DOH24-013 Fiscal Fiduciary Agent FINAL.pdf

Version 2.13.2024

TITLE PAGE

FLORIDA DEPARTMENT OF HEALTH

DOH24-013

2.2018

INVITATION TO NEGOTIATE (ITN)

FOR

Fiscal Fiduciary Agent for HIV Patient Care and Treatment Services

Respondent Name:

Respondent Mailing Address:

City, State, Zip:

Phone: Fax Number:

E-Mail Address:

Federal Employer Identification Number (FEID):

BY AFFIXING MY SIGNATURE ON THIS REPLY, I HEREBY STATE THAT I HAVE READ THE

ENTIRE ITN TERMS, CONDITIONS, PROVISIONS AND SPECIFICATIONS AND ALL ITS

ATTACHMENTS, INCLUDING THE REFERENCED PUR 1000 AND PUR 1001.

I hereby certify that my company, its employees, and its principals agree to all of the terms, conditions, provisions and specifications during the competitive solicitation and any resulting Contract including those contained in the Standard Contract

Signature of Authorized Representative:

Printed (Typed) Name and Title:

*An authorized representative is an officer of the respondent’s organization who has legal authority to bind the organization to the provisions of the Reply. This usually is the President, Chairman of the Board, or owner of the entity.

document establishing delegated authority must be included with the Reply if signed by someone other than the authorized representative.

Invitation to Negotiate DOH24-013 Fiscal Fiduciary Agent for HIV Patient Care and Treatment Services Page | 2

TABLE OF CONTENTS

SECTION 1.0: Introduction……………………………………………

SECTION 2.0: Procurement Rules and Information

SECTION 3.0: Instructions for Reply Submittal

SECTION 4.0: Reply Evaluation and Negotiation Process

SECTION 5.0: Special Conditions

ATTACHMENT A: Scope of Services

ATTACHMENT B: Budget Narrative

ATTACHMENT C: Evaluation Criteria

ATTACHMENT D: Prior Experience Form

ATTACHMENT E: Statement of Non-Collusion

ATTACHMENT F: Respondent Certification Regarding Scrutinized Companies List

ATTACHMENT G: Identical Tie Certification……………………………………………….….

ATTACHMENT H: Application, Data Security, and Confidentiality

ATTACHMENT I: Foreign Countries of Concern Attestation

ATTACHMENT J: Subcontractors List……………………………………………………..…..

ATTACHMENT K: HIPPA Business Associate Agreement……………………………..……

ATTACHMENT L: Background and Drug Screening Attestation………………………..….

ATTACHMENT M: PUR7801 Vendor Certification Form……………………………………..

ATTACHMENT N: PUR2024 Use of Coercion Forced Labor……………………………….

EXHIBIT AA: Unit of Service Definitions……………………………………………………….

EXHIBIT BB: Methodology for Statewide Distribution of Project Funds…………………...

EXHIBIT CC: Recipient/Subrecipient and Contractor/Vendor

Determination Checklist………………………………………………………….

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SECTION 1.0: INTRODUCTION

1.1 Statement of Purpose

The Department of Health (Department) is requesting replies from qualified respondents to provide fiscal fiduciary services to include: managing grant funds; managing the procurement of a direct client service network of subcontracted providers; managing payment of invoices; and ensuring funds are used for allowable direct client services of Ryan White HIV/AIDS Program (RWHAP) Part B in accordance with applicable legislative, regulatory, and programmatic requirements.

Section 1.1.1. Legal Authority

Chapter 287, Florida Statutes Section 381.003, Florida Statutes Chapter 64D-4, Florida Administrative Code

1.2 Incorporation by Reference

The PUR 1001, General Instructions to Respondents (PUR 1001), and PUR 1000, General Contract Requirements (PUR 1000), are hereby incorporated by reference to the terms of this solicitation. Refer to Sections 3.1 and 4.1 of this ITN for further detail.

1.3 Solicitation Objective

The Department intends to acquire the services of a subrecipient. The Department anticipates an annual allocation of $36,380,000.00 for the services procured through this ITN. At minimum, ninety-three percent (93%) of the allocation must be used for direct client services as referenced in the Direct Client Service Methodology for Statewide Distribution of Project Funds (Exhibit BB). The remaining allocation may be used to administer the grant funds as the fiduciary agent.

The Department intends to enter into a contract using Attachment A, Scope of Services, and make a single award, however, the Department reserves the right to award to multiple Respondents, or to make no award, as determined to be in the best interest of the State.

1.4 Background

The Florida Department of Health (FDOH) delivers HIV/AIDS patient care services and medication as a grantee for the federal Ryan White Part B Program and with state funding.

For over 20 years, FDOH has used a consortia model to deliver care, with approximately the same funding distribution.

Services are administered through 14 lead agencies and their consortia. As a result of planning decisions by each local consortia, services available through the program vary widely by area. Through the use of service delivery and fiscal data provided, State Health Office (SHO) staff conduct site visits to monitor compliance with the terms of the contract, program requirements, and to provide necessary technical assistance. The Department will allow the lead agency contracts under this model to expire.

