F1434583639_01ITNInstructions.pdf

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

State of Florida

Department of Financial Services

Invitation to Negotiate (ITN) Number: 2122-01 ITN RM

Statewide Claims and Investigation Services

Procurement Officer:

Andrea Brooks

Government Operations Consultant III Department of Financial Services

Purchasing Services 200 E. Gaines Street, Larson Building

Tallahassee, FL 32399-0317 Email: DFSpurchasing@myfloridacfo.com

2122-01 ITN RM

Rev. 09/13/16

Table of Contents

SECTION 1. Introduction

1.1 Purpose

1.2 Background

1.3 Questions Being Explored

1.4 Goals of the ITN

1.5 Term

1.6 Definitions

1.7 Procurement Officer

1.8 Special Accommodations

1.9 Cooperation with Inspector General

1.10 Commitment to Diversity in Government Contracting

1.11 Convicted Vendor List

1.12 Discriminatory Vendor List

1.13 Antitrust Violator Vendor List

SECTION 2. ITN Process

2.1 Overview of the ITN

2.2 Timeline

2.3 Pre-Response Conference

2.4 Question and Answer Period

2.5 Public Opening of Responses

2.6 Addenda to the ITN

2.7 Contract Formation

SECTION 3. Response Instructions

3.1 Instructions to Respondents

3.2 Mandatory Responsiveness Requirements

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3.3 Contents of the Response

3.3.1 Volume 1: General Information

3.3.2 Volume 2: Technical Response

3.3.3 Volume 3: Mandatory Responsiveness Requirements

3.3.4 Volume 4: Contract Exceptions

3.3.5 Volume 5: Proposal for Optional and/or Value-Added Services

3.4 How to Submit a Response

3.5 Disclosure of Response Contents

3.6 Confidential Response Materials and Redacted Submissions

3.6.1 Redacted Submissions

3.6.2 Respondent’s Obligations to Defend its Claims

3.7 Withdrawal and Modification of Responses

3.8 Minor Irregularities

3.9 Additional Information

SECTION 4. Selection Methodology

4.1 Review of Mandatory Responsiveness Requirements

4.2 Evaluation Team

4.3 Evaluation Criteria

4.3.1 Evaluation of Technical Response

4.3.2 Price Response

4.4 Negotiation Team

4.5 Negotiations

4.5.1 Negotiation Location and Attendance

4.5.2 Revised Responses and Best and Final Offers

4.5.3 Other Department Rights During Negotiations

4.6 Selection Criteria

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SECTION 5. Award

5.1 Basis of Award

5.2 Recommendation of Award

5.3 Chief Financial Officer’s Approval

5.4 Agency Decision

5.5 MyFloridaMarketPlace (MFMP) Registration

5.6 Execution of Contract

Attachments

# Name Attachment Sub-Components, If Any

To Be Completed and Returned

Attached for

Reference

A Standard Contract Contract Signature Page Attachment 1, Standard Terms and Conditions

Attachment 2, Statement of Work (SOW)

Attachment 3, Price Response Attachment 4, PUR1000 Addendum A, Public Records Requirements

Addendum B, Data Security Requirements

Addendum C, Relevant Portions of Contractor’s Response (Placeholder – Documents Not Yet Available)

B Estimated Annual Assignment Average C Annual Assignments by Type D Evaluator Score Sheet E Mandatory Criteria Certification F Description of Contract Disputes Form G Business Reference Form

SECTION 1. INTRODUCTION

1.1 PURPOSE

The Florida Department of Financial Services (Department) is issuing this Invitation to Negotiate (ITN) to solicit Responses from one or more entities (Respondents) that are qualified and capable of providing Statewide Claims and Investigation Services for Workers’ Compensation and State Liability and Property Claims Services. Respondents interested in submitting a Response must comply with all of the terms and conditions described in this ITN.

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The Department intends to enter into a Contract using Attachment A, Standard Contract, which is hereby incorporated by reference. The Department intends to award a Contract to one vendor; however, the Department reserves the right to make no award if determined to be in the best interest of the State.

1.2 BACKGROUND

The Division of Risk Management (DRM or Division) is in need of specific Statewide claims and investigation services to comply with its statutory duties to ensure the proper handling of Workers’ Compensation and State Property and Liability Claims, and to implement DRM’s anti-fraud plan to detect and investigate any suspected fraud by a person making claims against the State.

The Contractor will have experience providing services similar in nature to those described in this ITN, preferably with Florida government entities. The Contractor will be capable of functioning as the Special Investigations Unit (SIU) for the Division to investigate possible fraudulent claims as required by section 626.9891, Florida Statutes (F.S.). The Contractor must have a primary business location in the state of Florida.

The majority of the State’s claims are currently handled by in-house Division staff. However, many of the claims that are of a more complex nature may require outside field investigation/field contact by the successful Respondent on a Statewide basis. There may be occasional claims filed outside of the state of Florida for which the Contractor will be required to provide claims adjusting services.

