_25-84131500-ITN DFS BOR Solicitation Document.pdf

Division of State Purchasing 4050 Esplanade Way, Suite 360

Tallahassee, FL 32399-0950

Ron DeSantis, Governor Pedro Allende, Secretary

INVITATION TO NEGOTIATE

FOR

ITN NO: 25-84131500-ITN

INSURANCE BROKER OF RECORD/REINSURANCE BROKER FOR PROPERTY

INSURANCE, CASUALTY INSURANCE, AND RISK MANAGEMENT

CONSULTING SERVICES

THE STATE OF FLORIDA

DEPARTMENT OF MANAGEMENT SERVICES

ON BEHALF OF THE DEPARTMENT OF FINANCIAL SERVICES,

DIVISION OF RISK MANAGEMENT

Refer ALL Inquiries to:

Jill Soderberg, Procurement Officer

4050 Esplanade Way, Suite 360 Tallahassee, Florida 32399-0950

850-488-7996 jill.soderberg@dms.fl.gov

Failure to file a protest within the time prescribed in section 120.57(3), Florida Statutes (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 an agency decision or intended decision must be timely filed with the Department of Management Services’ 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 seventy-two (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:jill.soderberg@dms.fl.gov mailto:agencyclerk@dms.fl.gov.

ITN NO: 25-84131500-ITN

DFS Broker of Record/Reinsurance Broker for Property Insurance, Casualty Insurance, and Risk Management Consulting Services

Contents

SECTION 1. Introduction

1.1 Solicitation Objective

1.2 Background

1.3 Definitions

1.4 Term

1.5 Questions Being Explored

1.6 Goals of the ITN

1.7 Special Accommodations

1.8 Procurement Officer

1.9 Order of Precedence

1.10 Timeline of Events

SECTION 2. Solicitation Process

2.1 General Overview

2.2 Questions and Answers

2.3 Addenda to the Solicitation

2.4 Public Opening of Responses

2.5 Receipt of Responses

2.5.1 Response Deadline

2.5.2 Clarifications to Response

2.5.3 Respondent Firm Offer

SECTION 3. General AND SPECIAL CONTRACT CONDITIONS

3.1 General Instructions

3.2 Special Instructions

3.3 MFMP Registration and Florida Substitute Form W-9 Process

3.4 How to Access the Sourcing Event in MyFloridaMarketPlace

3.4.1 VIP and Business Network Registration Requirements

3.4.2 MFMP Training

3.4.3 MFMP Assistance

3.5 Response to this ITN

3.5.1 Attachment B, Mandatory Responsive Requirements

3.5.2 Attachment C, Technical Response

DFS Broker of Record/Reinsurance Broker for Property Insurance, Casualty Insurance, and Risk Management Consulting Services

3.5.3 Attachment D, Fee Schedule / Cost Proposal

3.5.4 Attachment G, PUR 7801 Vendor Certification Form

3.5.5 Attachment I, PUR 2023, Provision of Commodities Produced by Forced Labor

3.5.6 Attachment R, Notice of Conflict of Interest

3.5.7 Attachment S, Statement of No Prior Disqualifying Involvement

3.6 Additional Documents to be submitted by Respondent prior to ITN opening

3.6.1 Attachment J, Certification of a Drug Free Workplace

3.6.2 Attachment O, Broker Information

3.6.3 Attachment P, Reference Form

3.7 Disclosure of Response Contents

3.8 Rejection of Replies

3.9 Public Records, Respondent’s Confidential Information, and Redacted Replies

3.10 Withdrawal and Modification of Responses

3.11 Cost of Response Preparation

3.12 Independent Preparation

3.13 Reservations

3.14 Additional Information

SECTION 4. Selection Methodology

4.1 Responsiveness and Responsibility

4.2 Evaluation Criteria and Scoring

4.2.1 Other Department Rights for Evaluation

4.3 Evaluation of the Response

4.4 Methodology for Determining Competitive Range

4.4.1 Fee Schedule/Cost Proposal

4.5 Negotiation Phase

4.5.1 Revised Responses and Best and Final Offers

4.6 Other Department Rights During Negotiations

4.7 Selection Criteria

4.8 Department’s Negotiation Team Recommendation

SECTION 5. Award

5.1 Basis of Award

5.2 Equal Replies

DFS Broker of Record/Reinsurance Broker for Property Insurance, Casualty Insurance, and Risk Management Consulting Services

