DMS 2526-039 Investment Consulting and Monitoring ITB - Final.pdf

4050 Esplanade Way

Tallahassee, FL 32399-0950

Ron DeSantis, Governor Tom Berger, Interim Secretary

THE STATE OF FLORIDA DEPARTMENT OF MANAGEMENT SERVICES

INVITATION TO BID FOR

INVESTMENT CONSULTING AND MONITORING SERVICES FOR THE STATE

UNIVERSITY SYSTEM OPTIONAL RETIREMENT PROGRAM (SUSORP) AND

SENIOR MANAGEMENT SERVICE OPTIONAL ANNUITY PROGRAM (SMSOAP)

ITB NO.: DMS-25/26-039

Refer ALL inquiries to:

Procurement Officer: Araceli Serna Departmental Purchasing

Florida Department of Management Services 4050 Esplanade Way, Suite 260

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

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

Any protest concerning an agency decision or intended decision must be timely filed with the Department of Management Services’ Agency Clerk. Protests may be filed by courier, hand delivery, or regular mail at:

Department of Management Services, Office of the General Counsel, Attention: Agency Clerk, 4050 Esplanade Way, Suite 160, Tallahassee, Florida 32399-0950. Protests may also be filed by fax at 850- 922- 6312, or by email at agencyclerk@dms.fl.gov. It is the filing party's responsibility to meet all filing deadlines.

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

Bidders 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.fl.gov mailto:agencyclerk@dms.fl.gov

DMS-25/26-039 Page 2 of 26 Investment Consulting and Monitoring Services

Table of Contents

SECTION 1. INTRODUCTION 4

1.1 Solicitation Objective 4

1.2 Background Information 4

1.3 Term 4

1.4 Definitions 4

1.5 Timeline of Events 6

1.6 Special Accommodations 7

1.7 Procurement Officer 7

1.8 Order of Precedence for Solicitation 8

SECTION 2. SOLICITATION PROCESS 8

2.1 Questions and Answers 8

2.2 Addenda to the Solicitation 8

2.3 Public Opening 8

2.4 Bidders Mandatory Responsiveness Requirements 9

2.5 Contract Formation 9

2.6 Modification or Withdrawal of Bid 9

2.7 Supplier Development 9

SECTION 3. GENERAL AND SPECIAL INSTRUCTIONS 10

3.1 General Instructions 10

3.2 Special Instructions 10

3.3 Other Requirements Following Award 14

3.4 How to Submit a Bid 14

3.5 Contents of Bid 16

3.6 Price Sheet Instructions 17

SECTION 4. SELECTION METHODOLOGY 17

4.1 Basis of Award 17

4.2 Department’s Rights to Reject Bids 18

4.3 Equal Bids 19

SECTION 5. AWARD 19

5.1 Rights for Award 19

5.2 Agency Decision 19

DMS-25/26-039 Page 3 of 26

Attachments:

Attachment A - Scope of Work Attachment B - Draft Contract Attachment C - Price Sheet Attachment D - Performance Standards and Financial Consequences Attachment E – Non-Disclosure Agreement Attachment F – List of Authorized Products Attachment G – PUR 7801 Vendor Certification Form

Required Forms:

Form 1 – Contact Information Form 2 – Notice of No Conflict-of-Interest Form 3 – Non-Collusion Affidavit Form 4 – Statement of No Involvement Form 5 – Mandatory Responsiveness Requirements

Form 6 – PUR 2024, Use of Coercion/Forced Labor Combined Form Form 7 – Certification of Drug Free Workplace

REMAINDER OF PAGE INTENTIONALLY LEFT BLANK

DMS-25/26-039 Page 4 of 26

SECTION 1. INTRODUCTION

1.1 Solicitation Objective

The Department of Management Services (Department or DMS), Division of Retirement is issuing this Invitation to Bid (ITB) to establish a contract(s) for Investment Consulting and Monitoring Services for the State University System Optional Retirement Program (SUSORP) and Senior Management Service Optional Annuity Program (SMSOAP). The Department intends to make a single award. However, the Department reserves the right to award to one or multiple Bidders, or to make no award, as determined to be in the best interest of the State.