This ITN, will transition the current lead agency model to a fiduciary agent model. The fiduciary agent model will provide for a single entity who will be responsible for the

Fiscal Fiduciary Agent for HIV Patient Care and Treatment Services Page | 4 management of grant funds, procurement of services delivery provider, payment of invoices, and ensuring funds are used for allowable purposes in accordance with applicable legislative, regulatory and program requirements. The Fiduciary Agent’s role is to develop and modify service delivery based on planning body feedback received from the Department, which maintains the responsibility for planning and priority setting. The Fiduciary Agent may provide information to the Department but does not have a direct role related to planning of Ryan White Part B services.

1.5 Questions Being Explored

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

1. How can efficiency be gained in program administrative activities to increase funding for direct client service utilization?

2. How can the program reduce barriers for clients?

3. How can the program obtain the best network of providers for core medical and support services in the most cost-effective way?

4. How can the program address provider deserts in rural areas of the state?

5. How can the program improve on client services reporting by moving to a transactional system?

1.6 Goals of the ITN

1. Comply with the Ryan White HIV/AIDS Program (RWHAP) Part B federal legislation.

2. Comply with the requirements outlined by HRSA in the (RWHAP) Part B Manual, Policy Clarification Notices (PCNs), and National Monitoring Standards.

3. Standardize services available through the program statewide.

4. Streamline the collection of and reporting on program and client data.

5. Maximize the funding allocation to deliver more client services.

1.7 Definitions

In addition to the definitions listed in the PUR 1000 and PUR 1001, and Attachment A, Scope of Services, the following definitions also apply to this ITN:

Best and Final Offer (BAFO): The final offer received from the Respondent at the end of negotiations.

Business Days: Monday through Friday, excluding state holidays.

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Business Hours: 8:00 a.m. to 5:00 p.m., Eastern Time on all business days.

Calendar Days: All days, including weekends and holidays.

Certified Minority Business Enterprise: A business certified by any local governmental jurisdiction or organization accepted by the Department of Management Services, Office of Supplier Diversity (DMS), as a certified minority business enterprise for purposes of doing business with state government when DMS determines that the state’s minority business enterprise certification criteria are applied in the local certification process in accordance with section 287.0943, Florida Statutes.

Contract: The formal agreement that will be awarded to the successful Respondent under this ITN.

Contract Manager: An individual designated by the Department to be responsible for the monitoring and management of the Contract.

Department: The Department of Health; may be used interchangeably with DOH.

Minor Irregularity: As used in the context of this solicitation, indicates a variation from the ITN terms and conditions which does not affect the price of the Reply or give the Respondent an advantage or benefit not enjoyed by other respondents or does not adversely impact the interests of the Department.

Provider: The successful Respondent awarded a contract by the Department in accordance with the terms of this ITN.

Reply: The complete written response of the Respondent to the ITN (technical and cost replies), including properly completed forms, supporting documents, and attachments.

Respondent: Any entity or person that submits a Reply to this ITN.

SHO: State Health Office

State: State of Florida.

State Holidays: New Year’s Day, Martin Luther King, Jr. Day, Memorial Day, Independence Day, Labor Day, Veteran’s Day, Thanksgiving Day, Friday After Thanksgiving, Christmas Day.

Subrecipient: Provider that receives a contract to carry-out part of a department program;

but does not include an individual that is a beneficiary of such program. Funds may be expended only for allowable costs resulting from obligations incurred during the specified contract period. In addition, any balance of unobligated funds which have been advanced or paid must be refunded to the Department of Health as the state awarding agency. Any funds paid in excess of the amount to which the recipient/subrecipient is entitled under the terms and conditions of the contract must be refunded to the Department.

Value Added Services: Additional services provided to the Department that include new and innovative technologies relating to the telecommunication services sought under this solicitation at no additional cost to the Department.

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Vendor Information Portal (VIP): Refers to the State of Florida’s internet-based vendor information system, which is available at:

https://vendor.myfloridamarketplace.com.

Where there is a conflict between a definition in this solicitation, Section 1.7, above, and the definition in Scope of Services (Attachment A), the definition in this solicitation will prevail when the term is used in this solicitation. The definition in the Scope of Services (Attachment A), will prevail when the term is used in the Scope of Services (Attachment A).

https://vendor.myfloridamarketplace.com/

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SECTION 2.0: PROCUREMENT RULES AND INFORMATION

2.1 Overview of the ITN

The ITN process consists of three phases: Administrative Review, Evaluation, and Negotiation.

In the Administrative Review Phase, the Procurement Officer will review each submitted Reply to determine its responsiveness to the terms and conditions of this solicitation. The Procurement Officer will also ensure that all documents or information labeled as “Mandatory” in this ITN have been submitted by the Respondent. Only those Replies that meet the mandatory criteria and contain all mandatory documentation and information will be sent to the evaluation team for review.

The Evaluation Phase involves the Department’s evaluation team assessing each Respondent’s submitted replies in accordance with the criteria described in Attachment C, Evaluation Criteria. The conclusion of this phase may result in the evaluation teams’ selection of Respondents to proceed to the Negotiation Phase.

