FLORIDA DEPARTMENT OF LAW ENFORCEMENT

ADDENDUM #1

Bid Number: ITB #1403 Bid Title: Computer Equipment Financing Opening Date: August 29, 2013 @ 2:00 PM EST Addendum Number: One (1) Date: August 26, 2013 ITB Page(s) & Section(s): Page 7, New Section 1.7

Page 8, Section 2.0; Page 16 Section 4.1.2; Pages 22-26 Attachment B Schedule of Equipment (as attached) Page 26 Attachment B Schedule of Equipment Page 27 Attachment C-1 Payment Schedule Page 28 Attachment C-2 Payment Schedule Responses to Questions submitted by prospective respondents (as attached)

Deletions are indicated by “strikethrough” or reference. Additions, updates or replacements are indicated by underscore, reference or highlighting. Section 1 – Introductory and General Information 1.7 Reservation of Right to Use Consolidated Equipment Finance Program (CEFP)

Under Section 287.064, Florida Statutes, the Department of Financial Services (DFS) administers a Consolidated Equipment Financing Program (CEFP). When FDLE released this ITB, DFS did not have sufficient funds in the Program to finance the projects described in the ITB. DFS is now working to secure additional funds for the program. In the event that DFS secures additional funds, FDLE reserves the right to seek financing for one or both projects though the CEFP. This could result in the rejection of all, or a part of all, bids, and in the former eventuality, cancellation of this ITB.

Section 2 – Special Conditions 2.0 PAYMENT

Buyer promises to pay, in accordance with Section 215.422, Florida Statutes, the initial installment payment to the Sellers, in full, upon acceptance of the Equipment, per Attachment C (1 and 2). The total balance due for purchase of the Equipment shall be paid to the Contractor in accordance with Attachment C (Payment Schedule) which is incorporated herein for all purposes. In no case shall interest begin to accrue in favor of the Contractor, its Assignee, or any other person or entity until 30 days after acceptance of the Equipment by the Buyer in the form of Attachment D (1 and 2) attached hereto. Notwithstanding any claim or dispute which may hereafter arise between Buyer and Seller, Buyer will make all payments to Contractor as required under this contract. Buyer hereby covenants to take such actions as are necessary under the

Laws of Florida to plan and budget for receipt of a sufficient appropriation of funds to discharge its obligations to make all payments required under this contract when due.

Section 4 – Requirements 4.1.2 Contracting Procedures

Unisys Libra 460 Computer System

FDLE (Buyer) plans to issue a purchase order to Unisys Corporation (Seller) under terms and conditions specified in State Term Contract 250-000-09-1, Network Infrastructure – Equipment and Services. The lowest responsive Respondent to this Invitation to Bid will be the Assignee of the contract with Seller. The amount specified for the Unisys Libra 460 Computer System, less the initial payment made by FDLE, will be paid by the Respondent to Unisys Corporation in accordance with Section 215.422, F.S., after installation and acceptance of equipment documented by the completion of Attachment D-1 Receipt Certificate, of the Equipment Financing Contract.

MorphoTrak MBSS Matchers FDLE (Buyer) plans to enter into a sole source contract with MorphoTrak, Inc. (Seller). The lowest

responsive Respondent to this Invitation to Bid will be the Assignee of the contract with Seller.

The amount specified for the MorphoTrak MBSS Matchers, less the initial payment made by FDLE, will be paid by the Respondent to MorphoTrak, Inc., in accordance with Section 215.422, F.S., after installation and acceptance of equipment documented by the completion of Attachment D-2 Receipt Certificate, of the Equipment Financing Contract.

THIS ADDENDUM NOW BECOMES A PART OF THE ORIGINAL ITB.

THE ADDENDUM ACKNOWLEDGEMENT FORM SHALL BE SIGNED BY AN AUTHORIZED COMPANY REPRESENTATIVE, DATED AND RETURNED WITH THE ITB RESPONSE AS

INSTRUCTED IN SECTION 3.3, ADDENDA.