5.3 Department’s Rights to Reject Responses

5.4 Agency Decision

5.5 Other Reserved Rights

5.6 No Contract until Execution

5.7 Contract Formation

Attachment A Scope of Work Attachment B Mandatory Responsive Requirements Attachment C Technical Response Attachment D Fee Schedule / Cost Proposal Attachment E Terms and Conditions Attachment F PUR 1000 General Contract Conditions Attachment G PUR 7801 Vendor Certification Form Attachment H Draft Contract Attachment I PUR 2023, Provision of Commodities Produced by Forced Labor Attachment J Certification of Drug Free Workplace Attachment K Property Certificates of Coverage Attachment L State of Florida Property Quilt Attachment M Casualty Certificates of Coverage Attachment N Out-of-State Workers’ Compensation Policies Attachment O Broker Information Attachment P Reference Form (Required only if requested) Attachment Q PUR 2024 (Required only if a Respondent is awarded a Contract) Attachment R Notice of Conflict of Interest Attachment S Statement of No Prior Disqualifying Involvement

DFS Broker of Record/Reinsurance Broker for Property Insurance, Casualty Insurance, and Risk Management Consulting Services

SECTION 1. INTRODUCTION

1.1 Solicitation Objective

The Department of Management Services (Department), in concert with, and on behalf of, the Department of Financial Services, Division of Risk Management (Division), pursuant to sections 284.08 and 284.33, Florida Statutes (F.S.), is seeking a vendor to provide Broker of Record/Reinsurance Broker for Property Insurance, Casualty Insurance, and Risk Management Consulting Services. Sections 284.08 and 284.33, F.S., authorize the Division to determine the excess insurance or reinsurance coverage necessary for coverage provided by the Division to state agencies and universities and to purchase reinsurance upon approval by the Division.

1.2 Background

The State of Florida currently holds a contract for Brokerage Services, Contract number 84131500-15- 02, between the State of Florida, acting by and through the Department for the benefit of the Division, and Risk Management Associates, Inc., dba Public Risk Insurance Advisors, a wholly owned subsidiary of Brown & Brown, Inc., a Florida Corporation authorized to do business in the State of Florida.

The current Contract has a total annual spend of $13,857,832 in excess policy premium costs, $225,000 in out-of-state workers’ compensation insurance premiums, as well as an annual Broker Fee of $299,999.

Historical spend is provided for informational purposes only and should not be construed as representing actual, guaranteed, or minimum spend under a Contract.

1.3 Definitions

Definitions contained in section 287.012, Florida Statutes (F.S.); Rule 60A-1.001, Florida Administrative Code (F.A.C.)are incorporated by reference. In the event of a conflict, the definitions listed in this section supersede the incorporated definitions for the purposes of this ITN document. All definitions apply in both their singular and plural sense. Additional definitions applicable to this ITN can be found in Attachment A, Scope of Work, Attachment F, PUR 1000 General Contract Conditions, if any, for other definitions applicable to this ITN.

Best and Final Offer (BAFO) - the Respondent’s best possible offers after initial negotiations have taken place.

Broker or Vendor - An insurance intermediary that holds current and valid Florida resident or nonresident insurance license(s) in the appropriate line of business described in this ITN.

Broker of Record (BOR) - The Contractor awarded the contract as a result of this ITN to manage the

Named Insured policies, evaluate insurance quotes and policies, and recommend changes to existing policies.

Business Day – Monday through Friday, inclusive, from 8:00 a.m. to 5:00 p.m. Eastern Time, except for those holidays specified in section 110.117, F.S.