The historic annual spend for the Services being procured through this solicitation is approximately $12,000.00. Historical spending is provided for informational purposes only and should not be construed as representing actual, guaranteed, or minimum spend under a new contract.

1.2 Background Information

The Department is responsible for the delivery of a high quality, innovative and cost-effective retirement system. This solicitation is for investment consulting and monitoring Services for the State University System Optional Retirement Program (SUSORP) and the Senior Management Service Optional Annuity Program (SMSOAP). A brief description of each program is as follows:

1.2.1 SUSORP

Pursuant to section 121.35, F.S., the Department administers the SUSORP, an Internal Revenue Code section 403(b) retirement Plan that serves the retirement needs for approximately 18,000 Members employed by the twelve state universities in Florida.

The four current Service Providers who receive ongoing contributions for the SUSORP are: Corebridge Financial (formerly AIG-VALIC), Equitable, TIAA and Voya. All contributions to the Plan are on a pre-tax basis.

1.2.2 SMSOAP

Pursuant to section 121.055, F.S., the Department also oversees administration of the SMSOAP, an Internal Revenue Code section 401(a) retirement Plan that serves the retirement needs for five (5) active Members employed by the State and 128 inactive Members.

There are four (4) Service Providers who receive ongoing contributions: Empower (Great West), TIAA, VALIC, and Voya Financial. Great West maintains Legacy Investment Products for SMSOAP participants. Only annuity investments are permitted in SMSOAP.

Employer and required Member contributions to the Plan are on a pre-tax basis. Any voluntary Member contributions are on a post-tax basis.

1.3 Term

The initial term of the Contract(s) will be in accordance with section 2.1, Initial Term, of Attachment B - Draft Contract.

1.4 Definitions

The following definitions apply to this ITB. Definitions contained in section 287.012, Florida Statutes (F.S); Rule 60A-1.001, Florida Administrative Code (F.A.C); and Attachment B - Draft Contract are incorporated by reference. In the event of a conflict, the definitions listed in this section supersede the incorporated definitions for the purposes of this ITB document. All definitions apply in both their singular and plural sense.

DMS-25/26-039 Page 5 of 26

1.4.1 Attachment(s) - Means the attachments, addenda, schedules, exbibits, and other documents, however so titled, attached hereto or incorporated by reference herein.

1.4.2 Authorized Products - The investments approved by the Department, under separate contract(s) to be sold or offered for sale by Service Provider(s) to Members of the SUSORP or the SMSOAP. This includes products sold under a prior contract. A current list of products is included in Attachment F – List of Authorized Products.

1.4.3 Bid - The document(s) submitted by a Bidder in response to this ITB. The term Bid is used interchangeably with Response.

1.4.4 Bidder - A Vendor who submits a bid to this solicitation. The term Bidder is used interchangeably with Respondent.

1.4.5 Business Day - 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.

1.4.6 Business Network – The Business Network (formerly known as Ariba Network) is an online marketplace that connects vendors and buyers for solicitations collaboration and purchasing transactions. A Business Network account is required to submit responses to electronic solicitations.

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

Florida has adopted the United Nations Standard Products and Services Code (UNSPSC) for classifying commodities and services.

1.4.8 Confidential Information - Information or material which (i) meets the definition of “Trade Secret” in section 812.081(1)(f), Florida Statutes.; or (ii) is otherwise exempt from the disclosure of public records required by Article I, Section 24, Florida Constitution (exemptions may be found in Chapter 119, F.S., other Florida laws, and preempting Federal laws or regulations).

1.4.9 Contract - The written agreement resulting from this solicitation, between the Department and the awarded Bidder(s).

1.4.10 Contractor - The Vendor(s) that enters into a Contract as a result of this solicitation.

1.4.11 Department - The Florida Department of Management Services or its designee.

1.4.12 Department Service Provider – DMS contracted or non-contracted investment contractor with active and/or inactive contracts for annuity and mutual fund investment products.

