01. 2324-01 ITN TR.pdf

Failure to file a protest within the time prescribed in section 120.57(3), Florida Statutes, or failure to post the bond or other security required by law within the time allowed for filing a bond shall constitute a waiver of proceedings under chapter 120, Florida Statutes.

State of Florida

Department of Financial Services

Invitation to Negotiate (ITN)

Number: 2324-01 ITN TR

Treasury Concentration Account Financial Services

Procurement Officer:

Edward Nabong

Government Operations Consultant III

Department of Financial Services

Office of Purchasing and Contractual Services

200 E. Gaines Street, Larson Building

Tallahassee, FL 32399-0347

Email: DFSpurchasing@myfloridacfo.com

ITN # 2324-01 ITN TR

Rev. 09/12/2022

TABLE OF CONTENTS

SECTION 1. Introduction

SECTION 2. ITN Process

SECTION 3. Response Instructions

SECTION 4. Selection Methodology

SECTION 5. Award

Appendix

Letter

Name

Attachment

Sub-components, If Any

To Be

Completed and

Returned

Attached for

Reference

Only

A Standard Contract Contract Signature

Page

Attachment 1, Special Contract

Conditions

Attachment 2, Statement of Work, including Exhibits

1 and 2

Attachment 3, Cost

Response

Attachment 4, PUR

Attachment 5, Data

Security

Requirements

Attachment 6, Relevant Portions of Contractor’s

Response

(This document is not yet available.)

Rev. 09/12/2022

Attachment 7, Mandatory Criteria

Certification Form

B Questions Template

C Evaluator Score Sheet

D Business Reference Form

SECTION 1. INTRODUCTION

1.1 Purpose

The Department of Financial Services (Department), an agency of the state of Florida (State), is issuing this Invitation to Negotiate (ITN) seeking a vendor to provide depository financial services to determine the best or the most appropriate means of providing support to the Treasury Concentration Account as described in Attachment 2, Statement of Work (SOW). Operating requirements make it necessary for a Respondent to provide branch services in Tallahassee, Florida, in order to be considered for this contract.

The Department intends to award one (1) Contract resulting from this ITN but reserves the right to make no award as determined to be in the best interest of the State. The solicitation will be administered through the Vendor Information Portal (VIP). It is the responsibility of all potential Respondents to monitor this site prior to and after submitting a Response. The submitted Response must comply with the terms and conditions stated in this ITN.

The Department intends to enter into a Contract (Contract) using Appendix A, Standard Contract, which is hereby incorporated by reference. The Department intends to award the Contract as provided in

Section 5, Award, of this solicitation document.

1.2 Background

The Department requests Responses from qualified Financial Institutions to provide financial services to support the Treasury Concentration Account. The Contractor will provide general financial services, support the Department’s internal accounting and cash management functions, and provide support for the Florida Department of Revenue as described in the Statement of Work (Attachment 2).

Treasury Concentration Account services, as described in the SOW, will be made available to all state agencies, state institutions, and the judicial branch.

The Contractor will be required to assist the Department for a period of up to six months after Contract expiration, in coordinating the conversion process for each agency and providing other transition services described in Attachment 1, Standard Terms and Conditions, Section 11, Termination.

The pricing and services outlined in Attachment 3, Price Response, must be made available to the

Department, State agencies, political subdivisions, and the judicial branch. State agencies, political subdivisions, and the judicial branch. will execute a participation agreement if they choose to utilize

Treasury Concentration Account services.

1.3 Questions Being Explored

Respondents are not to respond directly to these questions. The Department is seeking a solution

(Solution) to the questions being explored in this section. The Department will use the information

Rev. 09/12/2022 obtained through this ITN process to assist it in developing its Solution by exploring the following questions:

1. How does the Respondent customize its services to fit the needs of each client?

2. How does the Respondent ensure that its clients are receiving the most cost-effective solutions?

3. How might additional services offered by the Respondent be of value to the State?

4. What services can be offered by the Respondent to ensure a seamless transition of services?

1.4 Goals of the ITN

1. To meet the Contract objectives as outlined in Attachment 2, Statement of Work.

2. To minimize costs while providing the required services to State agencies, political subdivisions, and the judicial branch.

3. To obtain a Contract that provides exceptional value to the State.

1.5 Term

The initial term of the Contract will be five (5) years beginning on the date of execution or 3/22/2026, whichever is later. The Contract may be renewed for up to five (5) years in accordance with section

287.057(14), F.S. Renewal(s) will be made at the renewal pricing specified in the Contract.

1.6 Definitions

The following definitions apply to this ITN document:

Business Days – Monday through Friday, inclusive, except for State government holidays.

Confidential Information – Any documents, data, or records that are confidential and not subject to disclosure pursuant to chapter 119, F.S., the Florida Constitution, or any other legal authority.

Contract – The agreement that results from this competitive solicitation, if any, between the

Department and the awarded Respondent.

Contractor – The Respondent that executes a Contract with the Department pursuant to this

ITN.

Financial Institution - A company engaged in the business of dealing with financial and monetary transactions such as deposits, loans, investments, and currency exchange.

Respondent – An entity that submits a Response to this ITN.