Business Network – The Business Network (formerly known as Ariba Network) is an online marketplace that connects vendors and buyers for solicitations collaboration and purchasing transactions. A Business

Network account is required to submit responses to electronic solicitations.

Claim - A demand for recovery for loss or damages.

DFS Broker of Record/Reinsurance Broker for Property Insurance, Casualty Insurance, and Risk Management Consulting Services

Commodity Code - The State’s numeric code for classifying commodities and contractual services which meet specific requirements, specifications, terms, and conditions herein. The State has adopted the United

Nations Standard Products and Services Code (UNSPSC) for classifying commodities and services.

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(s) - The Respondent that will be awarded a Contract pursuant to this solicitation.

Department - The Department of Management Services, a State Agency.

Division, Named Insured, or Insured - The Department of Financial Services’ Division of Risk

Management or its successor.

Eligible User – As defined in Rule 60A-1.001, for purposes of this ITN procured pursuant to section 287.022, F.S., only non-Agency state entities with a Department of Financial Services State

Risk Management Trust Fund Certificate are eligible users.

Insurance Policy or Policy - As defined in section 627.402(3), F.S. The parties to the Insurance Policy will be the Department, the Named Insured, the Broker, and the Insurer.

Insurer - As defined in section 624.80(1), F.S. The insurance companies selected by the Broker to provide insurance coverages as described in this ITN. The term ‘Underwriter’ is synonymous with ‘Insurer’ in this procurement.

Invitation to Negotiate (ITN) - This Invitation to Negotiate No. 25-84131500-ITN, including all attachments and addenda to the Invitation to Negotiate.

Policy Expiration - The termination date of an insurance contract.

Policy Inception - The effective date of the Insurance Policy.

Policy Period - The time between the exact hour and date of Policy Inception and the hour and date of

Policy Expiration.

Premium - As defined in section 627.403, F.S.

Response - A Respondent’s formal response to an ITN. Response and Reply are used interchangeably herein.

Respondent - A vendor that submits a Response to this ITN.

State - The State of Florida.

State Risk Management Trust Fund (SRMTF) - As administered by the Department of Financial

Services, Division of Risk Management, the SRMTF provides for property, general liability, automotive

DFS Broker of Record/Reinsurance Broker for Property Insurance, Casualty Insurance, and Risk Management Consulting Services liability, federal civil rights, court-awarded attorney’s fees in certain other proceedings against the state, and workers compensation, as established by Chapter 284, Florida Statutes.

Total Insured Value (TIV) - The Total Insured Value is the sum of the full value of the covered property, business income values, and any other property interests covered by the insurance.

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

1.4 Term

The initial term of the Contract will be five (5) years beginning on the date of execution or October 1, 2025, whichever is later. The Contract may be renewed for up to five (5) years in accordance with section 287.057(14), F.S. Renewal(s) will be made at the renewal pricing specified in the Contract.

1.5 Questions Being Explored

Respondents are not to respond directly to these questions. The Department is seeking a solution (Solution) to the questions being explored in this section. The Department will use the information obtained through this ITN process to assist it in developing its Solution by exploring the following questions:

a. How can the Division and the Contractor efficiently and effectively obtain excess property insurance and/or reinsurance coverage for $31.3 billion in insured values?

b. How can the Division and the Contractor efficiently and effectively obtain out-of-state workers’ compensation insurance for state of Florida employees whose assigned work location is outside of Florida?

c. How can the Division and the Contractor efficiently and effectively obtain additional insurance coverage requested by the Division?

d. How can the Division and the Contractor efficiently and effectively provide claims management and risk management consulting services to State Agencies and Eligible Users?

e. What value propositions can vendors offer today or during the term of the contract that are in the best interest of the State?

1.6 Goals of the ITN

The goals of this ITN are as follows:

a. To meet the Contract objectives as outlined in Attachment A, Scope of Work.

b. To minimize costs while providing the required services to stakeholders.

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

1.7 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).