ADDENDUM ACKNOWLEDGEMENT

COMPANY NAME: ___________________________________________________________________ FEDERAL TAX IDENTIFICAITON NUMBER: ______________________________________________ ADDRESS: _________________________________________________________________________ CITY: _______________________________ STATE: ______________________ ZIP: _____________ RESPONDENT: _________________________ TITLE: ______________________________________ AUTHORIZED SIGNATURE: __________________________________________ DATE: ___________ PHONE: _______________________________ EMAIL:______________________________________

FAILURE TO FILE A PROTEST WITHIN THE TIME PRESCRIBED IN FLORIDA STATUTE 120.57(3) OR FAILURE TO FILE A BOND OR OTHER SECURITY WITHIN THE TIME ALLOWED FOR FILING A BOND SHALL CONSTITUTE A WAIVER OF PROCEEDINGS UNDER CHPATER 120 FLORIDA STATUTES.

ITB 1403

Page 21 of 32

ATTACHMENT B SCHEDULE OF EQUIPMENT

Unisys Libra 460 System

Qty Style Description

List Price Net Price

Libra 460 Mainframe

Hardware :

1 LM46016-R2 Libra 460,Rack,16 bays,2 Quad-Cores, 64GB

Memory 10,332 9,092

1 USB102401-FDR 4GB USB flash memory stick 24 21

1 ES3503007-SHP ES3000 G3 Confg Info 7 63 55

1 ES3534021-TAP ES3/3530T G3 LTO-4-120, 800/1600GB HH TBU w/SAS5iR Controller

3,999 3,519

2 ES3534022-TAP ES3/3530T G3 Tape Backup SAS 0 0

2 ES3599201-DSK 146GB 15K SAS,6G,2.5,HP 778 684

1 ES3503012-PCE ES3/35xx G3 Intel I350 DP 1Gb Adapter 338 298

1 ES3534031-RAD ES3/3530T G3 PERC H710p Adapter RAID Controller, 1GB NV Cache

799 703

3 ES3534111-RAD ES3/3530T G3 RAID 1 for H710P/H710/H310 (2 HDDs)

0 0

1 ES3599021-PDU ES3000 C13-C14, PDU, 12AMP, 6.5 FT, 2 60 54

2 ES3503021-SMC ES3/35xx G3 iDRAC7 Enterprise 399 351

1 ES3599181-PCE ES3000 LPe12002 8GB Dual FC HBA 4,090 3,600

4 SYS460-HNK Acc: Libra 460 Trigger Style 0 0

1 CBL17103-5 Cable: 5m Fiber OM3 10GbE 50/125 LC-LC 200 176

1 UET3414963-PCE ES3/35xx U320 SCSI PCIE CTRL 234 206

1 ES70003-SUI RCK:KBRD/MOUSE/MON/SHELF 1,902 1,674

1 KVM9002301-CNV ADPTR:USB to CAT5 KVM converter 250 220

1 KVM9083101-SWC SWITCH:8 Port CAT5-PS/2 KVM 1,300 1,144

1 LBS30040-CAB 40U, 19x42 Rack w/Side Skins, Back Door, 2 pwr strips

3,500 3,080

1 CPH40-FDR ClearPath 40U Front Door 2,100 1,848

1 ALP604-RVL 8-Cartridge LTO4 HH w/ 1U Rack Kit, LVD 11,090 9,759

1 CBL2215-OSM CABLE:15FT LVD SCSI VHD-HD 140 123

1 OSM1000-PRC PWR CORD:IEC320-C13/C14 13 11

WUL3534121-WWP ES3000 3530T G3 3yr 7x24x4 Warranty Upgrade

Hardware Subtotal 41,611 36,618

ITB 1403

Page 22 of 32

Software :

1 CS10-OS9 Ops Sentinel Add-On Pkg 0 ETP36 0

1 CSS10460-CP IOE Comp Pkg 64 Bit English 3,999 OTC 3,519

1 CSS10460-40 IOE 200/4860 1,029,000 ETP36 905,520

1 CSL10460-40 Image Enabler 200/4860 220,500 ETP36 194,040

1 CS10-END IOE Encryption Opt US 0 ETP36 0

1 CSP1070-ATD DEV AID:ALGOL TEST/DEBUG 11,999 ETP36 10,559

1 CSP1070-CTD DEV AID:COBOL 74 TST/DBG 13,798 ETP36 12,142

1 CSP1070-C74 COBOL74 Compiler 25,082 ETP36 22,072

1 CSP1070-DMC Database Certification 12,923 ETP36 11,372

1 CSP1070-DMT Database Interpreter 12,351 ETP36 10,869

1 CSP1070-ERG DATAMGT:ERGO 33,608 ETP36 29,575

1 CSP1070-RMP Remote Print System 21,652 ETP36 19,054

1 CSP1070-ALG CMPLR:ALGOL/DCALGOL 21,811 ETP36 19,194

1 CSP1070-NWP CMPLR:NEWP 21,811 ETP36 19,194

1 CSP1070-WRP WRAP File Enabler 5,457 ETP36 4,802

CSP1070-MTS MCP TapeStack Product Style for Group level 70 10,000 ETP36 8,800

1 CSU10460-40 SSU Scrn 200/4860 154,350 ETP36 135,828

Software Subtotal 1,598,341 1,406,540

Services :

