ITB Instructions Document.pdf

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

State of Florida

Office of Insurance Regulation

Invitation to Bid (ITB)

Number: 2223-04 ITB OIR Examination Services

Procurement Officer:

Edward Nabong

Government Operations Consultant Department of Financial Services

Office of Purchasing and Contractual Services 200 E. Gaines Street, Larson Building

Tallahassee, FL 32399-0347 Email: DFSpurchasing@myfloridacfo.com

ITB # 2223-04 ITB OIR

Rev. 03/14/2022

Table of Contents

SECTION 1. Introduction

SECTION 2. ITB Process

SECTION 3. Response Instructions

SECTION 4. Selection Methodology

SECTION 5. Award

Attachments

Letter

Name

Attachment Sub-components, If Any

To Be Completed and Returned

Attached for

Reference Only

A Standard Contract Contract Signature Page

Attachment 1, Standard Terms and Conditions

Attachment 2, Scope of Services Agreement

Addendum A, Public Records Requirements

Addendum B, Data Security Requirements

Attachment 4, PUR

B Consultant Profile Questionnaire1

C Price Response (Also referred to as Attachment 3 as part of the standard Contract)

D Rule 69O-138.005, F.A.C.

1 For the Respondents that have previously submitted a Consultant Profile Questionnaire to the Office, please note that the Consultant Profile Questionnaire utilized in this ITB does not include the Price Response. The Price Response is now Attachment C and must be submitted separately.

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SECTION 1. INTRODUCTION

1.1 Purpose

The Office of Insurance Regulation (Office), an agency of the state of Florida (State), is issuing this Invitation to Bid (ITB) to establish a contract for the examination of insurers authorized to do business in the State. The solicitation will be administered through the Next Generation Vendor Information Portal (VIP). The submitted Response must comply with the terms and conditions stated in this ITB.

The Office intends to enter into multiple Contracts using Attachment A, Standard Contract, which is hereby incorporated by reference. The Office intends to award each Contract as provided in Section 5, Award, of this solicitation document.

1.2 Background

The Office has the statutory duty to examine the affairs, transactions, accounts, records, and assets of each authorized insurer and health maintenance organization. The Office’s ability to satisfy this requirement will be enhanced by contracting with multiple qualified examiners capable of performing examinations on behalf of the Office. Section 624.316(2)(e), F.S., allows the Office to conduct insurer examinations by contracting for the services of an independent Certified Public Accountant, an actuary, a reinsurance specialist, an investment specialist, information technology specialist, or any combination of these individuals, as the circumstances of the examination require.

The financial examination standards with which the Office must comply are established by statute and adopted by Rule 69O-138, Florida Administrative Code (F.A.C.). The statutes and rules meet the requirements of the National Association of Insurance Commissioners for accreditation in financial regulation.

For more information regarding the Office’s financial examinations, see sections 624.316, 624.3161 and 641.27, F.S., and Rule 69O-138.005, Florida Administrative Code (F.A.C.) which is attached for reference.

1.3 Term

The initial term of the Contract will be one (1) year beginning on the date of execution. The Contract may be renewed, in whole or in part, for up to three (3) years in accordance with section 287.057(14), F.S. Renewal(s) will be made at the renewal pricing specified in the Contract.

1.4 Definitions

The following definitions apply to this ITB document:

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

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 legal authority.

Contract – The agreement that results from this competitive solicitation, if any, between the Office and the Respondent identified as providing the Response that is determined to be the most advantageous to the State.

Contractor – The Respondent that is awarded a Contract pursuant to this solicitation.

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

Response – A formal response to this solicitation.

State - The state of Florida.

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The Next Generation Vendor Information Portal (VIP) - The State’s internet-based vendor information system at https://vendor.myfloridamarketplace.com/.

If more than one contract is awarded, then the use of the terms “Contract,” “Contractor,” “Response,” and “Respondent,” includes the plural when applicable.

1.5 Procurement Officer

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

The Procurement Officer is:

Edward Nabong Government Operations Consultant Office of Purchasing and Contractual Services 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 his 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 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 in contact on behalf of a Respondent unless shown otherwise.

1.6 Special Accommodations

Any person requiring a special accommodation due to a disability should contact the Procurement Officer. Requests for accommodations 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).

1.7 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.

1.8 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 https://vendor.myfloridamarketplace.com/ mailto:DFSpurchasing@myfloridacfo.com

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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 OSDhelp@dms.fl.gov

The Office 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.

1.9 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.”

1.10 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.”

1.11 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 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. ITB PROCESS

2.1 Overview of the ITB

The ITB is a method of competitively soliciting a commodity or contractual service under chapter 287, F.S. Under this ITB, there will not be a pre-Response conference. Vendors may submit questions regarding this ITB to the Office during the Question-and-Answer Period.

Respondents must submit Responses by the deadline listed in Section 2.2, Timeline. The Office will open Responses at a public opening. After the public opening, the Procurement Officer will review mailto:OSDhelp@dms.fl.gov

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Responses in accordance with Section 4.1, Review of Mandatory Responsiveness Requirements.

