_DMS-2223-174 Group Term Life Insurance_RFP.pdf

4050 Esplanade Way Tallahassee, FL 32399-0950

Ron DeSantis, Governor

Pedro Allende, Secretary

STATE OF FLORIDA

DEPARTMENT OF MANAGEMENT SERVICES

DIVISION OF STATE GROUP INSURANCE

REQUEST FOR PROPOSALS

FOR

GROUP TERM LIFE INSURANCE

RFP NO.: DMS-22/23-174

Refer ALL Inquiries to:

Reflacher Maddox, Procurement Officer

Departmental Purchasing Department of Management Services

4050 Esplanade Way, Suite 260 Tallahassee, FL 32399-0950

DMS.Purchasing@dms.myflorida.com

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

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

NOTICE PURSUANT TO SECTION 287.057(25), FLORIDA STATUTES

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

RFP No.: DMS-22/23-174 Group Term Life Insurance Page 2 of 29

Table of Contents Section 1 INTRODUCTION

1.1 Solicitation Objective

1.2 Term

1.3 Definitions

1.4 Overview of the State Group Insurance Program

1.5 Timeline of Events

1.6 Notice of Intent to Submit a Proposal and Data Use Agreement

1.7 Special Accommodations

1.8 Procurement Officer

Section 2 SOLICITATION PROCESS

2.1 General Overview

2.2 Questions and Answers

2.3 Addenda to the Solicitation

2.4 Public Opening

2.5 Respondent Mandatory Responsiveness Requirements

2.6 Contract Formation

2.7 Modification or Withdrawal of Proposal

2.8 Commitment to Diversity

2.9 Use of Proposal Contents

2.10 Protests

2.10.1 Time Limits for Filing Protests

2.10.2 Bond Must Accompany Protest

2.10.3 Filing a Protest

Section 3 GENERAL AND SPECIAL INSTRUCTIONS

3.1 General Instructions

3.2 Special Instructions

3.3 MyFloridaMarketPlace (MFMP) Registration

3.4 Florida Substitute Form W-9 Process

3.5 How to Submit a Proposal

3.6 Contents of Proposal

3.7 Public Records, Respondent’s Confidential Information, and Redacted Proposals .. 18

3.8 Price Sheet Instructions

3.9 Subcontracting

Section 4 SELECTION METHODOLOGY

4.1 Determination of Proposals’ Responsiveness for Evaluation

4.2 Evaluation Criteria

4.3 Evaluation of the Proposal

4.3.1 Scoring of Technical Proposals (35 Points)

4.3.2 Scoring of Attachment B: Price Sheets (65 Points)

4.3.3 Aggregating Technical Questions, and Price Sheet Scores

4.4 Basis of Award

4.5 Equal Proposals

4.6 Proposal Disqualification

Section 5 AWARD

5.1 Rights for Award

5.2 Agency Decision

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PURCHASING FORMS:

FORM 1 – MANDATORY RESPONSIVENESS REQUIREMENTS

FORM 2 – COMPANY DETAILS

FORM 3 – NOTICE OF CONFLICT OF INTEREST

ATTACHMENTS:

ATTACHMENT A: DRAFT CONTRACT

ATTACHMENT B: PRICE SHEET

ATTACHMENT C: CENSUS FILE

ATTACHMENT D: DATA USE AGREEMENT

ATTACHMENT E: TECHNICAL QUESTIONS

ATTACHMENT F: RESPONDENT AND SUBCONTRACTOR INFORMATION

ATTACHMENT G: ADDITIONAL INFORMATION

REMAINDER OF PAGE INTENTIONALLY LEFT BLANK

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Section 1 INTRODUCTION

1.1 Solicitation Objective

The Department of Management Services (“Department”) is issuing this Request for Proposals

(RFP) to establish a Contract for Group Term Life insurance benefits (the “Services”), as described herein. The Department intends to make an award for the Services contemplated in this RFP to one Respondent, though reserves the right to award the Contract to more than one

Respondent, or to make no award. Respondents to this solicitation are required to submit pricing for all Plan designs by submitting a corresponding monthly premium rate for all Plan Years.

The annual spend for the Contract from this solicitation is estimated to be $36,300,000. This estimate is for informational purposes only and should not be construed as representing any actual, guaranteed, or minimum spend under any new contract.

