ITB 2022-56.pdf

State of Florida Florida Department of Education

Bureau of Contracts, Grants and Procurement Management Services 344 Turlington Building 325 West Gaines Street

Tallahassee, Florida 32399-0400

BID REGISTRATION

COMPLETE AND RETURN THIS FORM

BID NO.: ITB 2022-56

TITLE: EDUCATOR’S PROFESSIONAL LIABILITY INSURANCE

DATE & TIME DUE: June 1, 2022 @ 3:00 PM Eastern Time (ET)

Potential Bidders should notify the Florida Department of Education, Bureau of Contracts, Grants and Procurement Management Services by returning this Bid Registration Form as soon as possible after downloading. Complete the information below and send this sheet only to below e-mail address (preferred). Form may also be faxed to fax number 850/245-0719, or mailed to 325 West Gaines Street, 344 Turlington Building, Tallahassee, Florida 32399-0400.

COMPANY NAME

CONTACT PERSON:

ADDRESS:

CITY, STATE, ZIP:

TELEPHONE: FAX NUMBER: ()

INTERNET E-MAIL ADDRESS:

SIGNED: DATE:

For further information on this process, you may contact Winston McGriff at 850/245-0733, e-mail address:

winston.mcgriff1@fldoe.org.

(Revised 04/19/2021) mailto:winston.mcgriff1@fldoe.org

State of Florida Department of Education

INVITATION TO BID

EDUCATOR’S PROFESSIONAL LIABILITY INSURANCE

BID NUMBER: ITB 2022-56

DEADLINES

TECHNICAL QUESTIONS: MAY 06,2022 @ 2:00 PM ET

BID RESPONSE SUBMITTAL DUE: JUNE 01, 2022 @ 3:00 PM ET

MAIL OR DELIVER BID RESPONSES TO:

Bureau of Contracts, Grants and Procurement Management Services

325 West Gaines Street 344 Turlington Building

Tallahassee, Florida 32399-0400 Attention: Winston McGriff

BID NO: ITB 2022-56 EDUCATOR’S PROFESIONAL LIABILTY INSURANCE

Revised 3/11/2022

Table Of Contents

BID REGISTRATION

• SECTION 1 –INSTRUCTIONS

1.0 GENERAL INSTRUCTIONS TO RESPONDENT

• SECTION 2 – CONTRACT CONDITIONS

2.0 GENERAL CONTRACT CONDITIONS

• SECTION 3 - INTRODUCTION

3.0 INTENT

3.1 BACKGROUND

3.2 DEFINITIONS

3.3 SCHEDULE OF EVENTS (ALL DATES IN BID SUBJECT TO CHANGE)

• SECTION 4 – SPECIAL INSTRUCTIONS

4.0 NON-RESPONSIVE BIDS, NON-RESPONSIBLE BIDDERS

4.1 POOR PERFORMANCE NOTICE

4.2 QUESTIONS

4.3 RESTRICTIONS ON COMMUNICATIONS WITH DEPARTMENT STAFF

4.4 PROCUREMENT PROTESTS/NOTICE OF RIGHTS

4.5 ADDENDA

4.6 MINOR EXCEPTIONS

4.7 COPYRIGHTED MATERIAL

4.8 CONFIDENTIAL MATERIAL

4.9 PREPARATION COST

4.10 WITHDRAWAL

4.11 PUBLIC OPENING OF BID RESPONSES

4.12 CORRECTION OF BID RESPONSE ERRORS

4.13 VISITOR PASS TO THE TURLINGTON BUILDING

4.14 ACCESSIBILITY FOR DISABLED PERSONS

4.15 RESPONSE DURATION

4.16 PRICING

4.17 AWARD

4.18 AUTHORIZATION TO DO BUSINESS IN THE STATE OF FLORIDA

4.19 LICENSED TO CONDUCT SERVICES IN THE STATE OF FLORIDA

4.20 NOTICE TO CONTRACTOR

4.21 QUALIFICATIONS

4.22 SUBMISSION OF BID RESPONSES BY SUBSIDIARIES OR AFFILIATES

4.23 IDENTICAL EVALUATION OF BID RESPONSES

4.24 INDEPENDENT PRICE DETERMINATION

4.25 METHOD OF PAYMENT

4.26 EXTENSION

4.27 INSPECTION AUDIT AND MAINTENANCE OF REPORTS

4.28 DIVERSITY IN CONTRACTING

4.29 SUB-CONTRACTING

4.30 CONTRACTUAL OBLIGATIONS

4.31 CONTRACT COMPLETION

4.32 DISPOSITION OF BID RESPONSES

• SECTION 5– SPECIAL TERMS AND CONDITIONS

5.0 PRE-BID CONFERENCE: A PRE-BID CONFERENCE WILL NOT BE HELD

5.1 SITE INSPECTION: A SITE INSPECTION WILL NOT BE HELD

5.2 PERFORMANCE BOND

5.4 INDEMNIFICATION

5.5 EMPLOYEE REQUIREMENTS

5.6 PARTICIPATION IN FUTURE STAGES OF THIS PROJECT

5.7 INFORMATION TECHNOLOGY REQUIREMENTS

5.8 SCRUTINIZED COMPANIES LISTS

5.9 SCRUTINIZED COMPANIES – TERMINATION

• SECTION 6 – SCOPE OF SERVICES

• SECTION 7 – SPECIAL INSTRUCTIONS – BID RESPONSE FORMAT & CONTENT

7.0 BID RESPONSE SUBMISSION

7.1 BID CONDITIONS

7.2 BID RESPONSE FORMAT INSTRUCTIONS

• SECTION 8 – SUBMITTALS AND EVALUATION

8.0 PRELIMINARY SUBMITTAL REVIEW

8.1 POSTING OF BID TABULATION

8.2 PROTEST OF BID TABULATION OR PROCUREMENT TERMS

8.3 INABILITY TO POST

8.4 AWARD OF THE CONTRACT

• ATTACHMENT ‘1’

