_EB 24-64121502-ITB Solicitation Document.pdf

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 concerning this 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.

The Procurement Officer should be copied on such filings.

The State of Florida

Department of Management Services

Invitation to Bid (ITB)

Equipment Breakdown Insurance

ITB No: 24-64121502-ITB

Jill Soderberg, Procurement Officer 4050 Esplanade Way, Suite 360

Tallahassee, Florida 32399-0950 850-488-7996

Jill.Soderberg@dms.fl.gov

Division of State Purchasing 4050 Esplanade Way, Suite 360

Tallahassee, FL 32399-0950

Ron DeSantis, Governor Pedro Allende, Secretary mailto:agencyclerk@dms.fl.gov

TABLE OF CONTENTS

1 INTRODUCTION

1.1 Timeline of Events

1.2 Definitions

1.3 Objective

1.4 Scope of Work

1.5 Term

1.6 Procurement Officer

1.7 Order of Precedence for Solicitation

1.8 Commitment to Diversity

1.9 Department’s Rights to Reject Bids

2 THE ITB PROCESS

2.1 Question Submission

2.2 Addenda to the ITB

2.3 Public Opening

2.4 Special Accommodations

2.5 Mandatory Responsive Requirements

2.6 Other Documents requested to be submitted with the Bid prior to ITB Opening

2.6.1 Broker Information

2.6.2 Certificate of Insurance

2.7 Optional Documents requested to be submitted by Bidder prior to ITB opening

2.7.1 Certification of a Drug Free Workplace, if applicable

2.8 Equal Bids

2.9 Basis of Award

2.10 Electronic Posting of Notice of Intent to Award

2.11 Contract Formation

2.12 Other Requirements Following Award

2.12.1 Registration with the Florida Department of State

2.12.2 Florida Substitute Form W-9

2.12.3 Preferred Pricing

3 RESPONDING TO THE ITB

3.1 General Instructions

3.2 Special Instructions

3.3 How to Access the Sourcing Event in MyFloridaMarketPlace

3.4 Modification or Withdrawal of Bid

3.5 Cost of Bid Preparation

3.6 Independent Preparation

3.7 False or Erroneous Information

1 INTRODUCTION

1.1 Timeline of Events

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

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

Timeline of Events

Event Time

(Eastern Time) Date

Solicitation posted on VIP and in the Business Network August 13, 2024

Deadline to submit questions in the Business Network 10:00 AM August 20, 2024

Anticipated date of posting Q&A on VIP and in the

Business Network August 26, 2024

Deadline to submit bid and all required documents in the Business Network 2:00 PM September 3, 2024

Public meeting: Bid opening (non-mandatory)

Department of Management Services 4050 Esplanade Way Tallahassee, FL 32399 Conference Room 380K

Virtual Option:

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

Any person requiring a special accommodation due to a disability should contact the Department’s Americans with Disabilities Act (ADA) Coordinator at (850) 922- 7535 or ADA.Coordinator@dms.myflorida.com at least five (5) business days prior to the scheduled event.

2:01 PM September 3, 2024

Anticipated date to post Notice of Intent to Award on

VIP and in the Business Network September 17, 2024

Anticipated Contract start date October 1, 2024 mailto:ADA.Coordinator@dms.myflorida.com

1.2 Definitions

Definitions contained in section 287.012, Florida Statutes (F.S.); Rule 60A-1.001, Florida Administrative Code (F.A.C.); Attachment D, Special Contract Conditions; and the PUR 1001, General Instructions to Respondents (10/06), are incorporated by reference. In the event of a conflict, the definitions listed in this section supersede the incorporated definitions for the purposes of this ITB document. All definitions apply in both their singular and plural sense.

Agency – as defined in section 287.012(1), F.S.

Bid – The document(s) submitted by a Bidder in response to this ITB.

Bidder – A vendor who submits a bid to this ITB.

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

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.

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

Claim – A demand for recovery for loss or damages.

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.

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

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

Contractor – A Vendor that enters into a Contract with the Department as a result of this procurement.

