ITN DMS-2425-199 - SUSORP and SMSOAP.pdf

4050 Esplanade Way Tallahassee, FL 32399-0950

Ron DeSantis, Governor Pedro Allende, Secretary

INVITATION TO NEGOTIATE

FOR

STATE UNIVERSITY SYSTEM OPTIONAL RETIREMENT PROGRAM

(SUSORP) 403(B)

and

SENIOR MANAGEMENT SERVICE OPTIONAL ANNUITY PROGRAM

(SMSOAP) 401(A)

ITN NO. DMS-24/25-199

THE STATE OF FLORIDA

DEPARTMENT OF MANAGEMENT SERVICES

Refer ALL inquiries to:

Procurement Officer: Alisha Morgan

Departmental Purchasing State of Florida, Department of Management Services

4050 Esplanade Way, Suite 260.E Tallahassee, FL 32399-0950

Email: DMS.Purchasing@dms.fl.gov

Failure to file a protest within the time prescribed in section 120.57(3), Florida Statutes (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. Any protest concerning this agency decision or intended decision must be timely filed with the Agency Clerk. Protests may be filed by courier, hand delivery, or regular mail at: Department of Management Services, Office of the General Counsel, Attention: Agency Clerk, 4050 Esplanade Way, Suite 160, Tallahassee, Florida 32399- 0950. Protests may also be filed by fax at 850-922-6312, or by email at agencyclerk@dms.fl.gov. It is the filing party's responsibility to meet all f iling deadlines.

NOTICE PURSUANT TO SECTION 287.057(25), F.S.

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.

mailto:DMS.Purchasing@dms.

mailto:agencyclerk@dms.fl.gov

DMS-24/25-199

SUSORP/SMSOAP Page 2 of 41

TABLE OF CONTENTS

SECTION 1. INTRODUCTION

1.1 Solicitation Overview

1.2 Definitions

1.3 Purpose

1.4 Contract Price

1.5 Questions Being Explored

1.6 Goals of the ITN

1.7 Term

1.8 Special Accommodations

1.9 Procurement Officer

1.10 Timeline of Events

1.11 Order of Precedence for Solicitation

SECTION 2. SOLICITATION PROCESS

2.1 General Description of ITN Procedure

2.2 Questions and Answers

2.3 Addenda to the Solicitation

2.4 Receipt of Replies

2.5 Supplier Development

SECTION 3. GENERAL AND SPECIAL INSTRUCTIONS

3.1 General Instructions

3.2 Special Instructions

3.3 Florida Substitute Form W-9 Process

3.4 How to Submit a Reply

3.5 Contents of Reply

3.6 Mandatory Responsiveness Requirements

3.7 Rejection of Replies

3.8 Additional Information

3.9 Subcontracting

SECTION 4. SELECTION METHODOLOGY

4.1 Determination of Replies’ Responsiveness for Evaluation

4.2 Evaluation of the Reply

4.3 Scoring Criteria

4.4 Other Department Rights for Evaluation

4.5 Negotiations

SECTION 5. AWARD

5.1 Equal Replies

SUSORP/SMSOAP Page 3 of 41

5.2 Rights for Award

5.3 Agency Decision

5.4 Other Reserved Rights

5.5 No Contract until Execution

5.6 Final Selection and Notice of Intent to Award Contract

FORM 1 - NOTICE OF NO CONFLICT OF INTEREST

FORM 2 - STATEMENT OF NO PRIOR DISQUALIFYING INVOLVEMENT

FORM 3 - SUBCONTRACTING

FORM 4 - MANDATORY RESPONSIVENESS REQUIREMENTS

FORM 5 - PUR 1355 FOREIGN COUNTRY OF CONCERN ATTESTATION

FORM 6 - PUR 7063 USE OF COERCION FOR LABOR AND SERVICES

FORM 7 - NON-COLLUSION AFFIDAVIT

Exhibits, Attachments and Required Forms:

Exhibit 1 – Plan Demographics and Employer Information Exhibit 2 – Investment Line-up Information and Investment-Related Fees Exhibit 3 – Cost Reply Exhibit 4 – Technical Questions Exhibit 5 – Draft Contract

Attachment A – SUSORP Plan Document Attachment B – Statement of Work Attachment C – Deliverables and Performance Measures Attachment D – Weekly Distribution Report File Format Attachment E – Quarterly Assets Under Management Report Format Attachment F – Quarterly Authorized Product Performance and Fee Report Format Attachment G – Investment Policy Statement Attachment H – Quarterly Performance Metrics Report Format Attachment I – Quarterly Reconciliation Report File Format Attachment J – Distribution Authorization File Format Attachment K – Remittance File Format Attachment L - Confidentiality and Non-Disclosure Agreement Attachment M – List of Authorized Products

Exhibit 6 – PUR 7801 Vendor Certif ication Form Exhibit 7 – Additional Questions

Required Forms:

Form 1 - Notice Of No Conflict of Interest Form 2 - Statement Of No Prior Disqualifying Involvement Form 3 - Subcontracting Form 4 - Mandatory Responsiveness Requirements Form Form 5 – PUR 1355 Foreign Country of Concern Attestation Form 6 – PUR 7063 Use of Coercion for Labor And Services Form 7 – Non-Collusion Affidavit

SUSORP/SMSOAP Page 4 of 41

SECTION 1. INTRODUCTION

1.1 Solicitation Overview

The State of Florida, Department of Management Services (Department or DMS), Division of Retirement (Division), is issuing this solicitation to establish contract(s) for retirement programs described below in Subsection 1.3 - Purpose.