1.4.13 Division - The Department’s Division of Retirement.

1.4.14 Employer - For SMSOAP, any agency of the State of Florida, and for SUSORP the Department of Education, the State University System, the Board of Governors of the State University System, or FRS Employers.

1.4.15 Invitation To Bid (ITB) - Reference to ITB number DMS-25/26-039, Investment Consulting and Monitoring for SUSORP/SMSOAP, including all attachments and addenda.

1.4.16 Legacy Investment Products: Annuity and mutual fund products that were offered by former Department Service Providers that are no longer under contract but still have Member assets that may or may not receive contributions.

1.4.17 MyFloridaMarketPlace (MFMP) – The State’s eProcurement system, MyFloridaMarketPlace, is accessible at:

https://www.dms.myflorida.com/business_operations/state_purchasing/myfloridamarket place/mfmp_vendors https://www.dms.myflorida.com/business_operations/state_purchasing/myfloridamarketplace/mfmp_vendors

DMS-25/26-039 Page 6 of 26

1.4.18 Plan(s) - The State University System Optional Retirement Program (SUSORP) and the Senior Management Service Optional Annuity Program (SMSOAP).

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

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

1.4.20 PUR 1001 -- The standard “General Instructions to Respondents” Form PUR 1001 (10/06), as incorporated by reference in Rule 60A-1.002(7), F.A.C., and can be accessed at: https://dms-media.ccplatform.net/content/download/2934/file/PUR%201001%20General%20Instruc tions%20to%20Respondents.pdf

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

1.4.22 SMSOAP: Senior Management Service Optional Annuity Program. Pursuant to Section 121.055, Florida Statutes, the SMSOAP is a 401(a), Internal Revenue Code, qualified defined contribution retirement Plan consisting of annuity investment products for State Personnel System Senior Managers and managerial staff of the Florida Legislature, Judicial Branch, Auditor General, and the State Board of Administration.

1.4.23 SUSORP: State University System Optional Retirement Program. Pursuant to Section 121.35, Florida Statutes, the SUSORP is a 403(b), Internal Revenue Code, qualified defined contribution retirement Plan consisting of retirement and death benefits for eligible members of the State University System who elect to participate in the program.

1.4.24 State – The State of Florida.

1.4.25 Vendor(s) – An entity that is capable and in the business of providing a commodity or service similar to those listed within this solicitation.

1.4.26 Vendor Information Portal (VIP) – The State of Florida’s vendor registration, supplier development, and bidding system developed in accordance with section 287.042(3), F.S.

The Vendor Information Portal is accessible at https://vendor.myfloridamarketplace.com.

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 Bidder’s responsibility to check for any changes on the VIP at https://vendor.myfloridamarketplace.com/. Bidders are responsible for submitting all required documentation by the dates and times specified below. (All times indicated are Eastern Time).

Timeline of Events

Event

Time (Eastern

Time)

Date

Solicitation posted on the VIP April 17, 2026

Deadline for Bidders to submit questions to Procurement Officer

2:00 PM May 1, 2026 https://dms-media.ccplatform.net/content/download/2933/file/PUR%201000%20%28General%20Contract%20Conditions%29.pdf https://dms-media.ccplatform.net/content/download/2933/file/PUR%201000%20%28General%20Contract%20Conditions%29.pdf https://dms-media.ccplatform.net/content/download/2933/file/PUR%201000%20%28General%20Contract%20Conditions%29.pdf https://dms-media.ccplatform.net/content/download/2934/file/PUR%201001%20General%20Instructions%20to%20Respondents.pdf https://dms-media.ccplatform.net/content/download/2934/file/PUR%201001%20General%20Instructions%20to%20Respondents.pdf https://dms-media.ccplatform.net/content/download/2934/file/PUR%201001%20General%20Instructions%20to%20Respondents.pdf https://gcc02.safelinks.protection.outlook.com/?url=https%3A%2F%2Fvendor.myfloridamarketplace.com%2F&data=05%7C02%7CNicole.Walker%40dms.fl.gov%7Cdb5a83cf86c24263ed2108dd61733b78%7Ced173fed38394a3ca952140e906fed8d%7C0%7C0%7C638773869718816111%7CUnknown%7CTWFpbGZsb3d8eyJFbXB0eU1hcGkiOnRydWUsIlYiOiIwLjAuMDAwMCIsIlAiOiJXaW4zMiIsIkFOIjoiTWFpbCIsIldUIjoyfQ%3D%3D%7C0%7C%7C%7C&sdata=ZuBvgWrQguSN22t8ccuaVYEOMxY2C89oaljURPelkeQ%3D&reserved=0 https://vendor.myfloridamarketplace.com/