1.2 Term

It is anticipated that the initial term of the Contract will be for four (4) years with up to four (4) optional renewal years, in one-year or multi-year renewal periods. The initial term of the Contract will be in accordance with section 3.1.1, Initial Term, of Attachment A: Draft Contract. Renewals will be in accordance with section 3.1.2, Renewals, of Attachment A: Draft Contract.

1.3 Definitions

Definitions contained in section 287.012, Florida Statutes (F.S.); Rule 60A-1.001, Florida

Administrative Code (F.A.C.); Attachment A: Draft Contract; PUR 1000, General Contract

Conditions; and the PUR 1001, General Instructions to Respondents (10/06) are incorporated by reference. In the event of a conflict, the definitions listed in this section supersede the incorporated definitions for purposes of this document. All definitions apply in both their singular and plural sense.

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

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

1.3.3 Client – Any contracted entity, public or private, utilizing the services of the Respondent.

1.3.4 Confidential Information – Information that is trade secret or otherwise confidential or exempt from disclosure under Florida or federal law.

1.3.5 Contract – The written, binding agreement that results from this competit ive procurement, if any, between the Department and the Contractor.

1.3.6 Deliverables – Those services, items and/or materials provided, prepared, and delivered to the Department in the course of performance under the Contract by the Contractor.

1.3.7 Department – The Florida Department of Management Services or its designee.

1.3.8 Dependent – A dependent of an enrolled Subscriber, as defined by the Florida Administrative Code and Florida Statutes.

1.3.9 Division – The Department’s Division of State Group Insurance (DSGI).

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1.3.10 Implementation Date – January 1, 2024, at 12:00 A.M., Eastern Time (EST), the anticipated first date Services are provided to Participants.

1.3.11 Participants – All Subscribers, Enrollees, Members and their enrolled

Dependents.

1.3.12 Performance Guarantees – Specific measurement indicators assigned to Contract tasks representing timeliness and quality of task output. Performance Guarantees will be designated “PG” numbers, as referenced in this solicitation and all Attachments.

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

1.3.14 Proposal – The document(s) submitted by the Respondent in response to this

RFP.

1.3.15 Respondent – A vendor who submits a Proposal to this RFP.

1.3.16 RFP – Request for Proposals No. DMS-22/23-174 Group Term Life Insurance, including all attachments and addenda to the Request for Proposals.

1.3.17 Service Provider or Contractor - The vendor that enters a Contract as a result of this RFP.

1.3.18 Services – The services to be performed by the Contractor pursuant to a Contract, if any, resulting from this RFP.

1.3.19 State – The State of Florida.

1.3.20 Subcontractor – The Respondent’s subcontractors and agents that deliver the Services required by the Contract. The term “Subcontractor” does not include healthcare providers.

1.3.21 Subscriber, Enrollee, or Member – The enrolled employee, retiree, surviving spouse, or Consolidated Omnibus Budget Reconciliation Act of 1985 (COBRA) participant that is the primary insured, as defined in Rule 60P-1.003, Florida Administrative Code, and Florida law.

Vendor Information Portal (VIP) – The Vendor Information Portal is the State’s bidding system developed in accordance with section 287.042(3)(b)2., F.S. The Vendor Information Portal is accessible at https://vendor.myfloridamarketplace.com/

1.4 Overview of the State Group Insurance Program

In accordance with section 110.123, F.S., the Division is responsible for the administration of the State Group Insurance Program (“Program”), including this voluntary benefit program option. The Program is a package of insurance benefits, including health insurance options, flexible spending and health savings accounts, life insurance, and other supplemental insurance products for State employees, retirees, COBRA participants, and covered spouses and/or children (“Dependents”). Each enrolled employee, retiree, surviving spouse, or COBRA participant that is the primary insured is a “Subscriber”, “Enrollee”, or “Member.” Each individual person covered under the Program is a “Participant.”

https://vendor.myfloridamarketplace.com/

Group Term Life Insurance Page 6 of 29

Those eligible for group term life insurance include salaried employees, Other Personnel

Services (OPS)/Variable hour employees working an average of thirty (30) hours or more per week, vested legislators, and retired employees.

Currently, there are six (6) group term life insurance options:

i. basic group term life for Eligible Employees

ii. group term life for Vested Legislators

iii. group term life for Spouses

iv. group term life for Dependent Children

v. group term life for Retired Employees, and

vi. optional term life

Basic group term life insurance is employer paid for salaried employees and employee paid for

OPS/variable hour employees. The benefit for basic life insurance is $25,000.

