INVITATION TO BID FOR CENTRAL OFFICE … · 3.15 Integrated Services Digital Network (ISDN) – A set of communications standards for simultaneous digital transmission of voice, video,

Ron DeSantis, Governor Jonathan R. Satter, Secretary

4050 Esplanade Way Tallahassee, FL 32399-0950

Tel: 850-488-2786 | Fax: 850-922-6149

INVITATION TO BID

FOR

CENTRAL OFFICE TELECOMMUNICATION SERVICES

ITB NO: DMS-18/19-071

THE STATE OF FLORIDA

DEPARTMENT OF MANAGEMENT SERVICES

ATTACHMENT A – STATEMENT OF WORK

ITB No.: DMS-18/19-071, Attachment A Central Office Telecommunications Services Page 2 of 27

SECTION 1. INTRODUCTION No response is required to the individual sections of this Attachment A - Statement of Work. By submitting a Bid, Bidder agrees it has read, understands, and will comply with the statements contained in this Attachment A - Statement of Work. All work performed by Contractor shall be in accordance with the terms set forth herein. SECTION 2. OVERVIEW The Department of Management Services (DMS), Division of Telecommunications, is seeking proposals for Central Office-based switching system local access services, referred to within this procurement as Centrex, in the Local Access and Transport Areas (LATAS) where Embarq Florida, Inc. d/b/a CenturyLink (CenturyLink) is the incumbent local exchange company providing Centrex within the State of Florida as certified by the Florida Public Service Commission. The LATAs where CenturyLink is the ILEC will be referred to within this procurement as the CenturyLink Centrex Market Areas. The awarded Contractor will provide switching system local access services for eligible SUNCOM users. The awarded Contractor will also provide transition services, including transition from the vendor currently providing Centrex services under Contract DMS-08/09-057, and transition prior to the expiration of the Purchase Order to the vendor(s) awarded a contract under the currently active ITN No: DMS-17/18-004 SUNCOM Communication Services. The terms of the current Centrex Contract, DMS-08/09-057, are available at https://facts.fldfs.com/Search/ContractDetail.aspx?AgencyId=720000&ContractId=TC028. The terms of the current ITN No: DMS-17/18-004 SUNCOM Communication Services are available at http://www.myflorida.com/apps/vbs/vbs_www.ad_r2.view_ad?advertisement_key_num=147191 SECTION 3. DEFINITIONS AND ACRONYMS Definitions contained in Rule 60FF-1.002, Florida Administrative Code, are incorporated by reference. In the event of a conflict, the definitions listed in this section supersede the incorporated definitions. All definitions apply in both their singular and plural sense.

3.1 Automatic Call Distribution (ACD) – A Centrex feature that automatically distributes

incoming calls to a Customer defined group of Main Stations. 3.2 Basic Rate Interface (BRI) – A Centrex service which provides trunked local access to

the PSTN using the ISDN protocol. The service provides Customers two (2) bearer channels (B-channels) to carry voice calls and one (1) ISDN signaling channel (D-channel) for signaling between the Customer’s terminal device and the Contractor’s end-switching office.

3.3 Busy lamp field (BLF) – A Centrex feature which allows observation of another extension to see if it is busy or available (BLF).

3.4 Centrex - A partitioned Central Office based Switching System and Local Access Service which can be programmed to meet the business needs of a specific customer group.

3.5 Central Office (CO) - A building to which phone lines are connected on a local loop. The CO also has telephone switches which route calls locally or to a long-distance interexchange carrier.

https://facts.fldfs.com/Search/ContractDetail.aspx?AgencyId=720000&ContractId=TC028

http://www.myflorida.com/apps/vbs/vbs_www.ad_r2.view_ad?advertisement_key_num=147191


3.6 Competitive Local Exchange Telecommunications Company (CLEC) – A company

that provides local access service within an area that is already served by an ILEC. The CLEC provides an alternative to the ILEC for switching system local access service.

3.7 Contractor - The Responsive and Responsible Respondent awarded a Purchase Order,

if any, pursuant to this ITB. 3.8 Communications Service Authorization and Billing (CSAB) – Ordering, inventory,

incident management, and billing system utilized by the Department’s Division of Telecommunications. More information can be found here: https://www.dms.myflorida.com/business_operations/telecommunications/place_suncom_orders

3.9 Demarcation Point – The point at which the Contractor’s Centrex network ends and

connects with the Customer’s on-premise wiring.

3.10 Direct Station Select (DSS) – A Centrex feature which allows subscribers to call another extension with the push of a key.

3.11 Direct Inward Dial (DID) – A Centrex feature that provides a telephone number or block of telephone numbers which are delivered over a Centrex PRI to a Customer’s premise telephony equipment.

3.12 Federal Communications Commission (FCC) – An independent agency of the United State government which regulates interstate communications by radio, television, wire, satellite, and cable.

3.13 Interexchange Carrier (IXC) - Any certificated company providing long distance calling service between LATAS.

3.14 Incumbent Local Exchange Carrier (ILEC) – A telephone company that provides switching system local access service to a calling area. An ILEC is a telephone company that provided switching system local access service prior to the Telecommunications Act of 1996.

3.15 Integrated Services Digital Network (ISDN) – A set of communications standards for simultaneous digital transmission of voice, video, data, and other network services for the PSTN.

3.16 International Telecommunication Union - Telecommunications (ITU-T) – One of three sectors of the International Telecommunication Union (ITU); it develops and publishes telecommunications standards.

3.17 Local access and transport area (LATA) - A geographic area defined by the FCC within which ILECs and CLECs provide telecommunication services.

3.18 Main Station – A single Centrex line, either analog or digital.

https://www.dms.myflorida.com/business_operations/telecommunications/place_suncom_orders

https://www.dms.myflorida.com/business_operations/telecommunications/place_suncom_orders


3.19 Multiple Appearance Directory Number (MADN) – A Centrex feature that allows a telephone number to appear on two (2) or more Centrex Main Stations.

3.20 North American Number Plan (NANP) – A telephone numbering plan that encompasses

the United States and nineteen (19) other countries.

3.21 North American Numbering Plan Administration (NANPA) – A service procured from the private sector by the FCC which assigns area codes, assigns service feature activation codes, and makes rules for routing calls across the United States.

3.22 NXX - A three-digit code in which N is any digit 2 through 9 and X is any digit 0 through 9. The NXX represents the central office code and is assigned to one company.

3.23 NOC - Network Operations Center.

3.24 Numbering Plan Area (NPA) – The three-digit area code of the NANP.

3.25 Presubscribed or Primary IXC (PIC) - The long-distance carrier to which outbound traffic from the Centrex is automatically routed.

3.26 Primary Rate Interface (PRI) – A Centrex service which provides trunked local access to

the PSTN using the ISDN protocol. The service provides Customers twenty-three (23) bearer channels (B-channels) to carry voice calls and one (1) ISDN signaling channel (D-channel) for signaling between the Customer’s terminal device and the Contractor’s end-switching office.

3.27 P.01 Grade of Service - The grade of service reflecting the probability that, at most, only one call out of one hundred calls could be blocked.

3.28 Signaling System–7 (SS7) - SS7 is an ITU-T suite of standards defining the procedures and protocols by which network elements in the PSTN exchange information over a digital signaling network to enable wireless (cellular) and wireline call setup, routing, and control.