DMS-25/26-039 Page 7 of 26

Timeline of Events

Event

Time (Eastern

Time)

Department’s anticipated date of posting Q & A Addendum on the VIP

May 8, 2026

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

2:00 PM May 20, 2026

Public Opening:

Department of Management Services Conference Room 260K 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: 984-544-099

3:00 PM May 20, 2026

Anticipated date to post Notice of Intent to Award on the VIP

June 1, 2026

Anticipated Contract start date August 8, 2026

1.6 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 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).

1.7 Procurement Officer

In accordance with the PUR 1001, section 21, (Limitation on Vendor Contact with Agency During Solicitation Period), the Procurement Officer is the sole point of contact for this ITB. Violation of this restriction may be grounds for rejecting a Bid.

The contact information for the Procurement Officer is:

Araceli Serna, Departmental Purchasing

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 ITB NUMBER

IN THE SUBJECT LINE OF THE EMAIL. ***

If a Bidder claims that any portion of an email is trade secret under Section 812.081, F.S., or mailto:ADA.Coordinator@dms.fl.gov mailto:DMS.Purchasing@dms.fl.gov

DMS-25/26-039 Page 8 of 26 otherwise confidential under Florida or Federal Law, the Respondent must place the word “Confidential” in the subject line.

1.8 Order of Precedence for Solicitation

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

1.8.1 Addenda to ITB, if issued (in reverse order of issuance);

1.8.2 Attachment A, Scope of Work

1.8.3 Attachment C, Price Sheet

1.8.4 Attachment B, Draft Contract

1.8.5 This ITB document and all attachments;

1.8.6 PUR 1001, General Instructions

SECTION 2. SOLICITATION PROCESS

2.1 Questions and Answers

The Department invites interested and registered Vendors to submit questions regarding the solicitation. Questions must be submitted to the Procurement Officer via email by the time and date reflected in the ‘Timeline of Events’ section. Bidders are strongly encouraged to ask any questions regarding this ITB, including the proposed Draft Contract terms and conditions, prior to the deadline to submit questions. The Department is not obligated to revise the solicitation or attachments and the answers posted to the Questions and Answers by the date in the Timeline of Events section of this ITB do not in themselves constitute addenda to this ITB.

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

Questions should be submitted in the following format:

Vendor Question # Vendor Name ITB Section ITB Page # Question

Questions will not constitute a formal protest of the specifications of this ITB. Responses to all written inquiries, as well as all clarifications or addenda, if any, will be made through a posting on VIP.

2.2 Addenda to the Solicitation

The Department reserves the right to modify this ITB by addenda posted on the VIP. Addenda may modify any aspect of this solicitation. It is the Bidder’s responsibility to check the VIP for any changes throughout the procurement process and prior to submitting a Bid.

Bidders are not authorized to make any changes to the ITB, including forms or attachments that it submits with its Bid, unless otherwise specified. Making such modifications may be grounds for deeming the Bidder non-Responsive.

2.3 Public Opening

Bids will be opened on the date and at the location indicated in subsection 1.5, Timeline of Events, of this solicitation. 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.

DMS-25/26-039 Page 9 of 26

2.4 Bidders Mandatory Responsiveness Requirements

The Department will not review Bids from Bidders who do not meet the mandatory Responsiveness requirements listed on Form 5 - Mandatory Responsiveness Requirements, including the submission of additional documents therein and the signed form.