Response – A formal response to this ITN.

State – The state of Florida.

Political Subdivision – As defined in section 11.45, F.S. Except that local government entity may use this agreement, or they may execute their own concentration account agreements with financial institutions.

Vendor Information Portal (VIP) – The State’s internet-based vendor information system at https://vendor.myfloridamarketplace.com

Rev. 09/12/2022

1.7 Procurement Officer

Pursuant to section 287.057(25), F.S., the Department’s Procurement Officer (Procurement Officer) is the sole point of contact for this solicitation.

The Procurement Officer is:

Edward Nabong

Government Operations Consultant III

Office of Purchasing and Contractual Services

Department of Financial Services

Email: DFSpurchasing@myfloridacfo.com

***PLACE THE SOLICITATION NUMBER IN THE SUBJECT LINE OF ALL EMAILS TO THE

PROCUREMENT OFFICER***

Please note that questions will NOT be answered by telephone. All inquiries must be directed to the

Procurement Officer in writing. For expediency, the Procurement Officer at his sole discretion may initiate phone calls to Respondents to resolve procedural or administrative issues. As all questions should be submitted in writing, the Department is under no obligation to acknowledge or respond to oral inquiries, and potential Respondents are not entitled to rely upon any clarification or change to this

ITN, or answer to any vendor question, except as may be provided in writing by the Department in response to questions submitted pursuant to Section 2.4, Question and Answer Period, of the ITN or in an addendum to this ITN.

Respondents to this solicitation or persons acting on their behalf may not contact, between the release of the solicitation and the end of the 72-hour period following the agency posting the notice of intended award, excluding Saturdays, Sundays, and State holidays, any employee or officer of the executive or legislative branch concerning any aspect of this solicitation, except in writing to the procurement officer or as provided in the solicitation documents. Violation of this provision may be grounds for rejecting a Response.

Any such contact by any person with a relevant business relationship with a Respondent or an existing or prospective subcontractor to a Respondent is assumed to be contact on behalf of a Respondent unless shown otherwise.

1.8 Special Accommodations

Any person requiring a special accommodation due to a disability should contact the Department’s

Procurement Officer. Requests for accommodations for meetings must be made at least five (5)

Business Days prior to the meeting. A person who is hearing or speech impaired can contact the

Procurement Officer by using the Florida Relay Service at (800) 955-8771 (TDD).

1.9 Cooperation with Inspector General

By providing a Response to this solicitation, the Respondent understands its duty, pursuant to section

20.055(5), F.S., to cooperate with the Inspector General in any investigation, audit, inspection, review, or hearing, in the event Respondent is awarded the Contract. The Respondent will comply with this duty and ensure that subcontracts issued under the Contract, if any, impose this requirement, in writing, on its subcontractors.

1.10 Commitment to Diversity in Government Contracting

The State is committed to supporting its diverse business industry and population through ensuring participation by woman-, veteran-, and minority-owned business enterprises in the economic life of the

State. The State of Florida Mentor Protégé Program connects certified business enterprises with private mailto:DFSpurchasing@myfloridacfo.com

Rev. 09/12/2022 corporations for business development mentoring. DFS strongly encourages firms doing business with the State to consider participating in this initiative. For more information on the Mentor Protégé

Program, please contact the Office of Supplier Diversity at (850) 487-0915 or osdinfo@dms.myflorida.com.

The Department supports diversity in its procurement program and requests that all subcontracting opportunities afforded by this solicitation enthusiastically embrace diversity. The award of subcontracts should reflect the vast array of citizens in the State. The Contractor can contact the Office of Supplier

Diversity at (850) 487-0915 for information on certified business enterprises that may be considered for subcontracting opportunities.

SECTION 2. ITN PROCESS

2.1 Overview of the ITN

The ITN is a method of competitively soliciting a commodity or contractual service under chapter 287, F.S. Under this ITN, there will not be a pre-Response conference. Vendors may submit questions regarding this ITN to the Procurement Officer as indicated in Section 2.4, Question and Answer Period.

Respondents must submit Responses by the deadline listed in Section 2.2, Timeline. The Department will open Responses at a public opening. After the public opening, the Procurement Officer will review

Responses in accordance with Section 4.1, Review of Mandatory Responsiveness Requirements.

Responses that the Procurement Officer determines are responsive to the ITN will be evaluated by the evaluation team. After evaluation, the Procurement Officer will compile the final evaluation scores to determine the competitive range of Responses reasonably susceptible of award (Competitive Range).

The Competitive Range will consist of the three (3) highest scoring Responses, unless there are fewer than three (3) responsive Respondents. If there is a tie in one or more of the top three scores, the

Department will invite the top three Respondents plus any tying Respondent. After negotiations are conducted, the Department will award the Contract to the responsible and responsive Respondent that the Department determines will provide the best value to the State, based on the selection criteria.

This section is only intended to be an overview. Read the solicitation in its entirety for further details.

In the event of a conflict between this overview and another section of this ITN document, the other section of the ITN document will control.

2.2 Timeline

The following timeline will be strictly adhered to in all actions relative to this solicitation. The

Department reserves the right to adjust this timeline by posting addenda on the VIP. It is the

Respondent’s responsibility to check the VIP on a regular basis for such updates.