3.29 Voicemail – A Centrex service which allows callers to leave voice messages for Main

Stations. SECTION 4. TECHNICAL SPECIFICATIONS This section consists of the technical requirements related to furnishing Centrex services. The Contractor will be responsible for the total service provided; this includes changes, installation, trouble reporting, and resolution. In submitting a bid, the Contractor agrees to all terms set forth in this document. 4.1 Centrex Standards and Compliance with FCC Regulations

The Contractor shall offer Centrex services that comply with all applicable FCC rules and regulations and industry standards including the following: A. ITU-T Recommendation Q.700 through Q.799 series of standards which provide the

framework for PSTN signaling, routing, and control. B. ITU-T Recommendation Q.930 through Q.939 series of standards for the ISDN

protocol.


C. ITU-T SS7 standards. D. American National Standards Institute (ANSI) T1.110 through T1.119 protocol

specifications for PSTN signaling, routing, and control within the United States. 4.2 Centrex Service Requirements

The Contractor shall comply with the following requirements: A. The Contractor shall create a partition for the Department and its Customers for a CO

Centrex when ordered by the Department. B. The Contractor shall provide an originating P.01 grade of service or better to all

Centrex services and service areas, regardless of the end termination grade of service. C. The Contractor shall provide analog Centrex service to individual Main Stations in the

CenturyLink Centrex Market Areas in Florida. Due to the high concentration of analog Main Stations in Wakulla County and Leon County (Tallahassee), the Department is requesting analog Main Station pricing for the CenturyLink Centrex Market Areas in Tallahassee and separate analog Main Station pricing for all other CenturyLink Centrex Market Areas in Florida.

D. The Contractor shall provide digital Centrex service to individual Main Stations in the CenturyLink Market Areas in Florida. Due to the high concentration of digital Main Stations in Tallahassee, the Department is requesting digital Main Station pricing for the Tallahassee Centrex Market Areas and separate digital Main Station pricing for all other CenturyLink Centrex Market Areas in Florida.

E. The Contractor shall provide Centrex services throughout the CenturyLink Centrex Market Areas where CenturyLink is the ILEC.

F. Offer all Centrex Main Station features listed in Attachment D at no additional cost. G. The Contractor shall provide the capability to access Voicemail boxes for analog and

digital Main Stations. H. The Contractor shall provide MADN for analog and digital Main Stations. I. The Contractor shall provide ACD as an included feature for analog and digital Main

Stations. J. The Contractor shall provide the DSS and BLF Centrex feature bundle for analog and

digital Main Stations. K. The Contractor shall offer PRI Centrex service in the CenturyLink Centrex Market

Areas in Florida. The Centrex PRI service includes the following ISDN network elements: PRI access facility, PRI port to premise equipment, PRI B-channel (23 per Centrex PRI) performing at 64,000 bits per second per channel, and PRI D-channel (1 per Centrex PRI) performing at 64,000 bits per second per channel.

L. The Contractor shall offer BRI Centrex service in the CenturyLink Centrex Market Areas in Florida. The Centrex BRI service includes the following ISDN network elements: BRI access facility, BRI port to premise equipment, BRI B-channel (2 per Centrex BRI) performing at 64,000 bits per second per channel, and BRI D-channel (1 per Centrex BRI) performing at 64,000 bits per second per channel.

M. The Contractor shall offer DIDs for Customers who have ordered Centrex PRI Service. The Customers must be permitted to order either a single DID, a block of 20 DIDs, or a block of 100 DIDs.

N. The Contractor shall provide Centrex ports for the interconnection of the Contractor’s Centrex system to the dedicated long distance and toll-free networks from SUNCOM’s long distance and toll-free IXC service provider no later than August 18, 2019, at 12:01 A.M. ET.


O. Provide Customers Centrex feature activation codes described by NANPA provided in the following URL, https://www.nationalnanpa.com/number_resource_info/vsc_assignments.html.

P. The Contractor is responsible for installing Centrex services when ordered by the Department or Customers. Contractor may impose the following installation charges: a service order charge for each order, a premise visit charge, and a non-recurring setup cost for the services or features. The service order charge may be billed for each order submitted by a Customer for a Centrex service or feature listed in Attachment B - Pricing. The premise visit charge may be billed when the Contractor is required to send one of its employees to the Customer’s site to install a Centrex service or feature listed in Attachment B - Pricing. The non-recurring setup cost may be billed by the Contractor when the Centrex services and features listed in Attachment B - Pricing are installed for a Customer and require configuration.

Q. The Contractor shall deliver and install, to the Customer’s satisfaction, analog and digital Main Stations within five (5) business days after acceptance of a CSAB order from the Department. For each Main Station that is not installed and accepted by the Customer within five (5) business days after acceptance of a CSAB order, the Department will charge Contractor $10 a day until the installation is completed and accepted by the Customer. Contractor will not be assessed more than $200 per CSAB installation order.

R. The Contractor shall deliver and install, to the Customer’s satisfaction, ISDN PRI and BRI service within thirty (30) calendar days after acceptance of a CSAB order from the Department. For each ISDN PRI or BRI that is not installed and accepted by the Customer within thirty (30) business days after acceptance of a CSAB order, the Department will charge Contractor $10 a day until the installation is completed and accepted by the Customer. Contractor will not be assessed more than $200 per ISDN PRI or BRI order.

S. The Centrex shall be connected to the E911 network in compliance with all statutory and regulatory requirements no later than August 18, 2019, at 12:01 A.M. ET.

4.3 Additional Centrex Requirements

The following required terms apply to providing Centrex services and features set forth herein. These requirements shall be provided by the Contractor to Customers at no additional cost: A. Deliver Centrex service up to the Customer’s Demarcation Point. B. Block all calls to the 700 and 900 NPA and the 976 NXX group unless the Department

requests otherwise. C. Block calls by NPA or NXX as well as specific extension within an exchange. D. Block directory assistance and operator assisted calls. E. Use the NANP for the routing of all domestic calls. F. Configure the Centrex with enough facilities to prevent outgoing calls from being

blocked. G. On an annual basis, list Customers’ Centrex numbers in the local public phone books. H. Provide Customers ability to have unpublished/private numbers. I. Provide the Department 1,900 audio conference bridge ports which. will be accessed

via 69 Centrex telephone numbers and are comprised of 6, 10, 14, 20, 30, 44, 60, and 150 port audio bridges.

https://www.nationalnanpa.com/number_resource_info/vsc_assignments.html


4.4 Additional Voicemail Requirements provided with the Voicemail feature The following required terms apply to providing Voicemail feature as set forth herein. These requirements shall be provided and included with the Voicemail feature by the Contractor to Customers at no additional cost: A. Provide capacity for a minimum of twenty (20) messages of two (2) minutes in length

or equivalent to forty (40) minutes of memory storage space for each voicemail mailbox.

B. Provide multiple greetings for the following conditions: busy, out of office, no answer. C. Provide audible and/or visual message waiting indicator. D. Provide out-dial notification. E. Provide the capability so that “0” will dial out to an attendant. F. Provide the capability to broadcast messages within specified Customer groups. G. Provide extended/guest mailboxes with multiple user voice messaging capabilities. H. Provide access to the voicemail internally or externally using a local number. I. Provide the capability to transfer messages to another Centrex voicemail box. J. Maintain voicemail services throughout the Purchase Order term to conform with the

requirements set forth herein. Failure to maintain any Customer’s voicemail in conformance with these voicemail requirements will result in a credit to the affected voicemail account of five percent (5%) of the affected voicemail account’s monthly recurring cost (MRC), per infraction. This credit must be applied for any and all of Contractor’s failures to conform with the voicemail requirements within a month, not to exceed the cost of the affected voicemail account’s MRC for that month.

4.5 Trouble Reporting

A. The Contractor must operate a NOC supporting the Centrex service which is staffed twenty-four (24) hours a day, seven (7) days a week.