BID PRICE SHEET

BID PRICE SHEET

• ATTACHMENT ‘2’

DISCLOSURE STATEMENT

• ATTACHMENT ‘3’

DRUG-FREE WORKPLACE

• ATTACHMENT ‘4’

MINORITY SUB CONTRACTORS UTILIZATION SUMMARY

• ATTACHMENT ‘5’

SCRUTINIZED COMPANIES LISTS

• ATTACHMENT ‘6’

CONTRACT STANDARD TERMS AND CONDITIONS

• BID RESPONSE CHECKLIST

INVITATION TO BID

FLORIDA DEPARTMENT OF EDUCATION

EDUCATOR’S PROFESSIONAL LIABILITY INSURANCE

BID NUMBER: ITB 2022-56

SECTION 1 –INSTRUCTIONS

1.0 GENERAL INSTRUCTIONS TO RESPONDENT

This section contains instructions explaining the solicitation process and the actions necessary to respond. General Instructions to Respondent (Form PUR 1001 – incorporated herein by reference) is a downloadable document which must be downloaded for review. This document need not be returned with the respondent’s Bid Response. Form PUR 1001 may be accessed at http://dms.myflorida.com/business_operations/state_purchasing under “Documents, Forms, References and Resources”.

In the event of any conflict between Form PUR 1001 and other instructions provided in this document, the additional instructions in this document shall take precedence over the Form PUR 1001 unless the conflicting term is required by any section of the Florida Statutes, in which case the statutory requirements shall take precedence.

ALTHOUGH THE ITB MAY USE MANDATORY WORDS LIKE “SHALL,” “WILL,” “SHOULD” OR “MUST,” AND MAY DEFINE CERTAIN ITEMS AS REQUIREMENTS, THE DEPARTMENT RESERVES THE RIGHT, IN ITS DISCRETION, TO WAIVE ANY DEVIATIONS FROM THESE PROVISIONS. IN ADDITION, THERE IS NO GUARANTEE THAT SUCH DEVIATIONS WILL BE DEEMED IN THE STATE’S BEST INTEREST OR A MINOR

IRREGULARITY.

SECTION 2 – CONTRACT CONDITIONS

2.0 GENERAL CONTRACT CONDITIONS

Standard terms and conditions that will apply to the contract which results from the solicitation event are provided in this section. General Contract Conditions (Form PUR 1000 – incorporated herein by reference) is a downloadable document which must be downloaded for review. This document need not be returned with the respondent’s Bid Response. Form PUR 1000 may be accessed at http://dms.myflorida.com/business_operations/state_purchasing under “Documents, Forms, References and Resources”.

In the event of any conflict between the PUR 1000 form and any other Special Conditions, the Special Conditions shall take precedence over the PUR 1000 form unless the conflicting term in the PUR form is required by any section of the Florida Statutes, in which case the term contained in PUR 1000 shall take precedence.

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

SECTION 3 - INTRODUCTION

3.0 INTENT

Pursuant to section 1012.75(3), Florida Statutes, the State of Florida Department of Education (hereinafter referred to as the "Department") is soliciting written Bid Responses from qualified vendors to establish a 24 month term contract to obtain an educator’s professional liability insurance policy for the State which protects instructional personnel from liability for monetary damages and the costs of defending actions resulting from claims made against the instructional personnel arising out of occurrences in the course of activities within the instructional personnel’s professional capacity.

Pursuant to section 1012.75(3), Florida Statutes, the Department is authorized to provide professional liability insurance coverage for all full-time instructional personnel. The purpose of this ITB is to secure this coverage. The Department will pay all premiums and deductibles for all full-time instructional personnel. Thus, the Department’s intent is to provide coverage at no cost to all full-time instructional personnel.

In addition, Section 1012.75(3), Florida Statutes, authorizes the Department to obtain a price for other district personnel (part-time instructional personnel, administrative personnel, and students enrolled in a state-approved teacher preparation program pursuant to s. 1012.39(3) whereby these individuals may purchase the same coverage given to full-time instructional personnel at the individual’s own expense. While the coverage must be identical, these policies must be priced with no deductible.

This ITB requests prices for this additional coverage. Any other personnel desiring this coverage must work directly with the selected vendor to obtain this coverage. All premiums associated with this optional coverage must be paid directly to the selected vendor. In sum, this ITB seeks a price for the identical coverage offered to full-time instructional personnel, with no deductible, for the following additional personnel:

1. part-time instructional personnel,

2. administrative personnel,

3. and students enrolled in a state-approved teacher preparation program pursuant to s. 1012.39(3)

The resulting contract may be renewed for three additional (1) year terms, see Form PUR 1000 for renewal requirements.

3.1 BACKGROUND

Similar insurance coverage was secured by the State beginning in 2001 and ending on June 30, 2006. Coverage was allowed to expire in 2006. Coverage has been secured continuously since August 17, 2015. Current insurance coverage was secured by the State beginning August 17, 2021, and is effective through August 17, 2022. During this one policy year, the Named Insured spent $850,000.00 in policy premium

3.2 DEFINITIONS

As used herein, the following definitions apply:

1. Contract: The agreement entered into between the Department and the successful Bidder after completion of the Invitation to Bid process.

