2425-01 RFP RM - Complete RFP.pdf

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

State of Florida

Department of Financial Services

Request for Proposals (RFP) Number: 2425-01 RFP RM

Structured Settlement Services

Procurement Officer:

Chrisy Smith

Deputy Purchasing Director 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 # 2425-01 RFP RM

Rev. 03/14/2022

TABLE OF CONTENTS

SECTION 1. Introduction

SECTION 2. RFP Process

SECTION 3. Response Instructions

SECTION 4. Selection Methodology

SECTION 5. Award

Appendices

Letter

Name

Attachment Sub-components, If Any

To Be Completed and Returned

Attached for

Reference Only

A Standard Contract Contract Signature Page

Attachment 1, Special Contract Conditions

Attachment 2, Statement of Work

Attachment 3, PUR 1000, General Contact Conditions

Attachment 4, Data Security Requirements

Attachment 5, Relevant Portions of Contractor’s Response (This document is not yet available.)

Attachment 6, Mandatory Criteria Certification Form

B Questions Template

C Evaluator Score Sheet

D Award Preferences Form

E Description of Contract Disputes Form

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SECTION 1. INTRODUCTION

1.1 Purpose

The Department of Financial Services, Division of Risk Management (“Division”), requires a consultant to act as its agent of record for structured settlement services pertaining to Statewide Workers’ Compensation and Liability claims as part of the self-insurance program the Division administers pursuant to Chapter 284, Florida Statutes (F.S.). The administration of the purchase of annuities to pay claims under a structured settlement program requires coordination of activities and information between the Division and a structured settlement consultant/agent of record (“Contractor”).

The Division has an existing contract for the provision of a Medicare Set-Aside (MSA) program in conjunction with the processing and adjustment of State of Florida employee workers’ compensation claims. Because an MSA could affect the total amount of a settlement, the Contractor shall not provide contracted Medicare Set-Aside services for the Division due to the potential for conflict of interest.

As the Division’s agent of record, the Contractor shall provide quotes for single premium direct annuities from life insurance companies meeting the financial criteria established herein. The following guidelines are intended to ensure that the Contractor provides: 1) the highest quality service to the State;

2) the most cost-effective means of purchasing annuities for the State; and 3) assurance that the benefits or obligations as detailed in the settlements or stipulations resolving each claim are being correctly funded by State purchase of the annuity.

The Division is funded annually on a cash flow basis; therefore, the program must be conservative in its claim settlement approach to ensure sufficient funding. The Division will utilize structured settlements of claims when doing so saves substantial costs and causes no impairment to the Division’s ability to pay all obligations.

The estimated number of claims that may be assigned to the Contractor for structured settlement consideration is a total of ten (10) claims per year. The Division shall not be obligated to ensure this number, nor any number of claims that are assigned to the Contractor under this Contract. The table below provides historical information on the number and dollar amounts of structured settlements performed under the Division’s prior contract for these services:

Contract Period

Total # Structured Settlements Performed for the Division

Total Dollar Amount of all Structured

Settlements Performed for the

Division

Average Structured Settlement

Dollar Amount

06/15 – 07/16 12 $704,013.49 $58,667.79 06/17 – 07/18 2 $123,903.00 $61,951.50 06/19 - 07/20 3 $182,023.00 $60,674.33 06/21 – 07/22 1 $38,421.00 $38,421.00 06/23 – 07/24 9 $2,327,167.58 $258,574.18

The Department intends to enter into a Contract using Appendix A, Standard Contract, which is hereby incorporated by reference. The Department intends to award the Contract as provided in Section 5, Award, of this solicitation document.

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1.2 Term

The initial term of the Contract will be five (5) years beginning on the date of execution or May 26, 2025, whichever is later. The Contract may be renewed, in whole or in part, for up to five (5) years in accordance with section 287.057(14), F.S.

1.3 Definitions

The following definitions apply to this RFP document:

Business Days – Monday through Friday, inclusive, except for State government holidays and Department office closures.

Calendar Days - All days, including weekends and holidays. With respect to due dates for Deliverables, if the last day counted falls on a weekend or holiday, the due date will be the next Business Day thereafter.

Claimant - An entity or individual that claims damages against a covered State agency or university, or an employee that claims Workers’ Compensation benefits from a covered State agency or university.

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

Contract – The agreement that results from this competitive solicitation, if any, between the Department and the awarded Respondent.

Contractor – The selected Respondent that executes the Contract with the Department pursuant to this RFP.