1.8 Procurement Officer

In accordance with section 21 of the PUR 1001, incorporated by reference below, the Procurement Officer is the sole point of contact for this ITN. Violation of section 21 of the PUR 1001 may be grounds for rejecting a Response. The contact information for the Procurement Officer is:

https://vendor.myfloridamarketplace.com/ mailto:ADA.Coordinator@dms.fl.

DFS Broker of Record/Reinsurance Broker for Property Insurance, Casualty Insurance, and Risk Management Consulting Services

Jill Soderberg, Procurement Officer 4050 Esplanade Way, Suite 360 Tallahassee, Florida 32399-0950 850-488-7996 jill.soderberg@dms.fl.gov

****ALL EMAILS TO THE PROCUREMENT OFFICER SHOULD CONTAIN THE SOLICITATION

NUMBER IN THE SUBJECT LINE OF THE EMAIL****

1.9 Order of Precedence

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

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

b. Attachment A, Scope of Work

c. Attachment C, Technical Response

d. Attachment E, Terms and Conditions

e. Attachment F, PUR 1000 General Contact Conditions

f. Attachment H, Draft Contract

g. This ITN document

h. Other ITN attachments

1.10 Timeline of Events

The table below contains the Timeline of Events for this solicitation. The dates and times within the Timeline of Events are subject to change. It is the responsibility of the Respondent to check for any changes on the Vendor Information Portal (VIP) and in the Business Network.

Respondents shall not rely on the Business Network time clock. It is not the official submission date and time deadline. In the event of a technical malfunction or discrepancy in VIP or in the Business Network, the Timeline of Events listed in the solicitation document shall prevail. The official solicitation dates and time deadlines are reflected in the Timeline of Events.

TIMELINE OF EVENTS

Event Time

(ET)

Event Date

ITN posted to VIP and in the Business Network June 17, 2025

Deadline to submit questions in the Business Network

10:00 AM July 1, 2025

Department’s anticipated posting of answers to Respondent’s questions to VIP and in the Business Network

July 15, 2025

Deadline to submit Response and all required documents in the Business Network

10:00 AM August 1, 2025

Public meeting: Response Opening (non-mandatory)

Department of Management Services 4050 Esplanade Way Tallahassee, FL 32399

2:00 PM

August 1, 2025 mailto:jill.soderberg@dms.fl.gov

DFS Broker of Record/Reinsurance Broker for Property Insurance, Casualty Insurance, and Risk Management Consulting Services

SECTION 2. SOLICITATION PROCESS

2.1 General Overview

The ITN is a method of competitively soliciting contractual services under section 287.057(1)(c), Florida Statutes. This solicitation will be administered through the MyFloridaMarketPlace (MFMP) Vendor Information Portal (VIP). Vendors interested in submitting a Response are to comply with all terms and conditions described in this solicitation. The Department will hold a public opening of the Replies at the date, time, and location provided in the Timeline of Events.

The ITN process is divided into two (2) phases: the evaluation phase and the negotiation phase. The evaluation phase involves the Department’s evaluation of Replies in accordance with this ITN. During this phase, the Department evaluates all Responsive Replies using the assessment scale against all evaluation criteria to establish a competitive range of Replies reasonably susceptible of award. The Department then selects one (1) or more Respondents within the competitive range with which to commence negotiations.

TIMELINE OF EVENTS

Event Time

(ET)

Event Date

Conference Room 101

Virtual Option:

Conference Call # 888-585-9008 Participant Code #145-153-086

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.myflorida.com at least five (5) business days prior to the scheduled event.

Anticipated Evaluation Phase August 11, 2025– August 22, 2025

Anticipated Negotiation Phase September 2, 2025

– September 19, Public Meeting: Negotiation Team Meeting (non-mandatory)

Department of Management Services 4050 Esplanade Way Tallahassee, Florida 32399 Conference Room 101

10:00 AM September 29, 2025

Anticipated date to post Notice of Intent to Award to VIP and in the Business Network

September 29, 2025

Anticipated Contract start date. Upon Execution https://vendor.myfloridamarketplace.com/ mailto:ADA.Coordinator@dms.myflorida.com

DFS Broker of Record/Reinsurance Broker for Property Insurance, Casualty Insurance, and Risk Management Consulting Services

The negotiation phase involves negotiations between the Department and one or more Respondents whose evaluated Replies were determined to be within the competitive range, in accordance with this ITN.