2. Contractor: The successful Bidder, selected as a result of this Invitation to Bid (ITB), with which the Department executes a Contract to provide the required services.

3. Department: Refers to the Florida Department of Education.

4. DOE: Florida Department of Education

5. Bid: All documents and materials contained in the formal ITB package submitted by a Bidder in response to this solicitation.

6. Bid Response: means the complete response of the Bidder to the ITB, including properly completed forms and supporting documentation.

7. Bidder: Means a potential Contractor acting on their own behalf and on behalf of those individuals, partnerships, firms, or corporations comprising the Bidder’s team who submits a response to this solicitation.

8. VIP: Florida Vendor Information Portal

9. Single Audit Act: _____N/A__________________________

10. Full-time personnel: As defined by individual school boards.

11. Instructional personnel: As defined by subsection 1012.01(2), Florida Statutes. Instructional personnel include those employed by charter schools.

12. Insurance Policy or Policy: The contract for insurance that the Contractor must provide to the Named Insured.

The parties to the Insurance Policy will be the Department, the Named Insured, the Contractor, and the Insurer.

13. Insurer or Underwriter: The insurance company selected by the Contractor to provide insurance coverage.

14. Named Insured: Those entities listed in section 6 (Scope of Services).

15. Part-time Personnel: Individuals listed in section 6 ( Scope of Services)

16. Policy Inception: The beginning date of an Insurance Policy.

17. Premium: The amount of money the Named Insured pays the Insurer for insurance.

18. Administrative Personnel: As defined by subsection 1012.01(3), Florida Statutes

19. Broker: An insurance intermediary in good standing with the State of Florida that holds current and valid Florida resident or nonresident insurance licenses in the appropriate line of business described in this ITB

20. Deliverable: A tangible, specific, quantifiable, and measurable event or item that must be produced to complete a project or part of a project directly related to the scope of services.

3.3 SCHEDULE OF EVENTS (ALL DATES IN BID SUBJECT TO CHANGE)

ACTIVITY DATE

Issuance Of ITB APRIL 22, 2022 Technical Questions [FAX OR E-MAIL (PREFERRED) ACCEPTABLE] NOTE: Administrative questions responded to throughout bid process MAY 6, 2022 @ 2:00 PM ET

Responses To Questions MAY 13, 2022

ITB RESPONSES DUE (FAX NOT ACCEPTABLE)

OPENINGS WILL BE CONDUCTED VIA CONFERENCE CALL. TOLL-FREE: 888-585-9008;

PIN: 818-095-394

JUNE 01, 2022 @ 3:00 PM ET

Anticipated Effective Date JULY 01, 2022

SECTION 4 – SPECIAL INSTRUCTIONS

4.0 NON-RESPONSIVE BIDS, NON-RESPONSIBLE BIDDERS

Bid Responses that fail to provide material information may be rejected as non-responsive. A Bidder who’s Bid Responses, past performance or current status do not reflect the capability, integrity or reliability to perform fully and in good faith the requirements of the Contract may be rejected as non-responsible. The Department reserves the right to waive any minor irregularities or technicalities in any Bid Response received, to reject any or all Bid Responses in whole or in part, with or without cause, to solicit new Bid Responses or to accept the Bid Response which, in its judgment, will be in the best interest of the Department. The Department reserves the right to use any information presented in any response to this ITB.

4.1 POOR PERFORMANCE NOTICE

The bidder should provide for both the bidder and his/her employees, subcontractors and subcontractor employees copies of any and all documents regarding complaints filed, investigations made, warning letters or inspection reports issued, any notice of breach, notice of default, termination notice, suspension notice, or any disciplinary action initiated or taken under any contract or job performance within the past seven (7) years. For each instance listed, provide a narrative summary of the contract’s purpose and scope of work, the bidder’s performance (including the concerns of the project owner) and any major adverse findings. In addition, provide the contract or job number; the name of the owner; the term of the contract; and the name, address and telephone number of the owner’s contract manager.

Please also include any relevant documentation evidencing the performance issues.

The Department reserves the right to seek further information on this matter from the bidder or to make inquiries with the project owner. The information obtained from this review may be used to declare the bidder a non-responsible vendor.

4.2 QUESTIONS

Potential Bidders should examine the ITB to determine if the Department’s requirements are clearly stated. If there are any requirements, which restrict competition, the Bidder may request, in writing, to the State that the specifications be changed. The Bidder who requests changes to the State’s specifications should identify and describe the Bidder’s difficulty in meeting the State’s specifications, should provide detailed justification for a change, and should provide recommended changes to the specifications. Questions concerning conditions and specifications of this ITB, and/or requests for changes to the Bid Response should be received in writing by the Bureau of Contracts, Grants and Procurement Management Services as specified in SECTION 3.3 SCHEDULE OF EVENTS. A Bidder’s failure to request changes by the specified date shall be considered to constitute Bidder’s acceptance of State’s specifications.

The State shall determine what changes to the ITB shall be acceptable to the State.

Questions may be e-mailed, faxed or delivered to the address below:

Bureau of Contracts, Grants and Procurement Management Services Attn: Winston McGriff

325 West Gaines Street, Room 344 Tallahassee, Florida 32399-0400

E-mail (preferred): winston.mcgriff1@fldoe.org

FAX (850) 245-0719

4.3 RESTRICTIONS ON COMMUNICATIONS WITH DEPARTMENT STAFF

Bidders shall not communicate with any Department staff concerning this ITB except for the Department contact person identified in SECTION 4.3 QUESTIONS of this ITB. Only those communications which are in writing from the Bureau of Contracts, Grants, and Procurement Management Services shall be considered as a duly authorized response on behalf of the Department. For violation of this provision, the Department reserves the right to reject a Bidder’s Bid Response.