The Department will perform an initial responsiveness check. Bids 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 Bid or Bidder. The Department reserves the right to reject any and all bids and to re-solicit if in the best interest of the Department.

2.5 Contract Formation

The Department may issue a “Notice of Intent to Award” to award the Contract(s) to the successful Bidder(s). The award does not imply execution of a contract. No contract shall be formed between a Bidder and the Department until both parties sign the Contract. The Department shall not be liable for payment for any work performed before the Contract is effective.

The Department intends to enter into the Contract(s) with a Bidder(s) pursuant to Section 4.1, Basis of Award, of this ITB. No additional documents submitted by a Bidder shall be incorporated in the Contract unless they are specifically identified, incorporated by reference, and approved by the Department. If any additional documents are submitted by the Bidder, the additional documents will not be considered for the Basis for Award.

The Contract will consist of Attachment A - Scope of Work, Attachment B - Draft Contract, Attachment C - Price Sheet, Attachment D - Performance Standards and Financial Consequences. No additional documents submitted by a Bidder will be incorporated in the Contract unless they are specifically identified, incorporated by reference, and approved by the Department.

The PUR 1000 is also incorporated into the Contract by reference.

By submitting a Bid, the Respondent acknowledges its understanding and acceptance of all terms and conditions of the documents identified above that will form the Contract.

2.6 Modification or Withdrawal of Bid

Bidders are responsible for the content and accuracy of their Bids. A Bidder may modify or withdraw its Bid in the Business Network at any time prior to the Bid due date and time set forth in Section 1.5, Timeline of Events, of this ITB. A bid may be withdrawn by notifying the Procurement Officer in writing before the bid opening.

2.7 Supplier Development

2.7.1 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 certifications and provides advocacy, outreach, and networking through regional business events. For additional information, please contact the Office of Supplier Development (OSD) at OSDHelp@dms.fl.gov.

The Office of Supplier Development’s Mentor-Protégé Program connects certified mailto:OSDHelp@dms.fl.gov

DMS-25/26-039 Page 10 of 26 businesses with private business entities for business development mentoring. The Department strongly encourages Vendors doing business with the State 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 Development at 850-487-0915 or by email at: OSDHelp@dms.fl.gov

2.7.2 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 identification 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 Contract.

SECTION 3. GENERAL AND SPECIAL INSTRUCTIONS

3.1 General Instructions

The PUR 1001, as modified in Section 3.2 below, is incorporated by reference.

3.2 Special Instructions

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

PUR 1001.

Sections 8, 10, 13, 17, and 18 of the PUR 1001 are deleted in entirety.

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

3. Electronic Submission of Bids. Bids shall be submitted in accordance with Section

3.4 of this ITB, How to Submit a Bid.

4. Terms and Conditions. All Bids are subject to the terms of this ITB, which, in case of conflict, shall have the order of precedence listed in Section 1.8 of this ITB, Order of Precedence for Solicitation.

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

5. Questions. Questions shall be submitted in accordance with Section 2.1 of this ITB, Questions and Answers.

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 mailto:OSDHelp@dms.fl.gov

DMS-25/26-039 Page 11 of 26 not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in section 287.017, F.S. for Category two for a period of 36 months following the date of being placed on the Convicted Vendor List.

b. Discriminatory Vendor List.

Pursuant to section 287.134, F.S., an entity or affiliate who has been placed on the Discriminatory Vendor List may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity.

c. Antitrust Violator Vendor List.

Pursuant to section 287.137, F.S., a person or an affiliate who has been placed on the Antitrust Violator Vendor List following a conviction or being held civilly liable for an antitrust violation may not submit a bid, proposal, or reply for any new contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply for a new contract with a public entity for the construction or repair of a public building or public work; may not submit a bid, proposal, or reply on new leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a new contract with a public entity; and may not transact new business with a public entity.

d. Forced Labor Vendor List.

