DMS-2425-249.ITN.Healthcare-Transparency-Services.pdf

4050 Esplanade Way

Tallahassee, FL 32399-0950

850-488-2786

Ron DeSantis, Governor

Pedro Allende, Secretary

INVITATION TO NEGOTIATE (ITN)

FOR

HEALTHCARE TRANSPARENCY SERVICES

ITN NO: DMS-24/25-249

THE STATE OF FLORIDA

DEPARTMENT OF MANAGEMENT SERVICES

Refer ALL inquiries to:

Procurement Officer:

Christina Guerra Departmental Purchasing

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

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

Failure to file a protest within the time prescribed in section 120.57(3), F.S. (as altered by section 110.123(3)(d)4, F.S.), or failure to post the bond or other security required by law within the time allowed for filing a bond shall constitute a waiver of proceedings under Chapter 120, F.S.

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

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

Respondents to this solicitation or persons acting on their behalf may not contact, between the release of the solicitation and the end of the 72-hour period following the agency posting the notice of intended award, excluding Saturdays, Sundays, and state holidays, any employee or officer of the executive or legislative branch concerning any aspect of this solicitation, except in writing to the procurement officer or as provided in the solicitation documents. Violation of this provision may be grounds for rejecting a response.

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

ITN No.: DMS-24/25-249 Page 2 of 40

Healthcare Transparency Services

TABLE OF CONTENTS

Section 1: INTRODUCTION

1.1 Solicitation Overview

1.2 Definitions

1.3 Background

1.4 Term

1.5 Questions Being Explored

1.6 Goals of the ITN

1.7 Special Accommodations

1.8 Procurement Officer

1.9 Timeline of Events

1.10 Order of Precedence for Solicitation

Section 2: SOLICITATION PROCESS

2.1 General Description of ITN Process

2.2 Questions and Answers

2.3 Addenda to the Solicitation

2.4 Deadline to Submit Reply

2.5 Public Opening

2.6 Respondents Mandatory Responsiveness Requirements

2.7 Contract Formation

2.8 Modification or Withdrawal of Reply

2.9 Supplier Development

Section 3: GENERAL INSTRUCTIONS

3.1 General Instructions

3.2 Special Instructions

3.3 MFMP Registration and Florida Substitute Form W-9 Process

3.4 How to Access the Sourcing Event in MyFloridaMarketPlace

3.5 Contents of Reply

3.6 Department’s Right to Reject Replies

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

3.8 Subcontracting

ITN No.: DMS-24/25-249 Page 3 of 40

Section 4: SELECTION METHODOLOGY

4.1 Determination of Replies Responsiveness for Evaluation

4.2 Evaluation Process – General Overview

4.3 Evaluation of the Reply

4.4 Negotiations

4.5 Final Selection and Notice of Intent to Award

Section 5: FINAL SELECTION AND NOTICE OF INTENT TO AWARD CONTRACT

5.1 Rights for Award

5.2 Agency Decision

5.3 Other Reserved Rights

5.4 No Contract until Execution

Contact Information

Notice of Conflict of Interest

Statement of No Prior Disqualifying Involvement

Subcontracting

Mandatory Responsiveness Requirements

Foreign Country of Concern Attestation

Attachments:

Attachment A – Statement of Work

Attachment B – Cost Reply

Attachment C – Draft Contract

Attachment D – Technical Reply

Attachment E – Privacy, Security, and Confidentiality Business Associate Agreement

Attachment F – PUR 7801, Vendor Certif ication Form

ITN No.: DMS-24/25-249 Page 4 of 40

Section 1: INTRODUCTION

1.1 Solicitation Overview

The State of Florida (State), Department of Management Services (Department), Division of State

Group Insurance, seeks to establish through this Invitation to Negotiate (ITN) a contract with one

(1) Respondent for Healthcare Transparency Services, as further described in the Statement of

Work (Attachment A). The Department anticipates an Implementation Date of January 1, 2026.