Event

Event Time

Eastern Time

(ET)

Event Date

ITN posted on the VIP. N/A 1/15/2025

Deadline to submit questions to Procurement Officer. 3:00 PM 1/29/2025

Anticipated date to post answers to Respondents’ questions on VIP. N/A 2/12/2025

Deadline to submit Responses and all required documents to the

Department.

3:00 PM 3/12/2025

mailto:osdinfo@dms.myflorida.com

Rev. 09/12/2022

2.3 Pre-Response Conference

The Department will not hold a pre-Response conference.

2.4 Question and Answer Period

Vendors may submit written questions to the Procurement Officer by the deadline listed in Section 2.2, Timeline. Questions may include requests for clarification regarding the terms, conditions, and requirements of the ITN and its appendices, and any processes described in those documents. If terms included in Appendix A, Standard Contract, are impractical or, for legal or operational reasons, impossible, vendors must submit a question requesting modification of the Standard Contract terms, and the Department will issue an addendum to this ITN if such modifications are acceptable to the

Department.

***PLACE THE SOLICITATION NUMBER IN THE SUBJECT LINE OF ALL EMAILS

CONTAINING QUESTIONS.***

Submit questions using Appendix B, Questions Template, which is posted to the VIP with this ITN.

Questions do not constitute a formal protest of the specifications or of the solicitation.

The Department will provide answers to all questions that are timely submitted through an addendum that is posted on the VIP. If modifications are made to the ITN document or appendices, the Department will post the modifications in an addendum on the VIP.

2.5 Public Opening of Responses

The Department will open the Responses in a public opening at the date, time, and location noted in

Section 2.2, Timeline. Please note, the public opening will also be conducted via conference call as stated in Section 2.2, Timeline.

Event

Event Time

Eastern Time

(ET)

Event Date

Public Response opening.

Department of Financial Services

200 E. Gaines Street, Larson Building

Tallahassee, FL, 32399

NOTE: The public opening will also be conducted via conference call. To attend the public opening call 888-585-9008 and when prompted use

Conference No.: 819-252-704. Attendance at this public opening is not required.

3:30 PM 3/12/2025

Anticipated date to post Notice of Intent to Award on VIP. N/A TBD

Anticipated Contract start date. N/A 3/22/2026

Rev. 09/12/2022

2.6 Addenda to the ITN

The Department reserves the right to make changes to this ITN by posting addenda on the VIP. It is the

Respondent’s responsibility to check for any posted addenda on the VIP.

2.7 Contract Formation

The Department will enter into a Contract with the awarded Respondent pursuant to Section 5, Award.

The Contract will consist of the of the documents listed under Appendix A, Standard Contract, unless modified by the Department in an addendum posted to the VIP.

The Respondent shall bring any perceived inconsistencies among any of the provisions of the ITN and its appendices to the attention of the Department prior to the submission of its Response. At any time during the solicitation, the Department may specifically identify and incorporate by reference any additional documents which are to be incorporated into the Contract.

-Remainder of Page Intentionally Left Blank-

Rev. 09/12/2022

SECTION 3. RESPONSE INSTRUCTIONS

3.1 Instructions to Respondents

This section contains the General Instructions (PUR 1001) and Special Instructions to Respondents.

The PUR 1001 can be accessed at https://www.dms.myflorida.com/business_operations/state_purchasing/state_agency_resourc es/state_purchasing_pur_forms.

The Special Instructions are in the remainder of Section 3 of this ITN document. In accordance with

Rule 60A-1.002, Florida Administrative Code (F.A.C.), in the event any conflict exists between the

Special Instructions and General Instructions, the Special Instructions will prevail.

Section 13 of the PUR 1001 is replaced by Section 5.5 of the ITN. Sections 3, 5, and 9 of the PUR 1001 are replaced with the following:

Section 3. Electronic Submission of Responses.

Responses shall be submitted in accordance with Section 3.4, How to Submit a Response, of the

ITN document.

Section 5. Questions.

Questions shall be submitted in accordance with Section 2.4, Question and Answer Period, of the

ITN document.

Section 9. Respondent’s Representation and Authorization.

(a) In submitting its Response, the Respondent understands, represents, and acknowledges the following:

• The Respondent is not currently under suspension or debarment by the state of Florida or any other governmental authority.

• The Response is made in good faith and not pursuant to any agreement or discussion with, or inducement from, any firm or person to submit a complementary or other noncompetitive response.

• The prices and amounts have been arrived at independently and without consultation, communication, or agreement with any other Respondent or potential Respondent; neither the prices nor amounts, actual or approximate, have been disclosed (and will not be disclosed prior to the solicitation opening) to any Respondent or potential Respondent.

• The Respondent will conform to the terms and conditions of the Standard Contract without exception, or, where an exception is made by Respondent, will provide an alternative that is equivalent to or exceeds the Department’s terms and conditions.

• If an award is made to the Respondent, the Respondent agrees that it intends to be legally bound to the Contract that is formed with the Department.