Due to heavy workload or staff vacancies, the Division may also require full handling of claims by the Contractor, either at the office of the Contractor or in-house within the Division by Contractor staff. In addition, the Division may require specialized claims processing services, such as calculating yearly workers’ compensation benefit increases and offsets for permanently and totally disabled Claimants.

The estimated annual assignment average by assignment type, is provided in Attachment B, Estimated Annual Assignment Average, and is based on historical assignment data for fiscal years 2017-2018, 2018- 2019, and 2019-2020. Current information regarding State workforce populations may be obtained through the Florida Department of Management Services at:

https://www.dms.myflorida.com/content/download/149462/996706/FY_2018- 19_Annual_Workforce_Report_(FINAL).pdf.

The number of claims for Workers’ Compensation and State Liability and Property claims is provided in Attachment C, Annual Assignments by Type, which is based upon historical claim assignment data from fiscal years 2017-2018, 2018-2019, and 2019-2020.

1.3 QUESTIONS BEING EXPLORED

Respondents are not to respond directly to these questions. The Department is seeking a solution (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 its Solution by exploring the following questions:

1. How do the Respondents customize their services to fit the needs of each client?

2. How do the Respondents ensure that their clients are receiving the most cost-effective solutions?

3. Do the Respondents offer additional services that may be of value to the State?

4. What services can be offered by the Respondents to ensure a seamless transition of services?

1.4 GOALS OF THE ITN

1. To meet the Contract objectives as outlined in Attachment 2, Statement of Work.

2. To minimize costs while providing the required services to stakeholders.

3. To obtain a Contract that provides exceptional value to the State.

https://www.dms.myflorida.com/content/download/149462/996706/FY_2018-19_Annual_Workforce_Report_(FINAL).pdf https://www.dms.myflorida.com/content/download/149462/996706/FY_2018-19_Annual_Workforce_Report_(FINAL).pdf

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1.5 TERM

The initial term of the Contract awarded under this solicitation will be four (4) years, and the Contract may be renewed for up to four (4) years in accordance with section 287.057, F.S.

1.6 DEFINITIONS

The following definitions apply to this ITN document:

Business Days – Monday through Friday, inclusive, except for State government holidays.

Calendar Days – All days, including weekends and holidays. With respect to due dates and deliverables, if the last day counted falls on a weekend or holiday, the due date shall be the next business day thereafter.

Confidential Information – Any documents, data, or records that are confidential and not subject to disclosure pursuant to chapter 119, F.S., the Florida Constitution, or any other applicable provision of state or federal law that serves to exempt information from public disclosure.

Contract – The agreement that results from this competitive solicitation, if any, between the Department and the awarded Respondent.

Contractor – A Respondent that executes a Contract with the Department pursuant to this ITN.

Department – The Department of Financial Services.

Response – The formal response to this ITN.

Respondent – An entity that submits a Response to this ITN.

State – The state of Florida.

Vendor Bid System (VBS) – The State’s internet-based vendor information system at http://www.myflorida.com/apps/vbs/vbs_www.main_menu.

1.7 PROCUREMENT OFFICER

Pursuant to section 287.057(25), F.S., the Department’s Procurement Officer (Procurement Officer) is the sole point of contact for this solicitation.

The Procurement Officer is:

Andrea Brooks Government Operations Consultant III Department of Financial Services Email: DFSpurchasing@myfloridacfo.com

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

PROCUREMENT OFFICER***

Please note that questions will NOT be answered by telephone. All inquiries must be directed to the Procurement Officer in writing. For expediency, the Procurement Officer at her sole discretion may initiate phone calls to Respondents to resolve procedural or administrative issues.

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

Any such contact by any person with a relevant business relationship with a Respondent or an existing or prospective subcontractor to a Respondent is assumed to be acting on behalf of a Respondent unless shown otherwise.

http://www.myflorida.com/apps/vbs/vbs_www.main_menu mailto:DFSpurchasing@myfloridacfo.com

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1.8 SPECIAL ACCOMMODATIONS

Any person requiring a special accommodation due to a disability should contact the Department’s Procurement Officer. Requests for accommodation for meetings must be made at least five (5) Business Days prior to the meeting. A person who is hearing or speech impaired can contact the Procurement Officer by using the Florida Relay Service at (800) 955-8771 (TDD).

1.9 COOPERATION WITH INSPECTOR GENERAL

By providing a Response to this solicitation, the Respondent understands its duty, pursuant to section 20.055(5), F.S., to cooperate with the Inspector General in any investigation, audit, inspection, review, or hearing, in the event Respondent is awarded the Contract. The Respondent will comply with this duty and ensure that subcontracts issued under the Contract, if any, impose this requirement, in writing, on its subcontractors.