Group term life insurance is employee paid for vested legislators. The life insurance benefit for vested legislators is $150,000.

All employees enrolled in basic group term life insurance and vested legislators enrolled in group term life insurance may elect and pay for spouse coverage. Spouses may be enrolled in either a

$15,000 benefit or a $20,000 benefit. All employees enrolled in basic group term life insurance and vested legislators enrolled in group term life insurance may elect and pay for dependent child coverage. The benefit for this coverage option is $10,000. The premium for dependent child coverage is $0.85 per month for all eligible children. Coverage is guaranteed issue.

Retirees currently have a $2,500 benefit option and a $10,000 benefit option. Retirees must maintain continuous coverage to remain eligible.

Optional term life insurance is available only to salaried employees. Salaried employees may choose from 1- 7 times their annual earnings, up to $1 million. During their initial eligibi lity period, salaried employees may choose from 1- 5 times their annual earnings, up to $500,000 without evidence of insurability. After initial eligibility, salaried employees may increase their coverage level by one level up to 5 times earnings or $500,000 during open enrollment without evidence of insurability. Salaried employees may enroll or increase coverage levels by more than one coverage level or above $500,000 during open enrollment only by demonstrat ing evidence of insurability. Five (5) years of life insurance enrollment, five (5) years of active basic life claims experience, and a recent invoice are provided as Additional Information

(Attachment G).

The awarded Respondent must provide the Services required to be performed pursuant to this

RFP, as more fully described in the Technical Questions (Attachment E), as well as the Draft

Contract (Attachment A) and its Attachment 2: Administrative Requirements. In accordance with this RFP and the resulting Contract, if awarded, Respondent shall provide all appropriate Services associated with the Plan Benefit Designs included in the Draft Contract.

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The Department reserves the right to reject all Proposals to this RFP.

1.5 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 Respondent’s responsibility to check for any changes on the Vendor Information Portal (VIP). The Respondent is responsible for ensuring the Department receives all required documentation by the dates and times (Eastern

Time) specified below (or as revised by addenda).

Timeline of Events Event Time

(ET)

Event Date

RFP advertisement on the VIP. --- June 14, 2023

Respondent deadline to submit the Data Use Agreement (Attachment D) to the Procurement Officer

4:00 PM June 16, 2023

Deadline to submit questions to the Procurement Officer 12:00 PM June 19, 2023

Department’s anticipated posting of answers to questions on the VIP

--- June 20, 2023

Deadline to submit Proposal and all required documents to the Procurement Officer 12:00 PM June 26, 2023

Public Opening

Conference Room 101

4050 Esplanade Way

Tallahassee, Florida 32399-0950

Join by telephone:

United States (Toll Free): 1 855 578 6266 United States (Toll Free): 1 888 585 9008

Access Code: 380-031-285

1:30 PM June 26, 2023

Anticipated Evaluation Phase --- June 27 - July 06, Anticipated date to post Notice of Intent to Award on the VIP --- July 11, 2023

Anticipated Contract Implementation Date --- January 1, 2024

1.6 Notice of Intent to Submit a Proposal and Data Use Agreement

To be eligible to submit a Proposal to this RFP, vendors must obtain the Census File directly from the Procurement Officer. The Census File contains certain confidential/HIPAA protected information and data (“Protected Health Information”).

Vendors who timely submitted a fully executed Data Use Agreement (Attachment D) for the previous Group Term Life Insurance RFP, No. DMS-22/23-084 (withdrawn), will be automatically resent the Census File. All previously submitted Data Use Agreements, and the terms therein, shall remain in full force and effect for this solicitation.

All other interested vendors must submit a fully executed Data Use Agreement (Attachment D) to the Procurement Officer, by email at DMS.Purchasing@dms.fl.gov, by the time and date mailto:DMS.Purchasing@dms.fl.gov

Group Term Life Insurance Page 8 of 29 indicated in section 1.5, Timeline of Events to obtain this file and data. The Department will not accept any modifications to this form. The vendor and the vendors sub providers warrants and represents that it intends to submit a Proposal, to the solicitation entitled RFP No.: DMS-22/23-

174 for Group Term Life Insurance, by submitting a completed Attachment D.

Vendors who did not timely submit a Data Use Agreement for the previous solicitation, and whose Data Use Agreement is not received by the Procurement Officer on or before the due date indicated in the Timeline of Events section will be deemed non-responsive by the Department.

