Diseño de la aplicación

Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, and that it does not have business operations in Cuba or Syria.” [emphasis added] This last phrase appears to be based on Section 875.135, Florida Statutes. Given that in 2013 In Odebrecht Construction, Inc. vs. Secretary, Florida Department of Transportation, No. 12- 13958 (May 6, 2013), the Eleventh Circuit Court of Appeals affirmed a U.S. District Court’s decision finding that Section 287.135 was likely unconstitutional on its face and given the difficulty that this certification language would pose for any global telecommunications carrier, would the State remove the phrase “and that it does not have business operations in Cuba or Syria” from Item 3 of Attachment K?

Answer to Question #148:

Item 3 of Attachment K is revised. See Item # 14 at the end of this Addendum.

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MyFloridaNet-2

ITN NO: DMS-13/14-024 List of Changes

1. Attachment A, Statement of Work, subsection 2.1.3, Public Safety Engineer, is deleted in its entirety.

2. Attachment A, Statement of Work, subsection 2.3.16, Surcharges and Fees, is hereby amended as follows:

2.3.16 Surcharges and Fees: All rates must include any applicable government- sanctioned surcharges and fees. For purposes of evaluation, Respondents cannot include any E-rate ineligible fees and surcharges in Reply prices. The reply to this subsection is a list of, and explanation of, all surcharges and fees that are bundled in the rates. Provide a distinction between those which are variable and fixed. Any new or modified government-sanctioned surcharge or fee presented by the Contractor after Contract execution will be considered by the Department. An Amendment to the Contract will be required to permit any new or modified surcharge or fee.

3. Attachment A, Statement of Work, Authentication Service, subsection 2.4.5.d(2), is deleted in its entirety and replaced with the following:

“They shall have the ability to be reprogrammed at the customer site online, via phone, or other.”

4. Attachment A, Statement of Work, subsection, 2.5.1, Maintaining Florida’s E-Rate Eligibility under MFN-2, is deleted in its entirety and replaced with the following:

2.5.1 Florida’s E-rate Eligibility under MyFloridaNet-2: DMS’s paramount concern for this solicitation is to ensure that selected Contractor and any subcontractors, as well as all E-rate eligible services offered to K-12 schools and libraries, comply with E-rate rules and regulations. Accordingly, MFN-2’s procurement, network design specifications, and service provision requirements must comply with FCC E-rate rules and USAC guidelines for eligibility.

a. DMS procures services through competitive bidding procedures.

b. MyFloridaNet-2 shall be a state master contract, available to all local and state government entities, eligible non-profits, and private entities that perform functions for Florida governmental entities. MFN-2’s infrastructure shall support approximately 4,500 connections, including many 911 services, and will not be a network dedicated for the exclusive use by Florida schools and libraries.

c. The Respondent shall comply with the requirements of the published 2014 Schools and Libraries Eligible Services List for Funding Year 2014, titled: Schools and Libraries Universal Service Support Mechanism, Eligible Services List, CC Docket No. 02-6; GN Docket No. 09-51, Released: October 22, 2013, (http://www.usac.org/sl/applicants/beforeyoubegin/eligible-services- list.aspx) and subsequent editions as it pertains to the provision of all E-rate eligible services offered as a result of this procurement. Regarding the provision of WANs, the Respondent shall comply with the Special Regulatory

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Requirements of the Special Eligibility Conditions section and all other sections pertaining to WANs.

d. Responsibility for maintaining the equipment rests with the Contractor. DMS has read-only access to infrastructure components; therefore all services offered as a result of this procurement are provided solely by the Contractor. e. Ownership of the equipment will not transfer to the State. No MFN

infrastructure components will be considered state-owned, presently or under any future arrangement; all core and backbone services shall be provided on a common carriage bases and shall not become state-owned.

f. The customer site’s internal communications systems (e.g. LAN, video, phone, or other communication system) shall continue to work if the MFN-2 component is disconnected.

“Respondent has read, understands, and will comply with the statements contained in this subsection.”