1.10 COMMITMENT TO DIVERSITY IN GOVERNMENT CONTRACTING

The State is committed to supporting its diverse business industry and population through ensuring participation by woman-, veteran-, and minority-owned business enterprises in the economic life of the State. The State of Florida Mentor Protégé Program connects certified business enterprises with private corporations for business development mentoring. We strongly encourage firms doing business with the State to consider participating in this initiative. For more information on the Mentor Protégé Program, please contact the Office of Supplier Diversity at (850) 487-0915 or osdinfo@dms.myflorida.com.

The Department supports diversity in its procurement program and requests that all subcontracting opportunities afforded by this solicitation enthusiastically embrace diversity. The award of subcontracts should reflect the vast array of citizens in the State. The Contractor can contact the Office of Supplier Diversity at (850) 487-0915 for information on certified business enterprises that may be considered for subcontracting opportunities.

1.11 CONVICTED VENDOR LIST

Pursuant to section 287.133(2)(a), 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.”

1.12 DISCRIMINATORY VENDOR LIST

Pursuant to section 287.134(2)(a), F.S., “[a]n 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.”

1.13 ANTITRUST VIOLATOR VENDOR LIST

Pursuant to section 287.137(2)(a), “[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 mailto:osdinfo@dms.myflorida.com

Rev. 09/13/16 public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a new contract with a public entity; and may not transact new business with a public entity.”

SECTION 2. ITN PROCESS

2.1 OVERVIEW OF THE ITN

The ITN is a method of competitively soliciting a commodity or contractual service under chapter 287, F.S.

Under this ITN, there will not be a pre-Response conference. Vendors may submit questions regarding this ITN to the Department during the Question and Answer Period.

Respondents must submit Responses by the deadline listed in Section 2.2, Timeline. The Department will open the Responses at a public opening. After the public opening, the Procurement Officer will review Responses in accordance with Section 4.1, Review of Mandatory Responsiveness Requirements.

Responses that the Procurement Officer determines are responsive to the ITN will be evaluated by the evaluation team. After evaluation, the Procurement Officer will compile the final evaluation scores to determine the competitive range of Responses reasonably susceptible of award (Competitive Range). The Department may then select Respondents within the Competitive Range with which to commence negotiations. After negotiations are conducted, the Department will award the Contract to the responsible and responsive Respondent that the Department determines will provide the best value to the State, based on the selection criteria.

This section is only intended to be an overview. Read the solicitation in its entirety for further details. In the event of a conflict between this overview and another section of this ITN document, the other section of the ITN document will control.

2.2 TIMELINE

The following schedule will be strictly adhered to in all actions relative to this solicitation. The Department reserves the right to adjust this timeline by posting addenda on the VBS. It is the responsibility of the Respondent to check the VBS on a regular basis for such updates.

Timeline

Event Time

Eastern Time (ET)

Event Date

ITN posted on the VBS. 3:00 PM November 10, 2021

Deadline to submit questions to Procurement Officer. 5:00 PM November 23, 2021

Department’s anticipated posting date for answers to Respondents’ questions on the VBS. N/A December 14, 2021

Deadline to submit Responses and all required documents to the Department.

4:00 PM January 11, 2022

Public Response opening.

Department of Financial Services 200 E. Gaines Street, Larson Building, Rm 116 Tallahassee, Florida 32399-0347

4:15 PM

January 11, 2022

2.3 PRE-RESPONSE CONFERENCE

The Department will not hold a pre-Response conference.

2.4 QUESTION AND ANSWER PERIOD

Vendors may submit written questions to the Procurement Officer by the deadline listed in Section 2.2, Timeline. Questions may include requests for clarification regarding the terms, conditions, and requirements of the ITN and its attachments, and any processes described in those documents. If terms included in the Standard Contract are impractical or, for legal or operational reasons impossible, vendors are encouraged to submit questions regarding the Department’s acceptance of specified alternative terms.

***PLACE THE SOLICITATION NUMBER IN THE SUBJECT LINE OF ALL EMAILS

CONTAINING QUESTIONS.***

The Department requests that vendors submit questions in the following format:

Questions do not constitute a formal protest of the specifications or of the solicitation.

The Department will provide an answer to all questions that are timely submitted through an addendum that is posted on the VBS. If modifications are made to the ITN document or attachments, the Department will post the changes in an addendum on the VBS.

2.5 PUBLIC OPENING OF RESPONSES

The Department will open the Responses in a public opening at the date, time, and location noted in Section 2.2, Timeline.

2.6 ADDENDA TO THE ITN

The Department reserves the right to make changes to this ITN by posting addenda on the VBS. It is the Respondent’s responsibility to check for any posted addenda on the VBS.

2.7 CONTRACT FORMATION

The Department will enter into a Contract with the Respondent awarded the Contract pursuant to Section 5, Award. The Contract will consist of the documents listed under Attachment A, Standard Contract, in this ITN document’s Attachments table.

NOTE: The public opening will be conducted via Conference Call. To attend the public opening call 888-585-9008 and when prompted use Conference Room No. 498-257-393. Attendance at this public opening is not required.