Upon timely receipt of the completed and fully executed Attachment D, the Department will make the Census File (Attachment C) available through a secure download link that will be shared with vendors after the Attachment D submission due date in the Timeline of Events and not prior to that date. The Department will send the download link to the email address provided by the vendor in Attachment D. Upon opening the link, the vendor will be prompted to verify the email address by receiving and entering a verification code in order to access the files in the shared link. Note: vendors may need to check spam/junk email folders for the verification code.

The Census File (Attachment C) includes the employee enrollment information and provides the following components:

Age

Gender

Basic Life Plan name (if currently elected)

Optional Life Plan coverage tier (if currently enrolled)

Vendors that submitted Data Use Agreement (Attachment D) and received Census File

(Attachment C) but withdrew or failed to submit a Proposal to the RFP, shall destroy the Census

File (Attachment C) received, including any copies, by the time Proposals are due and shall provide to the Procurement Officer a complete Access List and a certification that the vendor has complied with this requirement on or before the due date of Proposals. (See Attachment D: Data

Use Agreement).

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 scheduled event. 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: The Procurement Officer is the sole point of contact for this RFP. Violation of section 21 of the PUR 1001 may be grounds for rejecting a Proposal.

The name and contact information for the Procurement Officer is:

Reflacher Maddox

Departmental Purchasing mailto:ADA.Coordinator@dms.fl.gov

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

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

NUMBER IN THE SUBJECT LINE.***

Section 2 SOLICITATION PROCESS

2.1 General Overview

The RFP is a method of competitively soliciting a commodity or contractual service under

Chapter 287, F.S. This RFP will be administered through the Vendor Information Portal (VIP).

Vendors interested in submitting a Proposal are required to comply with all terms and conditions described in this RFP. Proposals must be submitted by the date listed in section 1.5, Timeline of Events.

The Department will hold a public opening of the Proposals at the date, time, and location in accordance with the T imeline of Events section. After the Department has reviewed and evaluated the Proposals, the Department will post its intended decision on the VIP.

2.2 Questions and Answers

Respondents may submit all questions during the Question and Answer period. All questions shall be in writing to the Procurement Officer via email. Questions submitted by telephone, postal mail, hand delivery, or fax will not be accepted. The deadline for submission of questions is reflected in the T imeline of Events.

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

Question # Respondent Name Document Name and Section

Page # Question

Questions will not constitute a formal protest of the specifications of this RFP. Department answers to written questions will be issued by posting to the VIP. Verbal answers are not binding on the Department.

2.3 Addenda to the Solicitation

The Department reserves the right to modify this solicitation by issuing addenda posted on the VIP. It is the vendor’s responsibility to check the VIP for any changes to the solicitation prior to submitting a Proposal.

Respondents are not authorized to make any changes to the RFP, including forms or attachments, unless otherwise specified, that it submits in its Proposal. Making such modifications may be grounds for deeming the Respondent non -responsive. The only recognized changes to the RFP, and its forms and attachments, will be those made in a written addendum issued by the Department.

mailto:dms.purchasing@dms.fl.gov

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2.4 Public Opening

Proposals will be opened on the date and at the location indicated in section 1.5, Timeline of

Events. Respondents are not required to attend. The Department does not announce prices or release other materials at this public meeting, in accordance with section 119.071(1)(b), F.S.

2.5 Respondent Mandatory Responsiveness Requirements

Respondents who do not meet the responsiveness requirements listed in Form 1 – Mandatory

Responsiveness Requirements, including submission of any additional documents required therein, shall be deemed non-responsive.

Note: The Department reserves the right to conduct responsiveness checks at any time.

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

2.6 Contract Formation

The Contract will consist of the documents identified in the definition of “Contract” in

Attachment A: Draft Contract. By submitting a Proposal, the Respondent acknowledges its understanding and acceptance of all terms and conditions of the Contract. Any attempts to redline or modify the terms of the Department’s Draft Contract will be disregarded and ignored by the Department. Therefore, Respondents should not make alterations or edits to the

Department’s Draft Contract.

The Draft Contract contains several attachments . The Draft Contract and its attachments, including the affidavits, do not need to be returned with the Proposal.

2.7 Modification or Withdrawal of Proposal

Respondents are responsible for the content and accuracy of their Proposals. A Respondent may modify or withdraw its Proposal at any time prior to the Proposal due date and time set forth in the T imeline of Events. Respondents that withdraw their Proposal after receiving

Attachment C, shall destroy Attachment C, including any copies, as specified in section 1.6 of this RFP.