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

award a contract to; or transact business pertaining to the provision of commodities with a company on the forced labor vendor list, or an entity under the control of such company, for a period of 365 days after the date the company was placed on the list unless the company is removed from the list pursuant to section 287.1346(5)(d), F.S.

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

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

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

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

d) The prices and amounts have been arrived at independently and without consultation, communication, or agreement with any other Bidder or potential Bidder;

neither the prices nor amounts, actual or approximate, have been disclosed to any other Bidder or potential Bidder, and they will not be disclosed before the solicitation

DMS-25/26-039 Page 12 of 26 opening.

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

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

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

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

g) The products and/or services offered by the Bidder will conform to the specifications contained herein without exception.

h) The Bidder has read and understands the terms and conditions listed in Attachment B

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

i) If an award is made to the Bidder, the Bidder agrees that it will execute the Attachment B - Draft Contract.

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

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

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

m) By submitting its Bid, the Bidder agrees to waive any objections to requirements contained in the solicitation, including any addenda thereto.

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

14. Firm Response. The Department may make an award within 120 days after the date of the opening, during which period Bids shall remain firm and shall not be withdrawn. If

DMS-25/26-039 Page 13 of 26 an award is not made within 120 days, the Bid shall remain firm until the Department enters into a Contract or the Department receives from the Bidder written notice that the Bid is withdrawn.

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

19. Public Records. 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 Bids are public records and are subject to disclosure unless exempt from disclosure by law. If the Respondent considers any portion of its Bid 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 Bid. For each redacted portion, the Respondent is to briefly describe in writing the grounds for claiming an exemption from disclosure, including the specific statutory citation for such exemption.

On the cover of the redacted copy, the Respondent is to provide its name, the name and number of this solicitation, 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., Bids are exempt from production in response to public records requests until such time as the Department provides notice of an intended decision or until 30 days after opening the Bids, 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 Bid, 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 Bid 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.

20. Protest Failure to file a protest within the time prescribed in section 120.57(3), Florida Statutes, or failure to post the bond or other security required by law within the time allowed for filing a bond shall constitute a waiver of proceedings under Chapter 120, Florida Statutes. Any protest must be timely filed with the Department of Management Services’ Agency Clerk

DMS-25/26-039 Page 14 of 26 listed at: http://www.dms.myflorida.com/agency_administration/general_counsel

3.3 Other Requirements Following Award

3.3.1 Florida Substitute Form W-9 Process

It is the responsibility of the awarded Bidder(s) to complete a Florida Substitute Form W-9 prior to execution of a Contract. The Internal Revenue Service receives and validates the information provided on the Florida Substitute Form W-9. For instructions on how to complete the Florida Substitute Form W-9, please visit:

https://flvendor.myfloridacfo.com/.

3.3.2 MFMP Transaction Fee

The awarded Bidder(s) will be required to pay the required MFMP transaction fee(s) as specified in Section 7 of the PUR 1000, unless an exemption has been requested and approved prior to the award of the Contract, pursuant to Rule 60A-1.031, Florida Administrative Code.

For additional information, please visit:

https://www.dms.myflorida.com/business_operations/state_purchasing/myfloridamar ketplace/mfmp_vendors/transaction_fee_and_reporting.

3.3.3 Registration with the Florida Department of State

If awarded a Contract, the Bidder(s) shall provide a PDF file of its current and active registration with the Florida Department of State prior to execution of a Contract or, if exempt from registration, a statement to that effect noting the basis for the exemption.

Bidder(s) should note that foreign entities are required to obtain a Florida Certificate of Authorization pursuant to applicable Florida Statues from the Florida Department of State, Division of Corporations, to transact business in the State of Florida. For additional information, please visit https://dos.myflorida.com/sunbiz

3.3.4 PUR 7801 Vendor Certification Form

It is the responsibility of the awarded Bidder(s) to provide a completed Attachment G, PUR 7801 Vendor Certification Form, prior to Contract execution and annually thereafter throughout the term of the Contract. A completed Attachment G, PUR 7801 Vendor Certification Form includes any required forms referenced therein.