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

4.4 PROCUREMENT PROTESTS/NOTICE OF RIGHTS

Pursuant to Florida Statutes, Section 120.57(3)(b):

Any person who is adversely affected by the agency decision or intended decision shall file with the agency a notice of protest in writing within 72 hours after the posting of the notice of decision or intended decision. With respect to a protest of the terms, conditions, and specifications contained in a solicitation, including any provisions governing the methods for ranking bids, proposals, or replies, awarding contracts, reserving rights of further negotiation, or modifying or amending any contract, the notice of protest shall be filed in writing within 72 hours after the posting of the solicitation. The formal written protest shall be filed within 10 days after the date the notice of protest is filed.

Failure to file a notice of protest or failure to file a formal written protest shall constitute a waiver of proceedings under this chapter. The formal written protest shall state with particularity the facts and law upon which the protest is based.

Saturdays, Sundays, and state holidays shall be excluded in the computation of the 72-hour time periods provided by this paragraph.

Section 120.57(3)(a) provides:

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."

Florida Administrative Code Rule 28-110.002(2) defines the term “decision or intended decision,” and includes the solicitation terms (and any addenda), the award of the contract, and a rejection of all Bid Responses.

At the time of filing the Formal Written Protest the protestor must also file a Protest Bond payable to the Department in an amount equal to 1 percent of the estimated contract amount. Florida Statutes, Section 287.042(2)(c) and Florida Administrative Code Rule 28-110.005 contain further terms relating to the Protest Bond, including how to determine the estimated contract amount. In lieu of a Protest Bond, the Department will accept cashier’s checks, official bank checks or money orders. The bond shall be conditioned upon the payment of all costs and charges that are adjudged against the protestor in the administrative hearing in which the action is brought and in any subsequent appellate court proceeding.

The Notice of Protest, Formal Written Protest, and Protest Bond shall be addressed to the issuing office as defined in SECTION 6.0 BID SUBMISSION and filed with the agency clerk.

4.5 ADDENDA

No negotiations, decisions, or actions will be initiated or executed by a Bidder as a result of any oral discussions with a Department employee. Only those communications that are in writing from the Bureau of Contracts, Grants and Procurement Management Services will be considered as a duly authorized expression on behalf of the Department.

If the Department determines that it should modify or interpret any portion of the ITB documents prior to the closing time and date, such changes will be included as a written addendum to the ITB. No other methodology will be considered binding or authorized in giving information concerning, or to explain or interpret the ITB document.

Notice of changes (addenda) will be posted on the Florida Vendor Information Portal (VIP) at https://vendor.myfloridamarketplace.com/ (click on Search Advertisements under the Florida Solicitation Advertisement section, then populate the Organization field with the Department of Education. Initiate search by clicking the Search button). Click on this bid number to review posted documents. It is the responsibility of all potential Bidders to monitor this site for any changing information prior to submitting a Bid Response.

NOTE: SIGNED ACKNOWLEDGEMENT OF ANY ADDENDA SHOULD ACCOMPANY ITB RESPONSE. FAILURE

TO SUBMIT THE ACKNOWLEDGE FORM MAY RESULT IN DISQUALIFICATION OF THE BIDDER

4.6 MINOR EXCEPTIONS

The Department may waive minor deviations or exceptions in Bid Responses providing such action is in the best interest of the State of Florida. Minor deviations/exceptions are defined as those that have no adverse effect upon the State's interest and would not affect the amount of the Bid by giving a contractor an advantage or benefit not enjoyed by other contractors.

4.7 COPYRIGHTED MATERIAL

Copyrighted material will be accepted as part of a Bid Response only if accompanied by a waiver that will allow the Department to make paper and electronic copies necessary for use by Department staff and agents. It is noted that http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=Ch0120/Sec57.HTM https://vendor.myfloridamarketplace.com/ copyrighted material is not exempt from the Public Records Law, Chapter 119, Florida Statutes. Therefore, such material will be subject to viewing by the public, but copies of the material will not be provided to the public. All development and use of copyright material in fulfilling the terms of the Bid shall be governed by the terms of the contract between the Contractor and the Department.

4.8 CONFIDENTIAL MATERIAL

The Department takes its public records responsibilities as provided under chapter 119, Florida Statutes and Article I, Section 24 of the Florida Constitution, very seriously. If respondent considers any portion of the documents, data or records submitted in response to this solicitation to be confidential, trade secret or otherwise not subject to disclosure pursuant to chapter 119, Florida Statutes, the Florida Constitution or other authority, respondent should clearly mark and identify in its response those portions which are confidential, trade secret or otherwise exempt.

Respondent should also simultaneously provide the Department with a separate redacted copy of its response. This redacted copy should contain the Department’s solicitation name, number, and the name of the respondent on the cover, and should be clearly titled “Redacted Copy.” The Redacted Copy should be provided to the Department at the same time respondent submits its response to the solicitation and must only exclude or obliterate those exact portions which are claimed confidential, proprietary, or trade secret.

Bidder shall be responsible for defending its determination that the redacted portions of its response are confidential, trade secret or otherwise not subject to disclosure. Further, Bidder shall protect, defend, and indemnify the Department for any and all claims arising from or relating to respondents determination that the redacted portions of its response are confidential, proprietary, trade secret or otherwise not subject to disclosure.