Department – The Florida Department of Financial Services, an agency of the state of Florida.

Division of Risk Management (Division) – The division of the Department of Financial Services responsible for oversight of the Contract.

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

Response – A formal response to this solicitation.

State - The state of Florida.

Subcontractor – A third party that has contracted with the Contractor to perform any of the services specified in the Contract.

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

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

1.4 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.

https://vendor.myfloridamarketplace.com/

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The Procurement Officer is:

Chrisy Smith Deputy Purchasing Director

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.

1.5 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).

1.6 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.

1.7 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 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 mailto:DFSpurchasing@myfloridacfo.com mailto:osdinfo@dms.myflorida.com

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

1.8 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.”

1.9 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.”

1.10 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.”

1.11 Scrutinized Companies.

In accordance with the requirements of section 287.135, F.S., the Contractor certifies that it is not participating in a boycott of Israel. At the Department’s option, the Contract may be terminated if the Contractor is placed on the Quarterly List of Scrutinized Companies that Boycott Israel (referred to in statute as the “Scrutinized Companies that Boycott Israel List”) or becomes engaged in a boycott of Israel.

The State Board of Administration maintains the “Quarterly List of Scrutinized Companies that Boycott Israel” at the following link: https://www.sbafla.com/reporting/ and selecting, “Scrutinized List of Prohibited Companies” for the most current version.

-Remainder of Page Intentionally Left Blank-https://www.sbafla.com/reporting/

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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 described further in Section 2.4 below.

Respondents must submit Responses by the deadline listed in Section 2.2, Timeline. The Department will open Responses at a public opening. After the public opening, the Procurement Officer will review Responses in accordance with Section 4.1, Review of Mandatory Responsiveness Requirements.

Responses that the Procurement Officer determines are responsive to the RFP will be evaluated by the evaluation team. After evaluation, the Procurement Officer will compile the final evaluation scores as further detailed below. If the Department awards a Contract resulting from this RFP, the Department will award the Contract to the responsible and responsive Respondent whose Response is deemed the most advantageous to the State based upon the criteria set forth in the RFP, as determined by total points awarded (i.e., the highest scoring Respondent).

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

Event Event Time Eastern Time

(ET)

Event Date

RFP posted on the VIP. 2:00 PM 02/12/2025

Deadline to submit questions to Procurement Officer. 5:00 PM 02/19/2025

Anticipated date to post answers to Respondents’ questions on VIP. N/A 03/04/2025

Deadline to submit Responses and all required documents to the Department.

**Please note, electronic Responses will not be accepted. Submit Responses in accordance with Section 3.4 below.**

2:00 PM 03/25/2025

Public Response opening.

Department of Financial Services 200 E. Gaines Street, Larson Building Tallahassee, FL, 32399

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

2:15 PM 03/25/2025

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 appendices, and any processes described in those documents. If terms included in Appendix A, Standard Contract, are impractical or, for legal or operational reasons, impossible, vendors must submit a question requesting modification of the Standard Contract terms, and the Department will issue an addendum to this RFP if such modifications are acceptable to the Department.

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

CONTAINING QUESTIONS.***

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

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

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

2.5 Public Opening of Responses

The Department will open the Responses in a public opening at the date, time, and location noted in Section 2.2, Timeline. Please note, the public opening will also be conducted via conference call as stated in Section 2.2, Timeline.

2.6 Addenda to the RFP

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

2.7 Contract Formation

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

The Contract will consist of the of the documents listed under Appendix A, Standard Contract, in this RFP document’s Appendices Table.

The Respondent shall bring any perceived inconsistencies among any of the provisions of the RFP and its appendices to the attention of the Department prior to the submission of its Response. At any time

Event Event Time Eastern Time

(ET)

Event Date

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

Anticipated date to post Notice of Intent to Award on VIP. N/A 04/08/2025

Anticipated Contract start date. N/A 05/26/2025

Rev. 03/14/2022 during the solicitation, the Department may specifically identify and incorporate by reference any additional documents which are to be incorporated into the Contract.

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SECTION 3. RESPONSE INSTRUCTIONS

3.1 Instructions to Respondents

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

The PUR 1001 can be accessed at https://www.dms.myflorida.com/business_operations/state_purchasing/state_agency_resources/state_ purchasing_pur_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 13 of the PUR 1001 is replaced by Section 5.3 of the RFP. Sections 3, 5, and 9 of the PUR 1001 are replaced with the following:

Section 3. Electronic Submission of Responses.