2.8 Commitment to Diversity

The State is committed to supporting its diverse business population through involving woman-, veteran-, and minority-owned small businesses in the State’s purchasing process. The Department supports diversity in its procurements, and requests that all subcontracting opportunities afforded by this solicitation be shared with certified woman-, veteran-, and minority-owned business enterprises. The award of subcontracts should reflect the vast array of citizens in the State.

Respondents can search for certified businesses online at the Office of Supplier Diversity’s Certified

Vendor Directory or by contacting (850) 487-0915 for information on certified businesses that may be considered for subcontracting opportunities. The Certified Vendor Directory is accessible at https://osd.dms.myflorida.com/directories.

The Office of Supplier Diversity’s Mentor-Protégé Program connects certified businesses with private business entities for business development mentoring. The Department strongly encourages vendors doing business with the State of Florida to consider becoming a mentor and participating in this initiative. More information on the Mentor-Protégé Program may be obtained by contacting the Office of Supplier Diversity at (850) 487-0915 or osdinfo@dms.fl.gov.

https://osd.dms.myflorida.com/directories mailto:osdinfo@dms.fl.gov.

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2.9 Use of Proposal Contents

The Department has the right to use any or all ideas or adaptations of the ideas presented in any

Proposal. Selection or rejection of a Proposal will not affect this right.

2.10 Protests

Section 120.57, Florida Statutes, applies to this solicitation, as modified by section 110.123(3)(d)4, Florida Statutes.

2.10.1 Time Limits for Filing Protests

A formal written protest petition of any decision intended decision, or other action subject to protest shall be filed within seventy-two (72) hours after the posting of the Department’s notice of decision, intended decision, or other action in accordance with section

110.123(3)(d)4, Florida Statutes.

2.10.2 Bond Must Accompany Protest

When protesting a decision or intended decision (including a protest of the terms, conditions, and specifications of the solicitation), the protestor must post a bond equal to one percent

(1%) of the Department’s estimated Contract amount. The estimated contract amount for any protest of this procurement is $145,200,000.

The estimated Contract amount is not subject to protest. The bond must be conditioned upon the payment of all costs and charges that are adjudged against the protestor in the administrative hearing in which action is brought and in any subsequent appellate court proceeding. In lieu of a bond, the Department may accept a cashier’s check, official bank check, or money order. An original cashier’s check, official bank check, or money order must be posted in the same fashion as a protest bond.

FAILURE TO TIMELY POST A BOND OR OTHER SECURITY REQUIRED BY LAW WILL

CONSTITUTE A WAIVER OF PROCEEDINGS UNDER CHAPTER 120, FLORIDA

STATUTES.

2.10.3 Filing a Protest

A formal written protest is “filed” when actually received by the Department’s Agency Clerk.

Filing of a formal written protest may be achieved by hand-delivery, courier, mail, facsimile, or email. Actual delivery by the deadline is the sole responsibility of the protestor, and the risk of non-receipt or delayed receipt shall be borne exclusively by the protestor.

A protest bond must be posted together with the formal written protest. A protest bond is

“posted” when the original bond is physically tendered to the Agency Clerk. Bonds (and for cashier’s checks, official bank checks, or money orders) cannot be posted by facsimile, email, or other transmission that does not result in the original being physically tendered to the Department. Actual posting of a bond by the deadline is the sole responsibility of the protestor, and the risk of non-receipt or delayed receipt shall be borne exclusively by the protestor.

FAILURE TO FILE A PROTEST WITHIN THE TIME PRESCRIBED IN SUBSECTION

120.57(3), FLORIDA STATUTES (as altered by subsection 110.123(3)(d)4, 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.

Group Term Life Insurance Page 12 of 29

Section 3 GENERAL AND SPECIAL INSTRUCTIONS

3.1 General Instructions

The PUR 1001, General Instructions to Respondents (2006 version), is incorporated by reference and can be accessed at:

https://www.dms.myflorida.com/business_operations/state_purchasing/state_agency_resources/s tate_purchasing_pur_forms

3.2 Special Instructions

The PUR 1001, General Instructions to Respondents, is superseded to the extent set forth in the following Special Instructions.

Sections 10, 13, 17, 19, and 20 of PUR 1001 are inapplicable and are instead substituted by the instructions, specifications, and other terms contained throughout this RFP and its attachments.

