1. DMS-2425-312_MAPD RFP (1).pdf

4050 Esplanade Way Tallahassee, FL 32399-0950

Ron DeSantis, Governor Pedro Allende, Secretary

REQUEST FOR PROPOSAL (RFP)

FOR

MEDICARE ADVANTAGE AND PRESCRIPTION DRUG PLAN(S)

RFP NO: DMS-24/25-312

THE STATE OF FLORIDA

DEPARTMENT OF MANAGEMENT SERVICES

Refer ALL inquiries to:

Procurement Officer:

Caitlen Boles Departmental Purchasing

State of Florida, Department of Management Services 4050 Esplanade Way, Suite 260

Tallahassee, FL 32399-0950 Email: DMS.Purchasing@dms.fl.gov

Failure to file a protest within the time prescribed in section 120.57(3), Florida Statutes (F.S.) (as altered by section 110.123(3)(d)4, 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.

Any protest concerning this agency decision or intended decision must be timely filed with the Agency Clerk. Protests may be filed by courier, hand delivery, or regular mail at: Department of Management Services, Office of the General Counsel, Attention: Agency Clerk, 4050 Esplanade Way, Suite 160, Tallahassee, Florida 32399-0950. Protests may also be filed by fax at 850-922- 6312, or by email at agencyclerk@dms.fl.gov. It is the filing party's responsibility to meet all filing deadlines.

NOTICE PURSUANT TO SUBSECTION 287.057(25), F.S.

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.

mailto:DMS.Purchasing@dms.fl.gov mailto:agencyclerk@dms.fl.gov

RFP No.: DMS-24/25-312 Medicare Advantage and Prescription Drug Plan(s) Page 2 of 36

TABLE OF CONTENTS

Section 1. INTRODUCTION

1.1. Purpose

1.2. Definitions

1.3. Background

1.4. Special Accommodations

1.5. Procurement Officer

1.6. Timeline of Events

1.7. Order of Precedence for Solicitation

1.8. Notice of Intent to Submit a Proposal and Data Use Agreement

Section 2. SOLICITATION PROCESS

2.1. Questions and Answers

2.2. Addenda to the Solicitation

2.3. Public Opening

2.4. Respondents Mandatory Responsiveness Requirements

2.5. Contract Formation

2.6. Modification or Withdrawal of Proposal

2.7. Supplier Development

Section 3. GENERAL INSTRUCTIONS

3.1. General Instructions

3.2. Special Instructions

3.3. MFMP Registration and Florida Substitute Form W-9 Process

3.4. How to Submit a Proposal

3.5 Contents of Proposal

3.6. Rejection of Proposals

3.7. Public Records, Respondent’s Confidential Information, and Redacted Proposals

3.8. Subcontracting

Section 4. SELECTION METHODOLOGY

4.1. Determination of Proposals Responsiveness for Evaluation

4.3 Evaluation of the Proposal

4.4 Final Selection and Notice of Intent to Award

4.5 Rights for Award

4.6 Posting Notice of Intent to Award

4.7 Other Reserved Rights

4.8 No Contract until Execution

Section 5. MINIMUM QUALIFICATIONS

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FORMS:

FORM 1 - CONTACT INFORMATION

FORM 2 - NOTICE OF CONFLICT OF INTEREST

FORM 3 - STATEMENT OF NO PRIOR DISQUALIFYING INVOLVEMENT

FORM 4 – FOREIGN COUNTRY OF CONCERN ATTESTATION

FORM 5 – SUBCONTRACTING FORM

FORM 6 – MANDATORY RESPONSIVE REQUIREMENTS

ATTACHMENTS:

ATTACHMENT A – ADMINISTRATIVE REQUIREMENTS

ATTACHMENT B – PERFORMANCE GUARANTEES

ATTACHMENT C – COVERED BENEFITS AND SERVICES

ATTACHMENT D – ENROLLMENT FILE LAYOUT AND SCHEDULE

ATTACHMENT E – REPORTING AND DELIVERABLES

ATTACHMENT F – TECHNICAL REPLY

ATTACHMENT G – COST PROPOSAL

ATTACHMENT H – DATA USE AGREEMENT

ATTACHMENT I – CENSUS FILE

ATTACHMENT J – PUR 7801, VENDOR CERTIFICATION FORM

ATTACHMENT K – DRAFT CONTRACT

ATTACHMENT L – PRIVACY, SECURITY, AND CONFIDENTIALITY BUSINESS

ASSOCIATE AGREEMENT

Medicare Advantage and Prescription Drug Plan(s) Page 4 of 36

Section 1. INTRODUCTION

1.1. Purpose

The State of Florida (State), Department of Management Services (Department), Division of State Group Insurance (DSGI), seeks to establish through this Request for Proposal (RFP) a contract or contracts for fully-insured Health Maintenance Organization (HMO) and Preferred Provider Organization (PPO) Medicare Advantage and Prescription Drug plan(s) (“MA-PD” or “Plan(s)”), as further described in Attachment A, Administrative Requirements. The Department anticipates an Implementation Date of January 1, 2026.