If Bidder fails to submit a Redacted Copy with its response, the Department is authorized to produce the entire documents, data or records submitted by respondent in answer to a public records request for these records.

Notwithstanding the foregoing, the Department reserves the right to disclose any materials as public records unless it determines, in its discretion, that an exemption to disclosure applies to the record.

4.9 PREPARATION COST

ITB responses shall contain all information solicited, plus any additional data, prints, or literature that the Bidder deems pertinent to the Department’s understanding and evaluation of their response. This ITB does not commit the Department or any other public agency to pay any costs incurred by the Bidder in the submission of a Bid Response or to make necessary studies or designs for the preparation thereof, nor to procure or contract for any articles or services.

4.10 WITHDRAWAL

Bidders may modify submitted Bid Responses at any time prior to the Bid due date. Requests for modification of a submitted Bid Response should be in writing and should be signed by an authorized representative of the Bidder.

Upon receipt and acceptance of such a request, the entire Bid Response will be returned to the Bidder and not considered unless resubmitted by the due date and time. Bidders may also send a change in a sealed envelope to be opened at the same time as the Bid Response. The ITB number, opening date and time should appear on the envelope of the modified Bid Response.

4.11 PUBLIC OPENING OF BID RESPONSES

Each Bid Response should be dated and time-stamped by the Department has received. Any Bid Response received after the specified deadline for Bid acceptance, may be rejected and returned unopened to the Bidder. Bid Responses will be opened at the designated date and time at the Department’s Bureau of Contracts, Grants and Procurement Management Services, 344 Turlington Building, 325 West Gaines Street, Tallahassee, FL.

4.12 CORRECTION OF BID RESPONSE ERRORS

Information that is required to be included in the Bid Response is expected to be present and to be accurate.

Corrections of erroneous information or typographical errors may not be permitted after the Department has received the Bid Responses. The Contractor is solely responsible for proofreading their Bid Response and verifying its accuracy.

4.13 VISITOR PASS TO THE TURLINGTON BUILDING

Each visitor to the Turlington Building is required to sign in and obtain a Visitor's Pass at the security desk in the main lobby. Please allow at least 15 minutes prior to Bid Response due time if hand-delivering your Bid Response to the Bureau of Contracts, Grants and Procurement Management Services.

4.14 ACCESSIBILITY FOR DISABLED PERSONS

Any person requiring a special accommodation because of a disability should call Department’s Bureau of Contracts, Grants and Procurement Management Services at (850) 245-0735 at least five (5) workdays prior to the Bid opening.

If you are hearing or speech impaired, please contact the Department by using the Florida Relay Service, which can be reached at 1 (800) 955-8771 (TDD).

4.15 RESPONSE DURATION

All submitted responses are binding for <provide number of days> following the response opening date.

4.16 PRICING

All Bid prices to include the furnishing of all parts, labor, transportation and incidental services or materials required.

There shall be no additional costs charged for work performed under this Bid. All Bid prices should be submitted on the forms provided.

4.17 AWARD

As in the best interest of the State the right is reserved to award based on all or none, group of items, item by item or any combination thereof, to a responsive, responsible Bidder. As in the best interest of the State of Florida, the right is reserved to reject any and/or all Bid Responses or to waive any minor irregularity in Bid Responses received.

Conditions which may cause rejection of Bid Response include, without limitation, evidence of collusion among Bidders, obvious lack of experience or expertise to perform the required work, failure to perform, or meet financial obligations on previous contracts.

Bid tabulations will be posted and available for public viewing in the reception room of the Bureau of Contracts, Grants and Procurement Management Services and posted on the VIP. A printed copy of the Bid tabulation will be available upon written request to the Bureau of Contracts, Grants and Procurement Management Services. Telephone requests will not be accepted. Each written request should contain a self-addressed, stamped envelope and reference the Bid title and number. Bid tabulations will be posted and available for public viewing in the reception room of the Bureau of Contracts, Grants and Procurement Management Services.

4.18 AUTHORIZATION TO DO BUSINESS IN THE STATE OF FLORIDA

Foreign corporations and foreign limited partnerships should be authorized to do business in the State of Florida.

Domestic corporations should be active and in good standing in the State of Florida. Such authorization and status should be obtained by the Bid due date and time, but in any case, must be obtained prior to contract execution. For authorization, contact:

Florida Department of State Tallahassee, Florida 32399

(850) 245-6053

4.19 LICENSED TO CONDUCT SERVICES IN THE STATE OF FLORIDA

If the service(s) being provided requires that individuals be licensed by the Florida Department of Business and Professional Regulation or any other state or federal agency, such licenses should be obtained by the Bid due date and time, but in any case, must be obtained prior to contract execution. For State licensing, contact:

Florida Department of Business and Professional Regulation Tallahassee, Florida 32399-0797 (850)487-9501

4.20 NOTICE TO CONTRACTOR

The Department shall consider the employment by any Contractor of unauthorized aliens a violation of Section 274A(e) of the Immigration and Nationalization Act. If the Contractor knowingly employs unauthorized aliens, such violation shall be cause for unilateral cancellation of this contract.

4.21 QUALIFICATIONS

The Department will determine whether the Bidder is qualified to perform the services being contracted based upon their Bid Response demonstrating satisfactory experience and capability in the work area. The Bidder should identify necessary experienced personnel and/or facilities to support the activities associated with this Bid.

