Any person other than an employee of the contractor who performs any of the services listed in this solicitation for compensation paid by the contractor. System: The term System is used throughout this ITN to denote the proposed CBT solution. Test: An examination or assessment designed for a discrete program of study (e.g. Law Enforcement). A test will include one or more forms. Test Program: A program containing tests designed for a common purpose (e.g. abilities tests). Vendor: Any firm or person who submits a proposal to the Department in response to this solicitation. Page 5 of 77

7 1.1 INTRODUCTION The Florida Department of Law Enforcement (FDLE), hereinafter called the Department, Criminal Justice Professionalism Program issues this Invitation to Negotiate (ITN) to request written proposals from qualified, interested parties with proven experience in providing the online delivery of clients high stakes examinations to provide a Computer Based Testing (CBT) solution to enable FDLE to develop, administer and maintain highstakes examinations for administration at secure test sites as well as low stakes practice examinations for home administration. Chapter , Florida Statutes, requires that individuals pass a Basic Abilities Test (BAT) prior to admission into a criminal justice basic recruit training program. Similarly, chapter , Florida Statutes, requires all candidates to pass a State Officer Certification Examination (SOCE) to be eligible for certification as a criminal justice officer in the State of Florida. The SOCE is restricted to individuals who have completed a basic recruit training program or have obtained a waiver for such a program. Its content is derived from the official training curricula for the different criminal justice programs. On the other hand, the BAT is a cognitive abilities test that is open to all applicants. FDLE currently administers between 8,000 and 9,000 paper-and-pencil SOCE, annually. The BAT was administered approximately 20,000 times in 2011, although the annual volume has approached 40,000 in the past. In addition to the SOCE and BAT, which FDLE will consider high-stakes examinations, the Department also intends to offer practice examinations. Unlike the SOCE and BAT, which will be administered at secure test sites, the practice exams must be available online to any user immediately after purchase. All three exam programs will utilize the CBT system outlined in this ITN. FDLE is accepting proposals for both COTS and SAAS solutions. Not all requirements will apply to both types of solutions. In the requirements below, section 4.3 (B) outlines the requirements for vendor hosted solutions (external/saas) and section 4.3 (C) outlines the requirements for solutions to be installed at FDLE (internal/cots) RESPONDENTS WILL COMPLETE EITHER SECTION 4.3 (B) OR 4.3 (C) WITH THEIR TECHNICAL PROPOSAL DEPENDING ON THE TYPE OF SOLUTION THEY CAN PROVIDE: OPTION 1: 4.3 (B) REQUIREMENTS FOR AN EXTERNAL VENDOR HOSTED SOLUTION (SAAS) OPTION 2: 4.3 (C) REQUIREMENTS FOR AN INTERNAL AGENCY HOSTED SOLUTION (COTS) ALL OTHER SECTIONS MUST BE COMPLETED FOR BOTH SOLUTIONS. FDLE is not interested in solutions delivering examinations exclusively to proprietary or provider owned locations. FDLE is not interested in a software development project. 1.2 GENERAL CONTRACT CONDITIONS (PUR 1000) The State of Florida General Terms and Conditions (PUR 1000) are hereby referenced and incorporated in their entirety into this ITN. The General Contract Conditions (PUR 1000) contain standard terms and conditions that will apply to the contract which results from the solicitation event. This is a downloadable document. Please download and save this document to your computer for further review. Potential respondents to the solicitation are encouraged to carefully review all materials contained herein and prepare responses accordingly. There is no need to return this document back to the Department of Law Enforcement. Page 6 of 77

8 1.3 GENERAL INSTRUCTIONS TO RESPONDENTS(PUR 1001) The State of Florida General Instructions to Respondents (PUR 1001) are hereby referenced and incorporated in their entirety into this ITN. The General Instructions to Respondents (PUR 1001) contain instructions explaining the solicitation process and the actions necessary to respond to the solicitation. This is a downloadable document. Please download and save this document to your computer for further review. Potential respondents to the solicitation are encouraged to carefully review all materials contained herein and prepare responses accordingly. There is no need to return this document back to the Department of Law Enforcement. 1.4 PROCUREMENT OFFICER The Procurement Officer, acting on the behalf of the Department, is the sole point of contact outside of official conferences and meetings, with regard to all procurement matters relating to this solicitation, from the date of release of the solicitation until the Department s Notice of Intended Award or Decision is posted. All questions and requests for clarification outside the above referenced meetings are to be directed to: Karen Freytag, Purchasing Specialist Florida Department of Law Enforcement Office of General Services / Room C Phillips Road Tallahassee, Florida Telephone: (850) (direct) Telephone: (850) (operator) karenfreytag@fdle.state.fl.us Florida Statute Section (23) requires that respondents to this solicitation or persons acting on their behalf may not contact, between the release of the solicitation and the end of the 72-hour period following the agency 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 or as provided in the solicitation documents. Violation of this provision may be grounds for rejecting a response. Any questions arising from this solicitation must be forwarded, in writing, to the Procurement Officer identified above. The Department s written response to those inquires will be posted on the Florida Vendor Bid System at under the above referenced solicitation number. It is the responsibility of all potential respondents to monitor this site for any changing information prior to submitting their proposal. 1.5 CONTRACT MANAGER The Department s employee identified below is designated as Contract Manager and shall act on the Department s behalf for the ongoing administration of contractual matters after the Notice of Agency Decision has been posted, the contract is executed, and/or the purchase order is issued. Roy Gunnarsson, Training & Research Manager Florida Department of Law Enforcement 2331 Phillips Road Tallahassee, FL Telephone: (850) Fax: (850) RoyGunnarsson@fdle.state.fl.us Page 7 of 77