Public meeting for negotiation team to discuss recommended award.

1801 Hermitage Boulevard, Hermitage Building Conference Room, Tallahassee, Florida 32309

TBD TBD

Anticipated date to post Notice of Intent to Award. TBD TBD

Question # ITN Section ITN Page # Question

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The Respondent shall bring any perceived inconsistencies among any of the provisions of the ITN and its attachments to the attention of the Department prior to the submission of its Response. At any time during the solicitation, the Department may specifically identify and incorporate by reference any additional documents which are to be incorporated into the Contract.

SECTION 3. RESPONSE INSTRUCTIONS

3.1 INSTRUCTIONS TO RESPONDENTS

This section contains the General Instructions (PUR1001) and Special Instructions to Respondents. The PUR 1001 can be accessed at:

http://dms.myflorida.com/business_operations/state_purchasing/documents_forms_references_resources/ purchasing_forms.

The Special Instructions are in the remainder of Section 3 of this ITN document. In accordance with Rule 60A-1.002, F.A.C., in the event any conflict exists between the Special Instructions and General Instructions, the Special Instructions will prevail.

Section 3, 5, and 9 of the PUR 1001 are inapplicable and are replaced with the following:

Section 3. Electronic Submission of Responses Responses shall be submitted in accordance with Section 3.4, How to Submit a Response, of the ITN document.

Section 5. Questions Questions shall be submitted in accordance with Section 2.4, Questions and Answer Period, of the ITN document.

Section 9. Respondent’s Representation and Authorization

(a) In submitting its Response, the Respondent understands, represents, and acknowledges the following:

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

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

• The prices and amounts have been arrived at independently and without consultation, communication, or agreement with any other Respondent or potential Respondent; neither the prices nor amounts, actual or approximate, have been disclosed (and will not be disclosed prior to the solicitation opening) to any Respondent or potential Respondent.

• The Respondent will conform to the terms and conditions of the Standard Contract without exception, or, where an exception is made by Respondent, will provide an alternative that is equivalent to or exceeds the Department’s terms and conditions.

• If an award is made to the Respondent, the Respondent agrees that it intends to be legally bound to the Contract that is formed with the Department.

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

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

http://dms.myflorida.com/business_operations/state_purchasing/documents_forms_references_resources/purchasing_forms http://dms.myflorida.com/business_operations/state_purchasing/documents_forms_references_resources/purchasing_forms

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• All information provided by, and representations made by, the Respondent may be considered material and may be relied upon by the Department in awarding the Contract.

Any misstatement may be treated as fraudulent concealment from the Department of the true facts relating to submission of the Response. A misrepresentation shall be punishable under law, including, but not limited to, chapter 817, F.S.

(b) In submitting a Response, the Respondent understands, represents, and acknowledges the following (NOTE: If the Respondent cannot certify to any of the following, the Respondent shall submit with its Response a written explanation of why it cannot do so. The Respondent’s explanations may result in the Respondent being found to not be a responsible or responsive vendor as defined in sections 287.012(25) and (27), F.S.):

• To the best of the knowledge of the person signing the Response, the Respondent, its affiliates, subsidiaries, directors, officers, and employees are not currently under Investigation by any governmental authority and have not in the last ten (10) years been convicted or found liable for any act prohibited by law in any jurisdiction, involving conspiracy or collusion with respect to bidding on any public contract.

• The Respondent currently has no delinquent obligations to the state of Florida, including a claim by the state of Florida for liquidated damages under any other contract.

• The Respondent has fully informed the Department in writing of all convictions of the firm, its affiliates (as defined in section 287.133(1)(a), F.S.), and all directors, officers, and employees of the firm and its affiliates for violation of state or federal antitrust laws with respect to a public contract and for violation of any state or federal law involving fraud, bribery, collusion, conspiracy or material misrepresentation with respect to a public contract. This includes disclosure of the names of current employees who were convicted of contract crimes while in the employ of another company.

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

o Has within the preceding three (3) years been convicted of or had a civil judgment rendered against them or is presently indicted for or otherwise criminally or civilly charged for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a federal, state, or local government transaction or public contract; violation of federal or state antitrust statutes; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; or 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.

3.2 MANDATORY RESPONSIVENESS REQUIREMENTS

A Respondent whose Response does not meet the mandatory responsiveness requirements listed below will be deemed non-responsive and will not be considered for contract award.

The mandatory responsiveness requirements are as follows:

1. The Response must include a Price Response.

2. The Response must include an Attachment E, Mandatory Criteria Certification Form, that meets the requirements provided in Section 3.3.3(A), Mandatory Criteria Certification.

The Department will not evaluate a Response from a Respondent that does not meet the mandatory responsiveness requirements. A Response that meets the mandatory responsiveness requirements listed above is presumed to conform in all material respects to the solicitation. The Department reserves the right to re-evaluate its responsiveness determination at any time during the solicitation.