B. Customers will report Centrex service issues to the Contractor’s NOC by calling a toll-free number. The Contractor shall provide the toll-free number within ten (10) calendar days of the PO being issued. The Contractor will open a trouble ticket within one (1) hour of receiving the Customer reported service issue.

C. The Contractor shall use a trouble ticketing system to track the status of Customer trouble tickets and provide Customer with updates on the status of the trouble ticket.

D. The Contractor shall provide the Department a list of contacts for the escalation of service issues within ten (10) calendar days of the PO being issued.

4.6 Centrex Reliability

Centrex services and features, including Voicemail, shall be fully operational 99.95% of the time or better. This means that Contractor’s Centrex services and features cannot be out of service more than twenty-two (22) minutes per month. If a Centrex service or feature experiences cumulative outages of twenty-three (23) minutes to sixty (60) minutes during a month, the Contractor shall reimburse the Department ten percent (10%) of the monthly recurring costs of each Centrex service and/or feature affected by outages. If the Centrex service or feature experiences cumulative outages of sixty-one (61) minutes to one hundred and twenty (120) minutes during a month, the Contractor shall reimburse the Department twenty percent (20%) of the monthly recurring costs of each Centrex service and/or feature affected by outages. The Contractor shall reimburse the Department an additional ten percent (10%) of the monthly recurring costs of each Centrex service and/or feature disrupted by outages for every additional hour exceeding one hundred and twenty (120) minutes.


The Contractor will not be required to reimburse more than the monthly recurring costs of each Centrex service and/or feature disrupted by outages.

4.7 Contractor Staffing Requirements

The Contractor shall provide qualified staff to oversee the implementation, installation, and ongoing operations of the PO as a result of this ITB. The Contractor shall provide the Department’s Purchase Order Manager contact information for all staff supporting Centrex services under this PO within ten (10) days of acceptance of the PO.

4.8 Implementation

A. The Contractor must be able to accept Customer orders for Centrex services in the CenturyLink Centrex Market Areas by August 18, 2019, at 12:01 A.M. ET.

B. Centrex services must be available in the CenturyLink Centrex Market Areas to Customers no later than ninety (90) days from acceptance of the PO. If services are not available to be delivered to all Customers within ninety (90) days from acceptance of the PO, the Contractor may be found in default of the resulting PO.

C. The Contractor shall provide Centrex ports for the interconnection of the Contractor’s Centrex system to the dedicated long distance and toll-free networks from SUNCOM’s long distance and toll-free IXC service provider no later than August 18, 2019, at 12:01 A.M. ET

D. Transition from the current Centrex Contract DMS-08/09-057 to a new PO awarded as a result of this ITB shall be at no cost to the Department or Customers. Transition must be completed no later than ninety (90) days from acceptance of the PO. If not completed timely, the Contractor may be found in default of the PO.

E. Should the Contractor require a PIC change, it will be done at no additional cost to the Department or Customers.

SECTION 5. BUSINESS OPERATIONS The following subsections contain the minimum requirements for Central Office Telecommunication Services Business Operations: A. General Description of the SUNCOM Business Model, including Centrex Services

DMS will be considered the Customer of record for all services and the Contractor will bill DMS for all services and/or, at DMS’ discretion, directly invoice SUNCOM users in accordance with subsection Q, Direct Billing, and bill at the DMS rates for the said service and remit the difference to DMS on a monthly basis. In accordance with subsection 282.703(2), Florida Statutes, DMS has developed a system of equitable billings and charges for SUNCOM services, including Centrex. The Communications Service Authorization and Billing (CSAB) system is the ordering, billing, incident management, and inventory system referred to in Chapter 60FF-2, Florida Administrative Code, that the Contractor will be required to utilize.


When Customers log-in to CSAB, they can perform the following functions: 1. Establish and maintain Customer accounts. 2. Manage billing accounts. 3. View a comprehensive list of available services. 4. Place orders. 5. View their complete inventory of services and invoices with associated and detailed

charges.

The Contractor will bill DMS monthly for services rendered to all Customers and provide DMS with substantiating details in electronic files (for example comma delimited). The Contractor will include in the substantiating detail charges with unique identifiers for each transaction (for metered services) and service account.

B. SUNCOM Communications Service Authorization and Billing Transaction Flowchart

THIS SPACE INTENTIONALLY LEFT BLANK


The Contractor will use seven (7) Business-to-Business (B2B) transactions between DMS and Contractor, as depicted below:

Establish catalog restrictions

Establish SUNCOM client

Establish users & rights

Establish CSAB billing accounts

Place an order through CSAB

Send B2B order from CSAB to install or disconnect service

Describe product/service offering

Update CSAB product/service catalog

Review product/service/feature in CSAB

DivTel Vendor

Seek product/service/feature posting to CSAB catalog

SUNCOM Steady State Business Process

Install or disconnect service

Return B2B installation/disconnct acknowledgement

Update CSAB inventory Update vendor inventory

SUNCOM Client action required

Submit hand bill including all charges

Submit B2B invoicing detail substantiating the hand bill

CSAB & staff audit substantiating detail against inventory, product catalog & hand bill

CSAB invoices SUNCOM clients

DivTel pays vendor less applicable exceptions

Provide billing exception report

Accept payment

Reconcile exceptionsReconcile exceptions

Invoicing

SUNCOM Client notified

Invo

icin

gO

rder

sS

ervi

ce

Cat

alog

Service C

atalog

Account Management

B2B means a Business to Business electronic messages, batch fi les and/or Application Program Interfaces (APIs) exchanging all of the electronic data necessary to the transaction. At DMS discretion, CSAB will provide alternative manual input options to the vendor for low volume transactions, but will not manually input any data on behalf of the vendor.

Orders

B2B-7

B2B-6

B2B-4

B2B-3

B2B-1

Inventory reconciliationInventory reconciliation B2B-5Inventory Inventory

SUNCOM clients pay DivTel

Approve product/service/feature & set price in CSAB Update vendor’s catalog to show active SUNCOM serviceB2B-2

Propose draft order for SUNCOM client

Service use require device or login to vendor system?

no

yes

Provide login credentials or device to client


C. Communications Service Authorization and Billing – Official Record

Communications Service Authorization and Billing (CSAB) is the authoritative source of all data. CSAB is the official record of the inventory and costs of SUNCOM services. If inaccuracies are found in the CSAB data, it will be considered accurate unless substantially proven otherwise, at DMS’ sole determination. The Contractor shall not propose as part of their response or instruct Customers to place orders or receive billing information from any system that is not CSAB. Contractors shall not enable or ask DMS or Customers to input ordering and / or invoicing data into CSAB on behalf of Contractor.

D. Communications Service Authorization and Billing - Interfaces with Contractors

There are three (3) primary ways to implement transactions between CSAB and the Contractor. The method of implementation used by the Contractor will be at DMS’ sole discretion, which Contractor is required to use. i. Application Programming Interfaces

The Contractors will utilize Application Programming Interfaces (APIs) with CSAB, that will have the following functions:

1. The Contractor’s API enables data transfer between CSAB and the Contractor’s

system. 2. When data is sent from CSAB, the Contractor’s API will send back an

acknowledgement to CSAB. 3. The Contractor’s API will perform functions automatically at near real-time. 4. The Contractor shall develop and maintain functional crosswalks between the

Contractor’s system and CSAB, which maps the data elements in CSAB to equivalent data elements in the Contractor’s system. The Contractor will also support DMS’ efforts to create functional crosswalks.

5. It is the Contractor responsibility to ensure data has been received by CSAB, including resending data that has not been acknowledged by CSAB.