9 1.6 CALENDAR OF EVENTS The following time schedule will be strictly adhered to in all actions relative to this solicitation, unless modified by the Department by written addendum to this solicitation. DATE June 6, 2012 June 21, 2012 June 29, 2012 July 17, 2012 July 31, 2012 August 2, 2012 The week of August 13 17, 2012 August 23, 2012 EVENT Solicitation issued. Respondents have 72 hours from release of this ITN to protest and/or request changes to the solicitation document. All questions must be submitted to the Procurement Officer no later than 5:00 PM ET (may be submitted earlier). Please see Section 3.0. Respondents written questions due to FDLE; Responses posted. FDLE s response to Respondent s written questions posted on Vendor Bid Systems (VBS). Proposals due no later than 2:00 PM ET. Public ITN opening at 2:00 PM ET. Location: FDLE s Headquarters Building 2331 Phillips Road Tallahassee, Florida Public Evaluation of Proposals at 2:00 PM ET. Location: FDLE Headquarters Posting of Intent to Negotiate on VBS. No later than 5:00 PM ET Negotiations held with selected respondents. Location: FDLE s Headquarters Building 2331 Phillips Road Tallahassee, Florida Final Instructions on the Best and Final Offer Proposal to respondents posted via addendum posted on the VBS. Best and Final Offers Proposals due no later than 2:00 PM ET. Public ITN opening at 2:00 PM ET September 11, 2012 September 20, 2012 September 27, 2012 Location: FDLE s Headquarters Building 2331 Phillips Road Tallahassee, Florida Public Evaluation of Best and Final Offer Proposals at 2:00 PM ET. Location: FDLE Headquarters Posting of Intent to Award on VBS. No later than 5:00 PM ET. NOTE: FAILURE TO INCLUDE ANY INFORMATION OR DOCUMENTATION REQUESTED WITHIN THIS ITN MAY LEAD TO REJECTION OF THE ITN FOR NON-RESPONSIVENESS. IF YOU ARE UNSURE OF THE REQUIRED INFORMATION OR DOCUMENTATION, ASK FDLE. DO NOT MAKE ASSUMPTIONS. Page 8 of 77

10 1.7 ORDER OF PRECEDENCE OF TERMS AND CONDITIONS All responses are subject to the terms of the following sections of this solicitation, which, in case of conflict, shall have the order of precedence listed: Technical Specifications, Special Conditions and Instructions, Instructions to Respondents (PUR 1001), General Conditions (PUR 1000), and Introductory Materials. The Department objects to and shall not consider any additional terms or conditions submitted by a respondent, including any appearing in documents attached as part of a respondent s response. In submitting its response, a respondent agrees that any additional terms or conditions, whether submitted intentionally or inadvertently, shall have no force or effect. Failure to comply with terms and conditions, including those specifying information that must be submitted with a response, shall be grounds for rejecting a response. Contract resulting in this ITN contains all the terms and conditions agreed upon by the parties. No oral agreements or representations shall be valid or binding upon FDLE or the Contractor unless expressly contained herein or by a written amendment to this Contract. Page 9 of 77

11 SECTION 2 - SPECIAL CONTRACT CONDITIONS 2.0 ADDITIONAL REQUIREMENTS The State of Florida General Terms and Conditions (PUR 1000) and the General Instructions to Respondents (PUR 1001) are hereby referenced and incorporated in their entirety into this ITN. FDLE's Special Conditions modifies and shall take precedence over the State of Florida Form PUR 1001, General Instructions to Respondents. The Florida Department of Law Enforcement currently does not utilize the State of Florida's MyFloridaMarketPlace (MFMP) e-procurement system for competitive solicitations such as this ITN. Respondents are to manually submit their responses to this ITN to FDLE (See Section 5.3, ITN PACKAGING AND SUBMISSION REQUIREMENTS). Specific references to MFMP usage for this ITN stated in paragraphs 3 and 5 of the State of Florida Form PUR1001, General Instructions to Respondents, are not applicable. 2.1 MYFLORIDAMARKETPLACE (MFMP) VENDOR REGISTRATION Each vendor desiring to sell commodities or contractual services as defined in Section , F.S., to the State through the on-line procurement system is prequalified to do so and shall register in the MFMP system, unless exempted under subsection 60A-1.030(3), F.A.C. Information about the registration process is available, and registration may be completed, at the MFMP website (link under Business on the State portal at Interested persons lacking Internet access may request assistance from the MyFloridaMarketPlace Customer Service at (866) FLA-EPRO {(866) )} or from State Purchasing, 4050 Esplanade Drive, Suite 300, Tallahassee, Florida A vendor not currently registered in the MFMP system shall do so within 5 days after posting of after posting of intent to award. 2.2 MFMP TRANSACTION FEE The State of Florida, through the Department of Management Services, has instituted MyFloridaMarketPlace, a statewide eprocurement system. Pursuant to Section (22), all payments shall be assessed a Transaction Fee of one percent (1.0%), which the vendor shall pay to the State. For payments within the State accounting system (FLAIR or its successor), the Transaction Fee shall, when possible, be automatically deducted from payments to the vendor. If automatic deduction is not possible, the vendor shall pay the Transaction Fee pursuant to subsection 60A-1.031(2), F.A.C. By submission of these reports and corresponding payments, vendor certifies their correctness. All such reports and payments shall be subject to audit by the State or its designee The vendor shall receive a credit for any Transaction Fee paid by the vendor for the purchase of any item(s) if such item(s) are returned to the vendor through no fault, act, or omission of the vendor. Notwithstanding the foregoing, a Transaction Fee is non-refundable when an item is rejected or returned, or declined, due to the vendor s failure to perform or comply with specifications or requirements of the agreement. Failure to comply with these requirements shall constitute grounds for declaring the vendor in default and recovering reprocurement costs from the vendor in addition to all outstanding fees. VENDORS DELINQUENT IN PAYING TRANSACTION FEES SHALL BE EXCLUDED FROM CONDUCTING FUTURE BUSINESS WITH THE STATE. 2.3 E-VERIFY The successful respondent is required to utilize the U.S. Department of Homeland Security s E-Verify system to verify the employment eligibility of all persons employed during the contract term by the contractor to perform employment duties within Florida and all persons (including subcontractors) assigned by the contractor to perform work pursuant to the contract with the Department. Refer to for more information. 2.4 EMPLOYMENT OF UNAUTHORIZED ALIENS The State of Florida does not award publicly funded contracts to those who knowingly employ unauthorized alien workers. The Department shall consider this a violation of Section 274A(e) of the Immigration and Nationality Act. Such violation shall be cause for unilateral cancellation of this contract. Page 10 of 77