Customer – A State Agency or Eligible User included on the insurance policy

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

Eligible User – As defined in Rule 60A-1.001(4)(h), for purposes of insurance contracts procured pursuant to Section 287.022, F.S., only non-Agency state entities with a Department of Financial

Services State Risk Management Trust Fund Certificate are eligible users.

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

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

Named Insured – Entities listed in the Scope of Work and those added during the Policy Period.

Policy Inception - The effective date of the Insurance Policy.

Policy Period – The time between the exact hour and date of Policy Inception and the hour and date of Policy expiration.

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

State – The State of Florida.

Total Insured Value (TIV)- The total insured value of the covered Equipment and covered Property aggregated either for an individual Named Insured or for all Named Insureds, depending upon the context.

Vendor Information Portal (VIP) – The State of Florida’s vendor registration, supplier diversity, and bidding system developed in accordance with section 287.042(3), F.S. The Vendor Information Portal is accessible at https://vendor.myfloridamarketplace.com.

1.3 Objective

The Department is issuing this ITB to establish a multi-year Contract for equipment breakdown insurance which will replace the current policy, as identified in Attachment I, Expiring Policy, as endorsed. The Department intends to make a single award to the lowest responsive and responsible Bidder in accordance with sections 287.057(1) and 287.022, F.S., as further described herein. However, the Department reserves the right to make no award, as determined to be in the best interest of the State.

The average annual spend on the equipment breakdown insurance policy coverage over the past four contract years is $685,346. Historical spend is provided for informational purposes only and should not be construed as representing actual, guaranteed, or minimum spend under a new contract.

1.4 Scope of Work

Bidder(s) awarded a Contract under this ITB shall provide commodities and/or contractual services as described in Attachment A, Scope of Work.

1.5 Term

The term is as specified in Attachment E, Draft Contract.

1.6 Procurement Officer

In accordance with section 21 of the PUR 1001: The Procurement Officer is the sole point of contact for this ITB. Violation of section 21 of the PUR 1001 may be grounds for rejecting a Proposal. The contact information for the Procurement Officer is:

https://gcc02.safelinks.protection.outlook.com/?url=https%3A%2F%2Fvendor.myfloridamarketplace.com%2F&data=05%7C01%7CNicole.Walker%40dms.fl.gov%7Cd38a3a6eff994d8181eb08db23fcb675%7Ced173fed38394a3ca952140e906fed8d%7C0%7C0%7C638143340533516786%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C3000%7C%7C%7C&sdata=bawWG1kiSF9B%2FuvjOVIaeISbWDXkUETlOGDnzvbL0RI%3D&reserved=0

Jill Soderberg Purchasing Analyst, Division of State Purchasing Florida Department of Management Services 4050 Esplanade Way, Suite 360, Tallahassee, FL 32399-0950 Phone: 850-488-7996 Email: jill.soderberg@dms.fl.gov

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

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

1.7 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):

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

b) Attachment A, Scope of Work

c) Attachment B, Price Sheet

d) Attachment C, Additional Special Contract Conditions

e) Attachment D, Special Contract Conditions

f) Attachment E, PUR 1000 General Contract Conditions

g) Attachment F, Draft Contract

h) This ITB document

i) Other ITB attachments

1.8 Commitment to Diversity

The State strongly supports its diverse business population through involving woman-, veteran-, and minority-owned business enterprises in the state’s purchasing process. The Department strongly supports diversity in its procurements, and requests that all subcontracting opportunities afforded by this solicitation be shared with certified woman-, veteran-, and minority-owned business enterprises. The award of subcontracts should reflect the vast array of citizens in the State. Bidders can search for certified businesses online at the Office of Supplier Diversity’s Certified Vendor Directory or by contacting 850-487-0915 for information on certified businesses that may be considered for subcontracting opportunities. The Certified Vendor Directory is accessible at:

https://vendor.myfloridamarketplace.com.