Those individuals who will be directly involved in the project should have demonstrated experience in the areas delineated in the scope of work. Individuals whose qualifications are presented will be committed to the project for its duration unless otherwise excepted by the Department. In the event it becomes necessary for the Contractor to substitute key personnel, such substitution will take place in consultation with the Department and will be made upon the Department’s prior approval, which will not be unreasonably withheld.

4.22 SUBMISSION OF BID RESPONSES BY SUBSIDIARIES OR AFFILIATES

A Bidder, its subsidiaries, affiliates, or related entities is limited to one Bid Response. Submission of more than one Bid Response per activity by a Bidder may cause the rejection of all bids submitted by the Bidder. In the alternative, the Department may decide in its sole discretion, which bid to evaluate and consider. A subsidiary or affiliate of a prime Bidder may also be included as a subcontractor in another Bidder’s Bid Response.

4.23 IDENTICAL EVALUATION OF BID RESPONSES

Whenever two or more Bid Responses which are equal with respect to price, quality, and service are received, the Department will determine the order of award using the criteria established in 60A-1.011, Florida Administrative Code. The "Drug-Free Workplace Program Certification" can be found as Attachment ‘3’.

4.24 INDEPENDENT PRICE DETERMINATION

A Bidder shall not collude, consult, communicate, or agree with any other Bidder regarding this procurement as to any matter relating to the Bidder’s Response.

4.25 METHOD OF PAYMENT

The Department will pay for these services/products in accordance with the terms and conditions of the purchase order or contract.

4.26 EXTENSION

In the event that circumstances arise which make performance by the Contractor impracticable or impossible within the time allowed or which prevent a new contract from being executed, the Department, in its discretion, may grant an extension of the contract. Extension of the contract resulting from this Bid Response shall be in writing for a period not to exceed six (6) months and shall be subject to the same terms and conditions set forth in the contract; the Department may, in its discretion, grant a proportional increase in the total dollar amount based on the method and rate established in the contract. There shall be only one extension of the contract unless the failure to meet the criteria set forth in this ITB or resulting contract is due to events beyond the control of the Contractor It shall be the responsibility of the Contractor to ensure at all times that sufficient time remains in the Project Schedule within which to complete services on the project. In the event there have been delays which would affect the project completion date, the Contractor shall submit a written request to the Department which identifies the reason(s) for the delay and the amount of time related to each reason. The Department will review the request and make a determination as to granting all or part of the requested extension

4.27 INSPECTION AUDIT AND MAINTENANCE OF REPORTS

Representative of the Department, the Comptroller of the State of Florida, or the Auditor General of the State of Florida, or their duly authorized representatives, shall have access, for purposes of examinations and recovery, to any books, documents, papers, and records of the Contractor as they may relate to this contract. The Contractor shall maintain books, records and documents in accordance with acceptable accounting principles and practices that sufficiently and properly reflect charges made. The Department may unilaterally cancel any resultant contract for refusal by the Contractor to allow public access to all documents, papers, letters, or other material originated or received by the Contractor in conjunction with this contract subject to the provisions of Florida Statutes, Chapter 119.

4.28 DIVERSITY IN CONTRACTING

The State of Florida is committed to supporting its diverse business industry and population through ensuring participation by minority-, women-, and service-disabled veteran business enterprises in the economic life of the state.

The State of Florida Mentor Protégé Program connects minority-, women-, and service-disabled veteran business enterprises with private corporations for business development mentoring. We strongly encourage firms doing business with the State of Florida to consider this initiative. For more information on the Mentor Protégé Program, please contact the Office of Supplier Diversity at (850) 487-0915.

The state is dedicated to fostering the continued development and economic growth of small, minority-, women-, and service-disabled veteran business enterprises. Participation by a diverse group of Vendors doing business with the state is central to this effort. To this end, it is vital that small, minority-, women-, and service-disabled veteran business enterprises participate in the state’s procurement process as both Contractors and sub- contractors in this solicitation.

Small, minority-, women-, and service-disabled veteran business enterprises are strongly encouraged to contribute to this solicitation.

Information on Certified Minority Business Enterprises (CMBE) and Certified Service-Disabled Veteran Business Enterprises (CSDVBE) is available from the Office of Supplier Diversity at:

http://dms.myflorida.com/other_programs/office_of_supplier_diversity_osd/.

4.29 SUB-CONTRACTING

The Contract or any portion thereof shall not be sub-contracted, except as permitted herein, or with the prior written approval of the Department. No sub-contract shall, under any circumstances, relieve the Contractor of its liability and obligation under this contract; and despite any such sub-contracting, the Department shall deal through the Contractor, which shall retain the legal responsibility for performing the Contractor obligations.

In the event any sub-contractors are approved by the Department, the Contractor should provide a list of subcontractors to the Department’s contract manager upon execution of the Contract. The Contractor should report all subcontractors, including, but not limited to, certified minority, women and service-disabled veteran subcontracting activities using the attached Utilization Summary form, attached as Attachment 4. The Contractor should provide a list of subcontractors to the Department’s contract manager upon execution of the Contract. The Contractor should provide the Utilization Summary form with each invoice submitted for payment, regardless if funds have not been spent with a certified minority, women or service-disabled veteran subcontractor for the period covered by the invoice.

Contact the Florida Department of Management Services (DMS), Office of Supplier Diversity, for assistance http://dms.myflorida.com/other_programs/office_of_supplier_diversity_osd/ identifying qualified minority, women, and service-disabled veteran companies. The Office of Supplier Diversity can be reached at (850) 487-0915; the Internet Web address is http://dms.myflorida.com/other_programs/office_of_supplier_diversity_osd/ .