6. The Contractor shall provide a testing environment for quality assurance, accessible by DMS.

ii. Batch Routines

A second way to implement transactions with CSAB is through batch routines which are periodic exchanges of data files containing a large number of records. An example of a batch routine is monthly delivery of invoicing substantiation files (B2B-6), due to the large volume of data.

iii. Manual Review and Data Entry by Contractor Staff

The third method to implement transactions within CSAB is by manual review and data entry. Contractor can use CSAB screens to view a submitted order from a Customer and mark that order as fulfilled rather than use B2B-3 and B2B-4 transactions.


The Contractor shall only use manual review and data entry as a method of last resort, and only with prior written approval by DMS Contract Manager. Contractors shall not use manual review and data entry for invoicing substantiation (B2B-6).

E. Communications Service Authorization and Billing Service Catalog

SUNCOM services must be approved by DMS and entered into the CSAB Service Catalog prior to making them available for use or purchase by any Customer. DMS will have sole discretion over the CSAB Service Catalog and any updates. There are currently two (2) different types of charges Contractors use for the billing of Centrex services: 1. Non-recurring charge: a single payment for a service or item, e.g. hardware installation. 2. Monthly recurring charge: monthly fixed and recurring charge for the right to use

something without regard to how much it is used (such as local phone service).

See Chapter 60FF-2, Florida Administrative Code, for the Contractor’s responsibilities related to CSAB.

F. Taxes and Government Sanctioned Fees in the Communications Service Authorization and

Billing Service Catalog The Department and SUNCOM Customers do not pay State of Florida and Federal taxes. Taxes are defined here to include payments that the Contractor is required to collect by law and pay to public entities. Taxes do not include government-sanctioned surcharges and fees collected by the Contractor which are not remitted to the government. Surcharges and fees approved by DMS as part of the PO are bundled in the rates. After PO execution, any new or modified government-sanctioned surcharge or fee must be provided to DMS for review. The Contractor must provide a complete explanation describing the basis for the new or modified surcharge or fee and an affirmation that SUNCOM Customers are not exempt from payment. This explanation must be sufficient for DMS to determine whether the surcharge or fee is Contractor-specific. If these are approved by DMS, a PO amendment will be prepared to include the new or modified government-sanctioned surcharge or fee. Any such amendment must be fully executed before the Contractor submits a request to update the CSAB Service Catalog. The standard process whereby the Contractor submits a request for inclusion of services in the catalog and DMS approves them must be implemented for a new or modified surcharge or fee with the additional requirements: 1. The catalog item must be tagged as a government-sanctioned surcharge or fee. 2. The description field provided by the Contractor must clearly identify the surcharge or fee. 3. The Contractor must provide information sufficient for DMS to develop formulas that

replicate the charges through calculations against invoicing substantiation data. The DMS product manager will approve the Contractor request if the update to the catalog is in accord with the amendment.

4. The surcharge or fee must be billed at the inventory ID level, and not billed as a lump sum.


G. Communications Service Authorization and Billing Account and User Management i. Contractor User Communications Service Authorization and Billing Access Privileges

Contractor User CSAB access privileges must be approved and monitored by a Contractor-assigned CSAB Administrator. User access privileges allow the following functions:

1. Manually receive and close out orders to the Contractor. 2. Review past orders submitted to the Contractor. 3. Review a robust set of inventory data for services provided by the Contractor. 4. Other access as allowed by DMS.

DMS reserves the right to terminate the CSAB user access privileges of any Contractor staff without cause or notice.

ii. Work Orders

Customer work orders are sent to Contractors as B2B-3 transactions. Contractor can log-on to CSAB as prompted by a CSAB email to see submitted orders. Contractor is required to respond to the Customer with distinct B2B-4 fulfillment data for each item, or service, in a work order. Multiple item orders with only a single order number are not fulfilled until every item is delivered. Some key data elements in addition to the CSAB-assigned Inventory ID are:

1. Order ID – identifies a request for one (1) or more items. This ID is associated with

everything in a “shopping cart” when a Customer “checks-out”. 2. Work Order ID – is associated with each item request within an Order that can be

fulfilled separately from the rest of the order, and requests action for one (1) Service Installation ID.

3. Installed Option ID – identifies the service, feature or hardware from the CSAB Service Catalog that was requested in the work order.

4. Service Installation ID – identifies the service account resulting from order fulfillment. It is the unique inventory entry in CSAB and is equivalent to, but not the same as, distinct IDs used by Contractor to track status, usage and charges (e.g. circuit ID, phone number, hardware serial number, etc.).

Contractor is required to provide all of the required fulfillment data in CSAB. DMS cannot invoice its Customers without associating key fields from orders to Customer invoicing accounts in CSAB, and therefore, will not pay for any services where such key fields data is missing or incorrect. Installation and disconnect dates are also critical to the inventory, as these dates are used during audits to verify that a service was active, or should not have been, during an invoicing period. The effective bill date cannot be more than forty-five (45) days from the date the order is closed.

iii. Credential Request Orders

Some of the orders submitted to the Contractor will require granting Customer password/PIN protected access to Contractor services. These are services that require


Customers to log-in (or be electronically certified) to Contractor’s systems before using a service. These services may be metered. Like all other services, the right to access credentialed services will be ordered with B2B-3 transactions from CSAB providing the Contractor with necessary data to enable that access. Contractor is expected to respond by confirming to CSAB that the Customer has been provided access the credentialed services. However, CSAB will not hold user passwords and PINs for access to Contractor’s systems; the Contractor is expected to provide the passwords and PINs to users directly using email addresses provided in the CSAB order. PIN and password changes will be handled outside of CSAB, as well.

SUNCOM Conferencing services are examples of credential request orders. Users of the service must login to a Contractor’s system to reserve or initiate a conference. Thus, the Contractor issues login credentials to those users that were obtained after an order for them (B2B-3) was placed in CSAB. The order is fulfilled by the Contractor supplying a user ID and Personal Identification Number via email to the user, then confirming fulfillment to CSAB with a B2B-4 transaction. These transactions enable CSAB to have a complete inventory of all of the users of the service, which is periodically confirmed through B2B-5 transactions with the Contractor. The Contractor’s system tracks usage that is attributable to each user, which is compiled in a B2B-6 monthly batch file of invoicing substantiation. In all cases, the total cost of the proposed order must be defined and approved prior to submittal.

H. Inventory

Every order and many other actions related to SUNCOM services are permanently logged into CSAB. This inventory is a basis for DMS audits of Contractor charges, i.e. if a billed service is not in the inventory or the inventory shows it was not active during the invoicing period, DMS will dispute the charge. The CSAB inventory is also a useful tool for DMS, Customers, and Contractor to see what has been ordered, its status, where its located, its cost, any associated comments, etc.

CSAB inventory is structured around key data elements. Inventory records are not valid without these key fields. CSAB by default has primacy when there are discrepancies between the inventories of the Contractor and CSAB.

Contractor is required to maintain a corresponding inventory as a basis for invoicing DMS. Periodic reconciliation may be implemented between CSAB and the Contractor’s inventory through B2B-5 transactions, at DMS’ sole discretion. This will avoid waiting until the Contractor invoices DMS to discover these inconsistencies, and having to resolve them through billing disputes. DMS will provide for an exchange of inventory data throughout the month using transaction B2B-4. There is no manual substitute for this process.