This solicitation will be administered through the Business Network within MyFloridaMarketPlace (MFMP) and the Vendor Information Portal (VIP). Vendors interested in submitting a Reply must register for a Business Network account and comply with all solicitation terms and conditions.

1.2 Definitions

Capitalized terms used in this ITN and its attachments have the meaning ascribed in this section. Defined terms in Exhibit 5 – Draft Contract, the PUR 1000, the PUR 1001, and section 287.012, F.S., are incorporated herein by reference.

Business Day - Monday through Friday, inclusive, except for those holidays specified in section 110.117, F.S., from 8 a.m. to 5 p.m., Eastern time.

Business Network - The secure platform for Vendors to indicate participation in formal and informal solicitations and to submit responses to those solicitations electronically.

Confidential Information - Information in the possession or under control of the State or Vendor that is exempt from public disclosure pursuant to section 24, Article I of the Constitution of the State; the Public Records Law, Chapter 119, Florida Statutes; or to any other Florida law, federal law or regulation that serves to exempt information from public disclosure.

Contract - The binding agreement that results from this ITN, if any, between the Department and a Respondent. (This definition replaces the definition in the PUR 1000).

Contractor - An awarded Vendor that enters into a Contract as a result of this solicitation.

Department – The State of Florida Department of Management Services; referred to herein as “Department” or “DMS.”

Employer - For SMSOAP, any agency of the State of Florida, and for SUSORP the Department of Education, the State University System, or FRS Employers.

ITN - Invitation to Negotiate No. DMS-24/25-199, including all attachments and addenda.

Member - An employee in an eligible position who has elected or is required to participate in the SUSORP or the SMSOAP and has elected to deposit contributions in the Service Provider’s Authorized Products.

MyFloridaMarketPlace (MFMP) - The State’s eProcurement system, at https://www.dms.myflorida.com/business_operations/state_purchasing/myfloridamarketplac e

Plans - The State University System Optional Retirement Program (SUSORP) and the Senior Management Service Optional Annuity Program (SMSOAP).

https://www.dms.myflorida.com/business_operations/state_purchasing/myfloridamarketplace https://www.dms.myflorida.com/business_operations/state_purchasing/myfloridamarketplace

SUSORP/SMSOAP Page 5 of 41

Portfolio – The Respondent’s written technical reply in response to specific information requested in Section 3.5, Contents of Reply.

Reply - A Respondent’s formal response to the ITN. Response and Reply are used interchangeably herein.

Respondent - A Vendor who submits a Reply to this ITN.

Responsible Vendor – Means a Vendor who has the capability in all respects to fully perform the contract requirements and the integrity and reliability that will assure good faith performance.

Responsive Reply – Means a reply submitted by a Responsive and Responsible Vendor which conforms in all material respects to the solicitation.

Responsive Vendor - Means a Vendor that has submitted a reply that conforms in all material respects to the solicitation.

Service Provider – A company that provides individual contracts or individual certif icates issued for group annuity or other contracts, which may be fixed, variable, or a combination thereof. The terms Service Provider and Contractor are intended to be used interchangeably.

State - The State of Florida.

Vendor - An entity that is capable and in the business of providing a commodity or service like those within this solicitation.

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

https://vendor.myfloridamarketplace.com/.

In the event of a conflict between the terms incorporated from Florida Statutes and those contained within these documents, the definitions in these documents control.

1.3 Purpose

1.3.1 The Department seeks responses from Vendors interested in contracting with the State to provide services for the State University System Optional Retirement Program (SUSORP) and Senior Management Service Optional Annuity Program (SMSOAP). A brief description of each program is as follows:

1.3.1.1 SUSORP

Pursuant to section 121.35, F.S., the Department administers the SUSORP, an Internal Revenue Code section 403(b) retirement plan that serves the retirement needs for about 18,000 Members employed by the twelve state universities in Florida.

The four current Service Providers who receive ongoing contributions for the SUSORP are: Corebridge Financial (formerly AIG-VALIC), Equitable, TIAA and Voya. All contributions to the plan are on a pre-tax basis.

https://vendor.myfloridamarketplace.com/

SUSORP/SMSOAP Page 6 of 41

1.3.1.2 SMSOAP

Pursuant to section 121.055, F.S., the Department also oversees administration of the SMSOAP, an Internal Revenue Code section 401(a) retirement plan that serves the retirement needs for five (5) active senior managers employed by the State and about 90 inactive managers.

There are three (3) Service Providers who receive ongoing contributions:

Corebridge Financial, TIAA and Voya. Only annuity investments are permitted in SMSOAP. Employer and required Member contributions to the plan are on a pre-tax basis. Any voluntary Member contributions are on an after-tax basis.