4.30 CONTRACTUAL OBLIGATIONS

The Department’s Contract Standard Terms and Conditions are incorporated in this ITB as Attachment ‘6’ and will govern the relationship between the Contract Vendor and the Department. Bid Response(s) submitted by the successful Bidder(s) shall be incorporated into the final purchase order(s) or contract(s).

4.31 CONTRACT COMPLETION

The Contractor will be required to ensure that each individual, partnership, firm, corporation or subcontractor that performs on the contract, is subject to, and comply with, the contractual requirements. When contract negotiations are successfully concluded, a written contract will be prepared which will incorporate the following documents:

This ITB Addenda to this ITB And the Bidder’s Response

The Contractor shall begin performing services only upon execution of a valid contract between the parties.

4.32 DISPOSITION OF BID RESPONSES

All Bid Responses become the property of the State of Florida and will be a matter of public record subject to the provisions of Chapter 119, Florida Statues.

SECTION 5– SPECIAL TERMS AND CONDITIONS

5.0 PRE-BID CONFERENCE: A PRE-BID CONFERENCE WILL NOT BE HELD.

5.1 SITE INSPECTION: A SITE INSPECTION WILL NOT BE HELD.

5.2 PERFORMANCE BOND

A Performance Bond is not required for this project.

5.3 INSURANCE, GENERAL LIABILITY

The Contractor shall take out and maintain during the life of this agreement Comprehensive General Liability as shall protect him from claims for damage for personal injury, including accidental death, as well as claims for property damages which may arise from operating under this agreement whether such operations are by himself or by anyone directly or indirectly employed by him, and the amount of such insurance shall be the minimum limit as follows:

Contractor’s Comprehensive General Liability Coverage, Bodily Injury & Property Damage - $1,000,000.00 Each

Occurrence, Combined Single Limit

The certificate(s) of insurance must comply with the following standards:

No exclusions or restrictions in coverage will be accepted.

The insurance coverage must be with an insurance company with a Best’s rating of “A” or better.

The certificate must include a thirty- (30) day notice of cancellation.

The Department must be listed as an “additional insured” on coverage.

http://dms.myflorida.com/other_programs/office_of_supplier_diversity_osd/

5.4 INDEMNIFICATION

Contractor agrees to indemnify, hold harmless and defend, at is own expense, including reasonable attorney’s fees, the Department and it’s employees against any all claims or suits for property loss or damage and/or personal injury including death, to any and all person, of whosoever kind and character, whether real or asserted, arising out of and in connection with Contractor’s negligence, intentional acts, or omissions related to its performance under the Contract.

5.5 EMPLOYEE REQUIREMENTS

Contractor agrees that only authorized employees are allowed on the premises of the Department buildings. Contractor employees are not to be accompanied in their work area by acquaintances; family members, assistants or any person unless said person is an authorized employee of the Contractor. All employees shall wear picture identification badges on clothing bearing the company emblem or name at all times.

5.6 PARTICIPATION IN FUTURE STAGES OF THIS PROJECT

As stated in Chapter 287.057 F.S.

(17)(c) A person who receives a contract that has not been procured pursuant to subsections (1) through (3) to perform a feasibility study of the potential implementation of a subsequent contract, who participates in the drafting of a solicitation or who develops a program for future implementation, is not eligible to contract with the agency for any other contracts dealing with that specific subject matter, and any firm in which such person has any interest is not eligible to receive such contract. However, this prohibition does not prevent a vendor who responds to a request for information from being eligible to contract with an agency.

5.7 INFORMATION TECHNOLOGY REQUIREMENTS

Bidders submitting Bids to this solicitation should provide electronic and information technology resources in complete compliance with the accessibility standards required by Section 282.601-282.606, F.S., and Rule 60-8.002, F.A.C. These standards establish a minimum level of accessibility.

Contractors, providers, and partners employed by the Department or acting on behalf of the Department shall comply with Florida Administrative Code (F.A.C.) 74-2.001 – 2.006, and fully comply with all information technology security policies.

Contractors, providers, and partners employed by the Department or acting on behalf of the Department shall also fully comply with 60GG-2 Information Technology Standards.

5.8 SCRUTINIZED COMPANIES LISTS

Section 287.135, Florida Statutes, requires that at the time a company submits a bid or proposal for a contract for goods or services of $1 million or more, the company must certify that the company is not on either the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List. Both lists are created pursuant to section 215.473, Florida Statutes.

Bids of $1 million or more should include the attached Scrutinized Companies Lists Form (Attachment ‘5’) to certify the Respondent is not on either of those lists. The Form should be submitted with the Technical Reply.

5.9 SCRUTINIZED COMPANIES – TERMINATION

The Department may, at its option, terminate the Contract if the Contractor is found to have submitted a false certification as provided under section 287.135(5), F.S., or been placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or been engaged in business operations in Cuba or Syria, or to have been placed on the Scrutinized Companies that Boycott Israel List or is engaged in a boycott of Israel.

SECTION 6 – SCOPE OF SERVICES

6.0 SCOPE OF SERVICES

The purpose of the solicitation is to establish an educator’s professional liability insurance policy for full-time instructional personnel, which protects these individuals from liability for monetary damages and the costs of defending actions resulting from claims made against the full-time instructional personnel arising out of occurrences in the course of activities within the full-time instructional personnel’s professional capacity, including such activities related to the instructional personnel’s participation in the Coach Aaron Feis Guardian Program, as provided in section 1006.12(3), Florida Statutes.