• The Respondent has made a diligent inquiry of its employees and agents responsible for preparing, approving, or submitting the Response, and has been advised by each of them that he or she has not participated in any communication, consultation, discussion, agreement, collusion, act, or other conduct inconsistent with any of the statements and representations made in the Response.

• The Respondent shall indemnify, defend, and hold harmless the Department and its employees against any cost, damage, or expense which may be incurred or be caused by any error in the Respondent’s preparation of its Response.

• All information provided by, and representations made by, the Respondent may be considered material and may be relied upon by the Department in awarding the Contract.

https://www.dms.myflorida.com/business_operations/state_purchasing/state_agency_resources/state_purchasing_pur_forms https://www.dms.myflorida.com/business_operations/state_purchasing/state_agency_resources/state_purchasing_pur_forms

Rev. 09/12/2022

Any misstatement may be treated as fraudulent concealment from the Department of the true facts relating to submission of the Response. A misrepresentation shall be punishable under law, including, but not limited to, chapter 817, F.S.

(b) In submitting a Response, the Respondent understands, represents, and acknowledges the following (NOTE: If the Respondent cannot certify to any of following, the Respondent shall submit with its Response a written explanation of why it cannot do so. The Respondent’s explanations may result in the Respondent being found to not be a responsible or responsive vendor as defined in sections 287.012(25) and (27), F.S.):

• To the best of the knowledge of the person signing the Response, the Respondent, its affiliates, subsidiaries, directors, officers, and employees are not currently under investigation by any governmental authority and have not in the last ten (10) years been convicted or found liable for any act prohibited by law in any jurisdiction, involving conspiracy or collusion with respect to bidding on any public contract.

• Respondent currently has no delinquent obligations to the state of Florida, including a claim by the state of Florida for liquidated damages under any other contract.

• The Respondent has fully informed the Department in writing of all convictions of the firm, its affiliates (as defined in section 287.133(1)(a), F.S.), and all directors, officers, and employees of the firm and its affiliates for violation of state or federal antitrust laws with respect to a public contract and for violation of any state or federal law involving fraud, bribery, collusion, conspiracy or material misrepresentation with respect to a public contract. This includes disclosure of the names of current employees who were convicted of contract crimes while in the employ of another company.

• Neither the Respondent nor any person associated with it in the capacity of owner, partner, director, officer, principal, investigator, project director, manager, auditor, or position involving the administration of federal funds:

o Has within the preceding three years been convicted of or had a civil judgment rendered against them or is presently indicted for or otherwise criminally or civilly charged for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a federal, state, or local government transaction or public contract; violation of federal or state antitrust statutes; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; or o Has within a three-year period preceding this certification had one or more federal, state, or local government contracts terminated for cause or default.

3.2 Mandatory Responsiveness Requirements

A Respondent whose Response does not meet the mandatory responsiveness requirements listed below will be deemed non-responsive and will not be considered for Contract award.

The mandatory responsiveness requirements are as follows:

1. The Response must include a completed Attachment 3, Price Response.

2. The Response must include an Attachment 7, Mandatory Criteria Certification Form, that meets the requirements provided in Section 3.3.3(A), Mandatory Criteria Certification.

The Department will not evaluate a Response from a Respondent that does not meet the mandatory responsiveness requirements. The Department reserves the right to re-evaluate its responsiveness determination at any time during the solicitation.

Rev. 09/12/2022

3.3 Contents of the Response

Submit the Response in the following format. See Sections 4.2 – 4.3 of this ITN for how Responses will be evaluated during the evaluation phase.

3.3.1 Volume 1: General Information

A. Cover Letter

Submit a cover letter on the Respondent’s letterhead that contains the following information:

1. The name and principal place of business of the Respondent;

2. The Respondent’s Federal Employer Identification Number (FEIN); and

3. The name, title, mailing address, telephone number, and e-mail address of the

Respondent’s contact person for purposes of the ITN and, if available, an alternate contact person.

B. Responses or Disclosures Required by the PUR 1001.

1. Submit any disclosures required by Section 6 of the PUR 1001.

2. Submit any disclosures required by Section 9 of the PUR 1001, as modified by Section 3.1 of this ITN. If unable to certify to any of the provisions of part (b) of Section 9 of the PUR

1001, as modified by Section 3.1 of this ITN, submit a written explanation of why the

Respondent cannot do so. The Respondent’s explanations may result in the Department finding the Respondent not to be a responsible or responsive vendor as defined in sections

287.012(25) and (27), F.S. No exceptions to part (a) of Section 9 of the PUR 1001, as modified by Section 3.1 of this ITN document, will be accepted.

3.3.2 Volume 2: Technical Response

A. Narrative on Experience and Ability

1. Provide a narrative of the Respondent’s prior relevant experience with providing these services. The experience described should demonstrate the Respondent’s organizational ability to perform the services sought in this ITN.

2. Provide an organizational chart and identify the Respondent’s key personnel who will perform or supervise the services solicited by this ITN. Include a summary of the background of these personnel which demonstrates their suitability for any designated role. The summary should include a discussion of key personnel’s knowledge of the program area; education and training; and management experience with the

Respondent or any subcontractor(s).