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3.3 CONTENTS OF THE RESPONSE

Each Respondent shall organize its Response in volumes as provided below. See Sections 4.2-4.3 of this ITN for how Responses will be evaluated during the evaluation phase.

3.3.1 Volume 1: General Information

The Department requests that the Respondent:

A. Cover Letter

Submit a cover letter on the Respondent’s letterhead that contains the following information:

1. The name and principal place of business of the Respondent.

2. The Respondent’s Federal Employer Identification Number (FEIN).

3. The name, title, mailing address, telephone number, and email address of the Respondent’s contact person for purposes of the ITN and, if available, an alternate contact person.

B. Responses of Disclosures Required by the PUR 1001

1. Submit any disclosures required by Section 6 of the PUR 1001.

2. Submit any disclosures required by Section 9 of the PUR 1001, as modified by Section 3.1 of the ITN. If unable to certify to any of the provisions of part (b) of Section 9 of the PUR 1001, as modified by Section 3.1 of this ITN, submit a written explanation of why the Respondent cannot do so. The Respondent’s explanations may result in the Department finding the Respondent to not be a responsible or responsive vendor as defined in sections 287.012(25) and (27), F.S. No exceptions to part (a) of Section 9 of the PUR 1001, as modified by Section 3.1 of this ITN document, will be accepted.

3.3.2 Volume 2: Technical Response

NOTE: Volume 2 is the only volume the Evaluators will evaluate during the evaluation process referenced in Section 4.2-4.3 of the ITN. Information provided in volumes 1, 3, 4, and 5 will not be reviewed by the Evaluators.

The Respondent should provide the following information:

A. Narrative on Experience and Ability

The Respondent should:

1. Provide a narrative on the Respondent’s corporate business purpose, organizational history, administration, and experience with providing claims and investigation services.

2. Provide a narrative on the Respondent’s prior relevant experience with providing claims and investigation services. Experience should be reflective of the Respondent’s ability to perform and effectively administer, manage, and support the services sought in the SOW.

3. Provide examples of the Respondent’s previous or current provision of similar services sought by the SOW.

B. Respondent’s Proposed Approach

The Respondent should:

1. Provide its Continuity of Operations Plan (COOP) in order to continue to provide the services sought in this ITN in the event of a natural disaster, cyberattack, network communication loss, pandemic, or loss of electrical supply.

2. Provide an organizational chart.

3. Identify Key Personnel, including biographies describing the background, experience, and qualifications for each member.

4. Describe its plan for carrying out the services contained in the SOW, including if a subcontractor will be utilized.

5. Type I: Special Investigation/Field Contact - Workers’ Compensation Claims

The Respondent should describe its proposed approach to providing Workers’ Compensation Claims services, as specified in the SOW, Section 5.2.1, A., including if a subcontractor will be utilized.

a. Describe the Respondent’s proposed approach to provide special investigation/field contact services.

b. Describe the Respondent’s proposed approach to provide written acknowledgement to the Division one (1) Business Day after receiving an assignment.

c. Describe the Respondent’s proposed approach to adhere to the Division’s required completion date within twenty-one (21) Calendar Days from the date of assignment.

6. Type I: Special Investigation/Field Contact – State Liability and Property Claims The Respondent should describe its proposed approach to providing general liability, automobile liability, federal civil rights, employment discrimination, and property damage claims to State and university buildings and contents, as specified in the SOW, Section 5.2.1, B., including if a subcontractor will be utilized.

a. Describe the Respondent’s proposed approach to provide special investigation/field contact services.

b. Describe the Respondent’s proposed approach to provide written acknowledgement to the Division within one (1) Business Day after receiving an assignment.

c. Describe the Respondent’s proposed approach to adhere to the Division’s required completion date within twenty-one (21) Calendar Days from the date of assignment.

7. Type II: External Full Handling and Processing of a Claim - Workers’ Compensation Claims The Respondent shall describe its proposed approach to provide Workers’ Compensation Claim services, as specified in the SOW, Section 5.2.2, A., including if a subcontractor will be utilized.

a. Describe the Respondent’s proposed approach to provide external full handling and processing of a claim.

b. Describe the Respondent’s proposed approach to provide a summary of the claim within ten (10) Calendar Days prior to mediation.

c. Describe the Respondent’s proposed approach to submit a Type II, External Full

Handling and Processing of a Claim, quarterly status update, ten (10) Calendar Days following completion of the previous quarter.

8. Type II: External Full Handling and Processing of State Liability and Property

Claims The Respondent shall describe its proposed approach to provide State Liability and Property Claims, as specified in the SOW, Section 5.2.2, B., including if a subcontractor will be utilized.

a. Describe the Respondent’s proposed approach to provide external full handling and processing of a claim.

b. Describe the Respondent’s proposed approach to provide a summary of the claim within ten (10) Calendar Days prior to mediation.

c. Describe the Respondent’s proposed approach to submit a Type II, External Full

Handling and Processing of a Claim, quarterly status update, ten (10) Calendar Days following completion of the previous quarter.