Responses shall be submitted in accordance with Section 3.4, How to Submit a Response, of the 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 Respondent will conform to this RFP; Attachment 2, Statement of Work; and all attachments and addenda without exception or caveat.

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

Rev. 03/14/2022 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 this Contract award.

The mandatory responsiveness requirements are as follows:

1. The Response must include a completed Attachment 6, 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.

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

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 primary location at which the work will be performed.

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

4. 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 Appendix 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 Appendix 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. Contract Disputes Form

Submit a complete Appendix E, Contract Disputes Form.

3.3.2 Volume 2: Technical Response

A. Narrative on Experience and Ability

Submit a narrative that:

1. Provides the Respondent’s prior relevant experience with providing Structured

Settlement Services.

2. Demonstrates the Respondent’s ability to effectively administer, manage, and support the services sought in this RFP.

3. Provides the Respondent’s organizational chart.

4. Provides examples of Respondent’s previous or current provision of similar services sought by this RFP.

B. Respondent’s Proposed Approach The Respondent should submit the following:

1. Provide its Continuity of Operations Plan (COOP) to continue to provide the services sought in this RFP in the event of a natural disaster, computer virus attack, network communication loss, pandemic, or loss of electrical supply.

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2. Identification of key personnel, including biographies describing the background, experience, and qualifications for each member.

3. The Respondent shall fully describe its plan for carrying out the services described in the Statement of Work.

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

a. The Respondent’s overall experience in providing structured settlement services similar to those described in this RFP.

b. The Respondent’s knowledge of and experience in providing structured settlement services similar to those described in this RFP to Florida government entities.

c. Documentation demonstrating that the Respondent is a member in good standing with the National Structured Settlements Trade Association, and the length of time the Respondent has been a member of that association.

d. The method and format by which the Respondent will submit structured settlement proposals to the Division, and the proposed content to the proposals.

5. Provide a detailed and thorough description of the Respondent’s approach to working with the Division to perform the structured settlement services as described in this RFP.

6. The Respondent shall provide list of all annuity/insurance carriers licensed in Florida that it currently represents, including those it anticipates representing by the anticipated Contract execution date. At a minimum, this listing shall include:

a. Name of each annuity/insurance carrier.

b. Main location/address of each annuity/insurance carrier.

c. Effective date of the Respondent’s affiliation with each annuity/insurance carrier.

d. Financial rating of each annuity/insurance carrier, preferably A.M. Best, the effective date of the financial rating, and documentation demonstrating that the annuity/insurance carriers meet the criteria of the Uniform Periodic Payments of Judgement Act.

3.3.3 Volume 3: Mandatory Responsiveness Requirements

A. Mandatory Criteria Certification Submit an Attachment 6, 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.

Additionally, Respondents must complete the Vendor Certification Form (beginning on page 2 of the Mandatory Criteria Certification Form) by choosing the appropriate “Vendor Indicator” from the dropdown menu. Respondents must also complete and submit any attestations associated with the requirements of the Vendor Certification Form.

3.4 How to Submit a Response

Submit the following:

• 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.

• Four (4) additional copies of Volume 2 of the Response.

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• The Respondent should include exact copies of the original Volume 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 flash drive. DO NOT PASSWORD PROTECT

AND/OR ENCRIPT THE ELECTRONIC FILES.

• One (1) REDACTED scanned copy of the Response, if applicable (see Section 3.6, Confidential Response Materials and Redacted Submissions) on a 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.

Responses must be delivered in sealed packages to the Department of Financial Services at 200 East Gaines Street, Larson Building, Suite 545 – Office of Purchasing and Contractual Services, Tallahassee, Florida 32399-0347, by the deadline listed in the Timeline in Section 2.2, Timeline. The Respondent must clearly label the outside of the sealed packages with the 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.

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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 Attachment 4, PUR 1000, General Contract Conditions, 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.

3.6.2 Respondent’s Obligations to Defend its Claims

The Department is not obligated to agree with a Respondent’s claim of exemption or Confidential Information. By submitting a Response, the Respondent agrees to defend its claim that each and every portion of its redactions is exempt from inspection and copying under Florida’s Public Records Law. By submitting a Response, the Respondent agrees to protect, defend, and indemnify the Department for any and all claims arising from or relating to the Respondent’s determination that the redacted portions of its Response are Confidential Information or otherwise not subject to disclosure. The Department may use the counsel of its choosing to defend any such claims, and the Respondent shall promptly pay the Department’s invoices for legal services on a monthly basis for all costs and expenses, including legal fees, incurred in defending such claims.