1

LIB10001-CIS Comprehensive Implementation Service of Libra 4x0 Platform

25,400 25,400

Installation 1,758 1,758

Services Subtotal 27,158 27,158

Subtotal - Libra 460 Mainframe 1,667,110 1,470,316

ITB 1403

Page 23 of 32

VNX5300 Storage Area Network

Hardware :

4 OSM1000-PRC PWR CORD:IEC320-C13/C14 52 44

4 CBL17103-5 Cable: 5m Fiber OM3 10GbE 50/125 LC-LC 200 176

1 VNX5330015-1F VNX5300 DPE;15X3.5 DRIVES - FIELD INST 8X300 15,663 13,783

7 VNX300156-31 300GB 15K SAS DISK DRIVE 4,655 4,095

1 VNX5300-KIT DOCUMENTATION KIT FOR VNX5300 0 0

1 VNX5153-SPS 2ND OPTIONAL SPS FOR VNX 51/53 492 433

1 VNX530048-MFO VNX5300 4 PORT 8G FC IO MODULE PAIR 2,500 2,200

Hardware Subtotal 23,562 20,731

Software :

1 CXP600-WKT EMC SW:POWERPATH WINDOWS KIT 0 OTC 0

1 OPN456103-635 POWERPATH PP-WN-COUNTR 0 OTC 0

2 OPN457100-696 POWERPATH PP-X86-T1 1,190 OTC 1,048

1 VNX5300-UBE UNISPHERE FOR BLOCK AND VNX OE FOR A VNX 5300

6,413 OTC 5,643

Software Subtotal 7,603 6,691

Services :

1 PS100-INB RACK & STACK UNIFIED BLOCK ONLY 1,590 1,590

1 STO92010-INS PS: Base MCP Storage Implementation Service 10,800 10,800

1 STO92014-INS PS: CX4-240 Implementation Service 2,695 2,695

1 STO92107-INS PS: Emulated MCP Storage Attach Implementation Service

3,000 3,000

1 STO92301-INS PS: Fibre Channel Attached Tape Device Implement

675 675

1 STO92902-SUP PS: Project Management Service 3,160 3,160

Services Subtotal 21,920 21,920

Subtotal - SAN 53,085 49,342

ITB 1403

Page 24 of 32

Brocade Switches

Hardware :

2 CON40-RCK DSB SW GEN RCK KIT –B 1,200 1,056

2 CON300-B8G DS-300B 8/24P 8G BASE SWITCH 8,400 7,392

2 CON1312-PWR US/NA 5-15P TO C13 POWER CORD-B 0 0

Hardware Subtotal 9,600 8,448

Services :

2 STO92201-INS PS: 8-Port Fiber Channel Switch Implementation

S 1,800 1,800

Services Subtotal 1,800 1,800

Subtotal - Switches 11,400 10,248

DSI-VV8 Virtual Tape Library

Installation Charges: 80 80

Hardware :

1 DSI300121-VV8 DSI300 with 6 - 2TB Drives, license maximum

8TB, includes: 16GB RAM 26,738 23,529

1 DSI300-T02 Spare Drive 2TB with carrier 881 775

1 DSI1000-IPI LibraryController for MCP, Rackmount, iSCSI/IP. Required for MCP and MCPvm systems

3,450 3,036

Hardware Subtotal 31,069 27,340

Software:

1 DSI303-VMR Value MCP Robotics - 3 year license of DSI 15,099 13,287

Library Manager

1 DSI303-VMP Value MCP Attach - 3 year license of DSI 8,850 7,788

Tape Manager

ITB 1403

Page 25 of 32

Software Subtotal 23,949 21,075

Services :

