01. RFP Document.pdf

Failure to file a protest within the time prescribed in section 120.57(3), F.S., 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, F.S.

State of Florida

Department of Financial Services

Request for Proposals (RFP) Number: 2021-02 RFP UP

Unclaimed Securities Property Management

Procurement Officer:

Becky Hale

Government Analyst II Department of Financial Services

Office of Purchasing and Contractual Services 200 E. Gaines Street, Larson Building

Tallahassee, FL 32399-0347 Email: DFSpurchasing@myfloridacfo.com

RFP # 2021-02 RFP UP

Rev. 06/15/18

Table of Contents

SECTION 1. Introduction

1.1 Purpose

1.2 Background

1.3 Term

1.4 Definitions

1.5 Procurement Officer

1.6 Special Accommodations

1.7 Cooperation with Inspector General

1.8 Commitment to Diversity in Government Contracting

1.9 Convicted Vendor List

1.10 Discriminatory Vendor List

1.11 Antitrust Violator Vendor List

SECTION 2. RFP Process

2.1 Overview of the RFP

2.2 Timeline

2.3 Pre-Response Conference

2.4 Question and Answer Period

2.5 Public Openings of Responses

2.6 Addenda to the RFP

2.7 Contract Formation

SECTION 3. Response Instructions

3.1 Instructions to Respondents

3.2 Mandatory Responsiveness Requirements

3.3 Contents of the Response

3.3.1 Volume 1: General Information

3.3.2 Volume 2: Technical Response

3.3.3 Volume 3: Mandatory Responsiveness Requirements

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3.4 How to Submit a Response

3.5 Disclosure Of Response Contents

3.6 Confidential Response Materials and Redacted Submissions

3.6.1 Redacted Submissions

3.6.2 Respondent’s Obligations to Defend its Claims

3.7 Withdrawal and Modification of Responses

3.8 Minor Irregularities

3.9 Additional Information

SECTION 4. Selection Methodology

4.1 Review of Mandatory Responsiveness Requirements

4.2 Evaluation Team

4.3 Evaluation Criteria

4.3.1 Evaluation of Technical Response

4.3.2 Price Response

SECTION 5. Award

5.1 Basis of Award

5.2 Award Preferences for Identical Evaluations of Responses

5.3 Recommendation of Award

5.4 Chief Financial Officer’s Approval

5.5 Agency Decision

5.6 MyFloridaMarketplace (MFMP) Registration

5.7 Execution of Contract

Rev. 06/15/18

Attachments

Letter

Name Attachment

Sub-components, If Any

To Be Completed and Returned

Attached for

Reference Only

A Standard Contract Contract Signature Page

Attachment 1, Standard Terms and Conditions

Attachment 2, Statement of Work

Attachment 3, Price Response

Attachment 4, PUR

Addendum A, Public Records Requirements

Addendum B, Data Security Requirements

Addendum C, Relevant Portions of Contractor’s Response (This document is not yet available.)

B Mandatory Criteria Certification Form

C Evaluator Score Sheet

D Award Preferences Form

E Description of Contract Disputes Form

Rev. 06/15/18

SECTION 1. INTRODUCTION

1.1 PURPOSE

The Department of Financial Services (Department), an agency of the state of Florida (State), is issuing this Request for Proposal (RFP) to establish a contract for the receipt, management, redistribution, and liquidation of securities assets by establishing a brokerage account in the name of the Department. The solicitation will be administered through the Vendor Bid System (VBS). The submitted Response must comply with the terms and conditions stated in this RFP.

The awarded Respondent will act as the Department’s securities custodian and has the authority to liquidate all securities as directed by the Department. The awarded Respondent will also reissue securities as directed by the Department. The duties of the awarded Respondent will include a transfer of the duties of the current brokerage firm except as modified herein, and any additional duties described herein, in compliance with Chapter 717, Florida Statutes.

The Department intends to enter into a Contract using Attachment A, Standard Contract, which is hereby incorporated by reference. The Department intends to award one Respondent; however, the Department reserves the right to award to one Respondent or multiple Respondents by region, as permitted by section 287.042(13), Florida Statutes (F.S.), or to make no award, as determined to be in the best interest of the State.