Please see Exhibit 1 - Plan Demographics and Employer Information, for additional information regarding the SUSORP and SMSOAP.

1.3.1.3 Current contracts may be found in the following weblink –

Corebridge Financial (formerly AIG-VALIC) https://facts.fldfs.com/Search/ContractDetail.aspx?AgencyId=720000&ContractId=RT014

AXA Equitable Life Insurance Company https://facts.fldfs.com/Search/ContractDetail.aspx?AgencyId=720000&ContractId=RT018

Teachers Insurance and Annuity Association of America (TIAA) https://facts.fldfs.com/Search/ContractDetail.aspx?AgencyId=720000&ContractId=RT016

Voya Retirement Insurance and Annuity Company https://facts.fldfs.com/Search/ContractDetail.aspx?AgencyId=720000&ContractId=RT015

1.3.2 Services Sought

The services sought through this ITN are defined contribution bundled retirement services including, but not limited to, the following:

a. Defined contribution recordkeeping and administrative services including collection and maintenance of beneficiary information;

b. Member self-service systems and infrastructure via telephone and internet;

c. Receipt creation and maintenance of Member data, transaction data and history, and necessary files for updating the Department’s retirement and data systems;

d. Check writing, federal and state tax withholding and form preparation;

e. Integrated education and communication services for Members and their employers regarding their benefits, the importance of saving and asset allocation, including on-site representative support for each employer; and

f. Investment management of the SUSORP and SMSOAP assets via annuity investments and/or mutual funds.

g. State Data and Confidential Information security.

1.4 Contract Price

As described in following sections and/or Exhibits/Attachments:

Exhibit 3 – Cost Reply, ITN Section 3.5.7.2;

Exhibit 2 – Investment Line-Up Information and Investment-Related Fees (if selected to negotiate with the Department), ITN Section 3.5.8.2; and Exhibit 5 – Draft Contract, Section 3., Payments.

https://facts.fldfs.com/Search/ContractDetail.aspx?AgencyId=720000&ContractId=RT014 https://facts.fldfs.com/Search/ContractDetail.aspx?AgencyId=720000&ContractId=RT018 https://facts.fldfs.com/Search/ContractDetail.aspx?AgencyId=720000&ContractId=RT016 https://facts.fldfs.com/Search/ContractDetail.aspx?AgencyId=720000&ContractId=RT015

SUSORP/SMSOAP Page 7 of 41

1.5 Questions Being Explored

The Department would like to explore the following questions:

1.5.1 How can the Department and the Respondent (s) efficiently and effectively oversee and administer the SUSORP and SMSOAP, including all assets in the plans?

1.5.2 How can the Department ensure that the SUSORP and SMSOAP fees are appropriately administered?

1.5.3 What value propositions can Respondents offer today or during the term of the Contract that are in the best interest of Members of the SUSORP/SMSOAP and the State?

1.5.4 Does the Respondent appropriately address State Data and Confidential Information security?

1.6 Goals of the ITN

The goal of this ITN is to provide quality, cost-effective administration and service for the SUSORP and SMSOAP, and as follows:

1.6.1 To establish one or more Contracts for SUSORP and SMSOAP administration and service.

1.6.2 To identify experienced Respondents capable of providing the services detailed in this solicitation.

1.6.3 To determine Respondents’ ability to work with the Department and Members to provide the services required.

1.6.4 To identify Respondents with the knowledge, ability, and skill to assist the Department and further advance the State’s oversight of the administration of the SUSORP and

SMSOAP.

1.7 Term

The term of the Contract will be in accordance with Exhibit 5 – Draft Contract.

1.8 Special Accommodations

Any person requiring a special accommodation due to a disability should contact the Department’s Americans with Disabilities Act (ADA) Coordinator at 850-922-7535 or ADA.Coordinator@dms.fl.gov at least five Business Days prior to the scheduled event. If hearing or speech-impaired, please contact the ADA Coordinator by using the Florida Relay Service at 800-955-8771 (TDD).

1.9 Procurement Officer

The Procurement Officer is the sole point of contact as described in PUR 1001, Section

21. Contact with the Procurement Officer shall be in writing via email. Violation of this restriction may be grounds for rejecting a Response. The Procurement Officer for this solicitation is:

mailto:ADA.Coordinator@dms.fl.gov

SUSORP/SMSOAP Page 8 of 41

Alisha Morgan Purchasing Administrator, Departmental Purchasing Florida Department of Management Services 4050 Esplanade Way, Suite 260.E Tallahassee, FL 32399-0950 Email: DMS.Purchasing@dms.fl.gov

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

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

If a Respondent claims that any portion of an email is trade secret under section 812.081, F.S., or otherwise confidential under Florida or Federal Law, the Respondent is to place the word “Confidential” in the subject line.

1.10 Timeline of Events

The table below contains the Timeline of Events for this solicitation. The dates and times within the Timeline of Events are subject to change. It is the Respondent’s responsibility to check for any changes on the VIP. All changes to the Timeline of Events will be made through addendums to the solicitation in MFMP and VIP. Respondents are responsible for submitting all required documentation by the dates and times (Eastern Time) specified below (or as revised by addenda). The Department will not consider late submittals.