12 2.5 SCRUTINIZED COMPANIES In accordance with Section , Florida Statutes, agencies are prohibited from contracting with companies for goods or services over $1 million 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 which have been combined into one Protecting Florida s Investments Act, (PFIA) list of Prohibited Companies, located at which is updated quarterly. This list is created pursuant to Section , Florida Statutes which provides that false certification may subject company to civil penalties, attorney s fees and/or costs. 2.6 MINORITY AND SERVICE-DISABLED VETERAN BUSINESS PARTICIPATION FDLE encourages minority, women-owned business (WMBE) and service-disabled veteran business enterprise (SDVBE) participation in all its solicitations. Respondents are encouraged to contact the Office of Supplier Diversity at (850) or visit their website at for information on becoming a certified MWBE or SDVBE or for names of existing businesses that may be available for subcontracting or supplier opportunities. 2.7 MANDATORY REQUIREMENT The Department has established certain requirements with respect to bids to be submitted by respondents. The use of "shall", "must" or "will" (except to indicate simple futurity) in this Request for Proposal (ITN) indicates a requirement or condition from which a material deviation may not be waived by the Department. A deviation is material if, in the Department s sole discretion, the deficient response is not in substantial accord with the ITN requirements, provides an advantage to one respondent over other respondents, has a potentially significant effect on the quantity or quality of items bid, or on the cost to the Department. Material deviations cannot be waived. The words "should" or "may" in this ITN indicate desirable attributes or conditions, but are permissive in nature. Deviation from, or omission of, such a desirable feature, will not in itself cause rejection of a bid. 2.8 SUBCONTRACTORS The respondent is fully responsible for all work performed under the contract and/or purchase order resulting from this ITN. If applicable, the proposer may, with the consent of the Department, enter into written agreements with subcontractor(s) for performance of certain function under the contract and/or purchase order. The subcontractors and the amount of the subcontract shall be identified in respondent s response to this ITN. Any subsequent subcontracts entered into by the respondent after award of contract and/or purchase order resulting from this ITN shall be approved in writing by the Department s Technical Manager prior to the effective date of any subcontract. No subcontract, which the respondent enters into with respect to performance under the contract and/or purchase order resulting from this ITN, shall in any way relieve the respondent of any responsibility for the performance of its duties. 2.9 DEFAULT If either party fails to keep any agreements hereunder, the other party by giving the party in default written notice, may cancel and terminate this contract 30 days after such notice is deposited by Certified Mail, Return Receipt Requested, in the United States mail or deposited with a private carrier express mail service. If the Department terminates this contract for failure to perform or other breach, or if the Contracting Party terminates for reasons other than failure to perform or other breach, the Department will not be responsible for costs or non-cancellable obligations for which the Department has not received a commensurate benefit, and the Department will have no obligation to pay for work not accepted by the Department. If the Department terminates this contract for reasons other than failure to perform or other breach, or if the Contracting Party terminates this contract for failure to perform or other breach, the Contracting party will be compensated for all reasonable costs incurred, including non-cancellable obligations, through the date of termination. Page 11 of 77

13 2.10 COMPLIANCE WITH APPLICABLE LAWS Contracting Party represents that it has, to the best of their knowledge, complied with all applicable laws and regulations of the State of Florida and of the City and County in which it does business and performs this contract EFFECTIVE DATE This contract will be effective when signed by the Contracting Party and the Department. Where the effective date of this contract is different from the actual receipt and acceptance of the goods and/or services contracted for, the later date will be used to mark the contract performance period HEADING AND SECTION REFERENCES Section headings in this Agreement are inserted only for convenience and are not to be construed as a limitation of the scope of the particular section to which the heading refers TRAVEL EXPENSES All bills for any travel expenses that are authorized by Section , Florida Statues, will be submitted and paid in accordance with the rates specified in Section , Florida Statutes, governing payments by the State for travel expenses. No charges for travel expenses are to be assessed to the Department during the term of this agreement without advance written approval by FDLE TERM The contract shall be in effect upon execution of contract signed by both parties. The initial term will be for three (3) years with a three (3) year renewal option, contingent upon satisfactory performance, unless terminated earlier by the Department under the terms provided herein, subject to the annual appropriation by the State Legislature. If at any time the contract is cancelled, terminated or expires, and a contract is subsequently executed with a firm other than contractor, contract has to affirmative obligation to assist in the smooth transition of contract services to the subsequent contractor INVOICING AND PAYMENT All invoices or bills for fees, or other compensation for services, or expenses will be submitted with reasonable detail for a proper pre-audit and post-audit thereof, to comply with Section (1)(a), Florida Statues. Whenever this contract is terminated with or without cause, all amounts due will be pro-rated. The State of Florida cannot make deposits or pay for goods and/or services in advance unless approved under rules issued by the Comptroller of Florida. Therefore, payments by the Department covering goods and/or services will be due and payable within 40 days after the receipt of a proper invoice and actual receipt of goods and/or services. The Department is not authorized to pay to Contracting Party any deposit for services to be rendered or equipment to be purchased in the future. Invoices shall reference a valid contract number and be submitted to: Florida Department of Law Enforcement Office of Financial Management P.O. Box 1489 Tallahassee, Florida Page 12 of 77