Sections 3, 4, 5, 7, 8, 9, 14, 15, and 16 of the PUR 1001 (General Instructions) are inapplicable and are replaced as follows:

Section 3. Electronic Submission of Responses

Proposals shall be submitted in accordance with the “How to Submit a Proposal” section of this RFP.

Section 4. Terms and Conditions

All Proposals are subject to the terms of this solicitation. In the case of a conflict between the terms of this solicitation and/or its attachments and the PUR 1001, the terms of this solicitation and its attachments take precedence.

The Department will not accept any unrequested terms or conditions submitted by a

Respondent, including any appearing in documents attached as part of a Respondent’s

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

Section 5. Questions

Questions shall be submitted in accordance with the “Questions and Answers” section of this RFP.

Section 7. Convicted Vendor, Discriminatory Vendor, and Antitrust Violator 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 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

Group Term Life Insurance Page 13 of 29 period of thirty-six (36) months following the date of being placed on the Convicted

Vendor List.

b. Discriminatory Vendor List.

Pursuant to section 287.134, F.S., an entity or affiliate who has been placed on the

Discriminatory Vendor List may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public b uilding 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.

Section 9. Respondent’s Representation and Authorization

In submitting a Proposal, the Respondent 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, 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.

c. The Respondent currently has no delinquent obligations to the State, including a claim by the State for liquidated damages under any other contract, nor has it defaulted under any contract with the State.

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

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

f. No attempt has been made or will be made to induce any other Respondent or potential Respondent to refrain from submitting a Proposal, or to submit a price(s)

Group Term Life Insurance Page 14 of 29 higher that the prices in this Proposal, or to submit any intentionally high or noncompetitive price(s) or other form of complementary Proposal.

g. The Respondent is not prohibited from eligibility for the contract contemplated in this solicitation for any of the reasons specified in section 287.057(19)(c), F.S.

h. 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 Respondent and its affiliates for violation of state or federal antitrust laws with respect to a public contract 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 employment of another company.

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

1) Has within the preceding three (3) 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

2) Has within a three (3) year period preceding the release of this RFP, had one

(1) or more federal, state, or local government contracts terminated for cause or reason of default.

j. The commodities or contractual services provided by the Respondent will conform to the specifications without exception.

k. The Respondent has read and understands the Contract terms and conditions, and the submission is made in conformance with the terms and conditions in Attachmen t A: Draft Contract.

l. 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 State.

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

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

o. All information and representations contained in the Respondent’s Proposal are true and accurate to the best of the Respondent’s knowledge, and no modifications have been made to any RFP attachments submitted with its Proposal. All informat ion 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 shall be treated as fraudulent concealment from the Department of the true facts relating to submission of the Proposal. A misrepresentation may be punishable under law, including, but not limited to, Chapter 817, Florida Statutes.

p. If at any point during the course of the procurement, circumstances change so that any of the above acknowledgements are no longer true, the Respondent will notify the Procurement Officer as soon as practicable.

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q. By submitting its Proposal, the Respondent agrees to and waives any objections to requirements contained in the solicitation, including any addenda thereto.

Section 14. Firm Response

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

Department receives from the Respondent written notice that the Proposal is withdrawn.

Section 15. Clarifications to Proposals

No changes, modifications, or additions to the Proposals will be allowed after the

Proposals have been opened. However, the Department reserves the right to seek, and

Respondent shall provide, clarifying information or documentation at any time. Failure to supply the information or documentation as requested may result in the Proposal being deemed non-responsive.

Section 16. Minor Irregularities

At its option, the Department may allow a Respondent to correct minor irregularities but is under no obligation to do so. In doing so, the Department may request a

Respondent to provide clarifying information or additional clarifying material to correct the irregularity. However, the Department will not request, and a Respondent may not provide the Department with, additional materials that affect the price of the Proposal or give the Respondent an advantage or benefit not enjoyed by other Respondents.

3.3 MyFloridaMarketPlace (MFMP) Registration

The awarded Respondent must register in MFMP prior to Contract execution. For additional information, visit: https://vendor.myfloridamarketplace.com/.

The awarded Respondent(s), if any, will be required to pay the required MFMP transaction fee(s) as specified in Section 14 of the PUR 1000, unless exempt in accordance with Rule 60A-

1.031, F.A.C.

3.4 Florida Substitute Form W-9 Process

The awarded Respondent 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/.