The Office of Supplier Diversity’s Mentor-Protégé Program connects certified businesses with private business entities for business development mentoring. The Department strongly encourages Vendors doing business with the State to consider becoming a Mentor and participating in this initiative. More information on the Mentor-Protégé Program may be obtained by contacting the Office of Supplier Diversity at 850-487-0915 or by email at:

osdinfo@dms.fl.gov.

1.9 Department’s Rights to Reject Bids

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

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. Bidders whose Bids, references, 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 https://vendor.myfloridamarketplace.com/ mailto:osdinfo@dms.fl.gov rejected as not responsible. The Department reserves the right to determine which Bids meet the requirements of this solicitation and which Bidders are responsive and responsible. The Department is placing vendors on notice of the prohibitions against considering social, political, or ideological interests in government contracting contained in section 287.05701, F.S.

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

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

2 THE ITB PROCESS

2.1 Question Submission

The Department invites interested and registered Vendors to submit questions regarding the solicitation. Questions must be submitted in the Business Network 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 Contract terms and conditions, prior to the deadline to submit questions. The Department is not obligated to revise the solicitation or attachments.

2.2 Addenda to the ITB

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

2.3 Public Opening

Bids will be opened, and the names of Bidders will be announced at a public meeting on the date and at the location indicated in the Timeline of Events section. Bidders are not required to attend. In accordance with section 119.071(1)(b), F.S., the Department will not provide other information regarding the received Bids at the public opening.

2.4 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 Business Days prior to the scheduled event. If hearing or speech-impaired, please contact the ADA Coordinator by using the Florida Relay Service at 800-955-8771 (TDD).

2.5 Mandatory Responsive Requirements

The Department will not review Bids from Bidders who do not meet the mandatory responsive requirements listed in Attachment F, Mandatory Responsive Requirements.

Note: 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 Bidder.

mailto:ADA.Coordinator@dms.fl.gov

Required Documents to be submitted by Bidder prior to ITB opening are below.

2.5.1 Mandatory Responsive Requirements

Bidder must submit a signed Attachment F, Mandatory Responsive Requirements.

2.5.2 Price Sheet

The Bidder must provide pricing on Attachment B, Price Sheet, in accordance with the Price Sheet instructions.

2.5.3 PUR 2024

The Bidder must provide a completed Attachment N, PUR 2024 in accordance with section 287.1346(4)(b), F.S., and section 787.06, F.S.

2.5.4 Insurer Quotation and AM Best Rating

The Department will not evaluate Bids that do not contain a selected insurer quotation document with the insurer’s most recent AM Best Rating.

The Bidder must select an Insurer with an AM Best Key Financial Rating of at least A – or a Financial Performance Rating of V from the current AM Best’s Key Rating Guide. The Bidder must provide the selected Insurer’s most recent AM Best Rating Information with the Insurer’s quotation.

The Department requires the following documents be submitted to determine if Attachment A, Scope of Work (SOW) Section 5. Coverage Requirements have been met:

a) Insurer Quotation Document on Insurer letterhead with proposed policy period and rates for the policy term, at a minimum.

b) Selected Insurers’ AM Best Key Financial Rating from the current AM Best’s Key Rating Guide.

c) List of policy forms of the proposed coverage or a specimen policy.

2.6 Other Documents requested to be submitted with the Bid prior to ITB Opening

2.6.1 Broker Information

The Bidder should complete and submit Attachment I, Broker Information.

2.6.2 Certificate of Insurance

The Bidder should submit the bidder company’s Certificate of Insurance.

2.7 Optional Documents requested to be submitted by Bidder prior to ITB opening

2.7.1 Certification of a Drug Free Workplace, if applicable

The Bidder should complete and submit Attachment H, Certification of a Drug Free Workplace, if applicable.

2.8 Equal Bids

In the event that there is no multiple award 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 equal eligible bids. A Bidder will not be permitted to amend or suplement its Bid in response to such request for clarification.