5. Attachment A, Statement of Work, subsection, 2.5.2, Contractor’s Liability for

Maintaining Eligibility as a USF Service Provider, is deleted in its entirety and replaced with the following:

2.5.2 Contractor’s Liability for Maintaining Eligibility as a USF Service Provider: The Contractor must maintain eligibility as a USF service provider and must not be placed on “Red Light Status” by the FCC or placed on the Suspension and Debarment List of the USAC. See http://www.usac.org/sl/about/program- integrity/suspensions-debarments.aspx). The Contractor must not be on “Red Light Status” by the FCC or) at the time of submittal of the response to this ITN. The Contractor must be in compliance with FCC E-rate Program rules and regulations at all times. In the event that the FCC or USAC determines that the Contractor or a subcontractor has not acted in compliance with E-rate Program rules, it can result in denial of funding, reduction in funding, repayment of funding (a commitment adjustment), audit or other investigation, for which the Contractor will take full responsibility and be liable to keep the Department whole.

“Respondent has read, understands, and will comply with the statements contained in this subsection.”

6. Attachment A, Statement of Work, subsection 2.5.5, E-rate Customer Care, is deleted in its entirety and replaced with the following

2.5.5 E-rate Customer Care: If necessary, the Contractor is required to assist DMS with expertise on rules and processes related to Universal Service Fund matters. The Contractor will keep current with the expertise on all rules pertaining to the USF program. Based on these rules and requirements, the Contractor must provide DMS and its customers any information and/or documentation needed to complete forms or respond to USAC and/or FCC inquiries or requests for information. The Contractor’s E-rate support personnel will serve as single points-of-contact for DMS and its customers that have been approved for E-rate funding. In addition to assisting with special requests from DMS and its

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customers, routine responsibilities of E-rate support personnel include, but are not limited to:

a. Contacting DMS E-rate personnel after DMS’s applications are approved for funding to advise them who to contact for assistance within the Contractor’s support group.

b. Enabling DMS to provide discounts on customer bills (when SPI form is used) or reimbursements to customers (when BEAR form is used). c. Assisting DMS in providing information for completion of Billed Entity

Applicant Reimbursement (BEAR) Forms if needed, and promptly certifying BEAR forms after they are filed by DMS.

“Respondent has read, understands, and will comply with the statements contained in this subsection.”

7. Attachment A, Statement of Work, subsection 2.10.1(i), last sentence, is hereby amended as follows:

“The price must be inclusive of the racks mounts.”

8. Attachment A, Statement of Work, subsection 2.8.6.h(6) is deleted in its entirety and replaced with the following:

“SIP Dialog management - the proxy shall add a record route. The proxy shall dynamically make the decision to remain part of the SIP dialog.”

9. Attachment B, Contract Section 23., Subcontracting, is hereby amended as follows: 23. Subcontracting

The Contractor shall be fully responsible for all work performed under this Contract including but not limited to all planning, managing, implementing, operating, supporting, and warranting. If the Contractor needs to subcontract for any services with a subcontractor other than the subcontractors specified in this Contract, the Contractor shall submit a written request to the Department’s Contract Manager. The written request shall include, but is not limited to, the following:

A. The following information on the proposed subcontractor: The name, address and other information identifying the subcontractor;

1. Contact Information.

2. Name and signature of the representative of the responding organization authorized to legally obligate the subcontractor to provide the Services. 3. Legal name of company and headquarters location of the subcontractor.

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4. State and date of incorporation and type of business. 5. Primary location from where the work will be executed. 6. Federal Employer Identification (FEID) Number.

7. If applicable, the name of any officer, director, employee or other agent who is also an employee of the State and the name of any State employee who owns, directly or indirectly, an interest of five percent (5%) or more in the respondent or its affiliates. If this does not apply to your company, state it is not applicable in the cover letter.

B. A description of the services to be performed by the subcontractor and why the Service Provider is unable to will not perform this service;

C. Time of performance of the identified service;

D. A description of how the Contractor plans to monitor the subcontractor’s performance of the identified services;

E. Documentation that the subcontractor has all licenses and has satisfied all legal requirements to provide the Services per the Contract and is approved by the Florida Department of State to transact business in the State of Florida;

F. Documentation that the subcontractor has successfully completed work comparable in scope and specification to that required by the Contract, and is qualified both technically and financially to perform services via a subcontract;

G. A copy of the written subcontract agreements; and

H. Acknowledgement from the subcontractor that the subcontractor agrees to comply with all terms and conditions of the Contract. This includes but is not limited to Section 10, Liability and Worker’s Compensation Insurance requirements.