3. Provide three (3) examples of similar services provided by the Respondent within the last ten (10) years.

B. Respondent’s Proposed Approach

1. Provide Respondent’s plan for carrying out the services required by this ITN and specified in Attachment 2, Statement of Work. The Respondent should refer to

Appendix C, Evaluator Score Sheet, and fully describe its plans for each identified criterion.

3.3.3 Volume 3: Mandatory Responsiveness Requirements

A. Mandatory Criteria Certification

Submit an Attachment 7, Mandatory Criteria Certification Form, that provides a “Yes”

Certification Answer for each Certification Question. A Respondent’s failure to provide a

“Yes” Certification Answer for each Certification Question will result in the Respondent being deemed non-responsive.

Rev. 09/12/2022

Additionally, Respondents must complete the Vendor Certification Form (beginning on page

2 of the Mandatory Criteria Certification Form) by choosing the appropriate “Vendor

Indicator” from the dropdown menu. Respondents must also complete and submit the attestations associated with the requirements of the Vendor Certification Form which includes the Foreign Country of Concern Attestation PUR 1355, the Common Carrier Attestation

Form PUR1808 (if applicable), and the Use of Coercion for Labor and Services PUR2024.

B. Price Response

Submit a completed Attachment 3, Price Response. The Department’s Attachment 3, Price

Response, is proposed as a potential method for Respondents to use in submitting their Price

Responses; however, Respondents may use other formats or concepts in proposing their Price

Responses. Respondents are encouraged to offer creative pricing methods for the Department’s consideration.

3.3.4 Volume 4: Contract Exceptions

The Respondent should submit a full description of any exceptions it has to the terms in the attachments that comprise Appendix A, Standard Contract.

3.3.5 Volume 5: Proposal for Optional and/or Value-Added Services

The Respondent may propose to provide optional services that will make the services more efficient, more valuable, or more manageable. Optional services should be available to the Department during the Contract with notice to the Contractor that the Department intends to opt into those services. The Department shall be under no obligation to adopt the Respondent’s proposed optional services into the Contract or to opt into the services during the life of the Contract. If the Respondent will charge for its proposed optional services, pricing for those optional services will be negotiated during the negotiation phase of the ITN.

A Respondent’s proposal for optional services should include the scope of services that would be addressed, the payment structure for those services and how those services would integrate into the

Respondent’s Technical Response (if at all).

This volume should also include any value-added services the Respondent would like to propose to the Department that would not otherwise fall under the description for optional services provided above.

3.4 How to Submit a Response

The Respondent should submit:

• One (1) printed UNREDACTED version of each volume of the Response.

• One (1) printed REDACTED version of the Response if redactions are required (see Section 3.6, Confidential Response Materials and Redacted Submissions).

• One (1) digital copy of the complete UNREDACTED Response on a flash drive.

• One (1) digital copy of the complete REDACTED Response on a flash drive, if applicable (see

Section 3.6, Confidential Response Materials and Redacted Submissions). The Respondent must ensure that all metadata has been removed from the files in the redacted copy.

• Five (5) additional copies of Volume 2 of the Response.

Note: The Respondent may use an alternate method of binding other than a binder and include separate tabs or other methods of separation for the volumes of the Response in lieu of separate binders.

Rev. 09/12/2022

Responses must be delivered in sealed packages to the Department of Financial Services at 200 East

Gaines Street, Larson Bldg., Suite 545 – Office of Purchasing and Contractual Services, Tallahassee, Florida 32399-0347, by the deadline listed in the Timeline in Section 2.2, Timeline. The Respondent must clearly label the outside of the sealed packages with the ITN number and Respondent’s name.

SECTION 2.2, TIMELINE, SPECIFIES THE DEADLINE AND LOCATION FOR

RESPONSE SUBMISSION. RESPONSES SUBMITTED BEYOND THE DEADLINE OR TO

A DIFFERENT LOCATION WILL NOT BE CONSIDERED.

3.5 Disclosure of Response Contents

All documentation submitted as a Response to the ITN will become the exclusive property of the

Department and will not be returned to the Respondent. Responses received by the Department may be disclosed pursuant to a public records request, subject to any confidentiality claims and the timeframes identified in section 119.071(1)(b), F.S. The Department has the right to use any or all ideas or adaptations of the ideas presented in any Response. Selection or rejection of a Response will not affect this right.

3.6 Confidential Response Materials and Redacted Submissions

In addition to the public records requirements of the PUR 1001, section 19, if the Respondent considers any portion of its Response to be Confidential Information or exempt from disclosure under Chapter

119, F.S., or other legal authority (Public Records Law), then the Respondent must simultaneously provide the Department with an unredacted version of the materials and a separate redacted electronic copy of the materials. If providing both a redacted and unredacted copy, the Respondent should mark the unredacted version of the document as “Unredacted Version – Contains Confidential Information” and place such information in an encrypted electronic form or a sealed separate envelope. If the

Respondent fails to submit a Redacted Copy of its Response, the Department is authorized to produce the entire unredacted Response submitted to the Department in response to a public records request.