3.7 Withdrawal and Modification of Responses

The Respondent may modify its Response at any time prior to the submittal deadline by submitting a request to the Procurement Officer. A submitted Response may be withdrawn from consideration by the Department if the Respondent submits a signed, written request for withdrawal to the Procurement Officer within seventy-two (72) hours after the deadline for Response submittal.

3.8 Reservations

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

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

2. Accept or reject any Response at any time.

3. Terminate evaluation of any Response at any time.

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

5. Waive minor informalities or irregularities in Responses.

3.9 Additional Information

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

Rev. 03/14/2022

SECTION 4. SELECTION METHODOLOGY

4.1 Review of Mandatory Responsiveness Requirements

The Procurement Officer will review each Response to determine whether the Response satisfies the requirements of Section 3.2, Mandatory Responsiveness Requirements. Only those Responses that meet the mandatory responsiveness requirements will be evaluated. A Respondent who submits Response that does not satisfy the requirements of Section 3.2, Mandatory Responsiveness Requirements, will be deemed non-responsive and will not be scored.

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 total number of points available to a Respondent for this RFP is 200 points. The total points awarded for each Respondent will be used to determine the final ranking of Respondents.

4.3.1 Evaluation of Technical Response

Each evaluation team member will independently evaluate each Respondent’s Volume 2, Technical Response, against the evaluation criteria set forth in Appendix C, Evaluator Score Sheet. The maximum available points for the evaluation of the Technical Response is 200 points.

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

Rev. 03/14/2022

SECTION 5. AWARD

5.1 Basis of Award

If the Department awards a Contract resulting from this RFP, the Department will award the Contract to the responsible and responsive Respondent whose Response is deemed most advantageous to the State based upon the criteria set forth in the RFP, as determined by total points awarded (i.e., the highest scoring Respondent). The Department intends to award one (1) contract resulting from this RFP but reserves the right to award multiple contracts by region(s) or to make no award.

The Department reserves the right to determine which Responses are responsive at any time during the solicitation. The Department may reject a Response, if it fails to demonstrate the Respondent has the capability, integrity, or reliability to fully and in good faith perform the requirements of the Contract.

See section 287.012(25), F.S., and section 287.057(1)(b)4., F.S.

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

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

5.2 Award Preferences for Identical Evaluations of Responses

As used in this Section, the term “Identical Respondents” means the Respondents whose Responses have the same total score.

If Identical Respondents exist, the Department will apply the information submitted by the Identical Respondents in Appendix D, Award Preferences Form, to award the Contract as follows:

If no Identical Respondent has an Award Preference, the effected Respondents’ names will be placed in a container for the Department’s Procurement Officer to randomly select the Respondent for award of the Contract.

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 an Identical Respondent’s Award Preference includes being a certified minority business enterprise as defined in section 288.703, F.S., the Contract will be awarded to that Identical Respondent. If two or more Identical Respondents are certified minority business enterprises, the Contract will be awarded to the Identical Respondent with more additional Award Preferences as defined by statute. If Identical Respondents have the same number of Award Preferences, including as certified minority business enterprises, the Department will award the Contract to the Identical Respondent with the smallest net worth.

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 effected Respondents’ names will be placed in a container for the Department’s Procurement Officer to randomly select the Respondent for award of the Contract.

Rev. 03/14/2022

If the Procurement Officer must draw names from a container to determine the Respondent for award of the Contract, the Department will notice a public meeting through an addendum on the VIP for the Procurement Officer to draw a name.

5.3 Agency Decision

The Department intends to award the Contract to the responsive and responsible Respondent whose Response receives the highest total score for the evaluation criteria described in the RFP. The Department’s intended decision will be posted on the Florida Vendor Information Portal at https://vendor.myfloridamarketplace.com/ on the date specified in the Timeline (as may be modified by any subsequent Addenda) and will remain posted for a period of seventy-two (72) hours. Any Respondent who is adversely affected by the Department’s recommendation award or intended decision must file the following with the Department of Financial Services, Agency Clerk, Office of the General Counsel, 200 E. Gaines Street, Tallahassee, FL or DFSAgencyClerk@myfloridacfo.com:

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

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

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

Additionally, if the Department decides to reject all Responses at any time during the solicitation, the Department will post a notice to that effect on the VIP.

5.4 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 7, unless an exemption has been requested and approved prior to the award of the Contract pursuant to Rule 60A-1.031, F.A.C.