In the Negotiation phase, selected Respondents will be asked to provide an in-person or virtual presentation of their Reply in Tallahassee, Florida. This phase also includes negotiation of a final scope of services, to include the budget, and terms and conditions of the final contract. The negotiation phase culminates in one or more of the Respondents receiving a request, from the Department, to submit a BAFO, which must include: (1) a revised scope of services and (2) a budget and compensation model.

2.2 Procurement Officer

The Procurement Officer assigned to this solicitation is:

Florida Department of Health Attention: Voncelia Meeks 4052 Bald Cypress Way, Bin B07 Tallahassee, FL 32399-1749 Email: voncelia.meeks@flhealth.gov

******ALL EMAILS TO THE PROCUREMENT OFFICER MUST CONTAIN THE

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

2.3 Restriction on Communication

Pursuant to section 287.057(23), Florida Statutes, Respondents to this solicitation or persons acting on their behalf may not contact, between the release of the solicitation and the end of the 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 listed in Section 2.2., above. Violation of this provision may be grounds for rejecting a Reply.

mailto:voncelia.meeks@flhealth.gov

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2.4 Term

It is anticipated that the Contract resulting from this ITN will be for, three (3) years from the Contract execution date and subject to renewal as identified in Section 2.5. The Contract resulting from this ITN is contingent upon availability of funds.

2.5 Renewal

The Contract resulting from this solicitation may be renewed. Renewals may be made on a yearly basis for no more than three years beyond the initial Contract, or for the term of the original Contract, whichever is longer. Renewals must be in writing, subject to the same terms and conditions set forth in the initial Contract and any written amendments signed by the parties. Renewals are contingent upon satisfactory fiscal and programmatic performance evaluations as determined by the Department and are subject to the availability of funds.

2.6 Timeline

EVENT DUE DATE LOCATION

ITN Advertised / Released November 13, 2024

Posted to the Vendor Information Portal at:

https://vendor.myfloridamarketplace.com

Questions Submitted in

Writing

Must be received PRIOR to:

November 21, 2024, at 3:00 PM

Submit to: Florida Department of Health Central Purchasing Office Attention: Voncelia Meeks Suite 310 4052 Bald Cypress Way, Bin B07 Tallahassee, FL 32399-1749 E-mail: voncelia.meeks@flhealth.gov

Answers to Questions

(Anticipated Date)

December 05, 2024 Posted to Vendor Information Portal at:

https://vendor.myfloridamarketplace.com

Replies Due and Opened

Must be received PRIOR to:

December 16, 2024 at 3:00PM

PUBLIC OPENING

Florida Department of Health Central Purchasing Office Attention: Voncelia Meeks Suite 310 4052 Bald Cypress Way, Bin B07 Tallahassee, FL 32399-1749

Evaluation of Replies

(Anticipated Date)

December 19, 2024

Evaluation Team Members to begin evaluations individually.

https://vendor.myfloridamarketplace.com/ mailto:voncelia.meeks@flhealth.gov

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Respondent Negotiation Notification

(Anticipated Date)

December 31, 2024 The Procurement Officer will notify the Respondents with whom the Department intends to negotiate with.

Beginning of Negotiations (Anticipated

Date) January 8-10, 2025 Negotiations are not public meetings;

however, they are recorded.

Posting of Intent to Award

(Anticipated Date)

February 03, 2025 Posted to the Vendor Information Portal at:

https://vendor.myfloridamarketplace.com

2.7 Addenda

If the Department finds it necessary to supplement, modify, or interpret any portion of the solicitation during the procurement process, a written addendum will be posted on the VIP.

It is the responsibility of the Respondent to be aware of any addenda that might affect this ITN or their Reply.

2.8 Questions

This provision takes precedence over General Instruction #5 in PUR1001.

Questions related to this solicitation must be received, in writing (either via United States Postal Service, courier, e-mail, or hand-delivery), by the Procurement Officer identified in Section 2.2, within the time indicated in Section 2.6. Verbal questions or those submitted after the period specified in Section 2.6 will not be addressed.

Answers to questions submitted in accordance with Section 2.6 will be posted on the

VIP.

2.9 Modifications and Withdrawal

A Respondent may modify or withdraw its Reply at any time prior to the submittal deadline, as specified in Section 2.6, by submitting a request to the Procurement Officer. Requests for modification or withdrawal of a submitted Reply must be in writing and signed by an authorized signatory of the Respondent. Upon receipt and acceptance of such a request, the entire Reply will be returned to the Respondent and will not be considered unless resubmitted by the Reply due date and time.

2.10 Clarification Process

The Department may request clarification from the Respondent to resolve ambiguities or questioning information (i.e., minor irregularities) presented in its Reply. Clarifications may be requested throughout this procurement process. The Respondent’s answers to requested clarifications must be in writing, address only the information requested and must be submitted within the time specified by the Department.

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2.11 Contract Formation

The Contract between the Department and the Provider will incorporate the terms of this ITN, any addenda to this ITN, the Attachment A, Scope of Services, and the Respondent’s Reply (including the BAFO). In the event of a conflict in language among any of the documents referenced herein, the provisions and requirements of the Contract will control.