3.4 How to Submit a Bid

Vendors must submit their bid through MFMP, as provided herein.

3.4.1 MFMP Registration

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

3.4.1.1 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.”

http://www.dms.myflorida.com/agency_administration/general_counsel https://flvendor.myfloridacfo.com/ https://www.dms.myflorida.com/business_operations/state_purchasing/myfloridamarketplace/mfmp_vendors/transaction_fee_and_reporting https://www.dms.myflorida.com/business_operations/state_purchasing/myfloridamarketplace/mfmp_vendors/transaction_fee_and_reporting https://dos.myflorida.com/sunbiz

DMS-25/26-039 Page 15 of 26

c. The Vendor’s solicitation contact as listed in Vendor’s MFMP/VIP account will receive an invitation to participate in the solicitation via email. This email will give the option to register the Vendor’s company on the Business Network or to log into the Business Network using the Vendor’s credentials if the Vendor already has a Business Network account.

3.4.1.2 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.

b. 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.

3.4.1.3 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.

2) 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.

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

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

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

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

DMS-25/26-039 Page 16 of 26

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 THE TIMELINE OF

EVENTS IN ORDER TO PARTICIPATE IN THIS SOLICITATION.

NOTE: Changes made in MFMP, 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. Please visit:

https://www.dms.myflorida.com/business_operations/state_purchasing/myfloridama rketplace/mfmp_vendors to access the MFMP Vendor Guide for information on VIP registration, commodity codes, and responding to solicitations in the Business Network.

3.4.3 MFMP Assistance

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

3.5 Contents of Bid

Bidders shall complete and submit each item below in its entirety or the Bidder may be deemed non-responsive. The Respondent’s Bid 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 Bid. Do not incorporate or reference dynamic links that are external to the bid documents. References to dynamic links (Universal Resource Locators) will not be considered as part of the Respondent’s Bid. The only recognized changes to this ITB prior to the opening of Bids will be via written amendments issued by the Department.

Each form and Bid shall be included as a standalone document in the applicable Tab stated below. Bidders shall submit provided documents in the file format they are received and shall not alter any portion of the documents except as necessary to provide the requested information.

The following sections of the Bid shall be submitted in accordance with Section 3.4, How to Submit a Bid, of this ITB:

Tab 1 A cover letter with the following information:

• Company name and physical address

• Primary location(s) from where work will be performed.

• Contact information for primary point of contact, including telephone number and email address

• Federal Employer Identification Number (FEIN)

Tab 2 Completed FORMS and ATTACHMENTS:

Complete and upload the following forms in their entirety as individual unprotected PDF documents as part of the bid submission. Forms appearing below under the ‘Mandatory’ heading https://www.dms.myflorida.com/business_operations/state_purchasing/myfloridamarketplace/mfmp_vendors https://fldms.sharepoint.com/sites/DP-Files/Main/Completed%20Solicitations/REDM/DMS-2425-265%20-%20Water%20Based%20Fire%20Inspection%20-%20Region%203-4/2.%20Solicitation/Final/MFMP.VendorHelp@dms.fl.gov

DMS-25/26-039 Page 17 of 26 must be completed submitted with the bidder’s bid submission. Failure to submit forms designated as Mandatory with the bid submission may result in the Department finding that bid to be non-responsive.

Non-Mandatory

• Form 1 – Contact Information Form

• Form 2 – Notice of No Conflict of Interest

• Form 3 – Non-Collusion Affidavit

• Form 4 – Statement Of No Involvement

• Form 7 – Certification of Drug Free Workplace (if applicable)

Mandatory

• Form 5 – Mandatory Responsiveness Requirements

• Form 6 – PUR 2024, Use of Coercion/Forced Labor Combined Form

• Attachment C – Price Sheet

• Attachment G – PUR 7801 Vendor Certification Form

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

Tab 3 Confidential Information (Optional):

Should any portion of the Respondent’s Bid contain Confidential Information, submit one (1) copy of the entire Bid with Confidential Information redacted and include the basis of the exemption(s) that the Bidder contends is applicable to each portion of the record redacted, including the specific statutory citation for such exemption(s). Respondents will not be penalized for failing to submit a redacted copy.