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9. Type III: Investigation of Possible Fraud for Workers’ Compensation and State Liability and Property Claims The Respondent shall describe its proposed approach to provide investigation services for claims where insurance fraud is suspected, as specified in the SOW, Section 5.2.3, including if a subcontractor will be utilized.

a. Describe the Respondent’s proposed approach to provide investigation services for claims where possible insurance fraud is suspected.

b. Describe the Respondent’s proposed approach to comply with the requirements for providing a Florida licensed investigator to provide investigation and consulting services.

c. Describe the Respondent’s proposed approach to provide a Florida licensed investigator to work on-site at the Division at least two (2) Business Days per week.

d. Describe the Respondent’s proposed approach to provide a quarterly fraud investigation report by the fifteenth (15th) of the month following the quarter which services were rendered.

10. Type IV: Surveillance

The Respondent shall describe its proposed approach to provide surveillance services for Workers’ Compensation and State Liability and Property Claims as specified in the SOW, Section 5.2.4, including if a subcontractor will be utilized.

a. Describe the Respondent’s proposed approach to provide surveillance services for

Workers’ Compensation, Property, and Liability Claims.

b. Describe the Respondent’s proposed approach to provide a written acknowledgement of assignment to the Division within twenty-four (24) hours of receipt, that includes the name of the investigator assigned to the claim, their telephone number, fax number, and email address.

11. Type V: Appraisals The Respondent shall describe its proposed approach to provide appraisals as specified in the SOW, Section 5.2.5, for automobile property damage appraisals, heavy equipment and structural property damage appraisals, and marine surveys, including if a subcontractor will be utilized.

a. Describe the Respondent’s proposed approach to provide a written acknowledgement of assignment to the Division within one (1) Business Day of receipt, that includes the name of the Contractor’s staff assigned to the claim, their telephone number, and email address.

b. Describe the Respondent’s proposed approach for contacting the owner of the equipment or facility where the equipment is located within two (2) Business Days from the receipt of the assignment from the Division.

c. Describe the Respondent’s proposed approach for notifying the Division within three

(3) Business Days of assignment when the inspection is scheduled.

d. Describe the Respondent’s proposed approach to submit the appraisal to the Division within seven (7) Business Days from the receipt of the assignment.

e. Describe the Respondent’s proposed approach to ensure that all appraisals submitted to the Division are accompanied by photos that clearly show the area(s) of damage.

12. Type VI: Temporary Catastrophe Adjusters The Respondent shall describe its proposed approach to provide temporary catastrophe adjusters as specified in the SOW, Section 5.2.6, including if a subcontractor will be utilized.

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a. Describe the Respondent’s proposed approach to provide a minimum of ten (10) temporary catastrophe adjusters to deploy and process property damage claims within two (2) Business Days of the Division’s written request.

b. Describe the Respondent’s proposed approach to providing additional temporary catastrophe adjusters in addition to providing a minimum of ten (10), if requested in writing.

c. Describe the Respondent’s proposed approach to provide a monthly summary report for each adjuster deployed detailing the number of hours, tasks, and details of services provided for the prior month.

13. Reporting The Respondent shall describe its proposed approach to provide the reporting requirements specified in the SOW, Section 5.2.7, including if a subcontractor will be utilized.

14. Internal Quality Assurance Plan The Respondent shall describe its proposed approach for developing, finalizing, and maintaining an internal quality assurance plan, as specified in the SOW, Section 5.2.8.

15. Information Technology (IT) Requirements The Respondent shall describe its proposed approach to complying with the IT requirements, as specified in the SOW, Section 5.2.9.

16. Staffing The Respondent shall describe its proposed approach for adhering to the staffing requirements, as specified in the SOW, Section 5.2.10, and whether a subcontractor will be utilized.

a. Describe the Respondent’s proposed approach for ensuring that adjusters possess the requisite licensure, knowledge, skills, and abilities to perform the services in the SOW.

b. Describe the Respondent’s proposed approach to provide staffing levels, strategically located throughout the state of Florida, that is sufficient to perform the services and meet the requirements specified in the SOW.

c. Describe the Respondent’s proposed approach to provide temporary adjusters to replace or assist Division adjusters with workers’ compensation, property and liability claims and claims related special projects.

d. Describe the Respondent’s proposed approach to comply with providing proposed temporary adjusters within five (5) Business Days of the Division’s written request.

e. Describe the Respondent’s proposed approach to accommodating non-English speaking persons (including, but not limited to, Spanish and Creole), as well as the hearing impaired and others who require special assistance.

17. SSAE 18 (SOC 1 & 2) Type II Audit The Respondent shall describe its proposed approach for adhering to the SSAE 18 (SOC 1 & 2) Type II Audit, as specified in the SOW, Section 5.2.11.