Responses that the Procurement Officer determines are responsive to the ITB will be evaluated for award. After the evaluation is completed, the recommendation of award and award are finalized, and the Office’s award is posted on the VIP.

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 ITB document, the other section of the ITB document will control.

2.2 Timeline

The following timeline 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 VIP. It is the Respondent’s responsibility to check the VIP on a regular basis for such updates.

2.3 Pre-Response Conference

The Office 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 ITB 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, Event Event Time Eastern Time

(ET)

Event Date

ITB posted on the VIP. NA 9/6/2022

Deadline to submit questions to Procurement Officer. 5:00 p.m. 9/9/2022

Anticipated date to post answers to Respondents’ questions on VIP. 3:00 p.m. 9/12/2022

Deadline to submit Responses and all required documents to the Department via email at DFSPurchasing@myfloridacfo.com. 3:00 p.m. 9/19/2022

Public Response opening.

Edward Nabong 200 E. Gaines Street, Larson Building-Room 116 Tallahassee, FL, 32399

NOTE: The public opening will also be conducted via conference call. To attend the public opening call 888-585-9008 and when prompted use Conference No.: 819-252-704. Attendance at this public opening is not required.

3:15 p.m. 9/19/2022

Anticipated date to post Notice of Intent to Award on the VIP. N/A 9/20/2022

Anticipated Contract start date. N/A 9/26/2022 mailto:DFSPurchasing@myfloridacfo.com

Rev. 03/14/2022 vendors are encouraged to submit questions regarding the Office’s acceptance of specified alternative terms.

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

CONTAINING QUESTIONS.***

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

Question # Vendor Name ITB Section ITB Page # Question

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

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

2.5 Public Opening of Responses

The Office will open the Responses in a public opening at the date, time, and location noted in Section 2.2, Timeline. Please note, the public opening will also be conducted via conference call as stated in Section 2.2, Timeline.

2.6 Addenda to the ITB

The Office reserves the right to make changes to this ITB by posting addenda on the VIP. It is the Respondent’s responsibility to check for any posted addenda on the VIP.

2.7 Contract Formation

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

The Respondent shall bring any perceived inconsistencies among any of the provisions of the ITB and its attachments to the attention of the Office prior to the submission of its Response. At any time during the solicitation, the Office 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 (PUR 1001) and Special Instructions to Respondents.

The PUR 1001 can be accessed at http://dms.myflorida.com/business_operations/state_purchasing/documents_forms_references_resour ces/purchasing_forms.

The Special Instructions are in the remainder of Section 3 of this ITB 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.

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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Sections 7, 8, and 13 of the PUR 1001 are inapplicable. 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 ITB document.

Section 5. Questions.

Questions shall be submitted in accordance with Section 2.4, Question and Answer Period, of the ITB 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.

• 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 Office.

• 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 Office 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.

• All information provided by, and representations made by, the Respondent may be considered material and may be relied upon by the Office in awarding the Contract. Any misstatement may be treated as fraudulent concealment from the Office 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 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.

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• 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 Office 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 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 fully completed, Attachment B, Consultant Profile Questionnaire.

2. The Response must include an Attachment C, Price Response.

The Office 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 Office reserves the right to re-evaluate its responsiveness determination at any time during the solicitation.

3.3 Contents of the response

The Office requests that Responses be organized in sections as provided below.

3.3.1 Volume 1: Response Qualification Documents

The Office 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); and

3. The name, title, mailing address, telephone number, and e-mail address of the

Respondent’s contact person for purposes of the ITB and, if available, an alternate contact person.

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B. Responses or 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 this ITB. 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 ITB, submit a written explanation of why the Respondent cannot do so. The Respondent’s explanations may result in the Office finding the Respondent not to 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 ITB document, will be accepted.

3.3.2 Volume 2: Mandatory Requirements

The Respondent shall:

A. Price Response Submit a completed Attachment C, Price Response.

B. Consultant Profile Questionnaire Submit a completed Attachment B, Consultant Profile Questionnaire. The Mandatory Criteria Form is included in the Consultant Profile Questionnaire. On the Mandatory Criteria Form, Respondents must provide 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.

3.4 How to Submit a Response

The Office will only accept Responses to this ITB in digital format via email, unless an alternative delivery option has been established, as indicated below. The Respondent should submit:

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

• One (1) REDACTED digital copy of the Response, if applicable (see Section 3.6, Confidential Response Materials and Redacted Submissions). The Respondent must ensure that all metadata has been removed from the files in the redacted copy.

Responses must be emailed to DFSPurchasing@myfloridacfo.com by the deadline listed in the Timeline in Section 2.2, Timeline. The Respondent must clearly title the Response with the ITB number and Respondent’s name. If a Respondent is unable to submit its Response via email due to size limitations, the Respondent must contact the Procurement Officer who will provide alternative submission options.