1.2 BACKGROUND

The Department is responsible for the administration and enforcement of the Florida Disposition of Unclaimed Property Act (Act), chapter 717, Florida Statutes (F.S.). The Act requires the Department to be custodian of tangible and intangible property reported and remitted as unclaimed property until these assets can be returned to the rightful owners. As part of this Act, the Department is required to receive, manage, redistribute, and liquidate securities assets. The Department receives approximately $50-$75 million in securities assets each year for which it is statutorily responsible. In order to perform these services, the Department must establish a brokerage account.

1.3 TERM

The initial term of the Contract will be three years beginning on the date of execution or May 21, 2022, whichever is later. The Contract may be renewed, in whole or in part, for up to three years in accordance with section 287.057(14), F.S. Renewal(s) will be made at the renewal pricing specified in the Contract.

1.4 DEFINITIONS

The following definitions apply to this RFP 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 authority.

Contract – the agreement that results from this competitive procurement, if any, between the Department and the Respondent identified as providing the Response that is determined to be the most advantageous to the State.

Contractor – the Respondent that will be awarded a Contract pursuant to this solicitation.

Division – the Division of Unclaimed Property.

Respondent – an entity that submits a Response to this RFP.

Response – a formal response to this RFP.

State - The state of Florida.

Vendor Bid System (VBS) - The State’s internet-based vendor information system at http://www.myflorida.com/apps/vbs/vbs_www.main_menu or its successor website, the Vendor Information Portal, located where described on http://www.myflorida.com/apps/vbs/vbs_www.main_menu

Rev. 06/15/18 http://www.myflorida.com/apps/vbs/vbs_www.main_menu. The Department anticipates that the successor website will be used effective March 28, 2022.

If more than one contract is awarded, then the use of the terms “Contract,” “Contractor,” “Response,” and “Respondent,” includes the plural when applicable.

1.5 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:

Becky Hale Government Analyst II 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 her sole discretion may initiate phone calls to Respondents to resolve procedural or administrative issues.

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.

1.6 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).

1.7 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.

1.8 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 http://www.myflorida.com/apps/vbs/vbs_www.main_menu mailto:DFSpurchasing@myfloridacfo.com

Rev. 06/15/18 corporations for business development mentoring. We strongly encourage 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.

1.9 CONVICTED VENDOR LIST

Pursuant to section 287.133(2)(a), F.S., “[a] person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in [section 287.017, F.S.] for CATEGORY TWO for a period of 36 months following the date of being placed on the convicted vendor list.”

1.10 DISCRIMINATORY VENDOR LIST

Pursuant to section 287.134(2)(a), F.S., “[a]n entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity.”

1.11 ANTITRUST VIOLATOR VENDOR LIST

Pursuant to section 287.137(2)(a), “[a] person or an affiliate who has been placed on the antitrust violator vendor list following a conviction or being held civilly liable for an antitrust violation may not submit a bid, proposal, or reply for any new contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply for a new contract with a public entity for the construction or repair of a public building or public work; may not submit a bid, proposal, or reply on new leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a new contract with a public entity; and may not transact new business with a public entity.”

-Remainder of this Page is Intentionally Left Blank-mailto:osdinfo@dms.myflorida.com

Rev. 06/15/18

SECTION 2. RFP PROCESS

2.1 OVERVIEW OF THE RFP

The RFP is a method of competitively soliciting a commodity or contractual service under chapter 287, F.S.

Under this RFP, there will not be a pre-Response conference. Vendors may submit questions regarding this RFP to the Department during the Question and Answer Period.

Respondents must submit Responses by the deadline listed in Section 2.2, Timeline. The Department will open the 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 RFP will be evaluated by the evaluation team. After evaluation, the Procurement Officer will compile the final evaluation scores and add the points awarded for price, as further detailed below. The Department will award the Contract to the responsible and responsive Respondent whose Response is deemed the most advantageous offer to the State based on points awarded, which take into consideration the price and the selection criteria in this RFP.