The estimated annual contract amount the Department intends to award to a successful

Respondent to this ITN is $1,200,000.00; the estimated annual contract amount is subject to change and is dependent upon legislative appropriation.

This solicitation will be administered through the Business Network within MyFloridaMarketPlace

(MFMP) and the Vendor Information Portal (VIP). Vendors interested in submitting a Reply must register for a Business Network account and comply with all solicitation terms and conditions .

1.2 Definitions

Capitalized terms used in this ITN and its attachments have the meaning ascribed in this section

1.2. Defined terms in Attachment C - Draft Contract, PUR 1000, PUR 1001, and section 287.012, Florida Statutes (F.S.), are incorporated herein by reference. Notwithstanding section 1.10, in the event of a conflict in definitions, 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.

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

“Business Network” means the secure platform for Vendors to indicate participation in formal and informal solicitations and to submit responses to those solicitations electronically.

“Calendar Day” means any day in a month, including weekends and holidays.

“Confidential Information” means information in the possession or under control of the State or

Vendor that is exempt from public disclosure pursuant to section 24, Article I of the Constitution of the State; the Public Records Law, Chapter 119, Florida Statutes; or to any other Florida law, federal law or regulation that serves to exempt information from public disclosure.

“Contract” means any binding agreement that results from this ITN, if any, between the Department and a Respondent.

“Contractor” means the business entity that enters into a contract with the Department pursuant to this ITN.

“Covered Dependents” are spouses or dependent children of Enrollees who are covered pursuant to section 110.123, F.S.

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“Department” means the Florida Department of Management Services, a state agency.

“Enrollee” has the meaning as defined in section110.123(2)(c), F.S.

“Health Plan Member (Member)” means Enrollees and Covered Dependents thereof, as defined in section 110.123(2)(g), F.S.

“Implementation Date” means January 1, 2026, at 12:00 A.M., Eastern Time (ET).

“Implementation Plan” means the written description provided by the Contractor, as approved by the Department, of the schedule of actions necessary to implement the services and begin fulfilling the Contract in a timely manner.

“Invoice” means a billing statement provided by the Contractor to the Department for reimbursement of Services.

“ITN” means Invitation to Negotiate No. DMS-24/25-249, Healthcare Transparency Services, including all attachments and addenda.

“Lower Cost Eligible Service” means a healthcare service for which Members may shop on

Contractor’s Online Transparency Website that is designated as a low-cost healthcare service based on Contractor’s price methodology.

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

https://www.dms.myflorida.com/business_operations/state_purchasing/myfloridamarketplace .

“Online Transparency Program” means the program established under this Contract that allows

Members to shop online for healthcare services and allows Enrollees to receive Reward Payments when eligible.

“Online Transparency Website” means the Contractor’s website and mobile-optimized website or mobile application on which Members may shop for designated healthcare services.

“Party” or “Parties” means the Department and the Contractor, in the singular and plural, respectively.

“Plan Year” means the calendar year from January 1 to December 31.

“Plans” means any of the insurance coverages offered through the Department, as authorized in section 110.123, F.S.

“Portfolio” means the Respondent’s written Technical Reply in response to Attachment D , Technical

Reply.

https://www.dms.myflorida.com/business_operations/state_purchasing/myfloridamarketplace

ITN No.: DMS-24/25-249 Page 6 of 40

“Privacy Rule” means the Standards for Privacy of Individually Identifiable Health Information at 45

C.F.R. part 160 and part 164, subparts A and E.

“Program” means the State Group Insurance Program defined in sections 110.123(3) and

110.12315, Florida Statutes.

“Protected Health Information” PHI shall have the same meaning and effect as defined in 45 CFR

160 and 164, limited to the information created, received, maintained or transmitted by the

Contractor from or on behalf of the Department.