14 2.16 NON-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 CONTRACTOR EMPLOYEES, SUBCONTRACTORS AND AGENTS See Form PUR 1000, paragraph 34. All agents and subcontractors with access to FDLE computer networks and systems to be engaged by the Contractor in the performance of this Agreement must be approved by FDLE and must abide by all terms and conditions of the Agreement. The Contractor 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 Contractor 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 DISPUTE RESOLUTION See Form PUR 1000, paragraph 31. Any dispute concerning performance of the Agreement which cannot be resolved by informal discussion between the FDLE and C o n t r a c t o r, will be referred to negotiation to be conducted by the Chief Information Officer of FDLE and the Chief Operating Officer or Chief Executive Officer of Contractor. If FDLE and Contractor s representatives are unable to resolve the dispute within five (5) business days after commencing negotiations, or fifteen (15) calendar days have passed since the initial request for negotiations at this level, then the Parties will be entitled to discontinue negotiations, to seek to resolve the dispute through mediation as hereinafter provided or, if the Parties do not agree to submit the dispute to non- binding mediation, to seek any and all rights and remedies that may be available under this Agreement, at law or in equity. Mediation must occur within twenty (20) business days after the Parties agree to submit the dispute to mediation. The Parties mutually will select an independent mediator experienced in IT systems and services agreements, and each will designate a representative(s) to meet with the mediator in good faith in an effort to resolve the dispute. The specific format for the mediation will be left to the discretion of the mediator and the designated Party representatives and may include the preparation of agreed-upon statements of fact or written statements of position furnished to the other Party. If the Parties are unable to resolve a dispute through the dispute resolution processes described in this Section, then either party may seek any and all rights and remedies that may be available under this Agreement, at law or in equity 2.19 FORCE MAJEURE, NOTICE OF DELAY and NO DAMAGES FOR DELAY See Form PUR 1000, paragraph 24. Contractor will not be responsible for delay resulting from its failure to perform if neither the fault nor the negligence of contractor or its employees or agents contributed to the delay and the delay is due directly to acts of God, wars, acts of public enemies, strikes, fires, floods, severe disruption of the FDLE CJNet or other network, or other similar cause wholly beyond Contractor s control, or for any of the foregoing that affect subcontractors or suppliers if no alternate source of supply is available to Contractor. In case of any delay Contractor believes is excusable, Contractor will notify FDLE in writing of the delay or potential delay and describe the cause of the delay either (1) within ten (10) days after the cause that creates or will create the delay first arose, if the Agreement could reasonably foresee that a delay could occur as a result, or (2) if delay is not reasonably foreseeable, within five (5) days after the date Contractor first had reason to believe that a delay could result. THE FOREGOING WILL CONSTITUTE CONTRACTOR S SOLE REMEDY OR EXCUSE WITH RESPECT TO DELAY FOR A FORCE MAJEURE EVENT. Providing notice in strict accordance with this paragraph is a condition precedent to such remedy. No claim for damages, other than for an extension of time, will be asserted against the FDLE as a result of a force majeure event. Contractor will not be entitled to an increase in the Agreement price or payment of any kind from FDLE for direct, indirect, consequential, impact or other costs, expenses or damages, including but not limited to costs of acceleration or inefficiency, arising because of delay, disruption, interference, or hindrance from a force majeure event. If performance is suspended or delayed, in whole or in part, due to any of the causes described in this paragraph, after the causes have ceased to exist Contractor will continue to perform under this Agreement, unless the Agreement is renegotiated or terminated by agreement of the Parties, or terminated by FDLE pursuant to Section Page 13 of 77

15 2.20 PERFORMANCE BOND The successful Contractor shall supply to the Department a Performance Bond in the amount of 100% of the amount of the initial three (3) year award. The performance bond amount shall not include the cost of any renewal option years. The surety shall be in a form acceptable to the Florida Department of Law Enforcement, such as a bond, cashier s check, certified check or money order. A Surety must be authorized to do business in the State of Florida. The performance bonds shall be delivered to FDLE within thirty (30) days after the Agreement is signed by all Parties. A Letter of Credit may be submitted in lieu of a performance bond only when issued by a financial institution organized under the laws of Florida. A Letter of Credit issued by an out of state bank will not be accepted. The letter of credit or performance bond may be drawn upon by FDLE declaring in writing that vendor is in default under the Agreement as a result of a material breach of the Agreement and that FDLE intends to terminate the Agreement for cause, which declaration will made be no sooner than thirty (30) days following FDLE s written notice to Vendor that Vendor is in default for material breach, during which time Vendor will have the opportunity to cure such default. Release of said letter of credit or performance bond will be conditioned upon satisfactory performance, including delivery and acceptance of the Products and Services or other Deliverables as described in the SOW. Said letter of credit or performance bond and will remain in force until ninety (90) days following the successful completion of and final acceptance of all Deliverables, at which time the letter of credit or performance bond will be released and have no further force and effect 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 Agreement provided that the nature of the Agreement is not altered by such correction OBLIGATIONS DURING DISPUTE RESOLUTION All Contractor obligations related to project activities and support services under this Agreement will continue without interruption during disputes unless suspended by FDLE or unless the dispute relates to nonpayment by FDLE. FDLE reserves the right to withhold payments during disputes relating to breach by Contractor. The failure of FDLE to release payment during disputes relating to breach by Contractor will not constitute a breach or default by FDLE SYSTEM AND PROPRIETARY SOFTWARE LICENSE The contractor shall grant or obtain in the name of the State a perpetual, non-revocable, non-transferable, and non-exclusive license to use the software and the documentation thereto for the system provided hereunder. The license shall not be limited as to number of users or numbers and types of hardware devices or software operating systems used or authorized by the State. Notwithstanding the foregoing, the State acknowledges that its use of software as a service (SAAS) or commercial off-the-shelf (COTS) licensed software and other preexisting commercial software provided under this Agreement as part of the System provided hereunder is subject to the terms, conditions, use limitations and license terms contained in the SAAS or COTS license accompanying the software or the end-user licensing agreement required by the licensor as a precondition to the use of the pre-existing commercial software by the State. The State acknowledges that the terms of such licensing agreements may differ from the foregoing provision. The documentation that the contractor must furnish shall include all operator and user manuals, training materials, programmer reference manuals, system administration guides, listings, specifications, and other materials for the proper and successful use of the Software. Page 14 of 77