2.9 Basis of Award

The Department intends to award one statewide Contract to a Broker for equipment breakdown insurance as further described in Attachment A, Scope of Work. The input of Premiums and assessments and/or fees by a Bidder must be as described in the “Instructions” tab in Attachment B, Price Sheet.

The Department will consider the total cost for each year of the Contract, including renewal years, as submitted by the Bidder. The Contract will be awarded to the responsible and responsive Bidder(s) that submits the lowest Calculated Premium (CP), as provided in Attachment B, Price Sheet. The Department will consider the total cost for each Policy Period of the Contract, including Policy Period 1, Policy Periods 1 and 2, Policy Periods 1, 2, and 3, or Policy Periods 1, 2, 3 and 4, as submitted by the Bidder, and as described in the price sheet instructions, and reserves the right to award for any of the grouped Policy Periods identified above.

The Department reserves the right to reject all Bids. The Department reserves the right to award Contract(s) to the next lowest responsive Bid(s) from responsive and responsible Bidder(s) to this solicitation if the Department cannot execute a Contract with a Bidder previously awarded a Contract. The Department reserves the right to award to another vendor if the Department is unable to execute a Contract with the initially or previously awarded Bidder.

In accordance with section 626.916(1)(b), F.S., the Premium rate at which the coverage is exported shall not be lower than that rate applicable, if any, in actual and current use by a majority of the authorized insurers for the same coverage on a similar risk. Bids submitted from an eligible surplus lines’ insurer with a lower total premium than a Bid submitted by an authorized insurer will not be considered.

2.10 Electronic Posting of Notice of Intent to Award

The Department will electronically post a ‘Notice of Intent to Award’ on VIP and in the Business Network in accordance with the Timeline of Events. The ‘Notice of Intent to Award’ will remain posted for a period of 72 hours, not including Saturdays and Sundays or State holidays, as specified in section 110.117, F.S.

2.11 Contract Formation

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

The Department intends to enter into the Contract(s) with Bidder(s) pursuant to section 2.9, ‘Basis for Award.’ 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.

2.12 Other Requirements Following Award

2.12.1 Registration with the Florida Department of State

If awarded a Contract, the Bidder 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.

Bidders should note that foreign entities are required to obtain a Florida Certificate of Authorization pursuant to applicable Florida Statutes 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/.

2.12.2 Florida Substitute Form W-9

It is the responsibility of the awarded Bidder 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/.

2.12.3 Preferred Pricing

It is the responsibility of the awarded Bidder to provide a completed Preferred Pricing Affidavit upon Contract execution and annually thereafter throughout the Contract term.

3 RESPONDING TO THE ITB

3.1 General Instructions

The PUR 1001, General Instructions to Respondents (10/06), is incorporated by reference and is accessible at https://www.dms.myflorida.com/content/download/2934/11780/PUR_ 1001_General_Instructions_to_Respondents.pdf.

3.2 Special Instructions

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

PUR 1001.

Paragraphs 8 and 13 of the PUR 1001 are inapplicable in their entirety.

Paragraphs 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 3.3, “How to Access the Sourcing Event in MyFloridaMarketPlace.”

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

The Department will not accept any unrequested terms or conditions submitted by a Bidder, including any appearing in documents attached as part of a Bidder’s response.

In submitting its Bid, a Bidder 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 the ‘Question Submission’ section of this solicitation.

https://dos.myflorida.com/sunbiz/ https://flvendor.myfloridacfo.com/ https://www.dms.myflorida.com/content/download/2934/11780/PUR_1001_General_Instructions_to_Respondents.pdf https://www.dms.myflorida.com/content/download/2934/11780/PUR_1001_General_Instructions_to_Respondents.pdf

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

a. Convicted Vendor List.

Pursuant to section 287.133, F.S., a person or affiliate who has been placed on the Convicted Vendor List following a conviction for a public entity crime may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in section 287.017, F.S. for CATEGORY TWO for a 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.