Timeline of Events Event Time

(Eastern Time) Event Date

Solicitation posted in MFMP and VIP April 30, 2025

Deadline to submit questions to the Procurement Officer 11:59 p.m. May 16, 2025

Department’s anticipated posting of answers to

Respondent’s questions in MFMP and VIP June 2, 2025

Deadline to submit a Reply and all mandatory responsiveness requirements in MFMP 2:00 p.m. June 16, 2025

Public Opening

-In Person- Conference Room 101 4050 Esplanade Way Tallahassee, Florida 32399-0950

-Teleconference- Conference call phone number: 1.888.585.9008 Conference room number: 380-031-285

3:00 p.m. June 16, 2025

Anticipated Evaluation Phase

June 18, 2025 to

July 23, 2025

Anticipated Negotiations Phase July 28, 2025 to mailto:DMS.Purchasing@dms.fl.gov

SUSORP/SMSOAP Page 9 of 41

Timeline of Events Event Time

(Eastern Time) Event Date

September 29, Anticipated Negotiation Team Public Meeting

Conference Room 101 4050 Esplanade Way Tallahassee, FL 32399

11:00 a.m.

September 30, Anticipated date to post Notice of Intent to Award in MFMP and VIP October 1, 2025

Anticipated Contract start date Upon execution

1.11 Order of Precedence for Solicitation

In the event of a conflict between the documents comprising this ITN, the conflict will be resolved in the following order of priority (highest to lowest):

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

b) Exhibit 4 – Technical Questions

c) This ITN document

d) Exhibit 5 – Draft Contract

e) Exhibit 3 – Cost Reply

f) All other ITN exhibits.

SECTION 2. SOLICITATION PROCESS

2.1 General Description of ITN Procedure

The ITN is a method of competitively soliciting contractual services under Chapter 287, F.S.

Vendors can submit formal questions in writing to the Procurement Officer (see Subsection

1.9 – Procurement Officer) by the deadline listed in Subsection 1.10 - Timeline of Events.

Replies must be submitted by the deadline listed in Subsection 1.10 - Timeline of Events.

The Department will hold a public opening of the Replies at the date, time, and location provided in Subsection 1.10 - Timeline of Events. The Department will perform an initial responsiveness check. Only Responsive Replies will be provided to the evaluators for evaluation.

The ITN process is divided into two phases: the evaluation phase and the negotiation phase.

The evaluation phase involves the Department’s evaluation of Replies in accordance with Subsection 4.3 – Scoring Criteria. During this phase, the Department’s evaluation team evaluates the Technical Replies from all Responsive Replies in accordance with Subsection

3.5 – Contents of Reply. The final scores for the Respondents, calculated in accordance with Exhibit 4 – Technical Questions will be used by the Department to establish a competitive range of Replies reasonably susceptible of award. The Department then selects one or more Respondents within the competitive range with which to commence negotiations.

The negotiation phase involves negotiations by the negotiation team with the Respondent(s) who were determined to be within the competitive range and were selected to participate in negotiations. During the negotiation phase, and in accordance with Subsection 4.5 – Negotiations, the Department may request revised Replies and/or Best and Final Offers (BAFOs), based on the negotiations.

SUSORP/SMSOAP Page 10 of 41

Once negotiations have concluded and BAFO(s) have been received and reviewed, the Department will hold a Negotiation Team Public Meeting to recommend a Contract award(s).

The Department intends to then post a Notice of Intent to Award a Contract(s), identifying the Responsive and Responsible Vendor(s) that provide(s) the best value to the State based on the selection criteria set forth in Subsection 4.6 – Final Selection and Notice of Intent to Award Contract.

Any reservation or listing of reservations of the Department’s rights provided in this ITN is not intended to be exhaustive and shall not be construed to limit the rights of the Department in conducting this procurement.

2.2 Questions and Answers

Vendors will submit all questions during the Questions and Answers period in writing to the Procurement Officer via email at the email address listed in Subsection 1.9 - Procurement Officer. The deadline for submission of questions is reflected in Subsection 1.10 - Timeline of Events.

The Department requests that all questions have the solicitation number in the subject line of the email. Questions are requested to be submitted in the following format:

Vendor Question # Vendor Name ITN Section ITN Page # Question

Questions will not constitute a formal protest of the specifications of this solicitation. The Department’s answers to written questions, as well as all clarif ications or addenda, if any, will be made through a posting in VIP.

The Department will not be bound by, and Respondents shall not rely on any representations outside of this question-and-answer process.

2.3 Addenda to the Solicitation

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

2.4 Receipt of Replies

2.4.1 Reply Deadline

The Respondent must submit their Reply electronically through the Business Network on or before the date listed in Subsection 1.10 - Timeline of Events.

2.4.2 Clarification to Replies

No changes, modifications, or additions to the Replies will be allowed after the Replies have been opened, except as permitted during the negotiation phase. However, the Department reserves the right to seek clarifying information or documentation from any Respondent at any time. Failure to supply the information or documentation as requested may result in the Reply being deemed non-responsive.