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 RFP document, the other section of the RFP 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 VBS. It is the Respondent’s responsibility to check VBS on a regular basis for such updates.

Event Event Time Eastern Time

(ET)

Event Date

RFP posted on the VBS. N/A March 28, Deadline to submit questions to Procurement Officer. 5:00 p.m. April 1, 2022

Anticipated date to post answers to Respondents’ questions on VBS. 4:00 p.m. April 8, 2022

Deadline to submit Responses and all required documents to the Department. 4:00 p.m. April 19, 2022

Public Response opening.

Department of Financial Services 200 E. Gaines Street, Larson Building-Room 116 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.: 498-257-393. Attendance at this public opening is not required.

4:15 p.m. April 19, 2022

Anticipated date to post Notice of Intent to Award on VBS. N/A May 3, 2022

Anticipated Contract start date. N/A May 22, 2022

Rev. 06/15/18

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 RFP and its attachments, and any processes described in those documents. If terms included in the Standard Contract are impractical or, for legal or operational reasons, impossible, vendors are encouraged to submit questions regarding the Department’s acceptance of specified alternative terms.

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

CONTAINING QUESTIONS.***

The Department requests that vendors submit questions in the following format:

Question # Vendor Name RFP Section RFP Page # Question

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

The Department will provide an answer to all questions that are timely submitted through an addendum that is posted on the VBS. If modifications are made to the RFP document or attachments, the Department will post the changes in an addendum on the VBS.

2.5 PUBLIC OPENINGS 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.

2.6 ADDENDA TO THE RFP

The Department reserves the right to make changes to this RFP by posting addenda on the VBS. It is the Respondent’s responsibility to check for any posted addenda on the VBS.

2.7 CONTRACT FORMATION

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

The Contract will consist of the of the documents listed under Attachment A, Standard Contract, on this RFP document’s Attachments Table.

The Respondent shall bring any perceived inconsistencies among any of the provisions of the RFP and its attachments 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.

Rev. 06/15/18

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 http://dms.myflorida.com/business_operations/state_purchasing/documents_forms_references_resources/ purchasing_forms.

The Special Instructions are in the remainder of Section 3 of this RFP document. In accordance with Rule 60A-1.002, F.A.C., in the event any conflict exists between the Special Instructions and General Instructions, the Special Instructions will prevail.

Section 3, 5, and 9 of the PUR 1001 are inapplicable and 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 RFP document.

Section 5. Questions Questions shall be submitted in accordance with Section 2.4, Question and Answer Period, of the RFP 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.

Any misstatement may be treated as fraudulent concealment from the Department of the http://dms.myflorida.com/business_operations/state_purchasing/documents_forms_references_resources/purchasing_forms http://dms.myflorida.com/business_operations/state_purchasing/documents_forms_references_resources/purchasing_forms

Rev. 06/15/18 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 B, 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. A Response that meets the mandatory responsiveness requirements listed above is presumed to conform in all material respects to the solicitation. The Department reserves the right to re-evaluate its responsiveness determination at any time during the solicitation.

Rev. 06/15/18

3.3 CONTENTS OF THE RESPONSE

The Department requests that Responses be organized in sections as provided below. See Sections 4.2-4.3 of this RFP for how Responses will be evaluated during the evaluation phase.

3.3.1 Volume 1: General Information

The Department requests that the Respondent:

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 RFP 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 RFP. 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 RFP, 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 RFP document, will be accepted.

C. Award Preferences Form Submit a completed Attachment D, Award Preferences Form. (Refer to Section 5.2, Award Preferences for Identical Evaluation of Responses, for further information on how this from will be used.) A Respondent who fails to submit a completed Attachment D, Award Preferences Form, as part of its Response will be considered to have no award preference if the Department’s evaluation results in two or more Responses receiving an identical highest score.

D. Disclosure of Contract Disputes Submit a completed Attachment E, Description of Contract Disputes Form.

3.3.2 Volume 2: Technical Response

The Respondent should provide the following information:

A. Narrative on Experience and Ability The Respondent should:

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 RFP.

2. Provide an organizational chart and identify the Respondent’s key personnel who will perform or supervise the services solicited by this RFP. 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).