3.6 Price Sheet Instructions

3.6.1 The Bidder must submit Attachment C - Price Sheet, as detailed in Section 3.5, Contents of Bid, of this ITB.

3.6.2 The Attachment C - Price Sheet must include prices for both the initial and renewal years in ALL highlighted cells.

3.6.3 Failure to provide a price in all highlighted cells for Attachment C - Price Sheet shall result in the Bidder being deemed non-responsive.

3.6.4 Providing ranges (e.g., $100-$200) in any cell will not be accepted and will result in the Bidder being deemed non-responsive.

3.6.5 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). No material alterations of the original price sheet shall be accepted.

3.6.6 Prices bid shall remain firm for the life of the Contract. Price adjustments shall not be allowed.

SECTION 4. SELECTION METHODOLOGY

4.1 Basis of Award

A Contract will be awarded to the responsive and responsible Bidder that submits the lowest

DMS-25/26-039 Page 18 of 26 total weighted price.

The Department will consider the total cost for each year of the Contract, including renewal years, as submitted by the Bidder. The Department reserves the right to reject all Bids.

4.1.1 The Bidder shall submit Attachment C - Price Sheet in accordance with the Price Sheet Instructions Section of this ITB. The Contract will be awarded to the responsible and responsive bidder with the lowest Total Weighted Price.

Initial Term Reviews and Reports (50%) Renewal Term Reviews and Reports (40%) Initial & Renewal Terms Ad Hoc Consulting Services (10%)

4.1.2 Total Weighted Price

The Bidder’s Total Weighted Price will be calculated by the Department using the following formula:

A(0.5) + B(0.4) + C(0.1) = Z

Where:

A = Initial Term Reviews and Reports Total B = Renewal Term Reviews and Reports Total C = Initial and Renewal Terms Ad Hoc Consulting Services Total Z = Total Weighted Price

4.1.3 The Department reserves the right to award a Contract to the responsible and responsive Respondent that submits the Bid with the next lowest total weighted price if the Department cannot execute a Contract with the awarded Respondent.

4.2 Department’s Rights to Reject Bids

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

4.2.2 Bids that do not meet all requirements, specifications, terms, and conditions of the solicitation or fail to provide all required information, documents, or materials may be rejected as non-responsive.

4.2.3 Bidders whose Bids, contract performance, or current status do not reflect the capability, integrity, or reliability to fully and in good faith perform the requirements of the Contract may be rejected as non-responsible.

4.2.4 In making such determinations, the Department may also consult, but is not limited to, court filings and reports available from local, state, or federal agencies. Filing for bankruptcy or insolvency, conviction of any corporate officer of a crime involving fraud, dishonesty, unfair or deceptive trade practices, bid or price fixing or any other offense related to public procurement, or having a contract with any state or governmental entity terminated for breach or for failure to perform, within the past 10 years, may also be grounds for finding a Bidder non-responsive.

4.2.5 The Department reserves the right to determine which Bids meet the requirements of this solicitation and which Bidders are responsive and responsible.

4.2.6 The Department is placing vendors on notice of the prohibitions against considering social, political, or ideological interests in government contracting contained in section

DMS-25/26-039 Page 19 of 26

287.05701, F.S.

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

4.2.8 A deviation from a requirement or condition is material if, in the Department’s discretion, it provides a substantial advantage to one Bidder over another or has a potentially significant effect on the quality of the Bid or on the cost to the State.

4.3 Equal Bids

In the event that multiple awards are not contemplated in the ITB, and the Department receives equal Bids eligible for award, the Department will comply with the following, as applicable:

sections 287.057(12), 287.082, 287.087, 287.092, 295.187(4)(a), and 295.187(4)(b), F.S. In order to clarify the Bidders’ status with regard to the applicable statutory preference requirements, the Department may request information from Bidders with…