3.6.1 Redacted Submissions

If submitting a redacted version of its Response, the Respondent should mark the redacted electronic copy with the Respondent’s name, Department’s ITN name and number, and the words

“Redacted Copy.” The Redacted Copy should only redact those portions of material for which a

Respondent can legally support a claim that the information is Confidential Information or exempt from disclosure pursuant to Public Records Law. In the Redacted Copy, the Respondent shall redact and maintain in confidence any materials the Department provides or seeks regarding security of a proposed technology system or information subject to sections 119.011(14), 119.071(1)(f), and

119.071(3), F.S.

In addition, the Respondent must submit a separate index listing the Confidential Information or exempt portions of its Response. The index should briefly describe in writing the grounds for claiming exemption from the Public Records Law, including the specific statutory citation for such exemption.

The Redacted Copy will be used to fulfill public records and other disclosure requests and will be posted on the FACTS website. The Department will follow the procedures identified in the

Standard Contract’s PUR1000, Section 10, Public Records, if the Department receives a further request for Confidential Information or exempt material that has been clearly identified as such in writing by the Respondent.

Rev. 09/12/2022

3.6.2 Respondent’s Obligations to Defend its Claims

The Department is not obligated to agree with a Respondent’s claim of exemption or Confidential

Information. By submitting a Response, the Respondent agrees to defend its claim that each and every portion of its redactions is exempt from inspection and copying under Florida’s Public

Records Law. By submitting a Response, the Respondent agrees to protect, defend, and indemnify the Department for any and all claims arising from or relating to the Respondent’s determination that the redacted portions of its Response are Confidential Information or otherwise not subject to disclosure. The Department may use the counsel of its choosing to defend any such claims, and the

Respondent shall promptly pay the Department’s invoices for legal services on a monthly basis for all costs and expenses, including legal fees, incurred in defending such claims.

3.7 Withdrawal and Modification of Responses

The Respondent may modify its Response at any time prior to the submittal deadline by submitting a request to the Procurement Officer. A submitted Response may be withdrawn from consideration by the Department if the Respondent submits a signed, written request for withdrawal to the Procurement

Officer within seventy-two (72) hours after the deadline for Response submittal.

3.8 Reservations

In addition to any other rights reserved or afforded to the Department under this ITN and under applicable law, the Department reserves the right to:

1. Cancel this ITN at any time prior to the Department’s execution of the Contract, without incurring any cost obligations or liabilities.

2. Accept or reject any Response at any time.

3. Terminate evaluation and/or negotiation of any Response at any time.

4. Modify any dates set or projected in this ITN.

5. Waive minor informalities or irregularities in Responses.

3.9 Additional Information

The Department reserves the right to seek information from outside sources regarding the Respondent and the Respondent’s offerings, capabilities, references, or performance, if the Department determines that such information is pertinent to the ITN. The Department may consider such information throughout the solicitation process including, but not limited to, when determining whether the award is ultimately in the best interest of the State. This may include, but is not limited to, the Department engaging consultants, subject matter experts, and others to ensure that the Department has a complete understanding of the information provided by Respondents in response to the ITN.

Rev. 09/12/2022

SECTION 4. SELECTION METHODOLOGY

4.1 Review of Mandatory Responsiveness Requirements

The Procurement Officer will review each Response to determine whether the Response satisfies the requirements of Section 3.2, Mandatory Responsiveness Requirements. Only those Responses that meet the mandatory responsiveness requirements will be evaluated. A Respondent who submits

Response that does not satisfy the requirements of Section 3.2, Mandatory Responsiveness

Requirements, will be deemed non-responsive and will not be evaluated.

4.2 Evaluation Team

The Department’s evaluation team will consist of at least three (3) persons who collectively have experience and knowledge in the program area and service requirements for the contractual services sought under the ITN.

4.3 Evaluation Criteria

Each Response will be evaluated as set forth in the remainder of this Section 4.3, Evaluation Criteria.

The total number of points available to a Respondent for this ITN is 260 points. The Respondent’s Price

Response will not be scored.

4.3.1 Evaluation of Technical Response

Each evaluation team member will independently evaluate each Respondent’s Volume 2:

Technical Response against the evaluation criteria set forth in Appendix C, Evaluator Score

Sheet. Volume 2 is the only volume the Evaluators will evaluate during the evaluation process referenced in Section 4.2-4.3 of the ITN. Evaluators WILL NOT review

Information provided in volumes 1, 3, 4, and 5. See Section 3.3.2 of this ITN. Evaluators

WILL NOT score items that do not appear in Volume 2.

The maximum score for each criterion is set forth in Appendix C, Evaluator Score Sheet. The maximum available points for the evaluation of the Technical Response is 260 points. The

Procurement Officer will add the score awarded by each evaluator for a Respondent and divide the total by the number of evaluators to determine a Respondent’s Technical Response Score.

4.3.2 Price Response

The Respondent’s Cost Response will not be scored in the evaluation phase of the ITN and will not be considered by the Department in determining a Competitive Range and selecting Respondents to invite to negotiations.

4.4 Negotiation Team

The Department’s negotiation team will consist of at least three (3) persons who collectively have experience and knowledge in negotiating contracts, contract procurement, the program areas, and services requirements for which contractual services are sought.