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3.3.3 Volume 3: Mandatory Responsiveness Requirements

The Respondent shall:

A. Mandatory Criteria Certification Submit an Attachment E, Mandatory Criteria Certification Form, that provides a “Yes” Certification Answer for each Certification Question. A Respondent’s failure to provide a “Yes” Certification Answer for each Certification Question will result in the Respondent being deemed non-responsive.

B. Price Response Submit a Price Response. Attachment 3, Price Response, is proposed as a potential method for Respondents to use in submitting their Price Responses; however, Respondents may use other formats or concepts in proposing their Price Responses. Respondents are encouraged to offer creative pricing methods for the Department’s consideration. Respondents may contact the Procurement Officer to obtain an Excel version of Attachment 3, Price Response.

3.3.4 Volume 4: Contract Exceptions

The Respondent should submit a full description of any exceptions it has to the terms in the attachments that comprise Attachment A, Standard Contract.

3.3.5 Volume 5: Proposal for Optional and/or Value-Added Services The Respondent may propose to provide optional services that will make the services more efficient, more valuable, or more manageable. Optional services should be available to the Department during the Contract with notice to the Contractor that the Department intends to opt into those services. The Department shall be under no obligation to adopt the Respondent’s proposed optional services into the Contract or to opt into the services during the life of the Contract. If the Respondent will charge for its proposed optional services, pricing for those optional services will be negotiated during the negotiation phase of the ITN.

A Respondent’s proposal for optional services should include the scope of services that would be addressed, the payment structure for those services and how those services would integrate into the Respondent’s Technical Response (if at all).

This volume should also include any value-added services the Respondent would like to propose to the Department that would not otherwise fall under the description for optional services provided above.

3.4 HOW TO SUBMIT A RESPONSE

The Respondent shall submit:

• One (1) original version of each volume of the Response.

• The Respondent should include the originals of any documents required to be signed as part of the Response. The Respondent must label the cover and spine of the volumes “Original – Volume ____, Binder ____ of ____,” and include the Respondent’s name, and the ITN number.

• Eight (8) additional copies of the Response.

• The Respondent should include an exact copy of the original Response. The Respondent should label the cover and spine of the volumes “Copy # _____, Volume #____, Binder____ of ___,” and include the Respondent’s name, and the ITN number.

• One (1) scanned copy of the entire Response on a CD-ROM or flash drive, with large files scanned as separate .pdf files.

• One REDACTED scanned copy of the Response, if applicable (see Section 3.6.1).

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• The Respondent should include a redacted copy of the original Response. The Respondent must label the cover and spine of the volumes “REDACTED Copy # _____, Volume #____, Binder____ of ____,” and include the Respondent’s exact legal name, and the ITN number.

NOTE: The Respondent may use an alternate method of binding other than a binder and include separate tabs or other methods of separation for the volumes of the Response in lieu of separate binders.

Respondents must send Responses in sealed packages to the Department of Financial Services at 200 East Gaines Street, Larson Bldg., Room 146 – Office of Purchasing and Contractual Services, Tallahassee, Florida 32399-0347 by the deadline listed in the Timeline in Section 2.2, Timeline. The Respondent must clearly label the outside of the sealed packages with the ITN number and Respondent’s name.

SECTION 2.2, TIMELINE, SPECIFIES THE DEADLINE AND LOCATION FOR RESPONSE

SUBMISSION. RESPONSES SUBMITTED BEYOND THE DEADLINE OR TO A DIFFERENT

LOCATION WILL NOT BE CONSIDERED.

3.5 DISCLOSURE OF RESPONSE CONTENTS

All documentation submitted as a Response to the ITN will become the exclusive property of the Department and will not be returned to the Respondent. Responses received by the Department may be disclosed pursuant to a public records request, subject to any confidentiality claims and the timeframes identified in section 119.071(1)(b), F.S. The Department has the right to use any or all ideas or adaptations of the ideas presented in any Response. Selection or rejection of a Response will not affect this right.

3.6 CONFIDENTIAL RESPONSE MATERIALS AND REDACTED SUBMISSIONS

In addition to the public records requirements of the PUR 1001, section 19, if the Respondent considers any portion of its Response to be Confidential Information or exempt from disclosure under chapter 119, F.S., or other legal authority (Public Records Law), then the Respondent must simultaneously provide the Department with an unredacted version of the materials and a separate redacted electronic copy of the materials. If providing both a redacted and unredacted copy, the Respondent should mark the unredacted version of the document as “Unredacted Version – Contains Confidential Information” and place such information in an encrypted electronic form or a sealed separate envelope. If the Respondent fails to submit a Redacted Copy of its Response, the Department is authorized to produce the entire unredacted Response submitted to the Department in response to a public records request.