Any documents or information submitted by the Provider after the negotiation phase has concluded will not be incorporated into the Contract.

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SECTION 3.0: INSTRUCTIONS FOR REPLY SUBMITTAL

3.1 General Instructions to Respondents (PUR 1001)

The General Instructions to Respondents (PUR 1001) is incorporated by reference in this solicitation. This document should not be returned with the Reply. The PUR 1001 is located at http://dms.myflorida.com/content/download/2934/11780.

The following sections of the PUR1001 are inapplicable and superseded by this ITN as noted:

Section 3. Electronic Submission of Responses: Responses must be submitted as required in Section 3.6.

Section 5. Questions: Questions must be submitted as specified in Section 2.10.

3.2 Reply Format

This section describes the format in which Replies are to be submitted. The Department discourages lengthy Replies. Additional information deemed appropriate by the Respondent may be included but should be placed within the relevant section. Additional tabs beyond those designated in section 3.3 will not be evaluated.

Replies should be limited to a page size of 8.5” x 11” inches. Font size and style are at the Respondent’s discretion but should be at least 11 point. All pages should be sequentially numbered, and one-inch margins should be used.

All Replies must contain the sections outlined below. Those sections are called “Tabs.” A “Tab”, as used herein, is a section separator, offset and labeled, so each Department Evaluator can easily turn to “Tabbed” sections during the evaluation process.

3.3 Reply Contents

It is a mandatory requirement of this ITN that the Reply contain the specified documents and address all items listed below. Replies to this ITN should be prepared using simple terms and minimal technical or industry specific language. The Respondent must organize its Reply submittal contents as follows:

3.3.1 TAB 1 – Mandatory Requirements

Respondents must complete and submit the following mandatory information or documentation as part of their Reply by the time specified in Section 2.6. Any Reply which does not contain the information below will be deemed non-responsive to this ITN:

3.3.1.1 Minimum Experience and Qualifications: Respondents must provide with their Reply a written summary that demonstrates the following:

http://dms.myflorida.com/content/download/2934/11780

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3.3.1.1.1 The Respondent has sufficient infrastructure to perform all fiduciary tasks as specified in Attachment A, Scope of Work.

3.3.1.1.2 The Respondent has sufficient cash and/or credit available to make timely payments of all invoices from direct service providers for a minimum of three months.

3.3.1.1.3 The Respondent has experience managing grant funds as a subrecipient.

3.3.1.1.4 The Respondent has experience acquiring an independent network of contracted service delivery providers to perform direct client care services. The Department may approve the use of a formal agreement or purchase orders with terms and conditions formally established.

3.3.1.2. Replies must be received by the time specified in the Timeline, Section 2.6.

3.3.1.3. The Title Page of this ITN must be completed, signed, and returned with the Technical Reply.

3.3.1.4. Budget Narrative (Attachment B) must be completed and submitted as specified.

3.3.1.5. Prior Experience Form (Attachment D) must be completed as specified in Section 3.7.

3.3.1.6. Statement of Non-Collusion (Attachment E) must be completed as specified.

3.3.1.7. Respondent Certification Regarding Scrutinized Companies Lists

(Attachment F) must be completed as specified in Section 5.2.

3.3.1.8. Application, Data Security, and Confidentiality (Attachment H) must be completed as specified in Section 5.7.

3.3.1.9. Foreign Countries of Concern Attestation (Attachment I) as specified in Section 5.8.

3.3.1.10. Subcontractor Form (Attachment J) must be completed as specified in Section 5.13.

3.3.1.11. Background Screening Attestation (Attachment I) must be completed as specified in Section 5.12.

3.3.1.12. HIPAA Business Associate Agreement (Attachment K) must be completed as specified in Section 5.12.

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3.3.2 TAB 2 – Technical Response

The Respondent must provide a narrative of the information listed below.

Respondents should be thorough and detailed in their Reply and are encouraged to include any additional relevant information that would assist in the evaluation of their Reply. The Respondent must include:

3.3.2.1 Executive Overview: Ensure the overview includes the following:

3.3.2.1.1 Describe the Respondent’s understanding of the scope of work included in this ITN;

3.3.2.1.2 Describe in detail the Respondent’s ability to meet the qualifications to provide the required services;

3.3.2.1.3 Provide the Respondent’s evidence that they are qualified to provide services (there is no prescriptive list of evidence types);

3.3.2.1.4 Provide a summary of the Respondent’s ability to meet the overall requirements in the timeframes established by the Department and provide examples where requested timeframes had been met under prior contracts.

3.3.2.1.5 Describe the Respondent ability to manage federal grant funds in accordance with all contract requirements, including the ability to:

3.3.2.1.5.1 Allocate funding by service categories and

types in accordance with the needs in the areas of the state as assessed by the Department.

3.3.2.1.5.2 Allocate funds geographically according to

provided minimum allocation amounts. The State will define the geographical areas and allow reallocation across geographical areas.

3.3.2.1.5.3 Re-allocate funds on a monthly basis to ensure

that all contract funds will be expended annually according to a line-item budget.