4.5 Negotiations

Selected Respondent(s) will be invited to enter into negotiations with the Department. Any information that the Respondent provides during negotiations constitutes an Interim Revised Response (IRR) and becomes part of the Respondent’s Response. Failure to provide requested information may result in rejection of the Response.

The Department reserves the right to negotiate different or additional terms, or the removal of terms, and related price adjustments, if any, if the Department determines that doing so would be in the best interest of the State or necessary for the effective administration of the Contract; this applies to all of

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Appendix A, Standard Contact, the Respondent’s Response (including all revisions), and any other document that may become part of the Contract. As used in this paragraph, the word “terms” includes all terms, conditions, or other requirements that will become part of the Contract and includes how those terms are arranged or presented (e.g., revised pricing models or additional attachments).

The negotiation team may consider any information obtained during evaluation but is not bound by evaluation team scoring. The negotiation team may reassess any of the evaluation determinations and may consider any additional information that comes to its attention during the negotiations.

This procurement will not result in an exclusive license to provide the services or products described in this ITN or the resulting Contract. The Department may, in compliance with applicable law, contract with other Respondents to provide the same or similar services.

Negotiations may include discussions of the terms, conditions, costs, statement of work, and related services to be provided by the Respondent. The negotiation team will not engage in scoring but will arrive at its recommendation by majority vote during a public meeting.

Respondents may be provided an opportunity to recommend enhanced value alternatives and provide information and options during negotiations. The Department reserves the right to negotiate different terms and related price adjustments if the Department determines that such changes would provide the best value to the State. The negotiation team may address each proposed alternative during negotiations but is under no obligation to accept a proposed alternative. If the negotiation team determines that a proposed alternative is not acceptable, and the Respondent fails to offer another alternative that is acceptable to the negotiation team, the Respondent may be eliminated from further consideration, or the negotiation team may stop negotiation with that Respondent.

4.5.1 Negotiation Location and Attendance

The Department will schedule negotiation sessions and distribute instructions and/or agendas in advance of each negotiation session. The negotiation sessions will be conducted in Tallahassee, Florida (FL) or via online meeting software. The Representatives for each Respondent (including a representative authorized to agree to Contract terms on behalf of the Respondent and key proposed Project Team members relevant to the topic being discussed) must plan to be available in person, without interruptions, for the entirety of the Respondent’s scheduled negotiation session(s) in Tallahassee, FL or via online meeting software. The Department reserves the right to require attendance at negotiation sessions by particular representatives of the Respondent.

4.5.2 Revised Responses and Best and Final Offers

During the Negotiation period, the Department may request clarification and revisions to

Responses (including BAFOs and revised BAFOs) until it is satisfied that it has achieved the best value to the State.

4.5.3 Other Department Rights During Negotiations

The Department reserves the right at any time during the negotiation process to:

• Schedule additional negotiation sessions with any or all responsive Respondents.

• Require any or all responsive Respondents to provide additional, revised, or final Responses addressing specified topics.

• Require any or all responsive Respondents to provide a written BAFO.

• Require any or all responsive Respondents to address services, prices, or conditions offered by any other Respondent.

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• Require any or all responsive Respondents to provide a completed Appendix F, Description of Contract Disputes and/or one or more completed Appendix D, Business Reference Form, or modified version of these forms as modified by the Negotiation Team.

• Require any or all responsive Respondents to provide financial information as specified by the Department, including but not limited to one of more years of independently audited financials.

• Arrive at an agreement with any responsive Respondent, finalize principal contract terms with such Respondent, and terminate negotiations with any or all other Respondents, regardless of the status of or scheduled negotiations with such other Respondents.

• Decline to conduct further negotiations with any Respondent.

• Re-open negotiations with any Respondent.

• Take any additional administrative steps the Department deems necessary in determining the final award, including additional fact-finding, evaluation, or negotiation where consistent with the terms of this ITN.

• Review and rely on relevant information contained in the Responses.

• Include subject matter experts or other interested persons in negotiations with vendors, vendor presentations, and meetings at which negotiation strategies are discussed.

4.6 Selection Criteria

The negotiators will recommend the award of the Contract to the Respondent that the negotiators determine will provide the best value to the State based on the following selection criteria:

• The Respondent’s articulation and demonstration of its ability to address the requirements of the

Department’s Appendix A, Standard Contract, including its Attachment 2, Statement of Work, as negotiated by the Department and the Respondent.

• The Respondent’s use of innovation to address the needs to the Department.

• The favorability for the Department of the terms of the proposed Contract with the Respondent.

• The Respondent’s experience in addressing services similar in type and scale as what will be required by the Department’s Appendix A, Standard Contract, including its Attachment 2, Statement of Work, as negotiated by the Department and the Respondent.

• The experience and skill of the Respondent’s proposed staff relative to the proposed Solution and the needs of the Department.

• The Respondent’s pricing, overall costs to the Department, and the value of the services offered by the Respondent.

A Respondent’s responsiveness and responsibility may be assessed at any point in the selection process. Respondents whose Responses, past performance, or current status do not reflect the capability, integrity, or reliability to fully and in good faith perform the requirements of the Contract may be rejected.