1 DSI1000-VLI PS: VTL Implementation and Training 3,000 2,640

1 DSI1000-TAE PS: Travel and Expenses 2,500 2,200

Services Subtotal 5,500 4,840

Subtotal - VTL 60,598 53,335

TOTAL 1,792,193 1,583,241

Total - Unisys Libra 460 System 1,792,193

1,583,241

Initial Payment to Unisys Corporation

55,798

Amount to be Financed 1,527,443

MorphoTrak Biometric Identification System - Phase 2 Upgrade

Qty Style Description

Net Price

24 MBSS_01 MBSS Matchers

SERVER, DL360PG8-4LFF, 2-8C-E5-2650-2.0GHZ-20MB,16-8GB,1-450GB-15K-SAS, 2-4-NIC, 2-750W

MorphoTrak Licensed Software

2 3106-007018-05 Advanced Matcher Controller (AMC)

Server, DL380PG8-8SFF, 2-4C-E5-2609-2.4GHZ-10MB, 24-4GB RAM, 2-300GB-10-SAS-SC, 2-460W, 4-NIC-1GbE

HBA, FC, 2X8GB, PCIx8, Q-LOGIC

Cables

8 3106-007017-01 Data Processing Server (DPS)

Server, DL360PG8-SFF, 2-4E5-2609-2.4GHZ-10MB, 2-4GB RAM, 2-300GB-SAS-10K-SFF-SC, 2-460W, 4-NIC-1GbE

Cables

2 3106-007018-01 Advanced Data Servers (ADS)

ITB 1403

Page 26 of 32

SERVER, DL380PG8-8SFF, 2-4C-E5-2643-3.3GHZ-10MB, 16-8GB, 4-600GB-SAS-10K-SFF-SC, 2-460W, 4-NIC-1GbE

1 _SAN_120TB Storage Area Network (SAN)

SAN, 125TB-RAID5 (123D, 15P, 2HS), 140-900GB-SFF-SAS-10K

2 0907-00509 SAN Switch

SWITCH,SAN,8/24(16 ENABLED)

1 4800-000000-12 Rack

KIT, RACK, 10642G2, 42U, 240V, 4-24A, 4-L6-30P, NA/JP

1 0927-00148 Monitor / Keyboard

3 0305-00907 Keyboard/Video/Monitor (KVM) Switch

1 0907-00505 2501G-48, 1GbE Managed Switch

1 0907-00503 2510-48, 100MbE Managed Switch

1 Professional Services Program Management

Installation

Integration

Testing

Data Migration

System Administration Training

TOTAL 2,650,000

Total - MorphoTrak BIS - Phase 2 Upgrade 2,650,000

Initial Payment to MorphoTrak 650,000

Amount to be Financed 2,000,000

ITB 1403

27 of 32

ATTACHMENT C-1 PAYMENT SCHEDULE

Buyer: Florida Department of Law Enforcement Equipment Title: Amount to be Financed: $ Compound Period: Quarterly Nominal Annual Rate: _______ Planned Acceptance Date: The first initial installment payment to the Contractor is due within 30 days following acceptance and subsequent installment payments shall be due quarterly (90 days) thereafter.

Payment Number

Payment Amount

Interest

Principal

Balance

1.

2.

3.

4.

5.

6.

7.

8.

9.

10.

11.

12.

13.

14.

15.

16.

$ $ $ $

ITB 1403

28 of 32

ATTACHMENT C-2 PAYMENT SCHEDULE

Buyer: Florida Department of Law Enforcement Equipment Title: Amount to be Financed: $ Compound Period: Quarterly Nominal Annual Rate: _______ Planned Acceptance Date: The first initial installment payment to the Contractor is due within 30 days following acceptance and subsequent installment payments shall be due quarterly (90 days) thereafter.

Payment Number

Payment Amount

Interest

Principal

Balance

1.

2.

3.

4.

5.

6.

7.

8.

9.

10.

11.

12.

13.

14.

15.

16.

$ $ $ $

FDLE ITB 1403

TECHNICAL QUESTIONS

Respondent Question Number

Question Response

1

Does either the State or the FDLE have a financing document that would be the basis for the financing agreements for this project, or can lenders offer their own version of financing documentation?

FDLE acknowledges that the term “financing” normally implies the existence of a security interest of some sort for the benefit and protection of the lending party. However, this ITB is for an unsecured loan for the purchase of equipment, as defined and specified in the ITB. The ITB has been modified to clarify this intent.

