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Fnti Foia Request

Fnti Foia Request

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Published by Brevard Times

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Published by: Brevard Times on Jul 08, 2012
Copyright:Attribution Non-commercial


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July 2, 2012Michael McDanielFinance Director Brevard Clerk of the Circuit and County CourtsPO Box 999Titusville, FL 32781-0999(321) 637-2002(321) 225-3051 Faxmichael.mcdaniel@brevardclerk.usRE: ITN Freedom of Information ActMr. McDaniel,I am formally writing you to request a copy of the complete BlueGEM response to the ITN
Statutory Digitization, Backlog, New Documents, Redaction, Emerging Technologies.
We have reviewed the Chapter 287 of the Florida Statutes and wish to exercise our rights for additionalinformation. We have included information from the Statutes (in blue) to substantiate our request.
Invitation to negotiate.
—The invitation to negotiate is a solicitation used by an agency which isintended to determine the best method for achieving a specific goal or solving a particular problem andidentifies one or more responsive vendors with which the agency may negotiate in order to receive thebest value.1.Before issuing an invitation to negotiate, the head of an agency must determine and specify inwriting the reasons that procurement by an invitation to bid or a request for proposal is notpracticable.We would request that Brevard Clerk of the Circuit and County Courts provide in writing the reasonthat an invitation to bid or a request for proposal was not practicable.3.The criteria that will be used for determining the acceptability of the reply and guiding theselection of the vendors with which the agency will negotiate must be specified.
FNTI asked questions during Q and A process asking……… Is there a weighted or scored evaluationcriteria for selecting a vendor? If yes, can the county provide the criteria? The Court responded YES;NOT AT THIS TIME. The ITN included the following Evaluation Criteria and Negotiation Process
2.2 Evaluation Criteria and Negotiation Process
The vendor must be able to provide experienced consultants
The vendor must agree to provide a performance bond of $1,000,000.00.
The vendor’s cost reply shall be for a
milestone and deliverables-based fixed price solution
 Any vendor 
meeting the minimum qualifications
will not be
considered for further evaluation.
We would request that Brevard Clerk of the Circuit and County Courts please provide the weighted andscored criteria used to evaluate all responders.5.The contract file for a vendor selected through an invitation to negotiate must contain a shortplain statement that explains the basis for the selection of the vendor and that sets forth the vendor’sdeliverables and price, pursuant to the contract, along with an explanation of how these deliverablesand price provide the best value to the state.We would request that Brevard Clerk of the Circuit and County Courts please provide the explanationfor the basis of awarding BlueGEM with this contract addressing the afore mentioned Florida Statutes.(2)Prior to the time for receipt of bids, proposals, or replies, an agency may conduct a conferenceor written question and answer period for purposes of assuring the vendor’s full understanding of thesolicitation requirements. The vendors shall be accorded fair and equal treatment.We would request that Brevard Clerk of the Circuit and County Courts please provide confirmation thatBlueGEM LLC or any of its alias had the same amount of time to respond to the bid as the otherrecipients.(b)1.An agency head may not proceed with a contract award under subparagraph (a)2. if a conflictof interest is based upon the vendor gaining an unfair competitive advantage.2.An unfair competitive advantage exists when the vendor competing for the award of a contractobtained:a.Access to information that is not available to the public and would assist the vendor in obtainingthe contract; orb.Source selection information that is relevant to the contract but is not available to all competitorsand that would assist the vendor in obtaining the contract.
Please disclose all communications (written or verbal) with any Brevard Clerk of the Circuit and CountyCourts and any BlueGEM, Blueware, or its alias prior to the due date of the ITN.Prepared By: FNTI, Inc. - 2 -

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