16 The contractor shall deliver to the State three (3) copies of the documentation. The State shall have the right, as part of the license granted hereunder, to make as many additional copies of the custom documentation specifically developed by the contractor for the System which will be delivered under this contract as the State deems necessary. The State acknowledges that SAAS or COTS licensing and other licensing agreements for pre-existing commercial software contain provisions relating to the licensed use of documentation accompanying the software with which the State hereby agrees to comply. Any copies of the Software and documentation which the State acquires pursuant to the contract shall bear the copyright, trademark, and other proprietary notices included therein by the contractor, and except as provided by law or authorized in the contract, the State shall not distribute the same to third parties, including other agencies within the State, without the contractor's prior written consent unless such distribution is related to the successful installation, performance, or operation of the System described in this ITN CUSTOM SOFTWARE If custom software is required to meet the technical requirements of this solicitation, it shall become the property of the State, including software, system design, source code, documents, and materials prepared and created by the contractor for or in connection with the contract with the State. The State may modify the programs for its own purposes, with the understanding that the contractor shall not warrant performance when such modifications are in place. However, the State understands that the contractor will not transfer ownership to portions of the custom software that embody contractor's core technology or third party software or which consist of enhancements to, or modifications of, such core technology or third party software which contractor has included in the custom software under a license from the third party. Contractor will, however, grant the State a non-exclusive, royalty-free license to use such core technology, enhancements, modifications, and third party software in said custom software. Subject to the security requirements of the Department and prior written approval by the Department, the contractor and its subcontractors shall be free to use any ideas, concepts, and techniques contractor or its subcontractors develop arising out of their performance under this contract, and, subject to the security requirements of the Department and prior written approval by the Department, contractor shall be free to provide the Custom Software developed under this Agreement and owned by the State to other customers requiring this same software using a licensing agreement with similar restrictions to the licensing SURVIVAL The provisions of all confidentiality obligations, indemnification, limitation of liability and any other sections, schedules or attachments to this Agreement that by their nature may reasonably be presumed to survive any termination or expiration of this Agreement, will so survive TERMINATION FOR CAUSE The following events will constitute "Events of Default," and the occurrence of any one (1) or more of such Events will constitute a material breach of this Agreement that will afford the non-breaching Party, as applicable, the rights and remedies set forth in this Agreement: a. Disclosure of secure data (e.g. FDLE test questions, derived information) due to Contractor s neglect. b. Contractor fails to complete a Deliverable on or before the mutually agreed date for achieving such Deliverable and provided further that such Deliverable is not completed after Contractor has been given an additional thirty (30) calendar days within which to do so; c. Contractor fails to achieve a material service level as defined by this SOW, after having been given a period of thirty (30) calendar days within which to do so; d. Contractor s material breach of any warranty if such breach is not curable, or if such breach is curable, if not cured within the time frames, if any, specified in this Agreement for curing any such breach, or if none is specified elsewhere in this Agreement, then within thirty (30) calendar days, in each case following receipt of thirty (30) calendar days written notice of such breach; e. Contractor fails to maintain insurance coverage as specified provided that such failure is not cured by Contractor within thirty (30) calendar days following receipt of written notice of such failure; f. Contractor fails to maintain a Letter of Credit as specified in Section 2.21 provided that such failure is not cured by Contractor within seven (7) calendar days following receipt of written notice of such failure; g. The institution of bankruptcy, receivership, insolvency, reorganization or other similar proceedings by or against Contractor under any section or chapter of the United States Bankruptcy Code, as amended, or Page 15 of 77

17 under any similar laws or statutes of the United States thirty (30) calendar days after they are instituted; h. Contractor makes an assignment of all or substantially all of its assets for the benefit of creditors, or Contractor s Board of Directors takes any corporate action by in furtherance of the above action; i. Contractor fails to reasonably remediate a substantial internal control deficiencies and/or exceptions identified in any audits, inquiries or assessments within thirty (30) calendar days following receipt of written notice of such deficiencies and/or exceptions; j. Contractor s material breach of any of its other obligations under this Agreement that is not cured within thirty (30) calendar days following receipt of written notice of such breach; k. FDLE fails to make any undisputed payment within forty-five (45) calendar days of receipt of an invoice, provided FDLE fails to cure such failure within thirty (30) calendar days after receiving written notice of such failure; l. FDLE s material breach of any of its other obligations under this Agreement that is not cured within thirty (30) calendar days following receipt of written notice of such breach. In the event that FDLE terminates this Agreement for cause due to breach or other default by Contractor, Contractor will be entitled to that portion of compensation which has been earned as of the effective date of the termination and will assist in transition of terminated services to FDLE at no added cost. In the event that Contractor terminates this Agreement due to breach or other default by FDLE, Contractor will be entitled to that portion of compensation which has been earned as of the effective date of the termination and will have no further liability of any kind to FDLE, as applicable TERMINATION FOR CHANGE IN BUSINESS FDLE may cancel the Agreement for convenience with sixty (60) calendar days notice in the event that contractor ceases for any reason to be viable due to insolvency TERMINATION FOR CONVENIENCE See PUR 1000, paragraph 22. FDLE upon giving thirty (30) days written notice by Certified Mail, Return Receipt Requested or by private carrier express mail service, may terminate the Agreement in whole or in part when it determines that it is in FDLE s best interest to do so TERMINATION BY MUTUAL AGREEMENT With the mutual agreement of both parties, the contract or any part of the contract may be terminated on an agreed date prior to the end of the contract period without penalty to either party CONTRACTOR S RESPONSIBILITIES UNDER TERMINATION After receipt of notice of termination, and except as otherwise specified by the Department, the contractor(s) 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 the Department has or may acquire an interest. Upon the effective date of termination of the contract, the Contractor shall transfer, assign, and make available to FDLE all property, materials, and data belonging to the Department, all rights and claims to any and all reservations, contracts and arrangements with subcontractors, or others, and shall make available to the Department all written information regarding the performance of the contract. Any data transferred shall be in an acceptable format per Section 4. 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 shall assume the obligations of the Contractor if any, on all non- cancelable contracts with third parties. Page 16 of 77