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

https://www.dms.myflorida.com/content/download/2933/file/PUR%201000%20%28General%20C ontract%20Conditions%29.pdf .

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

https://dmsmedia.ccplatform.net/content/download/2934/file/PUR%201001%20General%20Instru ctions%20to%20Respondensts.pdf .

“Reply” means the documents submitted by the Respondent in response to this ITN.

“Respondent” means a vendor who submits a Reply to this ITN.

“Reward Payment” means the reward amount received by an Enrollee for utilizing the Contractor’s

Services for the selection of a Rewardable Service.

“Rewardable Service” is a Lower Cost Eligible Service for which a Reward Payment is available.

“Secretary” means the Secretary of the Department, or his or her designee.

“Service Commencement Date” means January 1, 2026, at 12:01 A.M., Eastern Time, the first date

Services are provided to Members.

“Services” means tasks to be performed by Vendor as specified in this Contract. The term

“Services” includes but is not limited to, any unspecified task that is inherent in proper delivery or administration of a specified Service.

“State” means the State of Florida.

“Subcontractor” means the Vendor’s subcontractors and agents that deliver the Services required by this Contract. The term “Subcontractor” does not include Healthcare Providers.

https://www.dms.myflorida.com/content/download/2933/file/PUR%201000%20%28General%20Contract%20Conditions%29.pdf https://www.dms.myflorida.com/content/download/2933/file/PUR%201000%20%28General%20Contract%20Conditions%29.pdf https://dmsmedia.ccplatform.net/content/download/2934/file/PUR%201001%20General%20Instructions%20to%20Respondensts.pdf https://dmsmedia.ccplatform.net/content/download/2934/file/PUR%201001%20General%20Instructions%20to%20Respondensts.pdf

ITN No.: DMS-24/25-249 Page 7 of 40

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

https://vendor.myfloridamarketplace.com.

In the event of a conflict between the terms incorporated from Florida Statutes and those contained within these documents, the definitions in these documents control.

1.3 Background

Pursuant to section 110.123, F.S., the Department’s Division of State Group Insurance administers the State Group Insurance Program (“Program”). The Program is comprised of a package of insurance benefits, including health insurance options, flexible spending and health savings accounts, life insurance, dental insurance, and other supplemental insurance products for State of

Florida employees and retirees, COBRA participants, and covered spouses and/or children. Each employee, retiree, surviving spouse of the employee, or COBRA participant that is the primary insured is an Enrollee. Covered spouses and/or dependent children of enrollees who are covered pursuant to section 110.123, F.S., are Covered Dependents. Each individual covered under the

Program is a Member.

Through the Program, the Department currently offers four (4) medical benefit plan design options.

Two (2) of these are Preferred Provider Organization (“PPO”) plans, while the other two (2) plans are either Health Maintenance Organizations (“HMO”) or HMO-style plans.

The PPO options, available statewide, are currently self -funded, with medical benefits administered by a single third-party administrator (“TPA”), Florida Blue Cross Blue Shield. The fully insured HMO and self-insured HMO-style options are currently provided by three (3) separate HMOs and TPAs, Aetna, UnitedHealthcare, Capital Health Plan. A single pharmacy benefits manager, currently

OptumRX, administers the pharmacy benefits for all plans with the exception of Medicare

Advantage HMO Enrollees, whose pharmacy benefits are administered by their respective HMOs.

The “Plan Year” runs from January 1st through December 31st of each calendar year. The State provides two (2) primary enrollment opportunities outside of qualifying status change events: 1) when a person begins employment with the State, and 2) annually during an open enrollment period. Open enrollment changes are effective January 1st of the following year. The State’s outsourced human resource administrator, People First, handles all enrollment activity and its system is the system of record for eligibility determinations.

As of January 2024, the State Group Health Insurance Program provides coverage for 350,175

Members, including 172,324 Enrollees.