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SECTION 5. AWARD

5.1 Basis of Award

If the Department awards a Contract resulting from this ITN, the Department will award the Contract to the responsible and responsive Respondent whose Response is deemed to be the best value to the

State based on the selection criteria.

The Department reserves the right to determine which Responses are responsive and responsible at any time during the solicitation. Respondents whose Responses, past performance, or current status do not reflect the capability, integrity, or reliability to fully and in good faith perform the requirements of the

Contract may be rejected as not being responsible vendors as defined in section 287.012, F.S. The

Department may request additional information pertaining to the Respondent’s ability and qualifications to accomplish all services described in this ITN as deemed necessary during the ITN or after contract award.

The Department reserves the right to accept or reject any or all Responses, or separable portions of

Responses.

The Department will not give preference to a Respondent based on the Respondent’s social, political, or ideological interests.

5.2 Recommendation of Award

The Department will develop a recommendation of award, based on the selection criteria identified in this ITN, that will be submitted to the Chief Financial Officer or designee.

5.3 Chief Financial Officer’s Approval

The Chief Financial Officer, or designee, will make the final decision for award after receiving the recommendation of award.

5.4 Agency Decision

The Department will post a Notice of Intent to Award, stating its intent to enter into one (1) or more

Contracts with the Respondent(s) identified therein on the VIP. The Department’s intended decision will be posted on the Florida Vendor Information Portal at https://vendor.myfloridamarketplace.com/ on the date specified in the Timeline (as may be modified by any subsequent Addenda) and will remain posted for a period of seventy-two (72) hours. Any Respondent who is adversely affected by the

Department’s recommendation award or intended decision must file the following with the Department of Financial Services, Agency Clerk, Office of the General Counsel, 200 E. Gaines Street, Tallahassee, FL or DFSAgencyClerk@myfloridacfo.com:

1. A written notice of protest within seventy-two (72) hours after posting of the intended decision, the notice of protest filed to the street address or email above, and

2. A formal written protest and protest bond in compliance with Section 120.57(3), Florida Statutes, within ten (10) days of the date on which the written notice of protest is filed to the street address or email above. At the time of filing the formal written protest, a bond (a cashier’s check or money order may be accepted) payable to the Department must also be submitted in an amount equal to one percent (1%) of the estimated contract amount based on the contract price submitted by the protestor.

Failure to file a protest within the time prescribed in Section 120.57(3), Florida Statutes, or failure to post the bond or other security required by law within the time allowed for filing a bond shall constitute mailto:DFSAgencyClerk@myfloridacfo.com

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Additionally, if the Department decides to reject all Responses at any time during the solicitation, the

Department will post a notice to that effect on the VIP.

5.5 MyFloridaMarketplace (MFMP) Registration

The awarded Respondent must have a current vendor registration in MFMP, at https://vendor.myfloridamarketplace.com/, prior to Contract execution.

The awarded Respondent will be required to pay the required transaction fees as specified in PUR 1000, section 14, unless an exemption has been requested and approved prior to the award of the Contract pursuant to Rule 60A-1.031, F.A.C.

5.6 Execution of Contract

Unless otherwise agreed by the Department, the awarded Respondent must sign the Contract within seven (7) calendar days of receipt of the Contract for execution, unless there is an automatic stay triggered by the filing of a formal protest. If a formal protest is timely filed, the time to sign the Contract will be tolled. The Department reserves the right to withdraw its Notice of Intent to Award if the

Contract is not timely signed, if it determines that it is in the best interest of the State to do so. The

Department also reserves the right to award to the Respondent ranked second if the Department does not receive a timely signed Contract from the awarded Respondent.

The Contract will be posted on the Florida Accountability Contract Tracking System (FACTS) at https://facts.fldfs.com/, in accordance with section 215.985, F.S., the Transparency Florida Act.

https://vendor.myfloridamarketplace.com/ https://facts.fldfs.com/

APPENDIX A

Standard Contract

Contract Signature Page (v1.0) Page 1 of 2

STATE OF FLORIDA

DEPARTMENT OF FINANCIAL SERVICES

Contract Signature Page

Contract Title: [Insert]

Contract No.: [Insert]

P.O. No. or Solicitation No.: ITN 2324-01 ITN TR

THIS CONTRACT (“Contract”) is entered into between the State of Florida, Department of Financial Services, located at 200 East Gaines Street, Tallahassee, FL 32399, (hereinafter called the “Department”) and [Contractor’s

Name], located at [Contractor’s Address], (hereinafter called the “Contractor”), collectively referred to herein as the

“Parties.” The Parties agree as follows:

1. Entire Contract.

The Contract shall include this document and all incorporated attachments listed in section 6., Order of Precedence.

The Contract constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior agreements, whether written or oral, with respect to such subject matter. Any preprinted terms and conditions included on Contractor’s forms or invoices will be null and void.

2. Contract Term.

Effective Date Completion Date Renewals

03/22/2026, or the date last signed under section 8., Execution, whichever is later.

Five (5) years from Effective Date, unless terminated earlier in accordance with the terms set forth in the Contract.

Up to five (5) years.

3. Contract Price.

Price of…