The estimated annual contract amount is $8,000,000.00; the estimated annual contract amount is subject to change and is dependent upon legislative appropriation.

This solicitation will be administered through the Business Network within MyFloridaMarketPlace (MFMP) and the Vendor Information Portal (VIP). Vendors interested in submitting a Proposal must register for a Business Network account and comply with all solicitation terms and conditions.

1.2. Definitions

Capitalized terms used in this RFP and its attachments have the meaning ascribed in this section 1.2. Defined terms in Attachment K, Draft Contract, PUR 1000, PUR 1001, and section 287.012, Florida Statutes (F.S.), are incorporated herein by reference. In addition to those terms, the following terms have the meanings ascribed below. In the event of a conflict in definitions, the definitions listed in this section supersede the incorporated definitions for the purposes of this RFP document. All definitions apply in both their singular and plural sense.

Business Day: Any day of the week excluding weekends and holidays observed by State agencies pursuant to subsection 110.117(1)(a)-(j), F.S.

Calendar Day: Any day in a month, including weekends and holidays.

Claim(s): An application for payment of or reimbursement for health care expenses incurred by Members, which is filed in accordance with the Center for Medicare & Medicaid Services (CMS) and Respondent.

Confidential Information: Information in the possession or under control of the State or Vendor that is exempt from public disclosure pursuant to section 24, Article I of the Constitution of the State; the Public Records Law, Chapter 119, F.S.; or to any other Florida law or federal law or regulation that serves to exempt information from public disclosure.

Contract: The binding agreement(s) that results from this competitive procurement, if any, between the Department and a Respondent.

Department: The Florida Department of Management Services.

Division: The Department’s Division of State Group Insurance.

Eligible Dependents: Enrolled dependents of Enrollees, as defined by Rule 60P- 1.003(8), Florida Administrative Code (F.A.C.).

Medicare Advantage and Prescription Drug Plan(s) Page 5 of 36

Enrollee: Those persons as defined in subsection 110.123(2)(c), F.S., who meet Medicare eligibility requirements for MA-PD plans.

Implementation Date: January 1, 2026, at 12:00 A.M., Eastern Time, the first date Services are provided to Members.

Invoice: The billing statement provided by the Contractor to the Department for reimbursement of Services.

Member: An Enrollee subscribed to the Plan and his or her enrolled dependents.

MyFloridaMarketPlace (MFMP): The State’s eProcurement system. MFMP is accessible using the following URL:

https://www.dms.myflorida.com/business_operations/state_purchasing/myfloridamarketp lace.

Participant: An Enrollee subscribed to the Plan and his or her enrolled dependents.

Plan(s): The Medicare Advantage Prescription insurance coverages offered through the Department, as authorized in section 110.123, F.S.

Plan Year: The calendar year (January 1st through December 31st).

Portfolio: The Respondent’s written Technical Proposal in response to Attachment F.

Program: The Department of Management Services, State Group Insurance.

Proposal: The document(s) submitted by a Respondent in response to this RFP. The term Proposal is used interchangeably with response.

PUR 1000: The standard “General Contract Conditions” Form PUR1000 (07/24), as incorporated by reference in Rule 60A-1.002(7), F.A.C., and can be accessed at:

https://dms-media.ccplatform.net/content/download/2933/file/PUR%201000%20%28General%20Co ntract%20Conditions%29.pdf

PUR 1001: The standard “General Instructions to Respondents” Form PUR 1001 (10/06), as incorporated by reference in Rule 60A-1.002(7), F.A.C., and can be accessed at:

https://dms-media.ccplatform.net/content/download/2934/file/PUR%201001%20General%20Instructi ons%20to%20Respondents.pdf

Respondent: A vendor who submits a Proposal to the RFP.

RFP: Request for Proposals No. DMS-24/25-312, Medicare Advantage and Prescription Drug Plan(s), including all attachments and addenda to the Request for Proposals.

https://www.dms.myflorida.com/business_operations/state_purchasing/myfloridamarketplace https://www.dms.myflorida.com/business_operations/state_purchasing/myfloridamarketplace https://dms-media.ccplatform.net/content/download/2933/file/PUR%201000%20%28General%20Contract%20Conditions%29.pdf https://dms-media.ccplatform.net/content/download/2933/file/PUR%201000%20%28General%20Contract%20Conditions%29.pdf https://dms-media.ccplatform.net/content/download/2933/file/PUR%201000%20%28General%20Contract%20Conditions%29.pdf https://dms-media.ccplatform.net/content/download/2934/file/PUR%201001%20General%20Instructions%20to%20Respondents.pdf https://dms-media.ccplatform.net/content/download/2934/file/PUR%201001%20General%20Instructions%20to%20Respondents.pdf https://dms-media.ccplatform.net/content/download/2934/file/PUR%201001%20General%20Instructions%20to%20Respondents.pdf

Medicare Advantage and Prescription Drug Plan(s) Page 6 of 36

Services: Services to be performed by the Contractor as specified in the resultant Contract. The term “Services” includes, but is not limited to, any unspecified service that is inherent in proper delivery of a specified Service.

State: The State of Florida.