The awarded Respondent, if any, must complete this process prior to Contract execution. This form is not required to be submitted with the Proposal to the RFP.

3.5 How to Submit a Proposal

The Respondent must submit the sealed Proposal in accordance with the following submission requirements:

3.5.1 One (1) unredacted, bound paper copy of the entire Proposal (containing Tabs 1, 2, 3, 4, 5, 6, and 7).

https://vendor.myfloridamarketplace.com/ https://flvendor.myfloridacfo.com/

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3.5.2 One (1) unredacted, electronic copy of the entire Proposal (containing separate folders for Tabs 1, 2, 3, 4, 5, 6, and 7) on a CD or USB “thumb drive”. All CDs or thumb drives should be labeled with the Respondent’s name and the Proposal number.

3.5.3 One (1) redacted, electronic copy of the entire Proposal (containing separate folders for Tabs 1, 2, 3, 4, 5, 6, and 7) in accordance with section 3.6 of this RFP, if applicable (may be provided on the same CD or USB used for 3.5.2). On the cover of the redacted copy, the Respondent is to provide its name, the RFP name and number, and clearly title it, “Redacted Copy.” Respondents will not be penalized for failing to submit a redacted copy. However, the Department intends to respond to public records requests with redacted copies, in accordance with section 3.7 of this RFP.

3.5.4 Sealed Proposals should be clearly marked on the outside of the package with the

RFP number, Respondent name, and Procurement Officer name.

3.5.5 Submit Proposals to the Procurement Officer: 1) by the due date and time listed in section 1.5, Timeline of Events; and 2) at the address listed in section 1.8, Procurement Officer. The Respondent is responsible for ensuring its Proposal is delivered at the proper time and to the proper place.

All electronic documents should be searchable to the fullest extent practicable. Paper and electronic copies of Proposals are to consist of identical information. In the event of a conflict, the electronic version will control. Proposals that are not timely submitted as specified shall be deemed non-responsive.

Neither the Department nor the State is liable for any costs incurred by the Respondent in responding to this RFP.

3.6 Contents of Proposal

The Respondent should submit a Proposal in the following format and organized with all information indicated in each tab below, and in accordance with section 3.5, How to Submit a

Proposal, of this RFP. Documents identified as “ Mandatory” shall be completed and submitted for a Respondent to be considered responsive. The Department will not evaluate

Proposals that do not meet the mandatory responsiveness requirements listed in Form 1.

The Respondent’s Proposal may not contain any conditions or exceptions to any aspect of the solicitation and any such conditions or exceptions will not be considered in evaluating the Respondent’s Proposal. The only recognized changes to this RFP prior to the opening will be by written Addenda issued by the Department.

TAB 1: Transmittal Letter The transmittal letter should be signed by an individual who is authorized to commit

Respondent to the Services and requirements as stated in this RFP.

TAB 2: Title Page and Table of Contents The title page should bear the name and address of the Respondent and the name and number of this RFP. This should be followed by a table of contents for the entire

Proposal.

TAB 3: Declaration of Proprietary, Trade Secret, or Other Confidential Information A listing of information that is claimed to be Confidential Information should be provided immediately following the table of contents. To maintain the confidentiality of the information, this listing shall identify each section of the Proposal which has been

Group Term Life Insurance Page 17 of 29 excluded from the redacted copy provided with the Proposal as described in section 3.7 of this RFP.

TAB 4: Executive Summary Respondent should condense and highlight the contents of the Proposal in a separate section titled “Executive Summary” including a general description of how Respondent intends to offer the Services sought by this RFP.

TAB 5: Completed FORMS and ATTACHMENT The following RFP forms and attachment should be completed and attached in their entirety.

Form 1 – Mandatory Responsiveness Requirements signed – Mandatory

Form 2 – Company Details (and any additional requested documentation) – Mandatory

Form 3 – Notice of Conflict of Interest

Attachment F – Respondent and Subcontractor Information

TAB 6: Technical Proposal (Attachment E)

The Technical Proposal is comprised of the responses to each of the questions and requests for information, submitted by the Respondent in response to Attachment E:

Technical Questions of this RFP.

A. Attachment E: Technical Questions Respondents should restate and respond to all parts of each question and request for information of Attachment E: Technical Questions in accordance with the instructions described therein and in this RFP. Respondents must submit the final version in accordance with the How to Submit a Proposal section of this RFP.