During this phase, the Department may request revised Replies and best and final offers (BAFOs) based on the negotiations.

Once negotiations have concluded and BAFO(s) have been received and reviewed, the Department will hold a negotiation team public meeting to recommend Contract award. The Department intends to post a notice of an Intent to Award Contract, identifying the responsive and responsible vendor that provides the best value to the State based on the selection criteria set forth in Subsection 5.4, Agency Decision, of the

ITN.

Any reservation or listing of reservations of the Department’s rights provided in this ITN is not intended to be exhaustive and shall not be construed to limit the rights of the Department in conducting this procurement.

2.2 Questions and Answers

Vendors will submit all questions in the Business Network by the time and date reflected in the ‘Timeline of Events’ section of this ITN or as revised by addenda. Questions submitted by email, telephone, postal mail, hand delivery, fax, or other means will not be accepted.

All submitted questions should be numbered and include a reference to the section of the ITN and/or the specific attachment to which the question pertains. Questions will not constitute a formal protest of the specifications of the ITN.

The Department’s answers to submitted questions will be posted in VIP and such answers do not themselves constitute an addendum to the solicitation. The Department is not obligated to revise the solicitation or attachments.

2.3 Addenda to the Solicitation

The Department reserves the right to modify this solicitation by issuing addenda posted on VIP. It is the responsibility of the Respondent to check VIP for information and updates throughout the solicitation process and prior to submitting a Response.

2.4 Public Opening of Responses

The Department will open the Responses in a public opening at the date, time, and location indicated in the Timeline of Events section. Respondents are not required to attend. In accordance with section 119.071(1)(b), F.S., the Department will not provide other information regarding the received Responses at the public opening.

2.5 Receipt of Responses

2.5.1 Response Deadline

The Respondent is responsible for submitting its Response to the Department via the Business Network no later than the date and time provided in the Timeline of Events section of this ITN (or as revised by addenda).

2.5.2 Clarifications to Response

No changes, modifications, or additions to the Replies will be allowed after the Replies have been opened, except as negotiated during the negotiation phase. However, the Department reserves the right to seek clarifications from any Respondent at any time.

DFS Broker of Record/Reinsurance Broker for Property Insurance, Casualty Insurance, and Risk Management Consulting Services

2.5.3 Respondent Firm Offer

The Department may enter into a Contract within three hundred and sixty-five (365) calendar days after the date the Notice of Intent to Award is posted, during which period Replies shall remain firm and shall not be withdrawn. If a Contract is not executed within three hundred and sixty-five (365) calendar days, the Replies shall remain firm until either the Contract is executed or the Department receives from a Respondent written notice that the Response is withdrawn.

SECTION 3. GENERAL AND SPECIAL CONTRACT CONDITIONS

3.1 General Instructions

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

https://www.dms.myflorida.com/business_operations/state_purchasing/state_agency_resources/state_p urchasing_pur_forms

3.2 Special Instructions

The following special instructions modify the general instructions provided in the incorporated PUR 1001.

Paragraphs eight (8), ten (10), thirteen (13), seventeen (17), and eighteen (18) of the PUR 1001 are deleted in entirety.

Sections 3, 4, 5, 7, 9, 11, 14, 15, 19, and 20 of the PUR 1001 are inapplicable and are replaced as follows:

3. Electronic Submission of Replies. Replies shall be submitted in accordance with Subsection

3.5 ‘How to Submit a Reply’ of this solicitation.

4. Terms and Conditions. All Replies are subject to the terms of this solicitation, which, in case of conflict, will have the order of precedence listed in the ‘Order of Precedence for Solicitation’ section.