Subcontractor: The Vendor’s subcontractors that deliver the Services required by the Contract. The term “Subcontractor” does not include healthcare providers.

Vendor Information Portal (VIP): The State’s bidding system developed in accordance with section 287.042(3)(b)2, F.S. Access VIP using the following URL:

https://vendor.myfloridamarketplace.com.

1.3. Background

The State of Florida, through the Department of Management Services (Department), administers the State Group Insurance Program (Program) as authorized in section 110.123, This Program offers comprehensive insurance benefits, including health, life, dental, and other supplemental coverage to eligible State employees, retirees, COBRA participants, and their dependents.

Through this RFP, the Department seeks to establish a Contract(s) for the administration of fully insured Medicare Advantage and Prescription Drug (MA-PD) plans. Since January 1, 2020, the Program has offered MA-PD coverage through three (3) contracts. These MA-PD plans include both HMO and PPO models, providing medical and prescription drug benefits in a coordinated, fully insured arrangement. As of February 2025, there were 3,622 Members enrolled in MA-PD plans out of 25,192 total Medicare-eligible retirees.

Medicare-eligible retirees pay the full premium for their coverage. MA-PD prescription drug benefits are administered directly by the plan vendors using CMS-approved formularies.

The current MA-PD plans have remained unchanged in benefit design since their implementation.

MA-PD plan enrollment as of February 2025 is shown below:

MA-PD Plan Enrollment

Tier Description Subscriber Dependents Members

Tier I

One Medicare eligible Member

1,936 0 1,936

Tier II

One Medicare eligible Member + an ineligible Member

0 0 0

Tier III

Two Medicare eligible Members

842 844 1,686

Total Members 3,622 https://vendor.myfloridamarketplace.com/

Medicare Advantage and Prescription Drug Plan(s) Page 7 of 36

The State will continue to offer MA-PD plans alongside existing self-insured and fully insured health plan options for Medicare retirees. Other current plan types include self-funded PPO and HMO-style plans, as well as a Medicare-specific plan administered by Capital Health Plan. These additional options provide a range of benefit structures (e.g., standard and high-deductible) and are funded through State resources.

Sixteen (16) Florida counties are not currently covered by an HMO MA-PD. These counties include: Brevard, Dixie, Gulf, Gilchrist, Hamilton, Hendry, Holmes, Jackson, Lafayette, Levy, Madison, Monroe, Suwannee, Taylor, Union, and Washington.

Enrollment in MA-PD and other retiree health plans is handled through People First, the State’s outsourced human resource administrator and system of record for eligibility.

Retirees may enroll during initial eligibility or the annual open enrollment period, with coverage beginning January 1 of the following Plan Year.

Comparable benefits and coverage expectations are outlined in Attachment C: Covered Benefits and Services. Additional plan information is available at:

https://www.mybenefits.myflorida.com/myhealth/medicare_advantage_and_prescription_ drug.

The chart below illustrates premium amounts for the 2025 Plan Year.

1.4. Special Accommodations

Any person requiring a special accommodation due to a disability should contact the Department’s Americans with Disabilities Act (ADA) Coordinator at (850) 922-7535, or ADA.Coordinator@dms.fl.gov. Requests for accommodation 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 ADA Coordinator by using the Florida Relay Service at (800)

955-8771 (TDD).

1.5. Procurement Officer

The Procurement Officer is the sole point of contact for this procurement. Direct all contact with the Department to the Procurement Officer in writing by email.

https://www.mybenefits.myflorida.com/myhealth/medicare_advantage_and_prescription_drug https://www.mybenefits.myflorida.com/myhealth/medicare_advantage_and_prescription_drug mailto:ADA.Coordinator@dms.fl.gov

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Caitlen Boles Departmental Purchasing Florida Department of Management Services 4050 Esplanade Way, Suite 260 Tallahassee, FL 32399-0950 Email: DMS.Purchasing@dms.fl.gov

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

PROCUREMENT OFFICER***

If a Respondent claims that any portion of an email is trade secret under section 812.081, F.S., or otherwise confidential under Florida or Federal Law, the Respondent is to place the word “Confidential” in the subject line. (See also subsection 3.7 of this RFP for more information on Confidential Information.)

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

1.6. Timeline of Events

The table below contains the anticipated Timeline of Events for this RFP. The dates and times within the Timeline of Events are subject to change. It is the Respondent’s responsibility to check the Vendor Information Portal (VIP) for any changes. The Respondent is responsible for ensuring the Department receives all required documentation by the dates and times (Eastern Time) specified below (or as revised by addenda).