Rev. 06/15/18

3. Provide examples of similar services, provided by the Respondent, to include any financial services that have been provided to the State’s or another state’s unclaimed property program within the last six (6) years. The Department is particularly interested in custodial services to state agencies.

B. Respondent’s Proposed Approach

The Respondent should:

1. Provide its plan for carrying out the brokerage services required by this RFP and specified in Attachment 2, Statement of Work. The Respondent should fully describe its plans for:

a. establishing a brokerage account, enabling the Department to electronically access the

Respondent’s system, and transferring the Department’s Securities from the current custodian to the Respondent;

b. processing the Department’s securities transactions and providing for ongoing account maintenance; and

c. providing the account activity reports specified in Attachment 2, Statement of Work.

2. Provide a detailed and thorough description of the Respondent’s plan for transmitting electronic data to the Department (e.g., by flat file using a generally accepted secure file transfer protocol, by webservice interface, or by an alternative technology if available).

3.3.3 Volume 3: Mandatory Responsiveness Requirements

The Respondent shall:

A. Mandatory Criteria Certification Submit an Attachment B, 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.

B. Price Response Submit a completed Attachment 3, Price Response.

3.4 HOW TO SUBMIT A RESPONSE

The Respondent should submit:

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

• The Respondent should include the originals of any documents required to be signed as part of the

Response. The Respondent must label the cover and spine of the volumes “Original – Volume ____, Binder ____ of ____,” and include the Respondent’s name, and the RFP number.

• Three (3) additional copies of Volumes 1 and 2 of the Response.

• The Respondent should include exact copies of the original Volumes 1 and 2 of the Response. The

Respondent should label the cover and spine of the volumes “Copy # _____, Volume #____, Binder____ of _____,” and include the Respondent’s name, and the RFP number.

• One (1) scanned copy of the entire Response on a CD-ROM or flash drive, with large files scanned as separate .pdf files.

• One (1) REDACTED scanned copy of the Response, if applicable (see Section 3.6, Confidential Response Materials and Redacted Submissions) on a CD-ROM or flash drive. The Respondent must ensure that all metadata has been removed from the files in the redacted copy.

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. 06/15/18

Responses must be delivered in sealed packages to the Department of Financial Services at 200 East Gaines Street, Larson Bldg., Suite 146 – 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 RFP 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 RFP 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 RFP 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 Addendum A, Public Records Requirements, 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.

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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 MINOR IRREGULARITIES

The Department reserves the right to accept, reject, or waive any minor irregularity (including deviations, technicalities, or omissions) if the Department determines that doing so will serve the best interest of the State. At its option, the Department may allow a Respondent to correct any minor irregularity, but the Department is under no obligation to do so. The Department may request that a Respondent provide clarifications to correct any minor irregularity.

3.9 ADDITIONAL INFORMATION

At any time during the solicitation process, the Department may request, and the Respondent must provide, supporting information or documentation. Failure to supply supporting information or documentation as required and requested may result in the disqualification or rejection of the Response.

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 RFP. 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 pursuant to the solicitation.

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Rev. 06/15/18

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 considered for contract award.

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

RFP.

4.3 EVALUATION CRITERIA

Each Response will be evaluated as set forth in the remainder of this Section 4.3, Evaluation Criteria. The Procurement Officer will add a Respondent’s Technical Response Score (as described in 4.3.1) and Price Response Score (as described in 4.3.2) to determine the total points awarded to the Respondent. The total number of points available to a Respondent for this RFP is 180 points.