I. Invoicing Requirements

Contractor will invoice DMS monthly for all SUNCOM Services, including Centrex, and fulfilled orders based on a calendar month with invoices and electronic details submitted to DMS within ten (10) calendar days of each month for services in arrears. Invoices will consist of: 1)


invoices for payment on unchangeable format (e.g. paper) (aka a “hand bill”) which reflects the total charges for the month; and 2) electronic detail files that substantiates all billable services. The total of substantiated detail charges must match the payment requests on each of the handbills. The invoice will include detailed service credits uniquely identified by the applicable SLA. These credits will be audited by DMS through review of SLA reporting and invoice auditing. Since credits are applied retroactively, the Contractor is required to indicate on the invoice the actual month in which the service level violation occurred. The invoice must be submitted to the Department with detail sufficient for a proper pre-audit and post-audit. The Department will review invoices for payment submitted by the Contractor in accordance with the provisions of section 215.422, Florida Statutes, which shall govern the rights and obligations of the Department and the Contractor.

J. Electronic Substantiating Detail File

The invoice substantiation file consists of electronic detail listing all billable services and activities with all unique IDs necessary to be auditable bases for all charges. The detail file must include all charge data on one-time purchases, active subscription periods, and incremental activities. All charges must be attributable to distinct identifiers from the services as negotiated in the CSAB Service Catalog, and each discrete charge must be distinguished by a service identifier. Metered charges must also include date/time stamps for each billing event, and the dates of the billing cycle (start and end). The file must be provided to DMS using a mutually agreed upon secured delivery method and mutually agreed upon format.

K. Audit of Contractor Invoices

DMS will audit the invoice to match all charges against the current inventory of provided services and the prices associated with the CSAB Service Catalog. If the electronic substantiating detail provided by the Contractor contains some errors but is: a) complete (i.e. contains all of the required data elements); b) substantially corresponds with the CSAB inventory and CSAB Service Catalog; and c) matches the hand bill, then DMS will send an audit exception report (B2B-7) to the Contractor detailing any disputed charges. At this time this is a manual process. At any time during the Purchase Order term this may become an electronic process, at DMS’ sole discretion. DMS staff will request credits/debits for any audit exceptions on the current invoice and work with Contractor staff to reconcile charges and system data to resolve the exceptions within one (1) billing cycle. If Contractor has not resolved audit exceptions within one (1) billing cycle, the charges will be finalized as determined by DMS.

L. Mandatory Interface with Communications Service Authorization and Billing

All work orders will be submitted to the Contractor via the CSAB or similar system as deployed by DMS. Only changes approved via a NOC ticket and not impacting invoicing charges may be an exception to the foregoing.

M. Mandatory Communications Service Authorization and Billing Order

No Centrex service will be provisioned unless the Contractor has a properly authorized work order submitted by DMS through the CSAB.


N. Specific Service Requests

DMS will work with Contractors and Customers to establish service request quotes when Customer requests require specific service configurations, combinations, security, or quantities. In such situations, DMS will, as needed, receive service availability and pricing quotes to fulfill the specific Customer service needs. The format of each service request quote will be left to the discretion of DMS. In all cases, the total cost of the proposed service must be well defined and the prices will not exceed those in the CSAB Service Catalog, with reasonable adjustments as necessary to accommodate the specific agency service needs. The service request quote must be accepted by DMS in writing before any implementation. The quote must contain all data needed for DMS to review and approve the service, including but not limited to, all support implementation requirements target installation dates, locations, configuration data, effective date, and documents containing diagrams as necessary. The quotes will contain sufficient detail necessary for audit processes.

O. General Billing Requirements

Contractor will maintain a detailed database that uniquely identifies each pricing component. The CSAB Service Catalog contains unit prices, and all qualifiers that are applied to unit prices in order to create an unambiguous database of SUNCOM services, including Centrex, billable line items. A tariff code shall have only one-unit amount.

P. Criteria for Installation and Billing Start

The following criteria must be met before an installation is considered complete. 1. Contractor completes all requirements detailed in the work order. 2. Services requested by the work order have been provisioned by the Contractor. 3. The work order has been closed by the Contractor in CSAB by entering a completion date

and effective bill date. 4. The effective bill date on the Contractor’s invoice must be after the completion date

entered into CSAB. If the Contractor’s invoice reflects billing prior to the date entered into CSAB, the charges will be deducted.

5. All dates in CSAB must be entered by the Contractor in real-time. CSAB does not permit a date entry to be backdated. Orders must be closed out no later than ten (10) calendar days after completion.

Q. Direct Billing

Under Chapter 60FF-2, Florida Administrative Code, all SUNCOM services will be billed through DMS. Contractor, however, is required to offer the ability to provide direct billing to Customers if requested by the Customer and approved by DMS. If approved by DMS, direct billing shall be provided in accordance with Chapter 60FF-2, Florida Administrative Code, and must be provided at no additional cost. 1. An administration fee for DMS overhead will be factored into the billing amount directly

billed to Customers. 2. Customers will review their direct bill invoices; however, DMS retains audit authority for all

services provided.


3. The monthly bill for Customers who request direct billing must provide the following information: service order numbers, account numbers, bill number and/or invoice number, information to substantiate the charges, CSAB inventory ID, bill date, due date, bill remittance address and a summary record, which includes payments applied since the last monthly bill, adjustments, sub-total of current charges, and net amount due.

4. A summary record must be provided and identified by phone number, CSAB Inventory ID, and/or circuit number as identified by the Customer.

5. Contractor will collect the administration fee through their monthly invoiced payments from Customers, and remit the fee to DMS. This is submitted by check monthly to and made payable to DMS. Supporting documentation needs to be provided as a hardcopy with the check in the same envelope, and also by email to the DMS Purchase Order Manager.

6. Contractor will electronically supply DMS with complete and accurate detail substantiating all of the charges to Customers in accordance with Chapter 60FF-2, F.A.C

7. Contractor will confirm with DMS any SLA credits due to a SUNCOM Customer prior to invoicing the Customer following DMS confirmation of the credits due.

SECTION 6. SPECIAL CONDITIONS 6.1 Purchase Order (CSA)

A Customer may use Communication Service Authorizations, (CSAs), to buy commodities or services pursuant to the Purchase Order. The Department may also execute CSAs on behalf of Customers. The Contractor must provide commodities or services pursuant to the Purchase Order or CSAs. The Purchase Order or CSA period of performance survives the expiration of the Purchase Order. All terms and conditions of the Purchase Order will be incorporated into the CSAs and will survive the termination of the Purchase Order. The duration of CSAs must not exceed the expiration of the Purchase Order by more than twelve (12) months.

6.2 End of Purchase Order Transition Services

The parties recognize there will be a need for Contractor to supply certain transition services set forth herein prior to expiration or termination of the Purchase Order for Centrex services (“Services”) and replacement of the Services with services under one (1) or more replacement contracts (the “Replacement Contract”). The full transition of existing Services to the Replacement Contract is hereby explicitly made a condition of the Purchase Order and shall be provided at no additional cost to the to the Department or Customers. Upon request by DMS, the Contractor will be required to submit a transition plan to DMS. These Services must be met before the Purchase Order is considered complete. 6.2.1 Number of Centrex lines and Primary Rate Interfaces (PRIs): Contractor

understands that during the transition period, DMS is not obligated to maintain Centrex Purchase Order services for any minimum number of lines or circuits, since by transitioning the Centrex base will be diminishing progressively until the services are migrated. Contractor, however, will still be required to continue providing Centrex services for any minimum number of lines or circuits not yet transitioned to the Replacement Contract.

6.2.2 Transition Payment Strategy per Line or Connection: Any extensions which are required for completion of the Purchase Order shall be at the current Purchase Order rates and pricing model. These rates shall also apply to new service orders. The Contractor agrees DMS shall continue to pay the Contractor only for each site served under the Purchase Order. During the transition phase, payments to the Contractor


under the Purchase Order will diminish as sites migrate to the Replacement Contract.