TIMELINE OF EVENTS

Event Time

(ET)

Event Date

RFP posted on the VIP - June 3, 2025

Vendor deadline to submit Attachment H – Data Use Agreement to the Procurement Officer via email to DMS.Purchasing@dms.fl.gov

5:00 PM June 11, 2025

Department’s anticipated date of providing Attachment I

– Census File via a secure download link - June 12, 2025

Deadline to submit questions to the Procurement Officer 5:00 PM June 19, 2025

Department’s anticipated posting of answers to Respondent questions on VIP - June 26, 2025

Deadline to submit Proposal and all mandatory responsiveness requirements in MFMP 2:00 PM July 9, 2025 mailto:DMS.Purchasing@dms.fl.gov https://vendor.myfloridamarketplace.com/ https://vendor.myfloridamarketplace.com/

Medicare Advantage and Prescription Drug Plan(s) Page 9 of 36

TIMELINE OF EVENTS

Event Time

(ET)

Event Date

Public Opening

-In Person- Conference Room 260K 4050 Esplanade Way Tallahassee, Florida 32399-0950

-Teleconference- Conference call phone number: 1.888.585.9008 Conference room number: 380-031-285

3:00 PM July 9, 2025

Anticipated Evaluation Phase - July 14, 2025 – July 28, 2025

Anticipated date to post Notice of Intent to Award on VIP - August 4, 2025

Anticipated Contract Implementation Date - January 1, 2026

1.7. Order of Precedence for Solicitation

In the event of a conflict between the documents comprising this RFP, the conflict will be resolved in the following order of priority (highest to lowest):

a) Addenda to RFP, if issued (in reverse order of issuance)

b) Attachment G, Cost Proposal

c) This RFP document

d) Attachment K, Draft Contract (which includes all documents referenced in section

2 of the Draft Contract)

e) Other RFP attachments

1.8. Notice of Intent to Submit a Proposal and Data Use Agreement To be eligible to submit a Proposal to this RFP, Respondents must obtain the Attachment I – Census File directly from the Procurement Officer to complete Attachment G – Cost Proposal. The Census File contains certain protected health information and data (Protected Health Information).

To obtain this file and data, Respondents must submit a fully completed copy of

Attachment H – Data Use Agreement to the Procurement Officer, by email at DMS.Purchasing@dms.fl.gov, by the time and date indicated in section 1.6, Timeline of Events. The Department will not accept any modifications to this form. The Vendor warrants and represents that it intends to submit a Proposal to the RFP by submitting a completed Attachment H – Data Use Agreement. A Respondent whose Data Use Agreement is not received by the Procurement Officer on or before the due date indicated in the Timeline of Events section will be deemed non-responsive by the Department.

Medicare Advantage and Prescription Drug Plan(s) Page 10 of 36

Once the Department receives a fully executed Attachment H – Data Use Agreement by the deadline specified in Section 1.6 – Timeline of Events, Attachment I – Census File will be provided via a secure download link. The Department will send the download link to the email address provided by the Vendor in Attachment H - Data Use Agreement after the submission due date in the Timeline of Events.

To access the files, Vendors must verify their email address by receiving and entering a verification code sent to that same email. Please note: the verification email may be filtered into spam or junk folders.

The Attachment I – Census File provides a listing of current Medicare-eligible members enrolled in a MA-PD plan through the State. The file includes general demographic and plan enrollment information.

Vendors who receive these files but do not submit a Proposal to the RFP must permanently destroy all copies of Attachment I – Census File by the Proposal due date.

Additionally, the Vendor must submit a complete Access List and a certification confirming compliance with this destruction requirement to the Procurement Officer by that same deadline. (See Attachment H – Data Use Agreement for details.)

Section 2.SOLICITATION PROCESS

2.1. Questions and Answers

Vendors will submit all questions during the Questions and Answers period in writing to the Procurement Officer via email. Questions submitted by telephone, postal mail, hand delivery, or fax will not be accepted. The deadline for submission of questions is reflected in the Timeline of Events.

The Department requests that all questions have the RFP number in the subject line of the email. Questions are requested to be submitted in the following format:

Respondent Name Attachment Tab Question # Question

Questions and answers will not constitute a basis for formal protest of the specifications of the RFP. The Department’s answers to written questions will be posted in MFMP and VIP. The Department will not be bound by, and Respondents shall not rely on any representations outside of this Questions and Answers process.

2.2. Addenda to the Solicitation

The Department reserves the right to modify this RFP by issuing one or more addenda posted on the VIP. It is the responsibility of the Respondent to check the VIP for information and updates.

2.3. Public Opening

Proposals will be opened on the date and at the location indicated in the Timeline of Events, of this RFP. No changes, modifications, or additions to the Proposals will be allowed after the Proposals have been opened. Respondents are not required to attend

Medicare Advantage and Prescription Drug Plan(s) Page 11 of 36 the public opening. The Department does not announce prices or release other materials at this public meeting, in accordance with section 119.071(1)(b), F.S.

2.4. Respondents Mandatory Responsiveness Requirements

The Department will not review Proposals from Respondents who do not meet the mandatory responsiveness requirements listed on the Mandatory Responsiveness Requirements Form, including the submission of additional documents therein and the signed form.

At any time during the RFP process, the Department may require the Respondent to submit documentation to demonstrate that it meets these mandatory responsiveness requirements. If the Respondent cannot produce sufficient documentation to demonstrate that it meets these mandatory responsiveness requirements, the Respondent will be deemed non-responsive.