Section 110.12303(3), F.S., directs the Department to issue this ITN in order to Contract with a

Vendor that will implement additional benefit offerings to Members, by providing them with an online shop that includes pricing for health care services and providers, as well as rewards for choosing lower-cost health care services or providers. As specified in that statutory subsection:

https://vendor.myfloridamarketplace.com/

ITN No.: DMS-24/25-249 Page 8 of 40

(3) The department shall contract with an entity that provides enrollees with online information on the cost and quality of health care services and providers, allows an enrollee to shop for health care services and providers, and rewards the enrollee by sharing savings generated by the enrollee’s choice of services or providers. The contract shall require the entity to:

(a) Establish an Internet-based, consumer-friendly platform that educates and informs enrollees about the price and quality of health care services and providers, including the average amount paid in each county for health care services and providers. The average amounts paid for such services and providers may be expressed for service bundles, which include all products and services associated with a particular treatment or episode of care, or for separate and distinct products and services.

(b) Allow Enrollees to shop for health care services and providers using the price and quality information provided on the Internet-based platform.

(c) Permit a certif ied bargaining agent of state employees to provide educational materials and counseling to Enrollees regarding the Internet-based platform.

(d) Identify the savings realized to the Enrollee and state if the Enrollee chooses high-quality, lower-cost health care services or providers, and facilitate a shared savings payment to the enrollee. The amount of shared savings shall be determined by a methodology approved by the department and shall maximize value-based purchasing by Enrollees. The amount payable to the Enrollee may be:

1. Credited to the Enrollee’s flexible spending account;

2. Credited to the Enrollee’s health savings account;

3. Credited to the Enrollee’s health reimbursement account; or

4. Paid as additional health plan reimbursements not exceeding the amount of the

Enrollee’s out-of-pocket medical expenses.

1.4 Term

It is anticipated that the term of the Contract will be four (4) years with up to four (4) optional one

(1) year renewals. The Contract may only be renewed in accordance with section 287.057(14), F.S.

1.5 Questions Being Explored

The Department intends to explore one or more of the following questions:

a. How should the Department determine the number and type of healthcare services for which Members may shop (“shoppable” services) on the transparency website?

b. What type of shoppable services generate the greatest return on investment to the State and its Members?

ITN No.: DMS-24/25-249 Page 9 of 40

c. What type of search capabilities generate the greatest level of utilization and transparency?

d. Explain the methodology the vendor uses to determine quality ratings for providers and facilities and how is the accuracy of the methodology validated?

e. What type of methodology should the Department consider for shared savings for Enrollees

(e.g., f lat, tiered, percentage, certain procedures/facilities, etc.) and how is the accuracy of the methodology validated?

f. To what extent can the vendor’s website and transparency tool be customized for the State of Florida?

g. How does the vendor promote the use of lower cost healthcare services while still promoting quality care?

h. How successful has vendor been in shared savings arrangements with other clients, and how were shared savings effectuated?

i. How does shared savings work with a fully insured platform? How can the Department ensure that transparency services are provided to Members in a fully insured platform?

j. Should the Department use a third party to validate shared savings and methodology and savings calculations?

k. What activities, communications, and education initiatives can the vendor provide to increase Member awareness and to drive Member utilization of vendor’s website and services?

l. What unique value proposition can the vendor offer today or during the Contract period that will bring value to the State of Florida and Members?

m. What mobile capabilities should the website have? Is there a mobile application for smart phones and tablets? Are there any restrictions for brands or products (Mac versus PC, Android, Apple, etc.)?

n. What type of functionality should be on the website in order to ensure legislative goals are accomplished?

o. How often should the cost and quality data be updated or refreshed?

p. Should the vendor trend the cost information on the website?

q. Should the vendor use any strategies or methodologies to mask confidential provider information (e.g., minimum number of claims or providers required before displaying cost information)?