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 Reply or hyperlinked therein. In submitting its Reply, a Respondent agrees that any additional terms or conditions, whether submitted intentionally or inadvertently, shall have no force or effect.

5. Questions. Questions shall be submitted in accordance with Subsection 2.2, Questions and Answers of this solicitation.

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

DFS Broker of Record/Reinsurance Broker for Property Insurance, Casualty Insurance, and Risk Management Consulting Services

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 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.

9. Respondent’s Representation and Authorization. In submitting a Reply, the Respondent certifies that it understands, represents, and acknowledges the following:

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

b. The Respondent currently has no delinquent obligations to the State, including a claim by the

State for liquidated damages under any other contract.

c. The submission is made in good faith and not pursuant to any agreement or discussion with, or inducement from, any entity or person to submit a complementary or other noncompetitive Reply.

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

e. 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 any state or federal law involving a public entity crime (as defined in section 287.133(1)(g), F.S.). This includes disclosure of the names of current employees who were convicted of public entity crimes while in the employ of another company.

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

o 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

DFS Broker of Record/Reinsurance Broker for Property Insurance, Casualty Insurance, and Risk Management Consulting Services 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.

g. The products and services offered by the Respondent conform to the specifications contained herein.

h. The Respondent has read and understands the terms and conditions listed in the Draft Contract, and the submission is made in conformance with those terms and conditions.

i. If an award is made to the Respondent, the Respondent agrees that it will execute a Contract.

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

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

l. All information provided by, and representations made by, the Respondent are material and important and will be relied upon by the Department in awarding the Contract. Any misstatement may be treated as fraudulent concealment from the Department and Customers of the true facts relating to submission of the Reply. A misrepresentation may be punishable under law.

The Department reserves the right to deem the Respondent non-responsive or non-responsible based on any information provided in, or omitted from, the Respondent’s Reply related to the certifications of this section.

11. Performance Qualifications. The Customer reserves the right to investigate or inspect at any time whether the product, qualifications, or facilities offered by the Vendor meet the Term Contract requirements. Vendor shall at all times during the Term Contract term remain responsive and responsible. In determining a Vendor’s responsibility, DMS shall consider all information or evidence which is gathered or comes to the attention of the agency which demonstrates the Vendor’s capability to fully satisfy the requirements of the solicitation and the Term Contract.

A Vendor must be prepared, if requested, to present evidence of experience, ability, and financial standing, as well as a statement as to plant, machinery, and capacity of the respondent for the production, distribution, and servicing of the product bid. If DMS determines that the conditions of the solicitation documents are not complied with, or that the product proposed to be furnished does not meet the specified requirements, or that the qualifications, financial standing, or facilities are not satisfactory, or that performance is untimely, DMS may reject the response or terminate the Term Contract. A Vendor may be disqualified from receiving awards if Vendor, or anyone in Vendor’s employment, has previously failed to perform satisfactorily in connection with public bidding or contracts. This paragraph shall not mean or imply that it is obligatory upon DMS to make an investigation either before or after award of the Term Contract, but should DMS elect to do so, a Vendor is not relieved from fulfilling all Term Contract requirements.

14. Firm Response. The Department intends to make an award within 60 days after the date of the opening, during which period Responses remain firm and shall not be withdrawn. If an award is not made within 60 days, the Response shall remain firm until the Department enters into a Term

DFS Broker of Record/Reinsurance Broker for Property Insurance, Casualty Insurance, and Risk Management Consulting Services

Contract or the Department receives from the Respondent written notice that the Response is withdrawn.

15. Clarifying Information. The Department may request, and Respondent shall provide, clarifying information or documentation. Failure to supply the information or documentation as requested may result in the Reply being deemed non-responsive.

19. Public Records. Section 19 of the PUR 1001 is replaced with Section 3.9 of this ITN.

20. Protests. Any protest concerning this solicitation should be made in accordance with sections 120.57(3) and 287.042(2), F.S., and Rule Chapter 28-110, F.A.C. Any communication not in accordance with these sections or the solicitation, including questions to the Procurement Officer, will not constitute formal notice of a protest.