18 Upon termination of the contract by FDLE, the Contractor shall be deemed to have released and relinquished to FDLE any and all claims or rights it may otherwise have to common law or statutory copyright with respect to all or any part of material prepared or created by the Contractor in the course of its performance, except as otherwise provided in this solicitation INTELLECTUAL PROPERTY The Department shall have exclusive ownership of any data entered into the system under this Agreement and any information derived from such data. Such data include, but are not limited to, exam items, examinee information, exam results and statistics. The contractor is expressly prohibited from using, modifying, or disclosing any of the Department s data, including derived data, except under the scope of this Agreement. This claim to ownership shall, regardless of cause, survive the termination of this Agreement EXCUSED EVENTS Contractor will not be responsible for any failure in Project s System performance or for any failure in meeting deadlines or providing deliverables, and such failure will not be subject to a claim of default or termination pursuant to Section 2.26, to the extent such failure is due to i) force majeure events as defined in Section 2.19, ii) failures by FDLE to make necessary decisions or to perform any responsibilities under this Agreement that were required for Contractor to achieve the Deliverable in question, iii) acts or omissions of a party other than Contractor, Contractor s subcontractors, and the COTS Products vendors, or iv) errors or defects in FDLE s equipment, facilities, software and retained functions (each an Excused Event ) AMERICANS WITH DISABILITY ACT 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 AUDIT PROVISIONS Audit Provisions Contractor will grant FDLE and its representatives full and complete access to Contractor's and its subcontractors' facilities and all books, records and other documents of Contractor and its subcontractors as they relate directly to this Agreement including any relevant information resulting from internal audits or assessments conducted by Contractor, or as they may be required in order for FDLE to ascertain any facts relative to Contractor's performance hereunder. Contractor will provide FDLE, or its authorized representatives, such information and assistance as requested in order to perform such assessments; provided, however, that the Parties will endeavor to arrange such assistance in such a way that it does not interfere with Contractor's performance of the services. If any assessment reveals a material and substantiated inadequacy or deficiency in Contractor's performance, the cost of such assessment will be borne by Contractor. Contractor will incorporate this paragraph verbatim into any Agreement into which it enters with any Subcontractor providing Services under this Agreement. Page 17 of 77

19 SECTION 3 - SPECIAL INSTRUCTIONS TO RESPONDENTS 3.0 SOLICITATION INFORMATION All questions pertaining to this solicitation document, ITN requirements or technical requirements should be addressed to Karen Freytag, address, karenfreytag@fdle.state.fl.us. It shall be the responsibility of each respondent to raise any questions prior to ITN opening concerning the specifications or solicitation procedures as written and submit questions to the Department in accordance with the Calendar of Events. The written interpretation of the appropriate representative of the Florida Department of Law Enforcement shall prevail. 3.1 POSTING OF TABULATIONS Solicitation tabulations will be posted electronically as Agency Decisions on the Department of Management Services Vendor Bid System (see Section 3.3 for website address) as a Public Notice. The Agency Decisions may be viewed and will remain posted for a period of 72 hours. Failure to file a protest within the time prescribed in Section (3)(b), Florida Statutes, shall constitute a waiver of proceedings under Chapter 120, Florida Statutes. 3.2 RESPONDENT S INQUIRIES The Respondent will examine the ITN to determine if the State's requirements are clearly stated. If there are requirements which restrict competition, Respondents may request specification changes. Requests must identify and describe the difficulty meeting specifications, provide detailed justification, and provide the recommended changes. Change requests or protests of the specifications must be received by the State no later than the date and time specified in the ITN Calendar of Events. The State will determine what, if any, changes to the ITN will be acceptable. If required, the State will issue an addendum reflecting the acceptable changes. Written interpretations of the appropriate representative of FDLE will prevail. While oral responses will be given in good faith and are intended to be accurate, the Department is not bound by any non- written interpretation or guidance offered to the Respondents. FDLE s responses to questions will be compiled into a single written document and posted on the Vendor Bid System (VBS). 3.3 ADDENDA The FDLE reserves the right to modify this ITN. All addenda to this ITN will be in writing with content and number of pages described to all respondents. Any addenda or answers to written questions supplied by the FDLE to participating respondents may include an Addenda Acknowledgement Form. This form shall be signed by an authorized representative of the Respondent s organization. All addenda will be provided via the State Department of Management Services Vendor Bid System (VBS) at website: It is the sole responsibility of the respondent to monitor the VBS for any addenda issued in reference to this ITN. Page 18 of 77