2

a. Related to Question 1 above, the FDLE has the option to secure this financing under a contract where the interest income to the lender is considered federal tax-exempt to the Lender. If properly done, this type of financing may lower the overall project cost to the FDLE due to reduced interest rates being offered. However, there are specific documentation requirements for tax-exempt lease purchase financing in order to meet IRS requirements for tax-exempt financing that are not specifically addressed in the ITB documentation.

b. Will the FDLE consider financing bids that are offered on a tax-exempt basis?

c. If so, will the FDLE agree to the additional documentation requirements that may be necessary to properly document a tax-exempt transaction?

See Response to Question #1. This ITB does not contemplate or allow for any type of leasing arrangement for the equipment purchased. With that reservation, FDLE will consider bids offered on a tax-exempt basis, if that is allowed by the applicable law. In that event, the Respondent may submit a separate cost sheet title “Option 1”.

3

a. Since the MorphoTrak MBSS Matchers equipment is not due for acceptance by the FDLE until April 2014, will the Buyer consider escrowing the financing funds for this portion of the project in order to secure a current market interest rate?

b. Otherwise, will the FDLE accept a financing bid that is subject to indexing of the interest rate through the projected closing/funding date for this portion of the overall project?

a. The Department will not consider escrowing the financing funds for this portion of the project. b. The Department will not consider the indexing of the interest rate.

4 Is this financing for the computer system secured by the State of Florida’s full faith and credit? (Section 287.0641, Florida Statutes)

Yes.

5

How is this financing program different than the consolidated financing of deferred-payment purchases authorized in Section 287.064, Florida Statutes?

See Responses to Questions # 1 and 2. This ITB is intended to enable FDLE to pay the costs associated with two specific projects, and does not involve DFS as a party.

6 Section 4.1.3 requires full funding within 30 days of receipt of the Department’s fully executed Receipt

At this time, FDLE does not foresee the need to modify these dates.

Certificate. Section 4.1.7 provides anticipated acceptance dates of October 31, 2013 and April 30, 2014. Are there any events that would speed up or delay those timelines?

7

Section 2.10 E-Verify requires the successful bidder to utilize E-Verify, will you accept an acceptable alternative - our current method is manual checking of i-9 verifications. As a Nationally Chartered bank we have other Federal requirements but are not required to participate in the E-Verify Program.

No. Executive Order Number 11-02 encourages FDLE to require the use of E-Verify by all contractors. It is, accordingly, a requirement for this ITB. (E-Verify is an Internet-based system that compares information from an employee's Form I-9, Employment Eligibility Verification, to data from U.S. Department of Homeland Security and Social Security Administration records to confirm employment eligibility. This is a free service. Responders should be registered before award.)

8

a. Is it the department’s intent to review and use the lease agreement provided by Lessor or Lessor’s counsel?

b. Would the department like samples documents provided with the bid proposal?

See Responses to Questions # 1 and 2.

9

Will Lessee consider proposals with exceptions to the terms and conditions provided?

See Responses to Questions # 1 and 2. Although Section 1.4 of the ITB allows FDLE to reject any additional or exceptional terms and conditions proposed by a Respondent, FDLE will consider proposals with exceptions to the terms and conditions provided in the ITB if determined to be in conformance with applicable law and in the best interest of the State.

10

We at IGF have worked closely with the State of FL over the past few years and I've closed business with several State entities including Department of Financial Services (DFS), Florida Lottery, NSRC, SSRC, USF and others. During our conversations with DFS, we entered into a master agreement for financing that was signed off on by DFS. This is an industry standard vehicle for funding IT product whether it be hardware, software, services or other IT products of value. Gaining signature at such an agency as DFS has enabled us to state with confidence that our T's and C's which were negotiated by State of Florida attorneys and have been vetted by a prominent agency, and are fair to be used by other agencies.

a. Question: Would FDLE consider using the already-inked master agreement between IBM Global Financing and State of Florida, DFS?

a. For FDLE to consider using the referenced “master agreement” would require modifying this ITB in a manner FDLE is not prepared to do.

b. See Response to Question #9. c. Payments would be made by FDLE

directly to the Sellers of the Libra 460 system and MBSS Matchers. The ITB has been modified to make this intent clear.

b. If not, would your group engage in conversations with our legal to arrive at agreed upon terms?

c. In section 4.1.1 I see that there is an initial payment shown for both the Libra 460 system and also MBSS Matchers system of $55,798 and $650,000 respectively. How would these payments be remitted? To whom would these payments be remitted? Would these amounts be paid to the leasing company in an upfront payment (i.e. a "first" payment)? OR to the vendor