6.2.3 New Service Orders during Transition Period: As part of the transition phase, new service orders shall be accepted by the Contractor under the Purchase Order to provide uninterrupted services for Centrex customers until the Replacement Contract has been fully executed and the Replacement Contractor is ready to accept orders.

6.2.4 Transition Assistance: As part of the transition assistance, the Contractor shall work with DMS and any other DMS Contractor, including the Replacement Contract vendor(s), to enable a smooth transition of Services, including: • Providing sufficient efforts and cooperation to ensure an orderly and efficient

transition of Services to the Replacement Contract. • Taking all necessary steps, measures, and controls to ensure minimal disruption

of services during transition. • Promptly delivering to DMS, upon request, whether or not previously made

available, all up-to-date guides, manuals and training materials (for example, operational, user, and administrative) plus other guides and procedures the Contractor follows. All documentation created for the purpose of supporting, operating, maintaining, upgrading, and enhancing services including, but not limited to, design documents, and device configurations for services, shall be promptly delivered to DMS upon request, whether or not previously made available

• Providing support in porting all phone numbers to a new service provider. The Contractor shall work with DMS to manage and reassign Customer numbers to the new carrier.

• Assisting DMS and any other DMS Contractor with the planning and installation of any services to facilitate business continuity.

• Answering questions related to the transition and migration of the Services on an as-needed basis.

• Transferring all applicable knowledge including, but not limited to, the disclosure of the equipment, software, and third-party contract services

• Providing all data related to the delivery of Services, requested by DMS, that is not a tangible or intangible licensed product that existed before Purchase Order work began (Contractor shall bear the burden of proving existence before Purchase Order work began), including, but not limited to, databases and other repositories of information (for example, operational, user, and administrative).

• To the extent reasonable, providing such other services, functions, or responsibilities inherent or necessary to the transition of existing Services to the Replacement Contract.

• Providing the services and functions necessary for a complete, smooth, and expedient transition

6.3 Background Screening and Security

All Contractor employees, Subcontractors and agents performing work under the Purchase Order must comply with all security and other requirements of the Department or the Customer.


6.3.1 Background Screening

In addition to any background screening required by the Contractor as a condition of employment, the Contractor warrants that it will conduct a criminal background screening of, or ensure that such a screening is conducted for, each of its employees, subcontractor personnel, independent contractors, leased employees, volunteers, licensees or other person, hereinafter referred to as “Person” or “Persons,” operating under its direction with Access to State of Florida Data or who enter either the premises or facilities where State of Florida Data is stored or accessible. Contractor is not required to conduct the aforementioned background screening of a Person if that Person does not have Access to State of Florida Data and if that Person, whenever on Customer premises or facilities, is escorted by Customer authorized personnel. The Contractor warrants that all Persons will have passed the Background Screening described herein before they have Access to State of Florida Data or begin performing services under the Purchase Order. The look-back period for such background screenings shall be for a minimum of six (6) years where six (6) years of historical information is available. The minimum background check process will include a check of the following databases through a law enforcement agency or a Professional Background Screener accredited by the National Association of Professional Background Screeners or a comparable standard: •Social Security Number Trace; and •Criminal Records (Federal, State and County criminal felony and misdemeanor, national criminal database for all states which make such information available).

The Contractor agrees that each Person will be screened as a prior condition for performing services or having Access to State of Florida Data. The Contractor is responsible for any and all costs and expenses in obtaining and maintaining the criminal background screening information for each Person described above. The Contractor will maintain documentation of the screening in the Person’s employment file. The Contractor will abide by all applicable laws, rules, and regulations including, but not limited to the Fair Credit Reporting Act and/or any equal opportunity laws, rules, regulations, or ordinances.

6.3.2 Disqualifying Offenses

If at any time it is determined that a Person has a criminal misdemeanor or felony record regardless of adjudication (e.g., adjudication withheld, a plea of guilty or nolo contendere, or a guilty verdict) within the last six (6) years from the date of the court’s determination for the crimes listed below, or their equivalent in any jurisdiction, the Contractor is required to immediately remove that Person from any position with Access to State of Florida Data or directly performing services under the Purchase Order. The disqualifying offenses are as follows: (a) Computer related crimes (b) Information technology crimes; (c) Fraudulent practices; (d) False pretenses; (e) Frauds; (f) Credit card crimes;


(g) Forgery; (h) Counterfeiting; (i) Violations involving checks or drafts; (j) Misuse of medical or personnel records; and (k) Felony theft.

If the Contractor finds a Disqualifying Offense for a Person within the last six (6) years from the date of the court’s disposition, it may obtain information regarding the incident and determine whether that Person should continue providing services under the Purchase Order or have Access to State of Florida Data. The Contractor will consider the following factors only in making the determination: i.) nature and gravity of the offense, ii.) the amount of time that lapsed since the offense, iii.) the rehabilitation efforts of the Person and iv.) relevancy of the offense to the job duties of the Person. If the Contractor determines that the Person should be allowed Access to State of Florida Data, then Contractor shall maintain all criminal background screening information and the rationale for such Access in the Person’s employment file. The Contractor will promptly notify the Department of any determinations made pursuant to this subsection. The Department reserves the right to require removal of any Persons from performing work on the Purchase Order for any reason.

6.3.3 Refresh Screening

The Contractor will ensure that all background screening will be refreshed every five (5) years from the time initially performed for each Person during the Term of the Purchase Order.

6.3.4 Annual Certification.

The Contractor is required to submit an annual certification demonstrating compliance with these background screening requirements to the Department by December 31st of each Purchase Order year.

6.3.5 Self-Disclosure

The Contractor shall ensure that all Persons have a responsibility to self-report within three calendar days to the Contractor any updated court disposition regarding any disqualifying offense, regardless of adjudication (adjudication withheld, a plea of guilty or nolo contendere, or a guilty verdict). The Contractor shall immediately reassess whether to disallow that Person Access to any State of Florida premises or from directly performing services under the Purchase Order. Additionally, the Contractor shall require that the Person complete an annual certification that they have not received any additional criminal misdemeanor or felony record regardless of adjudication (adjudication withheld, a plea of guilty or nolo contendere, or a guilty verdict) for the Disqualifying Offenses and shall maintain that certification in the employment file. In addition, the Contractor shall ensure that all Persons have a responsibility to self-report to the Contractor within three calendar days, any arrest for any Disqualifying Offense. The Contractor shall notify the Department’s Purchase Order Manager within 24 hours of all details concerning any reported arrest.


6.3.6 Department’s Ability to Audit Screening Compliance and Inspect Locations The Department reserves the right to audit the Contractor’s background screening process upon two (2) days prior written notice to the Contractor during the Term of the Purchase Order. Department will have the right to inspect the Contractor’s working area, computer systems, and/or location upon two (2) business days prior written notice to the Contractor to ensure that Access to State of Florida Data is secure and in compliance with the Purchase Order and all applicable state and federal rules and regulations.