The Department will perform an initial responsiveness check. Proposals found to be non-responsive will not be considered for award. The Department reserves the right to act upon information discovered during and after the initial responsiveness check impacting the responsibility or responsiveness of the Respondent.

The Department will only consider electronic Proposals submitted through the Business Network. Vendors must ‘Join’ the MFMP event in VIP to be able to submit a Proposal.

Proposals must be submitted by the date and time specified in Section 1.6, Timeline of Events. The Department will not consider late Proposals.

2.5. Contract Formation

The Department may issue a “Notice of Intent to Award” to award Contract(s) to a successful Respondent. However, no contract shall be formed between the Respondent and the Department until both parties sign the Contract. The Department shall not be liable for any work performed before the Contract is effective.

The Department intends to enter into the Contract with a Respondent pursuant to section 4.4.1, Award Selection, of this RFP. No additional documents submitted by a Respondent shall be incorporated in the Contract unless they are specifically identified and approved by the Department. A copy of the Draft Contract is attached as Attachment K.

Respondents are not permitted to red line, modify, or alter any provisions of the Draft Contract. Any attempted changes will be disregarded by the Department and will not be considered during the evaluation process. The Draft Contract and its attachments do not need to be returned with the Proposal.

2.6. Modification or Withdrawal of Proposal

Respondents are responsible for the content and accuracy of their Proposals. A Respondent may modify or withdraw its Proposal in MFMP Sourcing at any time prior to the Proposal due date and time set forth in the Timeline of Events of this RFP.

2.7. Supplier Development

Office of Supplier Development. The State of Florida supports its business community by creating opportunities for business enterprises to participate in procurements and contracts. The Department encourages supplier development through certain

Medicare Advantage and Prescription Drug Plan(s) Page 12 of 36 certifications and provides advocacy, outreach, and networking through regional business events. For additional information, please contact the Office of Supplier Development (OSD) at OSDHelp@dms.fl.gov.

Reporting Certified Business Enterprises. Upon request, the Contractor shall provide the Department with a report detailing expenditures with business enterprises certified by the OSD. Each report must specify the reporting period, the name and vendor identification details of each utilized business enterprise, the commodities and contractual services provided, and the total amount paid to each business enterprise during the period.

Section 3.GENERAL INSTRUCTIONS

3.1. General Instructions

In accordance with Rule 60A-1.002(7), F.A.C., Form PUR 1001, General Instructions to Respondents, is incorporated by reference into this RFP and can be accessed at: State of Florida (ccplatform.net).

3.2. Special Instructions

The following special instructions modify the general instructions provided in the incorporated PUR 1001. The terms of this RFP control over any conflicting terms of the

PUR 1001.

Paragraphs eight (8), seventeen (17), and eighteen (18) of PUR 1001 are inapplicable in their entirety.

Paragraph thirteen (13) and paragraph nineteen (19) of the PUR 1001 are replaced in subsections 4.6 and 3.7 respectively below. Paragraphs three (3), four (4), five (5), seven (7), nine (9), fourteen (14), fifteen (15), and twenty (20) of PUR 1001 are inapplicable and are replaced as follows:

Section 3. Electronic Submission of Offers

Proposals shall be submitted in accordance with section 3.4, How to Submit a Proposal, of this RFP.

Section 4. Terms and Conditions.

All Proposals are subject to the terms of this solicitation, which, in case of conflict, will have the order of precedence listed in section 1.7, Order of Precedence, of this RFP.

The Department will not accept any unrequested terms or conditions submitted by a Respondent, including any appearing in documents attached as part of a Respondent’s Proposal or hyperlinked therein. In submitting its Proposal, a Respondent agrees that any additional terms or conditions, whether submitted intentionally or inadvertently, shall have no force or effect.

https://dms-media.ccplatform.net/content/download/2934/file/PUR%201001%20General%20Instructions%20to%20Respondents.pdf https://dms-media.ccplatform.net/content/download/2934/file/PUR%201001%20General%20Instructions%20to%20Respondents.pdf

Medicare Advantage and Prescription Drug Plan(s) Page 13 of 36

Section 5. Questions

Questions shall be submitted in accordance with section 2.1, Questions and Answers, of this RFP.

Section 7. Convicted Vendor, Discriminatory Vendor, Antitrust Violator Vendor, and Forced Labor Lists.

a. Convicted Vendor List.

Pursuant to section 287.133, 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.

b. Discriminatory Vendor List.

Pursuant to section 287.134, F.S., an 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.

c. Antitrust Violator Vendor List.

Pursuant to section 287.137, F.S., 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.

d. Forced Labor Vendor List

Pursuant to section 287.1346, F.S., a company placed on the Forced Labor Vendor List may not submit a bid, proposal, or reply on a contract to provide commodities to an agency; be awarded a contract or perform work as a contractor, supplier, subcontractor, or consultant with an agency for the provision of commodities; or transact business for the provision of commodities with an agency. Additionally, an agency may not accept a bid, proposal, or reply from; award a contract to; or transact business pertaining to the

Medicare Advantage and Prescription Drug Plan(s) Page 14 of 36 provision of commodities with a company on the forced labor vendor list, or an entity under the control of such company, for a period of 365 days after the date the company was placed on the list unless the company is removed from the list pursuant to section 287.1346(5)(d), F.S.