SUSORP/SMSOAP Page 11 of 41

2.4.3 Firm Offer

The Department may enter into a Contract within 365 Calendar Days after the date the Notice of Intent to Award is posted, during which period Replies shall remain firm and shall not be withdrawn. If a Contract is not executed within 365 Calendar Days, the Replies shall remain firm until either the Contract is executed, or the Department receives from a Respondent written notice that the Reply is withdrawn.

2.5 Supplier Development

Office of Supplier Development. The State of Florida supports its business community by creating opportunities for business enterprises to participate in procurements and contracts.

The Department encourages supplier development through certain certif ications and provides advocacy, outreach, and networking through regional business events. For additional information, please contact the Office of Supplier Development (OSD) at OSDHelp@dms.fl.gov.

Reporting Certified Business Enterprises. Upon request, the Contractor will report to the Department its spend with business enterprises certified by the OSD. These reports must include the time period covered, the name and vendor identif ication information of each business enterprise utilized during the period, commodities and contractual services provided by the business enterprise, and the amount paid to the business enterprise on behalf of each agency purchasing under the Term Contract.

SECTION 3. GENERAL AND SPECIAL INSTRUCTIONS

3.1 General Instructions

The PUR 1001, General Instructions to Respondents (2006 version), is incorporated herein by reference and can be accessed at:

https://dms-media.ccplatform.net/content/download/2934/file/PUR%201001%20General%20Instructions%20 to%20Respondents.pdf

3.2 Special Instructions

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

PUR 1001:

Paragraphs 8, 13, and 14 of the PUR 1001 are deleted in their entirety.

Paragraphs 3, 4, 5, 7, 9, 15, 19, and 20 of the PUR 1001 (General Instructions) are deleted and are replaced as follows:

3. Electronic Submission of Replies. Replies shall be submitted in accordance with Subsection 3.4 - How to Submit a Reply, of this solicitation.

4. Terms and Conditions. All Replies are subject to the terms of this solicitation, which, in case of conflict, shall have the order of precedence listed in Subsection 1.11 - Order of Precedence for Solicitation.

The Department shall not accept any unrequested terms or conditions submitted by a Respondent, including any appearing in documents attached as part of a Respondent’s Reply. In submitting its Reply, a Respondent agrees mailto:OSDHelp@dms.fl.gov https://dms-media.ccplatform.net/content/download/2934/file/PUR%201001%20General%20Instructions%20to%20Respondents.pdf https://dms-media.ccplatform.net/content/download/2934/file/PUR%201001%20General%20Instructions%20to%20Respondents.pdf https://dms-media.ccplatform.net/content/download/2934/file/PUR%201001%20General%20Instructions%20to%20Respondents.pdf

SUSORP/SMSOAP Page 12 of 41 that any additional terms or conditions, whether submitted intentionally or inadvertently, shall have no force or effect.

5. Questions. Questions shall be submitted in accordance with Subsection 2.2

- Questions and Answers, of this solicitation.

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

Lists.

a. Convicted Vendor List.

Pursuant to section 287.133, F.S., a person or affiliate who has been placed on the Convicted Vendor List following a conviction for a public entity crime may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in section 287.017, F.S., for CATEGORY TWO for a period of 36 months following the date of being placed on the Convicted Vendor List.

b. Discriminatory Vendor List.

Pursuant to section 287.134, F.S., an entity or affiliate who has been placed on the Discriminatory Vendor List may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity.

c. Antitrust Violator Vendor List.

Pursuant to section 287.137, F.S., a person or an affiliate who has been placed on the Antitrust Violator Vendor List following a conviction or being held civilly liable for an antitrust violation may not submit a bid, proposal, or reply for any new contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply for a new contract with a public entity for the construction or repair of a public building or public work;

may not submit a bid, proposal, or reply on new leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a new contract with a public entity; and may not transact new business with a public entity.

d. Forced Labor Vendor List.

Pursuant to section 287.1346, F.S., a company placed on the Forced Labor Vendor List may not submit a bid, proposal, or reply on a contract to provide commodities to an agency; be awarded a contract or perform work as a contractor, supplier, subcontractor, or consultant with an agency for the provision of commodities; or transact business for the provision of commodities with an agency. Additionally, an agency may not accept a bid, proposal, or reply from; award a contract to; or transact business pertaining to the provision of commodities with a company on the forced labor vendor

SUSORP/SMSOAP Page 13 of 41 list, or an entity under the control of such company, for a period of 365 days after the date the company was placed on the list unless the company is removed from the list pursuant to section 287.1346(5)(d), F.S.

9. Respondent’s Representation and Authorization

In submitting a Reply, the Respondent certifies that Respondent understands, represents, and acknowledges the following:

a. The Respondent is not currently under suspension or debarment by the

State or any other governmental authority.

b. The Respondent currently has no delinquent obligations to the State, including a claim by the State for liquidated damages under any other contract.

c. The submission is made in good faith and not pursuant to any agreement or discussion with, or inducement from, any entity or person to submit a complementary or other noncompetitive Reply.

d. 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 to any other Respondent or potential Respondent, and they will not be disclosed before the solicitation opening.

e. 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 Respondent and its affiliates for violation of any state or federal law involving a public entity crime (as defined in section 287.133(1)(g), F.S.). This includes disclosure of the names of current employees who were convicted of public entity crimes while in the employ of another company.