1.6 Goals of the ITN

The goals of this ITN are to determine the best value Contractor of Healthcare Transparency

Services for state employees and Members, and as follows:

a. To establish a consumer-friendly online platform that has robust search capabilities and presents information in a clear, concise, and engaging manner.

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b. To offer a list of shoppable healthcare services based on price and quality information from reliable, industry-accepted sources.

c. To clearly present shared savings for shoppable healthcare services to those Enrollees and

Members utilizing the website and telephone line.

d. To facilitate the sharing of savings within a reasonable timeframe with Enrollees who shop and utilize the online transparency service.

e. To use proven marketing and communications strategies to engage Members to utilize transparency services.

f. To report on a regular and as-needed basis and recommend improvements on utilization, engagement, and outcomes.

g. To determine the combination of service levels and pricing terms preferred by the

Department and the Respondent that will provide the best overall value for the State in executing the preferred solutions.

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

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

Christina Guerra

Departmental Purchasing

Florida Department of Management Services

4050 Esplanade Way, Suite 260

Tallahassee, FL 32399-0950

Email: DMS.Purchasing@dms.fl.gov

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

PROCUREMENT OFFICER***

If a Respondent claims that any portion of an email is trade secret under section 812.081, F.S., or otherwise confidential under Florida or Federal Law, the Respondent is to place the word

“Confidential” in the subject line. (See also subsection 3.7 of this ITN for more information on

Confidential Information.)

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

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

Respondent unless shown otherwise.

1.9 Timeline of Events

The table below contains the anticipated Timeline of Events for this ITN. The dates and times within Section 1.9, Timeline of Events are subject to change. It is the Respondent’s responsibility to check the Vendor Information Portal (VIP) for any changes. The Respondent is responsible for ensuring the Department receives all required documentation by the dates and times

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

TIMELINE OF EVENTS

Event

Time (ET) Event Date

Solicitation posted on VIP - April 21, 2025

Deadline to submit questions to the Procurement Officer 5:00 PM April 28, 2025

Department’s anticipated posting of answers to Respondent questions in MFMP and VIP

- May 5, 2025

Deadline to submit Reply in the Business Network 2:30 PM May 16, 2025

Public Opening

-In Person-

Conference Room 260K

4050 Esplanade Way

Tallahassee, Florida 32399-0950

-Teleconference-

Conference call phone number: 1.888.585.9008

Conference room number: 380-031-285

3:00 PM May 16, 2025

Anticipated Evaluation Phase

May 21, 2025 to

June 11, 2025

Anticipated Negotiations Phase

June 16, 2025 to

August 1, 2025 https://vendor.myfloridamarketplace.com/

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TIMELINE OF EVENTS

Event

Time (ET) Event Date

Negotiation Team Public Meeting to Recommend Award.

Conference Room 101

4050 Esplanade Way

Tallahassee, FL 32399

10:30 AM August 4, 2025

Anticipated date to post Notice of Intent to Award in VIP August 5, 2025

Anticipated Contract Start Date January 1, 2026

1.10 Order of Precedence for Solicitation

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, Statement of Work

c) Attachment B, Cost Reply

d) This ITN document

e) Attachment C, Draft Contract (which includes all documents referenced in section 1.2 of the Draft Contract)

f) Other ITN attachments

Section 2: SOLICITATION PROCESS

2.1 General Description of ITN Process

The ITN is a method of competitively soliciting contractual services under Chapter 287, F.S.

Vendors can submit formal questions in writing to the Procurement Officer by the deadline listed in

Section 1.9, Timeline of Events. Replies must be submitted by the deadline listed in Section 1.9, Timeline of Events.

This ITN will be administered through the Business Network and VIP. Interested Respondents are to comply with all terms and conditions described herein. The Department will hold a public opening of the Replies at the date, time, and location provided in Section 1.9, Timeline of Events. The

Department will perform an initial responsiveness check. Only responsive Replies will be provided to evaluators for evaluation.