Section 9. Respondent’s Representation and Authorization.

In submitting a Proposal, each Respondent certifies that it understands, represents, and acknowledges the following:

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

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

• The submission 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 Proposal.

• Unless requested by the Department, the Proposal, prices, and amounts submitted by a Respondent at any time during the RFP process have been arrived at independently and without consultation, communication, or agreement with any other Respondent or potential Respondent; the contents of a Proposal, the prices and the amounts, actual or approximate, have not been disclosed to any other Respondent or potential Respondent, and they will not be disclosed before the RFP opening.

• The Respondent has fully informed the Department in writing of all convictions of the

Respondent, its affiliates (as defined in section 287.133(1)(a), F.S.), and all directors, officers, and employees of the Respondent 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 a public entity crime (as defined in section 287.133(1)(g), F.S.) including but not limited to crimes involving fraud, bribery, collusion, conspiracy or material misrepresentation with respect to a public contract.

This written disclosure requirement 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:

• Is presently indicted or, within the preceding three years, has been convicted or found guilty of, or found civilly liable 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

Medicare Advantage and Prescription Drug Plan(s) Page 15 of 36

• Has within a three-year period preceding this certification had one or more federal, state, or local government contracts terminated for cause or default.

• The products and services offered by the Respondent conform to the specifications contained herein without exception.

• The Respondent has read and understands the Contract terms and conditions included in Attachment K, Draft Contract, and the submission is made in conformance with those 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 negotiated during the RFP process.

• The Respondent has made a diligent inquiry of its employees and agents responsible for preparing, approving, or submitting its Proposal, 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 Proposal.

• 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 the Respondent’s Proposal (including any errors therein).

• All information provided by, and representations made by, the Respondent are material and important and will be relied upon by the Department in awarding a Contract. Any misrepresentation shall be treated as fraudulent concealment from the Department of the true facts relating to submission of the Proposal.

Misrepresentation may be punishable under law.

• If at any point during the procurement, circumstances change so that any of the above acknowledgements are no longer true, Respondent will notify the Procurement Officer as soon as practicable. The Department reserves the right to deem the Respondent non-responsive or not responsible based on any information provided in, or omitted from, the Respondent’s Proposal related to the certifications of this section.

Section 14. Firm Response

The Department may make an award within three hundred and sixty-five (365) days after the date of the opening, during which period Proposals shall remain firm and shall not be withdrawn. If award is not made within three hundred and sixty-five (365) days, the Proposal shall remain firm until the Department enters into a Contract or the Department receives from the Respondent written notice that the Proposal is withdrawn.

Section 15. Clarifying Information

No changes or modifications to the Proposals will be allowed after the Proposals have been opened, except as negotiated during the negotiation phase. However, the Department reserves the right to seek clarifications or additional information from any Respondent at any time. Failure to supply the information or documentation as requested may result in the Proposal being deemed non-responsive.

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Section 20. Protests

Any protest concerning this RFP shall be made in accordance with section 120.57(3), F.S., as modified by section 110.123(3)(d)4, F.S. and Rule Chapter 28-110, F.A.C. Any communication not in accordance with these sections or the RFP, including questions to the Procurement Officer, shall not constitute a formal protest.

3.3. MFMP Registration and Florida Substitute Form W-9 Process

a. The awarded Respondent, if any, must register in MFMP prior to Contract execution. For additional information, please visit:

https://vendor.myfloridamarketplace.com

b. The awarded Respondent, if any, will be required to pay the required MFMP transaction fee(s) as specified in Section 7 of the PUR 1000, unless an exemption has been requested and approved in accordance with Rule 60A-1.031, F.A.C.

c. The awarded Respondent, if any, must complete a Florida Substitute Form W-9 prior to Contract execution. The Internal Revenue Service receives and validates the information provided on the Florida Substitute Form W-9. For instructions on how to complete the Florida Substitute Form W- 9, please visit:

https://flvendor.myfloridacfo.com/.

3.4. How to Submit a Proposal

3.4.1. MFMP Registration

A vendor must be registered in the MyFloridaMarketPlace (MFMP) Vendor Information Portal (VIP) to submit its intent to participate in this solicitation from the Advertisements Dashboard in VIP. A vendor must also be registered in the Business Network (formerly known as Ariba Network) to submit a Proposal for this solicitation event.

To participate in this solicitation, a vendor must:

a) Create an account through VIP at https://vendor.myfloridamarketplace.com, if not already registered. For information on how to register in VIP, access MFMP training materials using the link in Section 3.4.2, MFMP Training, below.

b) Once registered in VIP, search for this solicitation from the Advertisements Dashboard and click “Intends to Participate.”

c) The vendor’s solicitation contact, as listed in the vendor’s MFMP account, will receive an invitation to participate in the solicitation via email. This email will give the option to register the vendor’s company on the Business Network or to log into the Business Network using the vendor’s credentials if the vendor already has a Business Network account. NOTE: It may take up to an hour to receive the invitation to participate email after clicking “Intends to Participate”. Vendors whose solicitation contact has not received the invitation email should contact the MFMP Customer Service Desk as specified in Section 3.4.3, MFMP Assistance.