20 3.4 DISCUSSIONS No negotiations, decisions or actions shall be initiated or executed by the respondent as a result of any discussions with any state employee prior to opening of solicitation. Prior to opening of solicitation, respondents are not to divulge proposal costs to any employee or representative of the State. Further, proposals submitted to the Department will remain unopened until the time for opening proposal at the Department s Office of General Services. During this period, any discussion by the respondent with any employee or authorized representative of the Department involving cost information will result in rejection of said respondent s response. Only those communications, which are in writing or electronically submitted from the FDLE s Office of General Services Office, may be considered as a duly authorized expression on behalf of the FDLE. Also, only communications from respondents, which are in writing and signed or electronically submitted, will be recognized by the FDLE as duly authorized expressions on behalf of the respondent. 3.5 SOLICITATION RESPONSIVENESS The respondent must bid on items as specified in the specifications and as listed on PRICE PROPOSAL FORM. Proposals which do not meet the requirements specified in the ITN will not be considered for selection. 3.6 IDENTICAL TIE BIDS When evaluating respondent responses to solicitations where there is identical pricing or scoring from multiple respondents, the department shall determine the order of award in accordance with Rule 60A F.A.C. 3.7 CERTIFICATION OF A DRUG-FREE WORKPLACE In the event of a tie bid, preference must be given to respondents submitting a certification with their response to this ITN certifying they have a drug-free workplace in accordance with Section , Florida Statutes. (See Attachment II) 3.8 SUBMISSION OF MANDATORY FORMS Price Proposal Form (Section 7.0) The Price Proposal Form shall be completed and signed by a representative who is authorized to contractually bind the respondent for submission to this solicitation. Drug Free Workplace Certificate (Attachment II) This certificate shall be completed and signed by a representative who is authorized to contractually bind the respondent and returned with the respondent s proposal. Addenda Any addenda supplied by the State to participating respondents may include an Addenda Acknowledgment Form. The form(s) shall be signed by an authorized representative, dated, and returned with the respondent s proposal Bidder References Form (Attachment I) This form will be filled out and returned with the technical portion of the proposal. FDLE has provided an ITN CHECKLIST (Attachment III) which provides guidance to the respondent in assuring that all mandatory information and documents are included. 3.9 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 respondent s submitting a proposal hereto and the Department. Lack of knowledge of the law or applicable administrative procedures, regulations or rules by any respondent shall not constitute a cognizable defense against their effect. Page 19 of 77

21 3.10 STATE LICENSING REQUIREMENTS All corporations seeking to do business with the state will be on file with the Florida Department of State in accordance with the provisions of Chapter 607, Florida Statutes; similarly, partnerships seeking to do business with the state will, have complied with the applicable provisions of Chapter 620, Florida Statutes, and set forth the manner of compliance. Documentation will be required indicating that the Respondent is a corporation or other legal entity. If subcontractors are used, documentation will also be required indicating that all subcontractors are registered with the state in accordance with Chapter 607 or 620, Florida Statutes. For additional information, contact the Secretary of State, Division of Corporations at (850) Respondents must be in compliance with this requirement prior to the execution of the contract and/or purchase order resulting from the award of this ITN. However, it is FDLE s preference that Respondents provide their statements and corporation documentation at the time they submit their proposals to this ITN ACCESSIBILITY FOR DISABLED PERSONS Any person with a qualified disability shall not be denied equal access and effective communication regarding any ITN documents or the attendance at any related meeting or ITN opening. If accommodations are needed because of a disability, please contact the FDLE Purchasing Office at (850) CONTRACTUAL MANDATORY A respondent s response to this ITN shall be considered as the respondent s formal offer. The issuance of Purchase Order(s) and/or Contract(s) for the purchase of the commodities and/or services shall constitute the Department's written acceptance of the successful bid and the signed Purchase Order(s) and/or Contract(s) will be forwarded to the successful respondent SECURITY AND BACKGROUND INVESTIGATION The awarded Respondent, Respondent s employees, and/or Respondent s subcontractors will be required to submit to, and successfully pass, a security background investigation prior to being allowed to perform the services set forth in this ITN and/or allowed access to any of the FDLE s facilities, network, systems or data to perform the tasks and services as set forth in this ITN. The awarded Respondent will allow FDLE full access to all facilities performing work related to this ITN for initial and periodic physical and logical security audits. Audit schedule and parameters will be at the discretion of FDLE. Access to, and use of, FDLE data must be in accordance with Rule 71A-1 FAC. The awarded Respondent will comply fully with all security procedures of the Department and State of Florida in performance of the ITN and will not divulge to third parties any confidential information obtained by the Respondent or its agents, distributors, resellers, subcontractors, officers or employees. Page 20 of 77

22 SECTION 4 - STATEMENT OF WORK 4.1 SCOPE OF WORK Chapter , Florida Statutes, requires that individuals pass a Basic Abilities Test (BAT) prior to admission into a criminal justice basic recruit training program. Similarly, chapter , Florida Statutes, requires all candidates to pass a State Officer Certification Examination (SOCE) to be eligible for certification as a criminal justice officer in the State of Florida. The FDLE Professionalism Program is charged with providing the above exams. Since 1993, the SOCE has been administered as monthly paper-and-pencil exams at 3-5 locations throughout Florida. The SOCE is a knowledge based exam measuring candidates comprehension of basic criminal justice principles. FDLE develops and administers SOCEs for three criminal justice certifications: Corrections, Correctional Probation, and Law Enforcement. Occasionally, there may also be two discrete SOCE versions in a given discipline. Several improvements have been made to the examination process since the inception of the SOCE. FDLE is now converting the process from centralized paper based exam events to an on-demand computer based testing process. The BAT is a cognitive abilities test, measuring six abilities: written comprehension, written expression, inductive reasoning, deductive reasoning, number facility, and memory. Since 2001, the BAT has been developed and administered by authorized independent vendors. However, upon implementation of the CBT system outlined in this document, FDLE will begin delivering a new BAT. There will be two discrete BATs: Corrections and Law Enforcement. In addition to the SOCE and BAT, FDLE also intends to provide practice exams for both exam programs EXAM REGISTRATION AND ELIGILITY There are no eligibility requirements for the BAT. However, candidates are limited to three attempts per discipline in a rolling 12-month period. To be eligible for the SOCE, candidates must either successfully complete a basic recruit training program approved by the Florida Criminal Justice Standards and Training Commission (CJSTC) or obtain a waiver from such a program and demonstrate proficiency in high liability topics. Once candidates have completed their training, they must pass the SOCE within four years of their training start date. Candidates who obtain waivers from the basic recruit training must pass the SOCE within one year of being notified of their waiver. All candidates must register for exams based on eligibility requirements provided by FDLE. Since candidates will not select a particular test date or examination site upon registration, they may become ineligible between the registration and the test event. In such cases, the CBT system must prevent candidates from taking the exam (see functionality requirements) EXAM ADMINISTRATION FDLE will restrict the delivery of the SOCE to criminal justice training centers certified by the Florida Criminal Justice Standards and Training Commission, or to their parent organization. Similarly, delivery of the BAT will be restricted to entities engaged in assessment, training, or employment of criminal justice officers and to certain educational or workforce development organizations. Any test site delivering the SOCE and/or the BAT must be contractually authorized by FDLE. The SOCE and BAT will require verified proctor presence. Practice exams for either exam program will be available on-line via a secure website to users computers following registration and payment on FDLE s website. The practice exams will be untimed and will not require proctoring. Page 21 of 77