3.3 MFMP Registration and Florida Substitute Form W-9 Process

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 questions and respond to this solicitation event. For additional information, please visit:

https://vendor.myfloridamarketplace.com

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 Access the Sourcing Event in MyFloridaMarketPlace

3.4.1 VIP and Business Network Registration Requirements

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 questions and respond to the solicitation events.

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 the MFMP Training section below.

b. Once registered in VIP and logged into your company’s VIP account, search for this solicitation from the Advertisements Dashboard and click “Intends to Participate.”

c. The Vendor’s solicitation contact as listed in Vendor’s VIP 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.

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

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, https://flvendor.myfloridacfo.com/

DFS Broker of Record/Reinsurance Broker for Property Insurance, Casualty Insurance, and Risk Management Consulting Services 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 “Preview” or “Open” status.

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

• Preview – The sourcing event is not yet open to receive responses, but registered

Vendors can view the details of the solicitation and submit questions during the “Preview” period.

• 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.

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

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 be completed before a

Vendor can respond to this solicitation, including accepting the Business Network’s Respondent’s Agreement.

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

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

Do not wait until the last minute.

3.4.2 MFMP Training

MFMP University offers Vendor training materials on the Department’s MFMP Vendor Training website.

Please visit:

http://www.dms.myflorida.com/business_operations/state_purchasing/myfloridamarketplace/mfmp_unive rsity/mfmp_u_for_vendors to access the MFMP Vendor Guide for information on VIP registration, commodity codes, and responding to solicitations in the Business Network.

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

DFS Broker of Record/Reinsurance Broker for Property Insurance, Casualty Insurance, and Risk Management Consulting Services

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. Note that specific questions regarding this solicitation must be submitted in accordance with the Question Submission section.

3.5 Response to this ITN

The contents required in the Respondent’s response are as follows:

3.5.1 Attachment B, Mandatory Responsive Requirements

The Respondent must submit a signed Attachment B, Mandatory Responsive Requirements.

The Department will not review Responses from Respondents who do not meet the mandatory responsive requirements listed in Attachment B, Mandatory Responsive Requirements.

3.5.2 Attachment C, Technical Response

The Respondent must submit a completed Attachment C, Technical Response.

3.5.3 Attachment D, Fee Schedule / Cost Proposal

The Respondent must submit a completed Attachment D, Fee Schedule / Cost Proposal. The Department’s Attachment D, Fee Schedule / Cost Proposal, is proposed as a potential method for Respondents to use in submitting their Fee Schedule / Cost Proposals; however, Respondents may use other formats or concepts in proposing their Fee Schedule / Cost Proposals. Respondents may offer creative pricing methods for the Department’s consideration.

3.5.4 Attachment G, PUR 7801 Vendor Certification Form

The Respondent must submit a completed Attachment G, PUR 7801 in accordance with section 287.1346(4)(b), F.S.

3.5.5 Attachment I, PUR 2023, Provision of Commodities Produced by Forced Labor The Respondent must submit a completed Attachment I, PUR 2023 in accordance with section 287.1346(4)(b), F.S.

3.5.6 Attachment R, Notice of Conflict of Interest

The Respondent must complete and submit Attachment R, Notice of Conflict of Interest in compliance with the provisions of Chapter 112, F.S.

3.5.7 Attachment S, Statement of No Prior Disqualifying Involvement The Respondent must complete and submit Attachment S, Statement of No Prior Disqualifying Involvement.

3.6 Additional Documents to be submitted by Respondent prior to ITN opening

3.6.1 Attachment J, Certification of a Drug Free Workplace

The Respondent should complete and submit Attachment J, Certification of a Drug Free Workplace.

3.6.2 Attachment O, Broker Information

The Respondent should complete and submit Attachment O, Broker Information.

mailto:VendorHelp@myfloridamarketplace.com

DFS Broker of Record/Reinsurance Broker for Property Insurance, Casualty Insurance, and Risk Management Consulting Services

3.6.3 Attachment P, Reference Form

The Respondent should complete and submit Attachment P, Reference Form, if requested by the Department.