3.6.1 Redacted Submissions

If submitting a redacted version of its Response, the Respondent should mark the redacted electronic copy with the Respondent’s name, Department’s ITN name and number, and the words “Redacted Copy.” The Redacted Copy should only redact those portions of material for which a Respondent can legally support a claim that the information is Confidential Information or exempt from disclosure pursuant to Public Records Law. In the Redacted Copy, the Respondent shall redact and maintain in confidence any materials the Department provides or seeks regarding security of a proposed technology system or information subject to sections 119.011(14), 119.071(1)(f), and 119.071(3), F.S.

In addition, the Respondent must submit a separate index listing the Confidential Information or exempt portions of its Response. The index should briefly describe in writing the grounds for claiming exemption from the Public Records Law, including the specific statutory citation for such exemption.

The Redacted Copy will be used to fulfill public records and other disclosure requests and will be posted on the FACTS website. The Department will follow the procedures identified in the Standard Contract’s Addendum A, Public Records Requirements, if the Department receives a

Rev. 09/13/16 further request for Confidential Information or exempt material that has been clearly identified as such in writing by the Respondent.

During the negotiation phase of the ITN, the Department reserves the right to request copies of Responses that show the text of the Respondent’s redactions highlighted for ease of use.

3.6.2 Respondent’s Obligations to Defend its Claims

The Department is not obligated to agree with a Respondent’s claim of exemption or Confidential Information. By submitting a Response, the Respondent agrees to defend its claim that each and every portion of its redactions is exempt from inspection and copying under Florida’s Public Records Law. By submitting a Response, the Respondent agrees to protect, defend, and indemnify the Department for any and all claims arising from or relating to the Respondent’s determination that the redacted portions of its Response are Confidential Information or otherwise not subject to disclosure. The Department may use the counsel of its choosing to defend any such claims, and the Respondent shall promptly pay the Department’s invoices for legal services on a monthly basis for all costs and expenses, including legal fees, incurred in defending such claims.

3.7 WITHDRAWAL AND MODIFICATION OF RESPONSES

The Respondent may modify its Response at any time prior to the submittal deadline by submitting a request to the Procurement Officer. A submitted Response may be withdrawn from consideration by the Department if the Respondent submits a signed, written request for withdrawal to the Procurement Officer within seventy-two (72) hours after the deadline for Response submittal.

3.8 MINOR IRREGULARITIES

The Department reserves the right to accept, reject, or waive any minor irregularity (including deviations, technicalities, or omissions) if the Department determines that doing so will serve the best interest of the State. At its option, the Department may allow a Respondent to correct any minor irregularity, but the Department is under no obligation to do so. The Department may request that a Respondent provide clarifications to correct any minor irregularity.

3.9 ADDITIONAL INFORMATION

At any time during the solicitation process, the Department may request, and the Respondent must provide, supporting information or documentation. Failure to supply supporting information or documentation as required and requested may result in the disqualification or rejection of the Response.

The Department reserves the right to seek information from outside sources regarding the Respondent and the Respondent’s offerings, capabilities, references, or performance, if the Department determines that such information is pertinent to the ITN. The Department may consider such information throughout the solicitation process including, but not limited to, when determining whether the award is ultimately in the best interest of the State. This may include, but is not limited to, the Department engaging consultants, subject matter experts, and others to ensure that the Department has a complete understanding of the information provided pursuant to the solicitation.

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SECTION 4. SELECTION METHODOLOGY

4.1 REVIEW OF MANDATORY RESPONSIVENESS REQUIREMENTS

The Procurement Officer will review each Response to determine whether the Response satisfies the requirements of Section 3.2, Mandatory Responsiveness Requirements. Only those Responses that meet the mandatory responsiveness requirements will be evaluated. A Respondent who submits a Response that does not satisfy the requirements of Section 3.2, Mandatory Responsiveness Requirements, will be deemed non-responsive and will not be considered for contract award.

4.2 EVALUATION TEAM

The Department’s evaluation team will consist of at least three (3) persons who collectively have experience and knowledge in the program area and service requirements for the contractual services sought under the

ITN.

4.3 EVALUATION CRITERIA

Each response will be evaluated as set forth in the remainder of this Section 4.3, Evaluation Criteria. The Respondent’s Price Response will not be scored.

4.3.1 EVALUATION OF TECHNICAL RESPONSE

Each evaluation team member will independently evaluate each Respondent’s Volume 2: Technical Response against the evaluation criteria set forth in Attachment D, Evaluator Score Sheet. Volume 2 is the only volume the Evaluators will evaluate during the evaluation process referenced in Section 4.2-4.3 of the ITN. Information provided in volumes 1, 3, 4, and 5 will not be reviewed by the Evaluators.

See Section 3.3.2 of this ITN.

The maximum number of points for each criterion are set forth in Attachment D, Evaluator Score Sheet.

The total number of points available for the Technical Response is three hundred (300). The Procurement Officer will add the points awarded by each evaluator for a Respondent and divide the total by the number of evaluators to determine a Respondent’s…