All subcontractors must be approved in writing by the Department’s Contract Manager before providing any productservices. The Contractor shall expect no less than 60 days for approval of a proposed subcontractor unless it is in the best interest of the State to review and approve a proposed subcontractor in less than 60 days and/or such waiver is granted by executive order.

The Contractor is solely responsible for insuring that the subcontractor performs as specified in the Contract and subcontract. During the term of the Contract, and subject to prior written approval of the Department’s Contract Manager (i.e., approval before services are provided by a subcontractor), subcontractors may be substituted or added. The Contractor’s use of a subcontractor not specified in this Contract or approved by the Department’s Contract Manager as provided above shall constitute a breach of Contract.

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10. Attachment C, Evaluator Score Sheet Workbook, has been reposted as amended below:

A. To exclude subsection 2.1.3, Public Safety Engineer, which has been deleted from Attachment A, the Statement of Work.

B. To remove the extraneous Tab, Evaluator Instructions_org.

11. Attachment E, Price Workbook, has been reposted as amended below:

A. All Tabs, All cells that require numeric input, Cells have been revised to correct the validation. Respondents may not enter zero into cells that require numeric values. B. Tab 1, Checklist, Cells E 14, E18, E24 and E26 formulas have been revised to

subtract the count of the cells that contain error messages to enable the response indicator to show the Attempted, but incomplete icon.

C. Tab 2, CPE-Router, VPN, & Firewall, Cell G2, has been revised to show the entry as currency as this cell represents a price.

D. Tab 2, WAN Service, Cell M5 has been revised to correct the spelling of the word “Access”.

E. Tab 2, WAN Service, Column AM calculations have been revised to include all values for local loop access.

F. Tab 10, Ancillary Services, Cells E8 through G12, and E15 through G10 have been revised to unlock the cells to allow Respondents to input pricing.

G. Tab 11, Snapshot1, Cells B6 through C333 have been revised to format the text with uppercase letters for consistency.

H. Tab 11, Snapshot 1, Cells D84 through D123 have been revised to add the zip code.

I. Site Inventory Tab has been modified to include service type.

12. Attachment F, Master Evaluation Workbook, has been reposted and is hereby amended as follows:

A. To exclude subsection 2.1.3, Public Safety Engineer, which has been deleted from Attachment A, the Statement of work.

13. Attachment J, Price Evaluation Workbook, has been reposted and is hereby amended as follows:

A. Tab 7, Snapshots, Points Awarded, the formula has been revised to compare Respondent pricing using the maximum allowable points.

14. Attachment K, Qualifications Questions 3, 5 and 7, has been reposted and is hereby amended as follows:

3. Respondent certifies that it is not on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum

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Energy Sector List. and that it does not have business operations in Cuba or Syria.

5. Respondent certifies that for E-Rate customers, Respondent will comply with 47 CFR Part 54, Subpart F, including but not limited to not charging schools, school districts, libraries, library consortia, or consortia including any of these entities a price above the lowest corresponding price for supported services.

7. The Respondent certifies that Respondent will comply with all requirements of the published Schools and Libraries 2014 Eligible Services List titled: Schools and Libraries Universal Service Support Mechanism, Eligible Services List, CC Docket No. 02-6; GN Docket No. 09-51, Released: October 22, 2013, and subsequent editions, for all E-rate eligible services offered as a result of this procurement. 15. Attachment M, Points Table, has been reposted and is hereby amended as follows:

A. Column H, Row 43, 50% has been replaced with 100%. B. Extraneous information has been removed from the file.

16. Attachment B, Contract, Section 3.C., Bills for Travel, is deleted in its entirety and replaced with the following:

“C. No Travel Expenses

There will be no allowed travel expenses.”

17. The ITN, subsection 3.2.1. Statement of Work Evaluation Criteria, Item D., is deleted in its entirety and replaced with the following:

“D. Each criterion is weighted as indicated in Attachment C, “Evaluator Score Sheet

Workbook.”

18. Attachment A, the Statement of Work, subsection 2.21.40, is hereby added: 2.21.40. Travel: There will be no travel reimbursements.

To the extent this Addendum gives rise to a protest, failure to file a protest within the time prescribed in section 120.57(3), Florida Statutes, shall constitute a waiver of proceedings under Chapter 120, Florida Statutes.