23 4.1.4 EXAM RESULTS Upon finishing the exam, whether BAT or SOCE, candidates will not see their results on screen. Rather, test site staff will print and offer candidates an unofficial grade report outside of the testing room. The SOCE grade reports will be pass/fail only. However, SOCE grade reports for failing candidates will include feedback on performance in each content area. All BAT grade reports will contain an overall pass/fail determination as well as feedback by subscale. Feedback on content areas and subscales may be offered as percent correct, list of areas/subscales with scores below 80 percent, or other format when approved by the Department. Results from test events will be transferred from the CBT system to FDLE automatically in as close to real-time as possible DATA STORAGE The Department s Automated Training Management System (ATMS) will be the only official repository of exam results. The CBT system does not need to store or retain any data other than the exams and information pertaining to active examinees once the exam data has been transmitted to and verified by FDLE. An active examinee is defined as a person who has registered for an exam, is eligible for the exam he/she registered for, and has not completed the exam (i.e. results have not been transferred to ATMS) EXAMINATION PROCESS FDLE s examination process begins with candidates exam eligibility; for certification exams, candidates must complete the specified training curriculum. The exam cycle is complete when the official exam results are entered into FDLE s Automated Training Management System (ATMS). ATMS maintains students examination eligibility information as well as exam results. ATMS is the official repository for officer examination information, therefore the CBT system must integrate with ATMS to verify examinee eligibility and test type and to provide exam results when exams are completed. Information retrieved from ATMS and provided to ATMS is confidential and must be delivered via secure channel. Candidate completes training Candidate registers for exam Candidate takes exam Exam results are recorded and disseminated Figure 4.1.6: Example Examination process THE CURRENT PAPER BASED PROCESS The current paper-based examination process requires candidates to register for an exam at a specific time and place. Because the paper exam requires production of exam materials and rosters, candidates often register for the exam before completing training. Candidates eligibility for the certification exam is verified at the exam site through vouchers signed by training center directors. Typically, three to four exam administrations are available on a monthly basis. Paper exams are proctored at designated exam sites. Candidate registers for exam (FDLE registration website) Candidate completes training Candidate takes exam at proctored exam site (Specific date, time and exam facility) Exams are processed via bubble sheet scanner Exam results are recorded in ATMS and disseminated Figure 4.1.7: Example Current Paper Based process Page 22 of 77

24 4.1.8 THE CBT PROCESS A more detailed CBT process flow is illustrated below. This is just one of many possible process flows but is used to conceptualize a high-level process; the final process will depend on the selected vendor s capabilities and final agreement between the contracting parties. Candidate completes training Candidate registers for exam Candidate eligibility is confirmed Candidate arranges test event with test site Test site staff prints unofficial exam result Candidate takes exam Test site staff verifies proctor presence Test site verifies candidate s identity Exam data are available in FDLE s ATMS system Legend Pre-Exam Exam Event Post-Exam Figure 4.1.8: Example CBT Examination process Page 23 of 77

25 4.1.9 POSSIBLE OPTIONS FOR THE CBT SYSTEM ARCHITECTURE The following illustrations provide three different system architecture possibilities ranging from a complete vendor provided solution that handles all examination related transactions to a system in which FDLE handles all examination functionality except item banking and exam delivery. All of the options can be vendor hosted, FDLE hosted or a combination of vendor and FDLE hosting. Please note that the following options are not exhaustive; vendors may present variations of these options or other options that will meet FDLE s requirements. The final architecture will result from the vendor s offering and any negotiations between the contracting parties. Possible System Architecture 1: Vendor Provides Registration Services, Item Banking, Test Development, Item Analysis, Proctoring, Test Delivery and integration with ATMS. In this scenario, the vendor provides a system that includes all services required to complete the full examination cycle, including exam retakes, beginning with exam registration through delivery of final exam results to FDLE (ATMS). The vendor is dependent on FDLE to provide examinee eligibility information and must provide FDLE with final exam results. Page 24 of 77

26 Possible System Architecture 2: FDLE Provides Registration Services and Proctoring; Vendor Provides Item Banking, Test Development, Item Analysis, Test Delivery and Integration with ATMS In scenario 2, FDLE provides registration services, proctoring and integration with ATMS and the vendor provides all of the item banking, test development and test delivery. One advantage to this approach is that all examinee personal information remains within FDLE. Page 25 of 77

27 Possible System Architecture 3: FDLE Provides Registration Services, Proctoring, Exam Delivery and ATMS API; Vendor Provides Item Banking and Test Development In scenario 3, then vendor provides item banking and test development services and FDLE provides all other components required by the system. In this context, the vendor s system is essentially an item banking system; the system could be a client-server or browser-based application located within FDLE or it could be an online item banking system hosted by the vendor. Page 26 of 77