6.3.7 Data Access

The Contractor shall retain a list of all Persons with Access to State of Florida Data, including a statement confirming that each Person has passed the Background Screening required herein. Such a statement shall not include the substance of the screening results, only that the Person has passed the screening. The Contractor shall create a written policy for the protection of State of Florida Data, including a policy and procedure for Access to State of Florida Data. The Contractor shall retain the written policy and information required in this subsection for the duration of the Purchase Order and a period of no less than five (5) years from the date of termination of the Purchase Order and any Purchase Order extensions. The written policy and information required in this subsection shall be included in the Department’s audit and screening abilities. The written policy and information required in this subsection shall also be subject to immediate disclosure upon written or oral demand at any time by the Department or its designated agents or auditors. Access as referenced in this Section shall mean review, inspect, approach, instruct, communicate with, store data in, retrieve data from, or otherwise make use of any data, regardless of type, form, or nature of storage. Access to a computer system or network includes local and remote access. The Contractor shall document and record, with respect to each instance of Access to State of Florida Data:

1. The identity of all individual(s) who Accessed State of Florida Data in any way,

whether those individuals are authorized Persons or not; 2. The duration of the individual(s)’ Access to State of Florida Data, including the

time and date at which the Access began and ended; 3. The identity, form, and extent of State of Florida Data Accessed, including, but

not limited to, whether the individual Accessed partial or redacted versions of State of Florida Data, read-only versions of State of Florida Data, or editable versions of State of Florida Data; and

4. The nature of the Access to State of Florida Data, including whether State of Florida Data was edited or shared with any other individual or entity during the duration of the Access, and, if so, the identity of the individual or entity.

Notwithstanding any provision of the Purchase Order to the contrary, the Contractor shall notify the Department as soon as possible and in all events within one (1) business day in the event it discovers any unauthorized Access of State of Florida State of Florida Data occurs, any unauthorized transmission of State of Florida Data, or any credible allegation or suspicion of a material violation of the above. This notification is required whether the event affects one employee/retiree or the entire population. The notification shall be clear and conspicuous and include a description of the following:

1. The incident in general terms.


2. The type of personal information that was subject to the unauthorized Access and acquisition.

3. The number of individuals who were, or potentially have been affected by the breach.

4. The actions taken by the Contractor to protect the State of Florida Data information from further unauthorized Access. However, the description of those actions in the written notice may be general so as not to further increase the risk or severity of the breach.

Upon becoming aware of an unauthorized access to State of Florida Data, the Contractor’s Account Manager shall set up a conference call with the Department’s Purchase Order Manager. The conference call invitation shall contain a brief description of the nature of the event. When possible, a thirty (30) minute notice shall be given to allow Department personnel to be available for the call. If the designated time is not practical for the Department, an alternate time for the call shall be scheduled. All available information shall be shared on the call. The Contractor shall answer all questions based on the information known at that time and shall answer additional questions as additional information becomes known. The Contractor shall provide the Department with final documentation of the incident including all actions that took place. If the Contractor becomes aware of an unauthorized access to State of Florida Data outside of normal business hours, the Contractor shall notify the Department’s Purchase Order Manager and in all events, within one (1) business day.

Failure to compile, retain, and disclose the written policy and information as required in this subsection shall be considered a breach of the Purchase Order. The resulting damages to the Department and Customers from a breach of this subsection are by their nature impossible to ascertain presently and will be difficult to ascertain in the future. The issues involved in determining such damages will be numerous, complex, and unreasonably burdensome to prove. The parties acknowledge that these financial consequences are liquidated damages, exclusive of any other right to damages, not intended to be a penalty and solely intended to compensate for unknown and unascertainable damages. The Contractor therefore agrees to credit the Department the sum of $10,000 for each breach of this subsection.

6.4 Indemnification

The Contractor agrees to defend, indemnify, and hold harmless the Department, the State of Florida, its officers, directors and employees for any claims, suits or proceedings related to a breach of this section. The Contractor will include credit monitoring services at its own cost for those individuals affected or potentially affected by a breach of this section for a two (2) year period of time following the breach.

6.5 Scrutinized Companies—Termination by the Department

The Department may, at its option, terminate the Purchase Order if the Contractor is found to have submitted a false certification as provided under section 287.135(5), F.S., or been placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or been engaged in business operations in Cuba or Syria, or to have been placed on the Scrutinized Companies that Boycott Israel List or is engaged in a boycott of Israel.


6.6 Cooperation with Inspector General and Records Retention Pursuant to subsection 20.055(5), F.S., Contractor, and any subcontractor to the Contractor, understand and will comply with their duty to cooperate with the Inspector General in any investigation, audit, inspection, review, or hearing. Upon request of the Inspector General or any other authorized State official, the Contractor must provide any type of information the Inspector General deems relevant to the Contractor's integrity or responsibility. Such information may include, but will not be limited to, the Contractor's business or financial records, documents, or files of any type or form that refer to or relate to the Purchase Order. The Contractor will retain such records for five (5) years after the expiration of the Purchase Order, or the period required by the General Records Schedules maintained by the Florida Department of State (available at: http://dos.myflorida.com/library-archives/records-management/general-records-schedules/), whichever is longer. The Contractor agrees to reimburse the State of Florida for the reasonable costs of investigation incurred by the Inspector General or other authorized State of Florida official for investigations of the Contractor's compliance with the terms of this or any other agreement between the Contractor and the State of Florida which results in the suspension or debarment of the Contractor. Such costs will include, but will not be limited to: salaries of investigators, including overtime; travel and lodging expenses; and expert witness and documentary fees.

6.7 Public Records, Trade Secrets, Document Management and Intellectual Property

6.7.1 Public Records Solely for the purpose of this section, the Purchase Order Manager is the agency custodian of public records. If, under this Purchase Order, the Contractor is providing services and is acting on behalf of the public agency, as provided in section 119.0701, Florida Statutes, the Contractor shall: (a) Keep and maintain public records required by the public agency to perform the

service. (b) Upon request from the public agency’s custodian of public records, provide the

public agency with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119, F.S., or as otherwise provided by law.

(c) Ensure that public records that are exempt or confidential and exempt from public records disclosure are not disclosed except as authorized by law for the duration of the Purchase Order term and following the completion of the Purchase Order if the Contractor does not transfer the records to the public agency.

(d) Upon completion of the Purchase Order, transfer, at no cost, to the public agency all public records in possession of the Contractor or keep and maintain public records required by the public agency to perform the service. If the Contractor transfers all public records to the public agency upon completion of the Purchase Order, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the Purchase Order, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the public agency, upon request from the public agency’s custodian of public records, in a format that is compatible with the information technology systems of the public agency.

http://dos.myflorida.com/library-archives/records-management/general-records-schedules/



(e) IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR’S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT THE TELEPHONE NUMBER, EMAIL ADDRESS AND MAILING ADDRESS PROVIDED FOR THE CONTRACT MANAGER.

6.7.2 Protection of Trade Secrets or Confidential Information

If the Contractor considers any portion of materials made or received in the course of performing the Purchase Order (“contract-related materials”) to be trade secret under section 688.002 or 812.081, F.S., or otherwise confidential under Florida or federal law, the Contractor must clearly designate that portion of the materials as trade secret or otherwise confidential when submitted to the Department. The Contractor will be responsible for responding to and resolving all claims for access to Purchase Order-related materials it has designated trade secret or otherwise confidential. If the Department is served with a request for discovery of Purchase Order-related materials designated by the Contractor as trade secret or otherwise confidential, the Contractor will be responsible for filing the appropriate motion or objection in response to the request for discovery. The Department will provide materials designated trade secret or otherwise confidential if the Contractor fails to take appropriate and timely action to protect the materials designated as trade secret or otherwise confidential. The Contractor will protect, defend, indemnify, and hold harmless the Department for claims, costs, fines, and attorney’s fees arising from or relating to its designation of Purchase Order-related materials as trade secret or otherwise confidential.