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’s evaluation team will independently evaluate and score each responsive Respondent’s Reply by reviewing the Respondent’s Technical Reply (Attachment D).

Scores will be calculated in accordance with the instructions provided within the ITN and will be used to establish a competitive range of Replies reasonably susceptible of award. The Department

ITN No.: DMS-24/25-249 Page 13 of 40 then selects one (1) or more Respondents within that competitive range with which to commence negotiations.

The negotiation phase involves negotiations by the negotiation team with the Respondent(s) determined to be within the competitive range and selected to participate in negotiations. During the negotiation phase, the Department may request revised Replies and/or Best and Final Offers

(BAFOs) from Respondent(s), based on the negotiations.

Once BAFO(s), if requested, have been received and reviewed and negotiations have concluded, the Department will hold a Negotiation Team Public Meeting during which the Negotiation Team members will individually make their recommendation for the Contract award in accordance with

Section 4.5 of this ITN. The Department intends to then post a Notice of Intent to Award a Contract, identifying the Responsive and Responsible Vendor that provides the best value to the State based on the selection criteria set forth in subsection 4.5 of this 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, and more specifically, negotiations.

2.2 Questions and Answers

Vendors will submit all questions during the Questions and Answers period in writing to the

Procurement Officer via email. Questions submitted by telephone, postal mail, hand delivery, or fax will not be accepted. The deadline for submission of questions is reflected in Section 1.9, Timeline of Events.

The Department requests that all questions have the ITN number in the subject line of the email.

Questions are requested to be submitted in the following format:

Respondent Name Attachment Tab Question # Question

Questions will not constitute a formal protest of the specifications of the ITN. The Department’s answers to written questions submitted during the Questions and Answers period will be posted to the Business Network and VIP. The Department will not be bound by, and Respondents shall not rely on, any representations outside of this Questions and Answers process.

2.3 Addenda to the Solicitation

The Department reserves the right to modify this solicitation by addenda. Addenda may modify any aspect of this solicitation. Any addenda issued will be posted on VIP. It is the responsibility of the

Respondent to check VIP for information and updates.

2.4 Deadline to Submit Reply

The Respondent must submit their Reply electronically through the Business Network on or before the date listed in Section 1.9, Timeline of Events.

https://vendor.myfloridamarketplace.com/

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2.5 Public Opening

Replies will be opened on the date and at the location indicated in Section 1.9, Timeline of Events, of this ITN. 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 clarif ications from any Respondent at any time. Respondents are not required to attend the public opening. The Department does not announce prices or release other materials at this public meeting, in accordance with section 119.071(1)(b), F.S.

2.6 Respondents Mandatory Responsiveness Requirements

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

Form, the Foreign Country of Concern Attestation Form, and the No Conflict of Interest Form.

The Department reserves the right to waive any minor irregularity, technicality, or omission if the

Department determines that doing so will serve the best interest of the State.

At any time during the ITN process, the Department may require the Respondent to submit documentation to demonstrate that it meets these mandatory responsiveness requirements. If the

Respondent cannot produce sufficient documentation to demonstrate that it meets these mandatory responsiveness requirements, the Respondent will be deemed non-responsive.

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

The Department will only consider electronic Replies submitted through the Business

Network. Vendors must ‘Join’ the MFMP event in VIP to be able to submit a Reply. Replies must be submitted by the date and time specified in Section 1.9, Timeline of Events. The

Department will not consider late Replies.

2.7 Contract Formation

The Department may issue a “Notice of Intent to Award” to award a Contract to a successful

Respondent. However, no contract shall be formed between a Respondent and the Department until both parties sign the Contract. The Department shall not be liable for any work performed before the Contract is effective.

The Department intends to enter into the Contract with a Respondent pursuant to section 4.5.1, Award Selection, of this ITN. No additional documents submitted by a Respondent shall be incorporated in the Contract unless they are specifically identif ied and approved by the Department.