3.7 Disclosure of Response Contents

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

3.8 Rejection of Replies

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

Replies 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 Replies, references, or current status do not reflect the capability to fully perform the requirements of the Contract and the integrity and reliability to assure a good faith performance may be rejected as non-responsible. The Department reserves the right to determine which Replies 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 by use of the words “shall,” “will,” or “must,” 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 and thereby restricts or stifles competition.

3.9 Public Records, Respondent’s Confidential Information, and Redacted Replies 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 Replies are public records and are subject to disclosure unless exempt from disclosure by law. If the Respondent considers any portion of its Response 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 Response. 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.

On the cover of the redacted copy, the Respondent is to provide its name and the ITN name and number and clearly title it, “Redacted Copy.” Only portions of material that the Respondent claims are Confidential Information are to be redacted.

If the Respondent is invited to negotiations, it will also be incumbent upon the Respondent to identify, in real-time, portions of the Respondent’s negotiation sessions which include references to materials and/or information Respondent claims are Confidential Information.

In accordance with section 119.0701(1)(b), F.S., Replies are exempt from production in response to public records requests until such time as the Department provides notice of an intended decision or until 30 days after opening the final Replies, whichever is earlier. After that time, the Department will provide the redacted copy, if any, in response to a public records request. If the Respondent fails to mark a record it claims contains Confidential Information as “confidential,” or fails to submit a redacted copy in accordance with this section of a record it claims contains Confidential Information, the

DFS Broker of Record/Reinsurance Broker for Property Insurance, Casualty Insurance, and Risk Management Consulting Services

Department shall have no liability for release of such record. The foregoing will apply to every instance in which the Respondent fails to both mark a record “confidential” and redact it in accordance with this section, regardless of whether the Respondent may have properly marked and redacted the same or similar Confidential Information in another instance or record submitted to the Department.

In the event of a request for public records pursuant to Chapter 119, F.S., the Florida Constitution, or other authority, to which documents that are marked as “confidential” are responsive, the Department will provide the redacted copy to the requestor. If the Respondent has marked a record as “confidential” but failed to provide a redacted copy to the Department, the Department may notify the Respondent of the request and the Respondent may have up to ten (10) Business Days from the date of the notice to provide a Respondent-redacted copy, or else the Department may release the unredacted record to the requestor without liability. If a requestor asserts a right to the redacted Confidential Information, the Department will notify the Respondent such an assertion has been made. The notice will provide that if the Respondent seeks to protect the Respondent-redacted Confidential Information from release it must, within thirty (30) days after the date of the notice and at its own expense, file a cause of action seeking a declaratory judgment that the information in question is exempt from section 119.07(1), F.S., or other applicable law and an order prohibiting the Department from publicly disclosing the information. The Respondent shall provide written notice to the Department of any cause of action filed. If the Respondent fails to file a cause of action within thirty (30) days the Department may release the unredacted copy of the record to the requestor without liability.

If the Department becomes subject to a demand for discovery or disclosure of documents that are marked as “confidential” in a legal proceeding, (whether by oral questions, interrogatories, requests for information or documents, subpoena, or similar process), unless otherwise prohibited by law, the Department will give the Respondent notice of the demand or request prior to disclosing any Confidential Information to allow the Respondent to seek a protective order or other appropriate relief at the Respondent’s sole discretion and expense. It will be the Respondent’s responsibility to take the appropriate legal action in response to the demand and to defend its claims of confidentiality. If the Respondent fails to take appropriate and timely action to protect the materials it has designated as Confidential Information, the Department will provide the unredacted materials to the requester.

By submitting a Response, the Respondent agrees to protect, defend, and indemnify the Department for all claims, costs, fines, settlement fees, and attorneys’ fees, at both the trial and appellate levels, arising from or relating to the Respondent’s determination its records contain…