9. Bidder’s Representation and Authorization. In submitting a Bid, each 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 opening.

e. The Bidder has fully informed the Department in writing of all convictions of the Bidder, 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)(g), F.S.). This includes disclosure of the names of current employees who were convicted of public entity crimes while in the employ of another company.

f. Neither the 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:

o Is presently indicted or, within the preceding three years, has been convicted or found guilty of, or found civilly liable for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a federal, state, or local government transaction or public contract; violation of federal or state antitrust statutes; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; or o Has within a three-year period preceding this certification had one or more federal, state, or local government contracts terminated for cause or default.

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

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

i. If an award is made to the Bidder, the Bidder agrees that it will execute the 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, Customer, and their employees against any cost, damage, or expense which may be incurred or be caused by the Bidder’s Bid (including any errors therein).

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 and Customers of the true facts relating to submission of the Bid. A misrepresentation may be punishable under law.

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

14. Firm Response. The Department intends to make an award within sixty days after the date of the opening, during which period Bids shall remain firm and shall not be withdrawn. If award is not made within sixty 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 Bidder considers any portion of its Bid to be Confidential Information, the Bidder is to mark the document as “confidential” and simultaneously provide the Department with a separate, redacted copy of its Bid. For each portion redacted, the Bidder is to briefly describe in writing the grounds for claiming exemption, including the specific statutory citation for such exemption. On the cover of the redacted copy, the Bidder is to provide its name and the Department’s solicitation name and number and clearly title it, “Redacted Copy.” Only portions of material that the Bidder 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 Bidder such an assertion has been made. It is the Bidder’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 Bidder notice of the demand or request. It will be the Bidder’s responsibility to take the appropriate legal action in response to the demand and to defend its claims of confidentiality. If the Bidder 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 Bidder agrees to protect, defend, and indemnify the Department for all claims arising from or relating to the Bidder’s determination that the redacted portions of its Bid are Confidential Information. If a Bidder 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. Protests. Any protest concerning this solicitation should be made in accordance with sections 120.57(3) and 287.042(2), F.S., and Chapter 28-110, F.A.C. Any communication not in accordance with these sections or the solicitation, including questions to the Procurement Officer, will not constitute formal notice of a protest.

3.3 How to Access the Sourcing Event in MyFloridaMarketPlace

3.3.1 VIP and Business Network Registration Requirements

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

To Participate in this solicitation, a Vendor must:

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

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

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

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

a) Register in the Business Network using the provided link received after selecting “Intends to Participate” in VIP. The Vendor must follow the registration wizard to fill in all required sections, 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.

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

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

b) To navigate to different tools, select the “Business Network” drop down menu at the top left-hand corner of the screen. To access sourcing (solicitation) events select “Ariba Proposals & Questionnaires” and review the “Events” list.

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

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

A sourcing event can appear in various statuses based on where the solicitation is in the 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 completed before a Vendor can respond to this solicitation, including accepting the Ariba Network’s Respondent’s Agreement.

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

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

RESPONSE AND ALL REQUIRED DOCUMENTS IN THE BUSINESS NETWORK BY THE

TIME AND DATE LISTED IN THE TIMELINE OF EVENTS IN ORDER TO PARTICIPATE IN

THIS SOLICITATION.

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

3.3.2 MFMP Training

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

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

3.3.3. MFMP Assistance

If you need assistance with using MFMP, please contact the MFMP Customer Service Desk at

(866) 352-3776 or VendorHelp@myfloridamarketplace.com. Specific questions regarding this solicitation must be submitted in accordance with the Question Submission section.

3.4 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 the ‘Timeline of Events’ section.

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

3.5 Cost of Bid Preparation

The costs related to the development and submission of a Bid are the full responsibility of the Bidder and are not chargeable to the Department.

3.6 Independent Preparation

A Bidder shall not, directly, or indirectly, collude, consult, communicate, or agree with any other Bidder as to any matter related to the bid each is submitting. Additionally, a Bidder shall not induce any other Bidder to modify, withdraw, submit, or not submit a bid.