3.3.2.1.5.4 Ensure expenditures of funds are trackable by

category, provider, and client.

3.3.2.1.6 Describe the Respondent’s ability to manage competitive procurement processes to establish and maintain networks of direct client service providers for each allowable Core Medical and Support Service.

3.3.2.1.7 Describe the Respondent’s ability to oversee subcontracts to ensure direct service providers meet necessary contract requirements.

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3.3.2.1.8 Describe the Respondent’s ability to process the payment of invoices to contracted direct service providers and to ensure all service provider invoicing requirements are met.

3.3.2.1.9 Describe the Respondent’s ability to certify that no other payor source exists for the service(s) invoiced for each client receiving services through the program.

3.3.2.1.10 Describe the Respondent’s ability to ensure funds are used for allowable purposes and in accordance with applicable legislative, regulatory, and programmatic requirements.

3.3.2.1.11 Describe the Respondent’s ability to either administer or oversee a subsidiary or subcontracted entity that can administer an electronic data system that meets the requirements of the scope of services within 30 days of contract execution and maintain it throughout the term of the contract.

3.3.2.1.12 Describe the Respondent’s ability to operate and maintain or oversee a subcontracted entity to operate and maintain a reporting system that meets the reporting requirements of the scope of services and is integrated into or connected securely to the data system.

3.3.2.1.13 Describe the Respondents ability to either implement or oversee a subsidiary or subcontracted entity to implement a monthly sweeps process to ensure appropriate utilization of available funds for services. Quarterly sweeps may be discussed during negotiations.

3.3.2.2 Respondent’s Proposed Solution

The Respondent must fully describe in the Reply its plan for carrying out the requirements identified below as specified in the Scope of Services (Attachment A).

3.4 Copies of Replies

Respondents must submit the following copies:

3.4.1 Technical Reply

One original copy and one for the Procurement Officer and evaluators of the Technical Reply must be submitted no later than the date and time set forth in Section 2.6, the Timeline. In addition, one electronic copy of the Technical Reply on a single USB storage device, or CD, viewable in Adobe Acrobat Reader (PDF)

Fiscal Fiduciary Agent for HIV Patient Care and Treatment Services Page | 15 must be submitted. The electronic copy submitted must contain the entire Technical Reply as the submitted original copy, including all supporting and signed documents.

The PDF electronic copy of the “original” Technical Reply will be considered the control if there are any differences between the paper and electronic copy.

Refer to Section 3.12 for information on redacting confidential information, if applicable.

Respondents must not disclose cost information in the body of the Technical Reply. Including cost information will cause the Reply to be disqualified (Mandatory Requirement, refer to Section 3.3).

3.5 Reply Labeling

3.5.1. Technical Reply

The Technical Reply must be sealed and identified as follows:

Invitation to Negotiate: DOH24-013 Title: Fiscal Fiduciary Agent for HIV Patient Care and Treatment Services Due Date:

Respondent’s Name:

TECHNICAL REPLY

3.5.3 All Replies must be sent or delivered to the Department of Health, Central

Purchasing Office, 4052 Bald Cypress Way, Bin B07, Tallahassee, Florida 32399.

3.5 Instructions for Submittal

3.6.1. Respondents must complete, sign, and return the “Title Page” with the Reply submittal.

3.6.2. Respondents must submit all technical and cost data in the formats specified in the ITN.

3.6.3. Replies must be sent via mail, courier, or hand delivered to the location indicated in Section 2.5, the Timeline.

3.6.4. Replies submitted via electronic mail (email), or facsimile will not be considered.

3.6.5. The Department is not responsible for improperly marked Replies.

3.6.6. It is the Respondent’s responsibility to submit its Reply at the proper place and time indicated in Section 2.5, the Timeline.

3.6.7. The Department’s clocks will provide the official time for Reply receipt.

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3.6.8. Materials submitted will become the property of the State of Florida and accordingly, the state reserves the right to use any concepts or ideas contained in the response.

3.7. Prior Experience Form

Respondents must provide contact information for three entities the Respondent has provided services of a similar size and nature of those requested in this solicitation.

Respondents must use Attachment D, Prior Experience Form of this ITN to provide the required information. The Department reserves the right to contact any and all entities in the course of this solicitation in order to verify experience.

3.8. Subcontractor

Respondent may enter into written subcontracts for performance of services under the Contract resulting from this solicitation. Subcontracts with providers must mirror the terms and conditions of the Department’s Standard Contract. Anticipated subcontract agreements known at the time of Reply submission and the amount of the subcontract must be identified in the Reply. If a subcontract has been identified at the time of Reply submission, a copy of the proposed subcontract must be submitted to the Department. No subcontract that Respondent enters into with respect to performance under the Contract will in any way relieve Respondent of any responsibility for performance of its Contract responsibilities with the Department. The Department reserves the right to request and review information in conjunction with its determination regarding a subcontract request and reject any subcontractor proposed by the Respondent in its Reply.

The Respondent must complete Attachment I, Subcontractors List Form, in its entirety and submit it with their Reply.