If a vendor is NOT registered in the Business Network, the vendor must:

https://flvendor.myfloridacfo.com/

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a) Register in the Business Network using the provided link received after selecting “Intends to Participate” in VIP. The vendor must follow the registration wizard to fill in all required sections, read, and agree to the MFMP terms of use by checking the box, and click “Register” to complete the registration process.

1) The vendor’s contact will receive an email from the Business Network confirming the registration of the vendor’s account. To activate the vendor’s account, select the “Click here to activate your Ariba account” link. This will direct the vendor to the Business Network welcome page.

If a vendor is registered in the Business Network and has selected it Intends to Participate in this solicitation:

a) Login using the login credentials to gain access to the Business Network home page.

b) To navigate to different tools, select the “Business Network” drop down menu at the top left-hand corner of the screen. To access sourcing (solicitation) events select “Ariba Proposals & Questionnaires” and review the “Events” list.

c) Review the “Events” list for the title of this solicitation’s sourcing event.

1) The sourcing event will either be displayed in the “Open” or “Preview” status.

A sourcing event can appear in various statuses based on where the solicitation is in the procurement process. The possible statuses are defined below:

• Completed - The sourcing event is no longer receiving submissions for the solicitation and an agency decision has been posted on VIP

• Open – The sourcing event is currently open for viewing and registered vendors may respond to the solicitation

• Pending Selection – The sourcing event is no longer receiving submissions for the solicitation, but an agency decision has not yet been posted on VIP

• Preview – The sourcing event has not yet been opened to receive responses, but the details of the solicitation can be viewed by registered vendors

d) Click the sourcing event title to review the details of the event.

e) In the Event Details page, there is a “Checklist” of steps which must completed before a vendor can respond to this solicitation, including accepting the Ariba Network’s Respondent’s Agreement.

For more information on reviewing and submitting a response, access MFMP training materials using the MFMP Training below.

ALL VENDORS MUST SELECT ‘INTENDS TO PARTICIPATE’ IN VIP AND SUBMIT

THEIR RESPONSE AND ALL REQUIRED DOCUMENTS IN THE BUSINESS

NETWORK BY THE TIME AND DATE LISTED IN THE TIMELINE OF EVENTS IN

ORDER TO PARTICIPATE IN THIS SOLICITATION.

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NOTE: Changes made in VIP, including new registrations, may take up to 48 hours to take effect.

3.4.2. MFMP Training

MFMP University offers Vendor training materials on the Department’s MFMP Vendor Training website. To access the MFMP Vendor Guide for information on VIP registration, commodity codes, and respond to solicitations in the Business Network, visit:

http://www.dms.myflorida.com/business_operations/state_purchasing/myfloridamark etplace/mfmp_university/mfmp_u_for_vendors.

3.4.3. MFMP Assistance

If you need assistance with using MFMP, please contact the MFMP Customer Service Desk at 866-352-3776 or VendorHelp@myfloridamarketplace.com. The MFMP Customer Service Desk cannot answer questions about the RFP content. All solicitation questions must be submitted in accordance with Section 2.1, Questions and Answers.

3.5. Contents of Proposal

The Respondent’s Proposal may not contain any conditions or exceptions to any aspect of the solicitation and any such conditions or exceptions will not be considered in evaluating the Respondent’s Proposal. The only recognized changes to this RFP prior to the opening of Proposals will be by written addenda issued by the Department. All electronic documents should be searchable to the fullest extent practicable. Do not incorporate or reference dynamic links that are external to the Proposal documents. If the Respondent deems it necessary to provide website references, provide screen shots in lieu of weblinks. References to dynamic links (Universal Resource Locators) will not be considered as part of the Respondent’s Proposal.

Respondents must complete each section entirely or the Respondent may be deemed non-responsive. Proposals are to be organized in sections as directed below. Submit a Proposal in accordance with Section 3.4, How to Submit a Proposal.

3.5.1. Tab 1 – Cover Letter (PDF)

Upload a PDF document containing a cover letter on the Respondent’s letterhead with the information listed below as part of the Proposal.

a) Company name and physical address

b) Primary location(s) from where the work will be performed

c) Contact information for Respondent’s primary point of contact, including phone number and email address

d) Federal Employer Identification (FEID) Number

3.5.2. Tab 2 – Completed Forms (PDF)

Complete and upload the following forms in their entirety as individual unprotected PDF documents as part of the Proposal. Such forms shall not be scored.

https://www.dms.myflorida.com/business_operations/state_purchasing/myfloridamarketplace/mfmp_university/mfmp_u_for_vendors https://www.dms.myflorida.com/business_operations/state_purchasing/myfloridamarketplace/mfmp_university/mfmp_u_for_vendors mailto:VendorHelp@myfloridamarketplace.com

Medicare Advantage and Prescription Drug Plan(s) Page 19 of 36

• Contact Information Form

• Notice of No Conflict of Interest

• Statement of No Prior Disqualifying Involvement

• Foreign Country of Concern Attestation

• Subcontracting Form

• Mandatory Responsiveness Requirements Form

Note: All forms requiring signature may be completed by the Respondent using either electronic or wet-ink signature.