3.7 False or Erroneous Information

A Bidder who submits false or erroneous information may be deemed non-responsive and not awarded a Contract. If the Bidder’s Bid is found to contain false or erroneous information after Contract award, the Contract may be terminated, and the Department may pursue any other legal action available.

ITB ATTACHMENTS

Attachment A Scope of Work Attachment B Price Sheet Attachment C Additional Special Contract Conditions Attachment D Special Contract Conditions Attachment E General Contract Conditions Attachment F Draft Contract Attachment G Mandatory Responsive Requirements

Attachment H Certification of a Drug Free Workplace Attachment I Broker Information Attachment J Expiring Policy, as endorsed Attachment K Historical Loss Experience Report Attachment L Equipment Breakdown Master Schedule of Values Attachment M Vendor Certification Form (PUR 7801) Attachment N PUR 2024

Required Documents to be submitted by Bidder prior to ITB opening Completed Attachment G, Mandatory Responsive Requirements Completed Attachment B, Price Sheet Completed Attachment N PUR 2024 Copy of Bidder’s secured Insurer Quotation and AM Best Rating per ITB section 2.5.4

Other Documents requested to be submitted by Bidder with Bid prior to ITB opening Completed Attachment I, Broker Information Copy of Bidder’s Certificate of Insurance per ITB section 2.6.2

Optional Documents requested to be submitted by Bidder prior to ITB opening Completed Attachment H, Certification of Drug Free Workplace (if applicable) per ITB section 2.7.1

Solicitation No. 24-64121502-ITB

Attachment A

Scope of Work (SOW)

ITB No. 24-84131502-ITB

1. Department Insurance Program The State of Florida has statutorily established the following two methods for state agencies and other governmental entities to obtain insurance coverage: (1) from the State Risk Management Trust Fund (SRMTF) administered by the Department of Financial Services, Division of Risk Management, for property, general liability, automotive liability, federal civil rights, court-awarded attorney’s fees in certain other proceedings against the state, and workers compensation, as established by Chapter 284, Florida Statutes; and

(2) from commercial insurance purchased by the Division of State Purchasing pursuant to sections 287.022 and 287.042, Florida Statutes, as further specified in Rule 60A-1.015, Florida Administrative Code, for risks not eligible for coverage through the SRMTF.

Section 287.022 (1), Florida Statutes, provides:

Insurance, while not a commodity, nevertheless shall be purchased for all agencies by the department, except that agencies may purchase title insurance for land acquisition and may make emergency purchases of insurance pursuant to s. 287.057(3)(a), Florida Statutes. The procedures for purchasing insurance, whether the purchase is made by the department or by the agencies, shall be the same as those set forth herein for the purchase of commodities.

State Purchasing operates the Department’s Insurance Program, which is responsible for the purchase and management of insurance for executive branch state agencies and Eligible Users, at their own choosing and based upon funding allocations.

The purpose and goal of the Department’s Insurance Program is to provide coverage at the best premium rates possible for Florida’s State Agencies.

2. Purpose

The Contractor shall market and secure an Insurance Policy on behalf of the State of Florida and the current Named Insureds that shall, at a minimum, include coverage that is the same or better coverage set forth in ITB Attachment J, Expiring Policy, as endorsed, incorporated herein by reference, and the coverage set forth in section 5, Coverage Requirements.

The Insurance Policy secured on behalf of the State of Florida and the Named Insureds shall be provided at the pricing specified in the Bid, provided in accordance with Florida Statutes, and conform with the terms and conditions specified in the Contract. The insurance policy shall have an effective date October 1, 2024 or such other date as shall prevent a lapse in the insurance coverage.

3. Definitions

Definitions contained in section 287.012, Florida Statutes (F.S.); and Rule 60A-1.001, Florida Administrative Code (F.A.C.); Special Contract Conditions included in ITB Attachment D; and the https://www.dms.myflorida.com/content/download/2934/11780/PUR_1001_General_Instr uctions_to_Respondents.pdf (PUR 1001, General Instructions to Respondents (10/06)) https://www.dms.myflorida.com/content/download/2934/11780/PUR_1001_General_Instructions_to_Respondents.pdf https://www.dms.myflorida.com/content/download/2934/11780/PUR_1001_General_Instructions_to_Respondents.pdf

Attachment A

Scope of Work (SOW) 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 document. All definitions apply in both their singular and plural sense.