3.9. Value-Added Services

The Respondent may offer services other than those specifically outlined in this solicitation that it believes offer Value-Added Services to the Department. Although the Department has listed mandatory requirements and provided Attachment A, Scope of Services, those are not intended to limit the Respondent’s innovations or creativity in preparing a Reply to accomplish these goals. Innovative ideas, new concepts, and partnership arrangements other than those presented in this ITN will be considered. For example, these might include unique business features (such as Mobile Applications), special services, offer costs or shared savings, discounts, or terms and conditions specific to each Respondent. Information provided in this section will not be scored by the Evaluation Team but is reserved for further discussion and finalization during the Negotiation Phase.

3.10. Exceptions

The Respondent must fully describe any exceptions it has to the terms in the Department’s Standard Contract, and Attachment 3, PUR 1000, General Contract Conditions (PUR1000), in its Reply. This section will not be scored by the Evaluation Team but is reserved for further discussion and finalization during the Negotiation Phase. Additionally, Fiscal Fiduciary Agent for HIV Patient Care and Treatment Services Page | 17 the Department is under no obligation to consider or accept any exceptions requested by the Respondent under this solicitation.

3.11. Cost of Preparation

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

3.12. Public Records and Trade Secrets

Notwithstanding any provisions to the contrary, public records must be made available pursuant to the provisions of the Public Records Act. If Respondent considers any portion of their Reply to this solicitation to be confidential, exempt, trade secret, or otherwise not subject to disclosure pursuant to Chapter 119, Florida Statutes, the Florida Constitution, or any other authority, Respondent must segregate and clearly mark the document(s) as

“CONFIDENTIAL”.

Simultaneously, Respondent will provide the Department with a separate redacted paper and electronic copy of their Reply and briefly describe in writing the grounds for claiming exemption from the public records law, including the specific statutory citation for such exemption. This redacted copy must contain the solicitation name, number, and the name of Respondent on the cover, and must be clearly titled “REDACTED COPY”.

The redacted copy must be provided to the Department at the same time Respondent submits its Reply and must only exclude or obliterate those exact portions which are claimed confidential, proprietary, or trade secret. Respondent will be responsible for defending its determination that the redacted portions of their Reply are confidential, trade secret, or otherwise not subject to disclosure. Further, Respondent must protect, defend, and indemnify the Department for all claims arising from or relating to the determination that the redacted portions of their Reply are confidential, proprietary, trade secret, or otherwise not subject to disclosure. If Respondent fails to submit a redacted copy with their Reply, the Department is authorized to produce the entire documents, data, or records submitted by Respondent in answer to a public records request for these records.

3.13. Special Accommodations

Persons with disability requiring special accommodations should call the Department’s Purchasing office at least five business days, prior to any pre-Reply conference, Reply opening, or meeting at (850) 245-4199. If hearing or speech impaired, please contact the Department’s Purchasing office through the Florida Relay Service, at 1-800-955-8771

(TTY).

3.14. Late Replies

The Procurement Officer must receive Replies pursuant to this ITN no later than the date and time specified in Section 2.6. Replies that are not received by the date and time specified will not be considered.

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SECTION 4.0 REPLY EVALUATION AND NEGOTATION PROCESS

4.1 Evaluation Phase Methodology

The Department will evaluate replies against all evaluation criteria set forth below to establish a competitive range of replies reasonably susceptible of award.

4.1.1. Scoring of Technical Replies

Technical Replies will be scored by the Evaluation Team in the areas indicated in Attachment C, Evaluation Criteria. The raw scores in each evaluation area from each team member will be averaged together. These average scores will be added to determine each Respondent’s Technical Reply score.

4.1.3 The final evaluation scores for all Respondents will be used to rank the Replies (Reply with the highest score = 1, the second highest = 2, etc.). The ranking for each Reply will be used to establish a competitive range to determine which Respondents may be invited to participate in negotiations. The Department intends to first negotiate with the two most highly ranked Respondents, but the Department reserves the right to negotiate with as many Respondents as it chooses, or to reject all Replies, to determine the best value for the State.

4.1.4 Responsive and responsible Respondent(s) will be invited to negotiate based upon the Reply Evaluation Scores. Respondents are cautioned to propose their best possible offers in their initial Reply as failing to do so may result in the Respondent not being selected to proceed to negotiations. If necessary, the Department will request revisions to the approach submitted by the top-rated Respondent(s) until it is satisfied that the contract model will serve the State’s needs and is determined to provide the best value for the State.

4.2 Negotiation Phase Methodology

4.2.1. Negotiations

The selected Respondents will be invited to provide a more detailed explanation of their Replies, to provide interactive presentations of the Reply, and to begin negotiations with the Department. The Negotiation Team may consider information obtained during the Evaluation Phase but is not bound by evaluation team scoring.

The negotiation team may reassess any of the evaluation determinations and may consider any additional information that comes to its attention during negotiations.

Evaluation Criteria Maximum Points

Technical Reply – ATTACHMENT A 130

TOTAL MAXIMUM POINTS POSSIBLE 130

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The Department reserves the right to require attendance by specific Respondent representatives. Any written summary of presentations or demonstrations provided by the Respondent must include a list of persons attending on its behalf, a copy of the agenda, copies of all visuals or handouts, which will become part of the Reply.