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

1. Is presently indicted or, within the preceding three years, has been convicted or found guilty of, or found civilly liable for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a federal, state, or local government transact ion or public contract; violation of federal or state antitrust statutes; or commission of embezzlement, theft, forgery, bribery, falsif ication or destruction of records, making false statements, or receiving stolen property; or

2. Has within a three-year period preceding this certif ication had one or more federal, state, or local government contracts terminated for cause or default.

g. The products and/or services offered by the Respondent will conform to the specifications contained herein without exception.

h. The Respondent has read and understands the terms and conditions listed in Exhibit 5 - Draft Contract, and the submission is made in conformance with those terms and conditions.

SUSORP/SMSOAP Page 14 of 41

i. If an award is made to the Respondent, the Respondent agrees that it intends to be legally bound to the Contract that is negotiated during the ITN process.

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

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

l. All information provided by, and representations made by, the Respondent are material and important and will be relied upon by the Department in awarding the Contract. Any misstatement may be treated as fraudulent concealment from the Department of the true facts relating to submission of the Reply. A misrepresentation may be punishable under law.

m. If at any point during the course of the procurement, circumstances change so that any of the above acknowledgements are no longer true, Respondent will notify the Procurement Officer as soon as practicable.

n. By submitting a Reply, the Respondent agrees to and waives any objections to requirements contained in the solicitation, including any addenda thereto.

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

15. Clarifying Information. The Department may request, and Respondent shall provide, clarifying information or documentation. Failure to supply the information or documentation as requested may result in the Reply being deemed non-responsive.

19. Public Records. Article 1, section 24, Florida Constitution, guarantees every person access to all public records, and section 119.011, F.S., provides a broad definition of “public record.” As such, the entirety of the Replies are public records and are subject to disclosure unless exempt from disclosure by law. If the Respondent considers any portion of its Reply to be Confidential Information, the Respondent is to mark the document as “confidential” and simultaneously provide the Department with a separate, redacted copy of its Reply. For each portion redacted, the Respondent is to briefly describe in writing the grounds for claiming exemption, including the specific statutory citation for such exemption. On the cover of the redacted copy, the Respondent is to provide its name and the Department’s solicitation name and number and clearly title it, “Redacted Copy.” Only portions of material that the Respondent claims are Confidential Information are to be redacted.

In accordance with section 119.0701, F.S., Replies are exempt from production in response to public records requests until such time as the Department provides notice of an intended decision or until 30 days after

SUSORP/SMSOAP Page 15 of 41 opening the Replies, whichever is earlier. After that time, the Department will provide the redacted copy, if any, in response to a public records request.

In the event of a request for public records pursuant to Chapter 119, F.S., the Florida Constitution, or other authority, to which documents that are marked as “confidential” are Responsive, the Department will provide the redacted copy to the requestor. If a requestor asserts a right to the redacted Confidential Information, the Department will notify the Respondent such an assertion has been made. It is the Respondent’s responsibility to take the appropriate legal action to assert that the information in question is exempt from disclosure under Chapter 119, F.S., or other applicable law.

If the Department becomes subject to a demand for discovery or disclosure of documents that are marked as “confidential” in a legal proceeding, the Department will give the Respondent notice of the demand or request. It will be the Respondent’s responsibility to take the appropriate legal action in response to the demand and to defend its claims of confidentiality. If the Respondent fails to take appropriate and timely action to protect the materials it has designated as Confidential Information, the Department will provide the unredacted materials to the requester.

By submitting a Reply, the Respondent agrees to protect, defend, and indemnify the Department for all claims arising from or relating to the Respondent’s determination that the redacted portions of its Reply are Confidential Information. If a Respondent fails to submit a redacted copy of information it claims is Confidential Information, in accordance with this section, the Department is authorized to produce the entire material submitted to the Department in response to a public records request for, or demand for discovery or disclosure of, these records.

20. Protests

Failure to file a protest within the time prescribed in section 120.57(3), Florida

Statutes, or failure to post the bond or other security required by law within the time allowed for filing a bond shall constitute a waiver of proceedings under Chapter 120, Florida Statutes. Any protest must be timely filed with the Department of Management Services’ Agency Clerk listed at:

http://www.dms.myflorida.com/agency_administration/general_counsel

3.3 Florida Substitute Form W-9 Process

It is mandatory and the responsibility of the awarded Respondent to complete a Florida Substitute Form W-9 prior to execution of a Contract. The Internal Revenue Service receives and validates the information provided on the Florida Substitute Form W-9.

For instructions on how to complete the Florida Substitute Form W-9, please visit:

https://f lvendor.myfloridacfo.com/.

3.4 How to Submit a Reply

Vendors must submit their Reply via MFMP, as provided herein.

http://www.dms.myflorida.com/agency_administration/general_counsel https://flvendor.myfloridacfo.com/

SUSORP/SMSOAP Page 16 of 41

3.4.1 MFMP Registration

A Vendor must be registered in the MFMP VIP to submit its intent to participate in this solicitation from the Advertisements Dashboard in VIP. A Vendor must also be registered in the Business Network (formerly known as Ariba Network) to submit a Reply for this solicitation event.