A copy of the Draft Proposed Contract is included as Attachment C, Draft Contract .

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2.8 Modification or Withdrawal of Reply

Respondents are responsible for the content and accuracy of their Replies. A Respondent may modify or withdraw its Reply in MFMP Sourcing at any time prior to the Reply due date and time set forth in Section 1.9, Timeline of Events of this ITN.

2.9 Supplier Development

Office of Supplier Development. The State of Florida supports its business community by creating opportunities for business enterprises to participate in procurements and contracts. The

Department encourages supplier development through certain certif ications and provides advocacy, outreach, and networking through regional business events. For additional information, please contact the Office of Supplier Development (OSD) at OSDHelp@dms.fl.gov.

Reporting Certified Business Enterprises. Upon request, the Contractor will report to the

Department its spend with business enterprises certified by the OSD. These reports must include the time period covered, the name and vendor identif ication information of each business enterprise utilized during the period, commodities and contractual services provided by the business enterprise, and the amount paid to the business enterprise on behalf of each agency purchasing under the Term Contract.

Section 3: GENERAL INSTRUCTIONS

3.1 General Instructions

In accordance with Rule 60A-1.002(7), F.A.C., Form PUR 1001, General Instructions to

Respondents, is incorporated by reference into this ITN and can be accessed at: State of Florida

(ccplatform.net).

3.2 Special Instructions

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

1001. The terms of this ITN control over any conflicting terms of the PUR 1001.

Paragraphs 8, 17 and 18 of PUR 1001 is inapplicable in its entirety and are hereby deleted.

Paragraphs 13 and 19 of the PUR 1001 are replaced in subsections 5.2 and 3.7, respectively, of this ITN.

Paragraphs 3, 4, 5, 7, 9, 14, 15, and 20 of PUR 1001 are inapplicable and are replaced as follows:

Section 3. Electronic Submission of Offers

Replies shall be submitted in accordance with section 3.4, How to Submit a Reply, of this ITN.

Section 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 section 1.10, Order of Precedence for Solicitation, of this ITN.

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

ITN No.: DMS-24/25-249 Page 16 of 40

The Department will not accept any unrequested terms or conditions submitted by a Respondent, including any appearing in documents attached as part of a Respondent’s Proposal or hyperlinked therein. In submitting its Reply, 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 section 2.2, Questions and Answers, of this ITN.

Section 7. Convicted Vendor, Discriminatory Vendor, Antitrust Violator Vendor, 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, Replies, or replies on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in section 287.017, F.S. for CATEGORY TWO for a period of 36 months following the date of being placed on the

Convicted Vendor List.

b. Discriminatory Vendor List.

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

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

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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.

Section 9. Respondent’s Representation and Authorization.

In submitting a Reply, each Respondent certif ies that it understands, represents, and acknowledges the following:

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

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

State for liquidated damages under any other contract.

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

• Unless requested by the Department, the Reply, prices, and amounts submitted by a

Respondent at any time during the ITN process have been arrived at independently and without consultation, communication, or agreement with any other Respondent or potential

Respondent; the contents of a Reply, the prices and the amounts, actual or approximate, have not been disclosed to any other Respondent or potential Respondent, and they will not be disclosed before the ITN opening.

• 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 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.

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

o Is presently indicted or, within the preceding three years, has been convicted or found guilty of, or found civilly liable for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a federal, state, or local government transaction or public contract; violation of federal or state antitrust statutes; or commission of embezzlement, theft, forgery, bribery, falsif ication or destruction of records, making false statements, or receiving stolen property; or

ITN No.: DMS-24/25-249 Page 18 of 40 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.

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

• The Respondent has read and understands the Contract terms and conditions listed in

Attachment C, Draft Contract, and the submission is made in conformance with those terms and conditions.

• If an award is made to the Respondent, the Respondent agrees that it intends to be legally bound to the Contract that is negotiated during the ITN process.