Agency – as defined in section 287.012(1), F.S.

Bid – The document(s) submitted by a Bidder in response to this ITB.

Bidder – A vendor who submits a bid to this ITB.

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

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. at the Customer’s location.

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

Claim – A demand for recovery for loss or damages.

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

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

Contract Manager – The representative designated by the Department who will oversee all aspects of the Contract, monitor performance expectations, and serve as the primary point of contact for the Contractor.

Customer – A State Agency or Eligible User included on the insurance policy.

Department – The Department of Management Services (DMS), a state agency.

Eligible User –As defined in Rule 60A-1.001(4)(h), for purposes of insurance contracts procured pursuant to Section 287.022, F.S., only non-Agency state entities with a Department of Financial

Services State Risk Management Trust Fund Certificate are eligible users.

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

Insurer – As defined in section 624.80(1), F.S. The insurance company selected by the

Attachment A

Scope of Work (SOW)

Broker to provide insurance coverage as described in this ITB. The term ‘Underwriter’ is synonymous with ‘Insurer’ in this procurement.

Named Insured – Entities listed in this Scope of Work section 4 and Attachment J Expiring Policy, as endorsed, and those added during the Policy Period.

Policy Inception - The effective date of the Insurance Policy.

Policy Period – The time between the exact hour and date of Policy Inception and the hour and date of Policy expiration.

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

State – The State of Florida.

Total Insured Value (TIV)- The total insured value of all covered equipment and covered property aggregated either for an individual Named Insureds or all Named Insured.

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

4. Named Insured The master policyholder is the State of Florida, c/o the Department of Management Services, Division of State Purchasing, 4050 Esplanade Way, Suite 360, Tallahassee, FL 32399-0950.

The following entities are the current Named Insureds for whom coverage is being sought:

4th DCA Fourth District Court of Appeal 5th DCA Fifth District Court of Appeal APD Agency for Persons with Disabilities COM Commerce (f/k/a Department of Economic Opportunity) DCF Department of Children and Families DEP Department of Environmental Protection DFS Department of Financial Services DOH Department of Health DHSMV Department of Highway Safety and Motor Vehicle DJJ Department of Juvenile Justice DMS Department of Management Services (incl. 1st DCA) DOT Department of Transportation DVA Department of Veterans Affairs FAMU Florida Agricultural and Mechanical University FAU Florida Atlantic University

FDC Florida Department of Corrections https://vendor.myfloridamarketplace.com/

Attachment A

Scope of Work (SOW)

FGCU Florida Gulf Coast University FIU Florida International University FPU Florida Polytechnic University FSDB Florida School for the Deaf and Blind FSU Florida State University FWC Fish and Wildlife Conservation Commission NCF New College of Florida UF University of Florida UF-Scripps University of Florida - Scripps UNF University of North Florida USF University of South Florida UWF University of West Florida

NOTE: The Named Insureds may be amended during the Policy Period as outlined in this

SOW.

5. Coverage Requirements The State’s current program provides equipment breakdown insurance for certain state agencies and eligible users. Insurance Policy coverage procured through this solicitation shall be the same or better policy form and coverage, including deductibles, as provided in Attachment J, Expiring Policy, as endorsed, and as set forth in this Scope of Work.

Key coverage requirements are provided in the sections below; however, other Policy requirements are located in Attachment J, Expiring Policy, as endorsed.

The Department reserves the right to request additions to or deletions from existing coverages or exposures stated in the Insurance Policy on behalf of the Named Insureds when deemed to be in the State's best interest in accordance with Section 7.7, Additions/Deletions.

5.1 Current Policy Limits

Current policy limits are provided in Attachment J, Expiring Policy, as endorsed.

5.2 Building and Contents Property…