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 ITB will become the exclusive property of the Office and will not be returned to the Respondent. Responses received by the Office 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 Office 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 mailto:DFSPurchasing@myfloridacfo.com

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119, F.S., or other legal authority (Public Records Law), then the Respondent must simultaneously provide the Office 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 Office is authorized to produce the entire unredacted Response submitted to the Office 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, Office’s ITB 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 Office 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 Office will follow the procedures identified in the Standard Contract’s Addendum A, Public Records Requirements, if the Office receives a further request for Confidential Information or exempt material that has been clearly identified as such in writing by the Respondent.

3.6.2 Respondent’s Obligations to Defend its Claims

The Office 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 Office 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 Office may use the counsel of its choosing to defend any such claims, and the Respondent shall promptly pay the Office’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 Office 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 Office reserves the right to accept, reject, or waive any minor irregularity (including deviations, technicalities, or omissions) if the Office determines that doing so will serve the best interest of the State. At its option, the Office may allow a Respondent to correct any minor irregularity, but the Office

Rev. 03/14/2022 is under no obligation to do so. The Office may request that a Respondent provide clarifications to correct any minor irregularity.

3.9 Additional Information

At any time during the solicitation process, the Office 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 Office 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 ITB. The Office 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 Office engaging consultants, subject matter experts, and others to ensure that the Office has a complete understanding of the information provided pursuant to the solicitation.

-Remainder of Page Intentionally Left Blank-

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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 Review of Price Response

Pursuant to this ITB, the Procurement Officer will evaluate the Price Response from responsible and responsive Respondents.

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SECTION 5. AWARD

5.1 Basis of Award

A Contract may be awarded to the responsible and responsive Respondents that meet the criteria as described in Section 4, Selection Methodology. The Office intends to award multiple Respondents but reserves the right to award to one Respondent or to make no award, as determined to be in the best interest of the State.

The Office reserves the right to determine which Responses are responsive and responsible at any time during the solicitation. Respondents whose Responses, past performance, or current status do not reflect the capability, integrity, or reliability to fully and in good faith perform the requirements of the Contract may be rejected as not being responsible vendors as defined in section 287.012, F.S. The Office may request additional information pertaining to the Respondent’s ability and qualifications to accomplish all services described in this ITB as deemed necessary during the ITB or after Contract award.

The Office reserves the right to accept or reject any or all Responses, or separable portions of Responses. The award of a Contact does not guarantee a Respondent any business with the Office.

5.2 Award Preferences for Identical Evaluations of Responses

In the event that the ITB results in identical evaluations of Responses, the Office will review the Identical Tie Response Form contained in Attachment B, Consultant Profile Questionnaire. Based on those forms, the Office will give the award to a Respondent if it is a minority-owned (which includes women-owned) or veteran-owned business. If more than one Respondent is entitled to this preference, the preference will be given to the Respondent that is the qualifying business of the smallest net worth, consistent with section 295.187(4)(b), F.S. If the award cannot be decided based on this preference, the Office will apply the criteria identified in subsections (1), (3), (4) of Rule 60A-1.011, F.A.C., in that order of precedence.

5.3 Bid Tabulation

The Office will develop a bid tabulation sheet that will show a comparison between the responsible and responsive Respondents’ price points.

5.4 The Insurance Commissioner’s Approval

The Insurance Commissioner, or designee, will make the final decision for award after receiving the bid tabulation.

5.5 Agency Decision

The Office will post a Notice of Intent to Award, stating its intent to enter into one (1) or more Contracts with the Respondent(s) identified therein on the VIP. If the Office decides to reject all Responses at any time during the solicitation, the Office will post a notice to that effect on the VIP.

5.6 MyFloridaMarketplace (MFMP) Registration

The awarded Respondent must have a current vendor registration in MFMP, at https://vendor.myfloridamarketplace.com/, prior to Contract execution.

The awarded Respondent will be required to pay the required transaction fees as specified in PUR 1000, section 14, unless an exemption has been requested and approved prior to the award of the Contract pursuant to Rule 60A-1.031, F.A.C.

5.7 Execution of Contract

Unless otherwise agreed by the Office, the awarded Respondent must sign the Contract within seven

(7) calendar days of receipt of the Contract for execution, unless there is an automatic stay triggered by https://vendor.myfloridamarketplace.com/

Rev. 03/14/2022 the filing of a formal protest. If a formal protest is timely filed, the time to sign the Contract will be tolled. The Office reserves the right to withdraw its Notice of Intent to Award if the Contract is not timely signed, if it determines that it is in the best interest of the State to do so. The Office also reserves the right to award to the Respondent ranked second if the Office does not receive a timely signed Contract from the awarded Respondent.

The Contract will be posted on the Florida Accountability Contract Tracking System (FACTS) at https://facts.fldfs.com/, in accordance with section 215.985, F.S., the Transparency Florida Act.

https://facts.fldfs.com/