Respondents are encouraged to use at least 11-point Calibri, Arial, or T imes New

Roman, blue font in responding to each question or request for information.

Respondents are encouraged to concisely respond to all parts of each question or request for information regarding Respondents’ ability to provide the solution sought by the RFP. Proposals may include informational materials and brochures but should be specific to the issue raised or question asked. Failure to provide a response or documents in response to any of the technical questions or requests for information may result in a lower score, including a possible score of zero (0) but will not, in and of itself, make a Proposal non-responsive. See section 4.3.1, Scoring of Technical

Proposals, of this RFP.

TAB 7: Attachment B: Price Sheet – Mandatory The Respondent shall complete and submit Attachment B: Price Sheet as described in the General Instructions of Attachment B: Price Sheet and section 3.8 of this RFP.

The Respondent may not add additional tabs to the Excel workbook or delete any tabs.

Failure to provide Attachment B: Price Sheet, with complete pricing information will result in the Respondent’s Proposal being deemed non -responsive and disqualify such

Proposal from further consideration.

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Notice Regarding Use of Microsoft Excel. Cells which have been highlighted yellow require a response from the Respondent.

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

The following replaces section 19 of the PUR 1001 Form, General Instructions to Respondents:

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

Respondent is to mark the document as “confidential” and simultaneously provide the Department with a separate, redacted copy of its Proposal. For each portion redacted, the Respondent is to briefly describe in writing the grounds for claiming exemption, including the specific statutory citation for such exemption. On the cover of the redacted copy, the Respondent is to provide its name and the RFP name and number and clearly title it, “Redacted Copy.” Only portions of material that the Respondent claims are Confidential Information are to be redacted.

In accordance with section 119.0701, F.S., Proposals are exempt from production in response to public records requests until such time as the Department provides notice of an intended decision or until thirty (30) days after opening the Proposals, whichever is earlier. After that time, the

Department will provide the redacted copy, if any, in response to a public records request.

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 a requestor asserts a right to the redacted Confidential Information, the Department will notify the Respondent such an assertion has been made. It is the Respondent’s responsibility to take the appropriate legal action to assert that the information in question is exempt from disclosure under Chapter 119, F.S., or other applicable law.

If the Department becomes subject to a demand for discovery or disclosure of documents that are marked as “confidential” in a legal proceeding, the Department will give the Respondent notice of the demand or request. 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 Proposal, the Respondent agrees to protect, defend, and indemnify the

Department for all claims arising from or relating to the Respondent’s determination that the redacted portions of its Proposal are Confidential Information. If a Respondent fails to submit a redacted copy in accordance with this section, of information it claims is Confidential

Information, the Department is authorized to produce the entire material submitted to the

Department in response to a public records request for, or demand for discovery or disclosure of, these records.

3.8 Price Sheet Instructions

The Respondent shall submit a completed Attachment B: Price Sheet (Tabs B2, B3, B4, B5, B6 and B7), including the initial and optional renewal periods, in the original file format

[Excel.xls] and in accordance with the instructions described therein and in this RFP . Follow

Group Term Life Insurance Page 19 of 29 the general instructions in Attachment B, as well as instructions on each tab of Attachment

B.

Rates are to be submitted for all services included in Attachment A: Draft Contract, exclusive of travel expenses. Travel expenses are not permitted under the Contract.

The Respondent shall provide premium rates in each highlighted cell of the Price Sheet submitted. Failure to provide premium rates in a highlighted cell shall result in the

Respondent’s Proposal being deemed non-responsive.

Note: In the event the Department receives a Price Sheet containing illegible pricing or a mathematical error(s), the Department reserves the right to seek clarification of the prices received and to receive corrected Price Sheet(s). In such instance, no material alterations of the original Price Sheet submitted shall be accepted.

3.9 Subcontracting

The awarded Respondent shall be fully responsible for all work performed under the Contract.

If the awarded Respondent intends to use any subcontractors to perform the work, such subcontractors shall be identified as required by the Subcontractors Questionnaire Form in

Attachment F of this RFP. If a Respondent should need to replace a subcontractor prior to the

Department’s issuance of the Notice of Intent to Award, the Respondent shall provide to the

Procurement Officer a request to substitute the subcontractor, explaining why the Respondent seeks to substitute the subcontractor. The substitution will be subject to Department approval.

A new Subcontractor Form shall be provided with the request. Use of subcontractors is subject to Department approval.

The awarded Respondent acknowledges…