6.7.3 Document Management

The Contractor must retain sufficient documentation to substantiate claims for payment under the Purchase Order and all other records, electronic files, papers and documents that were made in relation to the Purchase Order. Contractor must retain all documents related to the Purchase Order for five (5) years after expiration of the Purchase Order, or, if longer, the period required by the General Records Schedules maintained by the Florida Department of State available at: http://dos.myflorida.com/library-archives/records-management/general-records-schedules/.

6.7.4 Intellectual Property

Unless specifically addressed in the Purchase Order, intellectual property rights to all property created or otherwise developed by the Contractor for the Department or the Customer will be owned by the State of Florida at the completion of the Purchase Order. Any inventions or discoveries developed in the course of or as a result of services performed under the Purchase Order which are patentable pursuant to 35 U.S.C. § 101 are the sole property of the State of Florida. Contractor must inform the Customer of any inventions or discoveries developed or made in connection with the Purchase Order and will be referred to the Florida Department of State for a determination on whether patent protection will be sought for the invention or discovery. The State of Florida will be the sole owner of any and all patents resulting




from any invention or discovery made in connection with the Purchase Order. Contractor must notify the Department or State of Florida of any publications, artwork, or other copyrightable works developed in connection with the Purchase Order. All copyrights created or developed in connection with the Purchase Order are the sole property of the State of Florida.

6.8 DATA SECURITY

6.8.1 Duty to Provide Secure Data

The Contractor will maintain the security of State of Florida confidential data, exempt data, or personal health data (hereinafter “State of Florida Data”) including, but not limited to, a secure area around any display of such State of Florida Data or State of Florida Data that is otherwise visible. The Contractor will also comply with all HIPAA requirements and any other state and federal rules and regulations regarding security of information.

6.8.2 Warranty of Security

Unless otherwise agreed in writing, the Contractor and its subcontractors will not perform any of the services from outside of the United States, and the Contractor will not allow any State of Florida Data to be sent by any medium, transmitted, or accessed outside of the United States. For purposes of this subsection, “State of Florida Data” does not include media transmissions required to complete telephone or video calls for purposes of conducting business. The Contractor agrees that a violation of items listed above will result in immediate and irreparable harm to the Customer and will entitle the Customer to a credit as provided in the Purchase Order documents. This credit is intended only to cover the Customer’s internal staffing and administrative costs as well as the diminished value of services provided under the Purchase Order and will not preclude the Customer from recovering other damages it may suffer as a result of such violation. For purposes of determining the damages due hereunder, a group of violations relating to a common set of operative facts (e.g., same location, same time period, same off-shore entity) will be treated as a single event. A violation of this provision will also entitle the Customer to recover any damages arising from a breach of this section and constitutes an event of default. The Contractor agrees that a violation of items listed above will result in immediate and irreparable harm to the Department and will entitle the Department to a credit of $50,000 per violation, with a total cap of $500,000 per event. This credit is intended only to cover the Department’s internal staffing and administrative costs as well as the diminished value of Services provided under the Purchase Order and will not preclude the Department from recovering other damages it may suffer as a result of such violation. For purposes of determining the damages due hereunder, a group of violations relating to a common set of operative facts (e.g., same location, same time period, same off-shore entity) will be treated as a single event. A violation of this provision will also entitle the Department to recover damages, if any, arising from a breach of this section and constitutes an event of default. The Contractor must notify the Department and the Customer as soon as possible, in accordance with the requirements of section 501.171, F.S., if applicable, and in all events within one (1) business day in the event Contractor discovers any State of


Florida Data is breached, any unauthorized Access of State of Florida Data occurs (even by persons or companies with authorized Access for other purposes), any unauthorized transmission of State of Florida Data occurs, or of any credible allegation or suspicion of a material violation of the above. This notification is required regardless of the number of persons or type of State of Florida Data affected. The notification must be clear and conspicuous and include a description of the following: (a) The incident in general terms. (b) The type of information that was subject to the unauthorized Access and

acquisition. (c) The type and number of entities who were, or potentially have been affected

by the breach. (d) The actions taken by the Contractor to protect the State of Florida Data from

further unauthorized Access. However, the description of those actions in the written notice may be general so as not to further increase the risk or severity of the breach.

Upon becoming aware of an alleged security breach or security incident, the Contractor’s Account Manager shall set up a conference call with the Department’s Purchase Order Manager. The conference call invitation shall contain a brief description of the nature of the event. When possible, a thirty (30) minute notice shall be given to allow Department personnel to be available for the call. If the designated time is not practical for the Department, an alternate time for the call shall be scheduled. All available information shall be shared on the call. The Contractor shall answer all questions based on the information known at that time and shall answer additional questions as additional information becomes known. The Contractor shall provide the Department with final documentation of the incident including all actions that took place. If the Contractor becomes aware of a security breach or security incident outside of normal business hours, the Contractor shall notify the Department’s Purchase Order Manager and in all events, within one (1) business day. Access as referenced in this subsection shall mean review, inspect, approach, instruct, communicate with, store data in, retrieve data from, or otherwise make use of any data, regardless of type, form, or nature of storage. Access to a computer system or network includes local and remote access.

6.8.3 Remedial Measures

Upon becoming aware of an alleged security breach, Contractor’s Purchase Order Manager must set up a conference call with the Department’s Purchase Order Manager. The conference call invitation must contain a brief description of the nature of the event. When possible, a thirty (30) minute notice will be given to allow Department personnel to be available for the call. If the designated time is not practical for the Department, an alternate time for the call will be scheduled. All available information must be shared on the call. The Contractor must answer all questions based on the information known at that time and answer additional questions as additional information becomes known. The Contractor must provide the Department with final documentation of the incident including all actions that took place. If the Contractor becomes aware of a security breach or security incident outside of normal business hours, the Contractor must notify the Department’s Purchase Order Manager and in all events, within one (1) business day.


6.8.4 Indemnification (Breach of Warranty of Security) The Contractor agrees to defend, indemnify, and hold harmless the Department, Customer, the State of Florida, its officers, directors and employees for any claims, suits or proceedings related to a breach of the Warranty of Security. The Contractor will include credit monitoring services at its own cost for those individuals affected or potentially affected by a breach of this warranty for a two (2) year period of time following the breach.

6.8.5 Annual Certification The Contractor is required to submit an annual certification demonstrating compliance with the Warranty of Security to the Department by December 31st of each Purchase Order.

6.9 Purchase Order Management

A. Purchase Order Administrator: The Department employee who is primarily

responsible for maintaining this Purchase Order. As of the effective date, the Purchase Order Administrator shall be as follows: Caitlen Boles Departmental Purchasing Department of Management Services 4050 Esplanade Way Tallahassee, Florida 32399-0950 Telephone: (850) 410-1423 E-mail: [email protected]

The Department may appoint a different Purchase Order Administrator, which shall not constitute a change order to the PO, by sending notice to the Contractor. Any communication to the Department relating to the PO shall be addressed to the Purchase Order Administrator.

B. Purchase Order Manager: The Department employee who is primarily responsible for overseeing the Respondent’s performance of its duties and obligations pursuant to the terms of this PO. The Purchase Order Manager shall be as follows: Jonathan Rakestraw Division of Telecommunications Department of Management Services 4030 Esplanade Way Tallahassee, Florida 32399-0950 Telephone: (850) 921-0857 E-mail: [email protected]

The Department may appoint a different Purchase Order Manager, which shall not constitute a change order to the PO, by sending notice to Contractor. Any communication to the Department relating to the PO shall be addressed to the Purchase Order Manager.

mailto:[email protected]

mailto:[email protected]

Documents

INVITATION TO BID FOR CENTRAL OFFICE … · 3.15 Integrated Services Digital Network (ISDN) – A set of communications standards for simultaneous digital transmission of voice, video,