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

• The Respondent shall indemnify, defend, and hold harmless the Department and its employees against any cost, damage, or expense which may be incurred or be caused by the

Respondent’s Reply (including any errors therein).

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

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

The Department reserves the right to deem the Respondent non-responsive or not responsible based on any information provided in, or omitted from, the Respondent’s Reply related to the certif ications of this section.

Section 14. Firm Response

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

In addition, the Department may enter into a Contract within 180 Calendar Days after the date the award is posted, during which period Replies, as may be further negotiated, shall remain firm and shall not be withdrawn. If a Contract is not executed within 180 Calendar Days, the Replies, as may be further negotiated, shall remain firm until either the Contract is executed, or the Department receives from a Respondent written notice that the Reply is withdrawn.

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Section 15. Clarifying Information.

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 clarif ications from any Respondent at any time.

Failure to supply the information or documentation as requested may result in the Reply being deemed non-responsive.

Section 20. Protests

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

3.3 MFMP Registration and Florida Substitute Form W-9 Process

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

The awarded Respondent, if any, will be required to pay the required MFMP transaction fee(s) as specified in Section 14 of the PUR 1000, unless an exemption has been requested and approved in accordance with Rule 60A-1.031, F.A.C.

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

Florida Substitute Form W-9. For instructions on how to complete the Florida Substitute Form W-

9, please visit: https://f lvendor.myfloridacfo.com/.

3.4 How to Access the Sourcing Event in MyFloridaMarketPlace

3.4.1 VIP and Business Network Registration

A Vendor must be registered in the MyFloridaMarketPlace (MFMP) Vendor Information

Portal (VIP) to submit its intent to participate in this solicitation from the Advertisements

Dashboard in VIP. A Vendor must also be registered in the Business Network (formerly known as Ariba Network) to submit a Reply for this solicitation event.

To participate in this solicitation, a Vendor must:

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

b) Once registered in VIP, search for this solicitation from the Advertisements

Dashboard and click “Intends to Participate.”

https://flvendor.myfloridacfo.com/

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

Assistance.

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

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

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

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

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

b) To navigate to different tools, select the “Business Network” drop down menu at the top left-hand corner of the screen. To access sourcing

(solicitation) events select “Ariba Proposals & Questionnaires” and review the “Events” list.

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

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

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

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

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

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• 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 completed before a Vendor can respond to this solicitation, including accepting the Ariba Network’s Respondent’s Agreement.

For more information on reviewing and submitting a response, access MFMP training materials using the link in Section 3.4.2 MFMP Training below.

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

THEIR RESPONSE AND ALL REQUIRED DOCUMENTS IN THE BUSINESS NETWORK

BY THE TIME AND DATE LISTED IN SECTION 1.9, 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.

3.4.2 MFMP Training

MFMP University offers Vendor training materials on the Department’s MFMP Vendor

Training website. To access the MFMP Vendor Guide for information on VIP registration, commodity codes, and responding to solicitations in the Business Network, please visit:

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

3.4.3 MFMP Assistance

If you need assistance with using MFMP, please contact the MFMP Customer Service Desk at 866-352-3776 or VendorHelp@myfloridamarketplace.com. The MFMP Customer

Service Desk cannot answer questions about the ITN content. All solicitation questions must be submitted in accordance with Section 2.2, Questions and Answers.

3.5 Contents of Reply

The Respondent’s Reply 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 Reply. The only recognized changes to this ITN prior to the opening of Replies will be by written addenda issued by the Department.

All electronic documents should be searchable to the fullest extent practicable. Do not incorporate or reference dynamic links that are external to the Reply documents. If the Respondent deems it 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 mailto:VendorHelp@myfloridamarketplace.com

ITN No.: DMS-24/25-249 Page 22 of 40 necessary to provide website references, provide screen shots in lieu of weblinks. References to dynamic links (Universal Resource Locators) will not be considered as part of the Respondent’s

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

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