To participate in this solicitation, a Vendor must:

a) Create an account through VIP at https://vendor.myfloridamarketplace.com, if not already registered. For information on how to register in VIP, access MFMP training materials using the link in Subsection 3.4.2 - MFMP Training, below.

b) Once registered in VIP, search for this solicitation from the Advertisements Dashboard and click “Intends to Participate.”

c) The Vendor’s solicitation contact, as listed in the Vendor’s MFMP account, will receive an invitation to participate in the solicitation via email. This email will give the option to register the Vendor’s company on the Business Network or to log into the Business Network using the Vendor’s credentials if the Vendor already has a Business Network account. NOTE: It may take up to an hour to receive the invitation to participate email after clicking “Intends to Participate”. Vendors whose solicitation contact has not received the invitation email should contact the MFMP Customer Service Desk as specified in Subsection 3.4.3 - MFMP Assistance.

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

a) Register in the Business Network using the provided link received after selecting

“Intends to Participate” in VIP. The Vendor must follow the registration wizard to f ill in all required sections, read, and agree to the MFMP terms of use by checking the box, and click “Register” to complete the registration process.

1) The Vendor’s contact will receive an email from the Business Network confirming the registration of the Vendor’s account. To activate the Vendor’s account, select the “Click here to activate your Ariba account” link. This will direct the Vendor to the Business Network welcome page.

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

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

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

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

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

A sourcing event can appear in various statuses based on where the solicitation is in the procurement process. The possible statuses are defined below:

• Completed - The sourcing event is no longer receiving submissions for the solicitation and an agency decision has been posted on VIP

• Open – The sourcing event is currently open for viewing and registered Vendors may respond to the solicitation

SUSORP/SMSOAP Page 17 of 41

• Pending Selection – The sourcing event is no longer receiving submissions for the solicitation, but an agency decision has not yet been posted on VIP

• Preview – The sourcing event has not yet been opened to receive responses, but the details of the solicitation can be viewed by registered Vendors

d) Click the sourcing event title to review the details of the event.

e) In the Event Details page, there is a “Checklist” of steps which must completed before a Vendor can respond to this solicitation, including accepting the Ariba Network’s Respondent’s Agreement.

For more information on reviewing and submitting a response, access MFMP training materials using the link in Subsection 3.4.2 - MFMP Training, below.

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

SUBMIT THEIR RESPONSE AND ALL REQUIRED DOCUMENTS IN THE

BUSINESS NETWORK BY THE TIME AND DATE LISTED IN THE TIMELINE OF

EVENTS IN ORDER TO PARTICIPATE IN THIS SOLICITATION.

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

3.4.2 MFMP Training

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

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

3.4.3 MFMP Assistance

If you need assistance with using MFMP, please contact the MFMP Customer Service Desk at 866-352-3776 or VendorHelp@myfloridamarketplace.com. The MFMP Customer Service Desk cannot answer questions about the ITN content. All solicitation questions must be submitted in accordance with Subsection 2.2 - Questions and Answers.

3.5 Contents of Reply

3.5.1 Replies shall be prepared simply and economically, providing a straightforward, concise delineation of the Respondent’s capabilities to satisfy the requirements of this solicitation. The emphasis of each Reply shall be on completeness and clarity of content.

3.5.2 The Reply may not contain any conditions or exceptions to any aspect of the solicitation and any such conditions or exceptions will not be considered in evaluating the Respondent’s Reply. The only recognized changes to this ITN prior to the opening of Replies will be by written addenda issued by the Department.

3.5.3 Replies that fail to include all required information as set forth in this solicitation shall be deemed non-responsive.

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

SUSORP/SMSOAP Page 18 of 41

3.5.4 The Department will only consider electronic Replies submitted through the Business

Network. Vendors must ‘Join’ the MFMP event in VIP to be able to submit a Reply.

3.5.5 Replies must be submitted by the date and time specified in Subsection 1.10 - Timeline of Events. The Department will not consider late Replies.

3.5.6 Reply Submission

3.5.6.1 Via a Portfolio

a. The Respondent shall submit one Portfolio for responses required in

Exhibit 4 and one Portfolio for responses required in Exhibit 7.

b. Within each Portfolio, the Respondent shall restate each request for information and/or question, and provide its response directly below the restated request for information and/or question. Responses should be in at least 11-point type using Calibri, Arial, or Times New Roman font.

c. Portfolios should be professional, with clear and concise responses, and should not exceed 80 pages in length. The evaluators will not evaluate any pages beyond the 80 th page. The Department reserves the right to remove page 81 and onward for Portfolios exceeding the 80-page limit prior to sending Replies to the evaluation team.

3.5.6.2 The portfolio and all other electronic documents submitted are to be fully searchable and not locked. Do not incorporate or reference dynamic links that are external to the Reply documents. If the Respondent deems it necessary to provide website references, provide screen shots in lieu of weblinks. References to dynamic links (Universal Resource Locators) will not be considered as part of the Respondent’s Reply.