The vendor should have the capability and capacity to provide coverage to optional personnel categories, should these individuals request this coverage. All costs for individuals in the optional personnel categories for this coverage must be paid by the individual. This solicitation requests a fixed price for the following individuals who choose to participate in the program at their own expense: part-time instructional personnel, administrative personnel, and students enrolled in a state-approved teacher preparation program pursuant to s. 1012.39(3)

6.1 NAMED INSUREDS

The Named Insureds shall be as follows:

The Department of Education and The Districts’ School Boards as employer of full-time educators c/ Florida Department of Education, 325 West Gaines Street, 344 Turlington Building, Tallahassee, FL 32399-0400.

6.2 COVERED PERSONNEL

Any person who is a full-time public instructional employee as defined by individual district school boards and Section 1012.01(2), Florida Statutes, employed by a district school board in the State of Florida, while acting within the course and scope of his/her professional capacity, including such activities related to the Coach Aaron Feis Guardian Program, is covered by this insurance. Instructional personnel include those employed by a charter school.

Additionally, part time instructional, administrative, and students enrolled in a state approved teacher preparation program, at their option, may participate in the program, at their cost.

6.3 LOCATIONS

Covered personnel are at various locations throughout the State of Florida.

6.4 COVERED CAUSES OF LOSS

Any wrongful act by Covered Personnel in the State of Florida while acting within the course and scope of his/her professional capacity is covered, including those instructional personnel participating in the Coach Aaron Feis Guardian Program. Coverage will extend to allegations of discrimination, corporal punishment, civil rights and sexual molestation.

6.5 EXCLUSIONS

The policy exclusions shall include those perils that are normally excluded under a standard professional liability policy. Covered claims shall be provided a legal defense by the Insurer, but the Insurer shall have no obligation to provide a defense, or to pay a judgment or settlement on behalf of a Named Insured, or Covered Personnel, after full investigation by the Insurer, if such person is determined to have acted with criminal intent, or with malicious purpose, or with intent to cause the harm alleged, or in a manner exhibiting wanton and willful disregard of human rights, safety, or property. However, if the Insurer’s investigation and determination is ultimately proven to be wrong, the Insurer will be required to provide full reimbursement to the Covered Personnel for all costs and other amounts paid in his or her defense.

6.6 COVERAGE AND LIMITS OF LIABILITY

Coverage shall be provided for the employees indicated below. The quantities for Full-Time Instructional Employees (and optional coverage) is based on historical estimates. These numbers may fluctuate depending on the actual number of employed personnel.

Full Time Instructional Employees (School Year 2021-2022 204,449

The following individuals may choose to purchase coverage at their own cost. All transactions related to these personnel will be managed by the company and the individuals who have chosen to purchase this insurance.

Part-time Instructional Personnel (school year 2021-22) 34,397 Administrative Personnel (school year 2021-22) 14,183 Part-time Administrative Personnel (school year 2021-22) 178

Students enrolled in a state-approved teacher preparation program (academic year 2020-21)

10,433

Defense shall be included within the policy limit for any allegation or action of a wrongful act brought against the Insured.

Coverage Option Limits

Coverage A – Excess Liability $2,000,000 Per Insured/Per Wrongful Act $3,000,000 Aggregate Per Wrongful Act

Coverage B – Liability $2,000,000 Per Insured/Per Wrongful Act $3,000,000 Aggregate Per Wrongful Act

Coverage C – Bail Bonds $2,000 per Bail Bond per Insured Coverage D – Excess Assault Related Personal Property Damage $500 per claim per Insured

6.7 DEDUCTIBLES

The following deductible (paid by the State) shall apply to the coverage for full-time personnel only:

(a) Insurer agrees to a $50,000 deductible per claim;

(b) Insurer agrees to a $400,000 aggregate annual deductible.

All deductibles will be paid by the Department of Education. The Department of Education will reimburse the Insurer the first $50,000 of each claim until the $400,000 annual aggregate deductible is met, with the Insurer paying all subsequent claims up to the policy limit.

These deductibles do not apply to coverage for the optional personnel categories.

6.8 OTHER INSURANCE

If primary insurance, self-insurance, or any other form of insurance is available to covered personnel covering professional liability for damages arising from an actual or alleged wrongful act in matters associated with the professional services of instructional and administrative personnel, this insurance will only pay excess over those amounts that should have been provided from the other insurance available, whether the covered personnel can collect on the other insurance or not.

6.9 BROKER RESPONSIBILITIES

6.9.1 Basic Responsibilities of the Broker

The Broker shall market and secure an insurance policy on behalf of the State of Florida and the Named Insured identified in Section 6.1.

6.9.2 Invoicing and Insurance Premium Payment

Premiums will be invoiced annually at Policy Inception. The Department will report changes semi-annually which will indicate 100% of the total covered personnel insured. If reported changes increase the number of covered personnel, the Insurer may invoice the Department for any additional premium due at that time or at the end of the policy period. The Department’s obligation to pay any additional premium is subject to appropriation by the legislature and the availability of funds.

A Vendor Ombudsman is available to assist contractors in receiving timely payment from Customers and may be contacted by calling the Department of Financial Services Hotline at 1-800-342-2762.

Collection of premium payments by the individual members of the optional categories of personnel are the responsibility of insurance carrier and will not be included in the premiums paid by the Department.

6.10 CLAIMS SETTLEMENT AND LOSS REPORTING

Claims may be submitted by the Named Insured to the Contractor as outlined in the Insurance Policy that results from this ITB. The Department shall be notified in writing by the Contractor or Underwriter of all claims submitted during the policy period by any Named Insured.