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 Attachment C, Evaluator Score Sheet. The maximum score for each criterion is set forth in Attachment E, Evaluator Score Sheet. The maximum available score for the evaluation of the Technical Response is 100. 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 Procurement Officer will score Attachment 3, Price Response. Price Responses for the initial contract term will be awarded a maximum of 40 points. Price Responses for the renewal period will also be awarded a maximum of 40 points. A Respondent’s Price Response Score will be determined based on the following formula:

Price Response Score = Total Score for Initial Term + Total Score for Renewal Term

A. Total Score for Initial Term:

The Total Score for Initial Term will be determined based on the following formula:

Total Score for Initial Term = Initial Score for Liquidated Securities Rate + Initial Score for Number of Free Transactions + Initial Score for Transaction Fee

Rate for Liquidated Securities: Maximum Score Available = 25 (Lowest Respondent’s Fixed Rate / Respondent’s Fixed Rate) x (Maximum Score Available) = Initial Score for Liquidated Securities Rate

Number of Free Transactions for Liquidated Securities: Maximum Score Available = 10 (Respondent’s Free Transactions / Greatest Number of Free Transactions Offered) x (Maximum Score Available) = Initial Score for Number of Free Transactions

Transaction Fee During Delayed Liquidation: Maximum Score Available = 5

Rev. 06/15/18

(Lowest Respondent’s Fixed Transaction Fee / Respondent’s Fixed Transaction Fee) x (Maximum Score Available) = Initial Score for Transaction Fee

B. Total Score for Renewal Term:

The Total Score for Initial Term will be determined based on the following formula:

Total Score for Renewal Term = Renewal Score for Liquidated Securities Rate + Renewal Score for Number of Free Transactions + Renewal Score for Transaction Fee

Rate for Liquidated Securities: Maximum Score Available = 25 (Lowest Respondent’s Fixed Rate / Respondent’s Fixed Rate) x (Maximum Score Available) = Renewal Score for Liquidated Securities Rate

Number of Free Transactions for Liquidated Securities: Maximum Score Available = 10 (Respondent’s Free Transactions / Greatest Number of Free Transactions Offered) x (Maximum Score Available) = Renewal Score for Number of Free Transactions

Transaction Fee During Delayed Liquidation: Maximum Score Available = 5 (Lowest Respondent’s Fixed Transaction Fee / Respondent’s Fixed Transaction Fee) x (Maximum Score Available) = Renewal Score for Transaction Fee

Rev. 06/15/18

SECTION 5. AWARD

5.1 BASIS OF AWARD

A Contract may be awarded to the responsible and responsive Respondent that the Department determines will provide the most advantageous offer to the State based on points awarded, which take into consideration the price and the selection criteria in this RFP. The Department reserves the right to award regional contracts for all or for part of the work contemplated by this solicitation or to make no award under this RFP.

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 RFP as deemed necessary during the RFP or after contract award.

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

5.2 AWARD PREFERENCES FOR IDENTICAL EVALUATIONS OF RESPONSES

As used in this Section, the term “Identical Respondents” means the Respondents whose Responses submitted identical lowest bid.

If the Department receives identical lowest bids from Identical Respondents, the Department will apply the information submitted by the Identical Respondents in Attachment D, Award Preferences Form, to award the Contract as follows:

If no Identical Respondent has an Award Preference, the Contract will be awarded to the Identical Respondent who pulls the shortest straw.

If only one Identical Respondent has one or more Award Preference, the Contract will be awarded to the Respondent with one or more Award Preference.

If two or more Identical Respondents have one or more Award Preference, and one or more of those Identical Respondents is a certified veteran business enterprise, the Contract will be awarded to the Identical Respondent with the smallest net worth.

If two or more Identical Respondents have one or more Award Preference, and none of those Identical Respondents is a certified veteran business enterprise, the Contract will be awarded to the Identical Respondent with one or more Award Preference who pulls the shortest straw.

If straws must be pulled to determine the Contract award, the Department will schedule a public meeting through an addendum on the VBS. Representatives from each Identical Respondent who may receive the Contract award as described above will pull a straw on behalf of their Identical Respondents. If a representative from an Identical Respondent who may receive the Contract award as described above is not present, a Department employee will pull a straw on that Identical Respondent’s behalf.

5.3 RECOMMENDATION OF AWARD

The Department will develop a recommendation of award, based on the evaluation team’s scores and price response scores, that will be submitted to the Chief Financial Officer or designee.

5.4 CHIEF FINANCIAL OFFICER’S APPROVAL

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

Rev. 06/15/18

5.5 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 VBS. 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 VBS.

5.6 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.

5.7 EXECUTION OF CONTRACT

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/