Failure to provide requested information during negotiations may result in rejection of the Reply and discontinuing negotiations with that Respondent.

Respondents may be provided an opportunity to recommend value added services and provide information and options during negotiations. The Department reserves the right to negotiate different terms and related price adjustments if the Department determines that such changes would provide the best value to the State. The Negotiation Team may address each proposed alternative during negotiations but is under no obligation to accept a proposed alternative. If the Negotiation Team determines that a proposed alternative is not acceptable, and the Respondent fails to offer another alternative that is acceptable, the Respondent may be eliminated from further consideration, or the Negotiation Team may stop negotiations with that Respondent.

The Department reserves the right to accept portions of a competing Respondent’s Reply and merge such portions into one project, including contracting with the entities offering such portions. The Department reserves the right to waive minor irregularities in Replies.

The Department reserves the right to negotiate different terms, additional terms, and related price adjustments if the Department determines that such changes would provide the best value to the State.

4.2.2. Other Department Rights During Negotiations

The Department reserves the right to negotiate with any or all responsive and responsible Respondents, serially or concurrently, to determine the best solution.

During the negotiation process the Department reserves the right to exercise the following rights. This list is not exhaustive.

4.2.2.1. Schedule additional negotiating sessions with any or all responsive Respondents.

4.2.2.2. Require any or all responsive Respondents to provide additional revised or final written Replies addressing specified topics.

4.2.2.3. Require any or all responsive Respondents to address services, prices, or conditions offered by any other Respondent.

4.2.2.4. Pursue a contract with one or more responsive Respondents for the services encompassed by this solicitation, any addenda thereto, and any request for additional revised or final written Replies or request for BAFOs.

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4.2.2.5. Pursue the division of contracts between responsive Respondents by type of service or geographic area, or both.

4.2.2.6. Arrive at an agreement with any responsive Respondent, finalize principal Contract terms with such Respondent and terminate negotiations with any or all other Respondents, regardless of the status of or scheduled negotiations with such other Respondents.

4.2.2.7. Decline to conduct further negotiations with any Respondent.

4.2.2.8. Take any additional administrative steps deemed necessary in determining the final award, including additional fact-finding, evaluation, or negotiation where necessary and consistent with the terms of this solicitation.

4.2.2.9. Review and rely on relevant information contained in the Replies received from Respondents.

4.2.2.10. Reject any and all Replies if the Department determines such action is in the best interest of the State.

4.2.2.11. Negotiate concurrently or separately with competing Respondents.

4.2.2.12. Utilize subject matter experts, subject matter advisors, and multi-agency advisors to assist the negotiation team.

4.3 Selection Criteria

Each Reply will be evaluated against the selection criteria determined by the Negotiation Team which may include the following:

4.3.1. The Respondent’s articulation, innovation, and demonstrated ability of the proposed solution to meet the Department’s goals and requirements of this ITN.

4.3.2. Respondent’s demonstrated ability and experience to effectively provide the services.

4.3.3. Experience and skills of the Respondent’s proposed staff relative to the proposed approach.

4.3.4. Respondent’s technical Reply it relates to satisfying the primary goals of the telecommunication services identified herein.

The negotiation process will also include negotiation of the terms and conditions of the Contract, in accordance with sections 287.057 and 287.058, Florida Statutes, as applicable to the services being procured pursuant to this ITN.

By submitting a Reply, a Respondent agrees to be bound to the terms of the PUR1000 and the Department’s Standard Terms and Conditions. Respondents should assume these terms will apply during the prospective Contract term unless Exceptions are

Fiscal Fiduciary Agent for HIV Patient Care and Treatment Services Page | 21 provided in accordance with Section 3.10, above, that the Department agrees to accept.

The Department reserves the right to negotiate different terms and related price adjustments if the Department determines that it provides the best value to the State.

As part of the negotiation process, the Department will check references as described in Attachment D, Prior Experience Form, TAB 2 and to assess the information provided for the projects associated with those references. The Department also reserves the right to contact references not provided by the Respondent. Respondents may be requested to provide additional references. The results of the reference checks may influence the final negotiation and selection of the Respondent. The focus of the negotiations will be on achieving the solution that provides the best value to the State based upon the “Selection Criteria” and satisfies the Department’s primary goals as identified in this ITN.

4.4 Final Selection and Notice of Intent to Award

The Department will issue a written request for one or more Respondents to submit their BAFO at the end of negotiations. At a minimum, the BAFO must contain:

4.4.1. A revised Scope of Work based on the Respondent’s discussions with the

Department during negotiations;

4.4.2. All negotiated terms and conditions to be included in final Contract; and

4.4.3. A final Budget Narrative.

Each submitted BAFO will be returned to the Negotiation Team for final review. The Negotiation Team will hold a public meeting to determine which Respondent’s BAFO constitutes the best value to the State based upon the Selection Criteria specified in Section 4.3, and develop a recommendation based on that determination. During this process, the Negotiation Team is not required to score the BAFO but will base its recommendation on the selection criteria and the BAFO that is the best value for the State.