3.5.6.3 All other required documentation shall be uploaded to VIP via the file name format indicated in the corresponding subsection of section 3.5.7., below.

3.5.7 Information to Upload to VIP

3.5.7.1 Transmittal Letter

a. A cover letter on the Respondent’s letterhead with the following information:

1. Company name and physical address.

2. Primary location(s) from where the work will be performed (e.g., call center, etc.).

3. A primary and secondary contact that includes names, address, telephone numbers and email addresses.

SUSORP/SMSOAP Page 19 of 41

4. Name, position, title, and email address of the person who would sign the Contract, if awarded.

5. Federal Employer Identif ication (FEID) Number.

6. Professional memberships.

7. A statement that the Respondent’s original response and any later related documentation provided via negotiations, if selected, may be released to the public should a redacted copy not be provided with each submission. See Section 19, Public Records, of the PUR 1001, as modified by section 3.2 of this ITN.

b. Upload to VIP utilizing the following file name format:

VendorName_Transmittal Letter.pdf

3.5.7.2 Exhibit 3 - Cost Reply

a. The Respondent shall enter percentage rates for Section A

(Initial Stable Value Fund/Fixed Account Crediting Rate) and Section B (Stable Value Fund/Fixed Account – Floor/Guaranteed Minimum Interest Rate). For Section C, the Respondent shall enter a per-Member fee. An incomplete Cost Reply will be deemed non-responsive.

b. In the event the Department receives a Cost Reply with illegible information, the Department reserves the right to seek clarif ication. No material alterations of the original Cost Reply shall be accepted.

c. Respondent understands that by submitting a Cost Reply, it agrees to all terms and conditions indicated therein.

d. Upload to VIP utilizing the following file name format:

VendorName_Cost Reply.pdf

3.5.7.3 Exhibit 4 – Technical Questions Portfolio

a. A Portfolio is required for responses to Exhibit 4.

See Section 3.5.6.1 for details on Portfolio requirements.

b. The Portfolio shall provide required responses to Exhibit 4. Required responses are based on the following subjects:

1. Corporate Experience and Background

2. Respondent Contracts

3. Proposed Personnel

4. Approach and Methodology

SUSORP/SMSOAP Page 20 of 41

5. Preliminary Implementation Plan

6. Technical Questions

c. Exhibit 4 must identify the corresponding Portfolio page number in column D of tab 2.

d. Upload to VIP utilizing the following file name format(s):

Upload/file name: VendorName_Exhibit4Portfolio.pdf

Upload/file name: VendorName_Exhibit4.xlsx (native format)

3.5.7.4 Required Forms

a. Forms 1-7 are to be uploaded as one pdf document.

Form 1 - Notice of No Conflict of Interest Form 2 - Statement of No Prior Disqualifying Involvement Form 3 - Subcontracting Form 4 - Mandatory Responsiveness Requirements Form Form 5 – PUR 1355 Foreign Country of Concern Attestation Form 6 – PUR 7063 Use of Coercion for Labor and Services Form 7 – Non-Collusion Affidavit

b. Exhibit 6 - PUR 7801 Vendor Certif ication Form

c. Upload to VIP utilizing the following file name formats:

VendorName_Forms1-7.pdf VendorName_Exhibit6.docx (native format)

3.5.7.5 Satisfactory Performance Guarantee

a. See draft Contract Section 16., Performance Bond. The Respondent shall submit either a performance bond or irrevocable letter of credit, if awarded.

To guarantee the Respondent’s f inancial capacity to secure a satisfactory performance guarantee, the Respondent shall submit 1) a letter of bond ability; or 2) a letter from its banking institution, with its Reply, in accordance with 1., or 2., below.

1. Performance Bond

The letter must meet the following requirements:

i. Include a statement that the Respondent is authorized to do business in the state of Florida.

ii. Reflect the surety company or bonding agent company letterhead.

iii. Be signed and dated on or after the advertisement date of this

ITN.

SUSORP/SMSOAP Page 21 of 41

iv. Identify the Respondent’s bonding capacity.

v. Include a statement indicating the Respondent’s ability to obtain a performance bond in an amount of no less than $2 million within thirty (30) Calendar Days of Contract execution.

2. Irrevocable Letter of Credit

The letter must meet the following requirements:

i. Include a statement that the Respondent is authorized to do business in the state of Florida.

ii. Be written on bank letterhead.

iii. Be signed and dated on or after the advertisement date of this

ITN.

iv. Identify the Respondent’s f inancial credit capacity.

v. Include a statement from the bank that indicates the

Respondent’s ability to obtain an irrevocable letter of credit in an amount of no less than $2 million within thirty (30) Calendar Days of Contract execution.

b. Letter of Commitment

The Respondent shall submit a letter of commitment on its company letter head indicating its commitment to supply either 1., or 2., as described above, annually.

d. Upload to VIP utilizing the following file name formats:

VendorName_Guarantee Letter.pdf VendorName_LetterofCommittment.pdf

3.5.7.6 Confidential Information

a. Should any…