3.5.3. Tab 3 – Executive Summary (PDF)

The Respondent shall condense and highlight the contents of the Proposal to the RFP to include a general description regarding how the Respondent intends to offer the service being sought herein. Upload the Executive Summary as an unprotected PDF as part of the Proposal.

3.5.4. Tab 4 – Technical Proposal (PDF and Excel)

The Respondent shall submit a Portfolio as part of the Proposal responding to each of the Technical Questions listed in Attachment F, including details regarding the proposed plan to meet all requirements set forth in Attachment A, Administrative Requirements. Portfolios shall restate each Technical Question and provide the Respondent's response below the item. Responses should be in at least 11-point type using Calibri, Arial, or Times New Roman font. Responses should be professional, clear and concise, and shall not exceed 100 pages in length. Where requested by the applicable technical question, samples of communication materials and examples of reports included in the Portfolio will count toward the total page limit. The evaluators will not evaluate any pages beyond the 100th page. Upload the Portfolio as an unprotected PDF as part of the Proposal.

In addition, the Respondent shall complete and upload Attachment F as an Excel file (.xlsx), which identifies in column D the Portfolio page numbers corresponding to each Technical Question.

The Department reserves the right to remove page 101 and onward for Portfolios exceeding the 100-page limit prior to sending Proposals to the evaluation team.

3.5.5. Tab 5 – Cost Proposal (Excel)

Complete Attachment G, Cost Proposal, according to the instructions in Attachment G and submit the Cost Proposal workbook with a response to each of the spreadsheets (Spreadsheet G-2 – G-4). Submit the final electronic version of the Cost Proposal in its original Excel file format (.xlsx) with the Excel workbook intact. Do not add additional spreadsheets to the workbook or separate the spreadsheets to submit them as separate attachments.

Complete the Cost Proposal spreadsheets in its entirety and upload as an Excel document as part of the RFP response.

Medicare Advantage and Prescription Drug Plan(s) Page 20 of 36

3.5.6. Tab 6 – Additional Information (Optional)

The Department is interested in any value-added Services or products that the Respondent can include to supplement, enhance, and complement the Services included in Attachment A, Administrative Requirements, that can be offered without additional cost. These value-added Services and products are not vital to the completion of the core Services for this RFP and are options provided in conjunction with the that complement core Service offerings.

The Department reserves the right to request additional explanations or documentation of any Value-Added Services or products the Respondent proposes to provide to the Department.

The information submitted in this section will not be evaluated or scored by the Department during the evaluation phase of the RFP, nor will these items be used to determine Respondent responsiveness.

These Value-Added Services or products are intended to be at no cost to the Department.

3.5.7. Tab 7 – Confidential Information (Optional)

Should any portion of the Respondent’s Proposal contain Confidential Information, the Respondent shall submit one copy of the entire Proposal with all Confidential Information redacted. Redactions shall be provided in accordance with Section 3.7, Public Records, Respondent’s Confidential Information, and Redacted Proposals.

Respondents will not be penalized for failing to submit a redacted copy. However, the Department intends to respond to public records requests with redacted copies in accordance with Section 3.7, Public Records, Respondent’s Confidential Information, and Redacted Proposals.

3.6. Rejection of Proposals

The Department may reject any Proposal not submitted in the manner specified by this solicitation.

Proposals that do not meet all requirements, specifications, terms, and conditions of the solicitation or fail to provide all required information, documents, or materials may be rejected as non-responsive. Respondents whose Proposals, references, 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 non-responsible. The Department reserves the right to determine which Proposals meet the requirements of this solicitation and which Respondents are Responsive and Responsible. The Department is placing vendors on notice of the prohibitions against considering social, political, or ideological interests in government contracting contained in section 287.05701, F.S.

In this solicitation, the words “should” or “may” indicate desirable attributes or conditions but are permissive in nature. Where language indicates that the attribute or condition is mandatory, the Department still reserves the right to waive any minor irregularity if the Department determines that it is in the best interest of the State to do so.

A deviation from a requirement or condition is material if, in the Department’s discretion, it provides a substantial advantage to one Respondent over another.

Medicare Advantage and Prescription Drug Plan(s) Page 21 of 36

3.7. Public Records, Respondent’s Confidential Information, and Redacted Proposals The following replaces section 19 of the PUR 1001 Form, General Instructions to Respondents:

Article 1, section 24, Florida Constitution, guarantees every person access to all public records, and section 119.011, F.S., provides a broad definition of “public record.” As such, the entirety of the Proposals are public records and are subject to disclosure unless exempt from disclosure by law. If the Respondent considers any portion of its Proposal to be Confidential Information, the Respondent is to mark the document as “confidential” and simultaneously provide the Department with a separate, redacted copy of its Proposal.

For each portion redacted, the Respondent is to briefly describe in writing the grounds for claiming exemption, including the specific statutory citation for such exemption.