The score from the Evaluation Phase will not carry over into negotiations and the Negotiation Team will not be bound by those scores. The Procurement Officer will prepare a report to the Department’s State Surgeon General, or designee, regarding the recommendation of the Negotiation Team. The Department does not anticipate reopening negotiations after receiving the BAFOs but reserves the right to do so if it is in the best interest of the State.

4.5 Basis of Award

A Contract may be awarded to the responsible and responsive Respondent whose Reply is deemed to be the best value to the State, in consideration of price and selection criteria in this ITN. The Department’s State Surgeon General, or designee, will make the final determination as to which Respondent should be awarded the Contract based on the recommendation of award.

4.6. Identical Tie Replies

In the event that the Department’s evaluation results in identical scoring outcomes between two or more Respondents, the Department will require the affected Respondents

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4.7. Notice of Agency Decision

At the conclusion of Reply evaluations and Contract negotiations, the Department will announce its intended decision. Notice will be posted on the state’s Vendor Bid System.

The Department will award to the responsible, responsive Respondent determined to provide the best value, based upon the negotiations.

4.8. Execution of Contract

The awarded Respondent must sign the Contract within 30 calendar days from the date of receiving it from the Department for final execution, unless there is an automatic stay triggered by the filing of a formal protest. If a formal protest is timely filed, the time to sign the Contract will be tolled. The Department reserves the right to withdraw its Notice of Intent to Award if the Contract is not timely signed, or if it determines that it is in the best interest of the State to do so. The Department also reserves the right to award to another Respondent that submits a BAFO if the Department does not receive a timely signed Contract from the awarded Respondent.

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SECTION 5.0 SPECIAL CONDITIONS

5.1 General Contract Conditions (PUR1000)

The General Contract Conditions (PUR 1000) form is a downloadable document incorporated in this solicitation by reference, which contains general Contract terms and conditions that will apply to any Contract resulting from this ITN, to the extent they are not otherwise modified. This document should not be returned with the Reply.

http://dms.myflorida.com/content/download/2933/11777

The terms of this solicitation will control over any conflicting terms of the PUR1000.

Paragraph 31 of PUR 1000 does NOT apply to this solicitation or any resulting Contract.

5.2 Scrutinized Companies

All Respondents seeking to do business with the Department must comply with section 287.135, Florida Statutes. The Department may, at its option, terminate a contract if Respondent is found to have submitted a false certification as provided under section 287.135(5), Florida Statutes, been placed on the Scrutinized Companies with Activities in Sudan List, the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, the Scrutinized Companies that Boycott Israel List, or is engaged in a boycott of Israel, or have been engaged in business operations in Cuba or Syria.

The Respondent must complete Attachment F, Certification Regarding Scrutinized Companies Lists form, in its entirety and submit with their Reply.

5.3 Conflict of Interest

Section 287.057(17)(c), Florida Statutes, provides “A person who receives a Contract that has not been procured pursuant to subsections (1)-(3) to perform a feasibility study of the potential implementation of a subsequent Contract, who participates in the drafting of a solicitation or who develops a program for future implementation, is not eligible to Contract with the agency for any other Contracts dealing with that specific subject matter, and any firm in which such person has any interest is not eligible to receive such Contract.

However, this prohibition does not prevent a Respondent who responds to a request for information from being eligible to Contract with an agency.”

The Department considers participation through decision, approval, disapproval, recommendation, preparation of any part of a purchase request, influencing the content of any specification or procurement standard, rendering of advice, investigation, auditing, or any other advisory capacity to constitute participation in drafting of the solicitation.

5.4 Certificate of Authority

All limited liability companies, corporations, corporations not for profit, and partnerships seeking to do business with the State must be registered with the Florida Department of State in accordance with the provisions of Chapters 605, 607, 617, and 620, Florida Statutes, respectively prior to Contract execution. The Department retains the right to ask http://dms.myflorida.com/content/download/2933/11777

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5.5 Respondent Registration

Each Respondent doing business with the State for the sale of commodities or contractual services as defined in section 287.012, Florida Statutes, must register in the MyFloridaMarketPlace system, unless exempted under Rule 60A-1.033, Florida Administrative Code. State agencies must not enter into an agreement for the sale of commodities or contractual services as defined in section 287.012, Florida Statutes, with any Respondent not registered in the MyFloridaMarketPlace system, unless exempted by rule. The successful Respondent must be registered in the MyFloridaMarketPlace system within five days after posting of the Intent to Award.

Registration may be completed at:

https://vendor.myfloridamarketplace.com/vms-web/spring/login?execution=e2s1

A Respondent lacking internet access may request assistance from MyFloridaMarketPlace Customer Service at 866-352-3776 or from State Purchasing, 4050 Esplanade Drive, Suite 300, Tallahassee, FL 32399.

5.6 Minority, Women, Florida Veteran Business Participation

The Department encourages certified minority, women, and Florida veteran business participation in all its solicitations.

5.7 Data Security and Confidentiality

The Contractor, its employees, subcontractors, and agents must comply at all times with all Department data security…