5.5 Execution of Contract

Unless otherwise agreed by the Department, the awarded Respondent must sign the Contract within seven (7) calendar days of receipt of the Contract for execution, unless there is an automatic stay triggered by the filing of a formal protest. If a formal protest is timely filed, the time to sign the Contract will be tolled. The Department reserves the right to withdraw its Notice of Intent to Award if the Contract is not timely signed, if it determines that it is in the best interest of the State to do so. The Department also reserves the right to award to the Respondent ranked second if the Department does not receive a timely signed Contract from the awarded Respondent.

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

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

APPENDIX A

Standard Contract

Contract Signature Page v2024.11.19 Page 1 of 2

STATE OF FLORIDA

DEPARTMENT OF FINANCIAL SERVICES

Contract Title: Structured Settlement Services Contract No.: TBD

P.O. No. or Solicitation No.: 2425-01 RFP RM

THIS CONTRACT (“Contract”) is entered into between the State of Florida, Department of Financial Services, located at 200 East Gaines Street, Tallahassee, FL 32399, (hereinafter called the “Department”) and [Contractor’s Name], located at [Contractor’s Address], (hereinafter called the “Contractor”), collectively referred to herein as the “Parties.” The Parties agree as follows:

1. Entire Contract.

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

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

2. Contract Term.

Effective Date Completion Date Renewals May 26, 2025, or the date last signed under section 8., Execution, whichever is later.

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

May be renewed up to five (5) years.

3. Contract Price.

Price of Contract Term Price of Renewals Total Contract Price

(Contract Term plus Renewals) N/A N/A N/A

4. Appropriation.

N/A

5. Bonds.

Performance Bonds (if any) Other Bonds (if any) N/A N/A

6. Order of Precedence.

The Parties agree to comply with the terms and conditions of the following documents which are hereby incorporated by reference. If there is any discrepancy between Attachment 2, Statement of Work, and any incorporated portions of the Contract that were provided by the Contractor, the terms most favorable to the Department will prevail. If there are conflicting provisions among the documents that make up the Contract, the order of precedence for the documents is as follows:

Priority No. Attachment Document Title Description

1. N/A Contract Signature Page This Contract document.

2. Attachment 2 Statement of Work Parties’ tasks and responsibilities under the Contract.

3. Attachment 1 Special Contract Conditions Department’s additional terms and conditions.

4. Attachment 4 Data Security Requirements Department’s data, infrastructure, and cybersecurity standards.

v2024.11.19 Page 2 of 2

5. Attachment 3 PUR 1000, General Contract Conditions Form PUR 1000 (07/2024), incorporated in Rule 60A-1.002, F.A.C.

6. Attachment 5 Contractor’s Response Collection of the relevant portions of Contractor’s response.

7. Attachment 6 Mandatory Criteria Certification Form Collection of relevant attestation forms and checklists.

7. Contract Management.

The Parties agree to utilize the named Contract Managers below:

Department’s Contract Manager Contractor’s Contract Manager Name: [Insert] Name: [Insert]

Address: [Insert] Address: [Insert] Phone: [Insert] Phone: [Insert] Email: [Insert] Email: [Insert]

8. Execution.

IN WITNESS WHEREOF, this Contract is being executed by the undersigned officials as duly authorized. This Contract is not valid and binding on the Parties until signed and dated by all Parties and will not begin until the Effective Date.

State of Florida, Department of Financial Services

DEPARTMENT

[Insert]

CONTRACTOR

AUTHORIZED SIGNATURE

AUTHORIZED SIGNATURE

PRINTED NAME OF SIGNER

PRINTED NAME OF SIGNER

TITLE OF SIGNER

TITLE OF SIGNER

DATE SIGNED

DATE SIGNED

Attachment 1, Special Contract Conditions v2024.11.19 Page 1 of 10

STATE OF FLORIDA

DEPARTMENT OF FINANCIAL SERVICES

ATTACHMENT 1

Special Contract Conditions

1. Notices.

All notices referenced in this Contract must be obtained from the Parties' Contract Managers or their designees if designated in writing. Where the term “written notice” is used to specify a notice requirement herein, said notice will be deemed to have been given (i) when personally delivered; (ii) when transmitted via facsimile (with confirmation of receipt) or email (with confirmation of receipt), provided the sender on the same day sends a confirming copy of such notice by a recognized overnight delivery service (charges prepaid); (iii) the day following the day (except if not a Business Day then the next Business Day) on which the same has been delivered prepaid to a recognized overnight delivery service; or (iv) shall be deemed received on the date…