ITN-DMS-2425-258.Comprehensive-Med-Surgical-Bundled-Srvc-and-Cancer-Care-Coord.docx

INVITATION TO NEGOTIATE (ITN)

FOR

COMPREHENSIVE SURGICAL AND MEDICAL BUNDLED SERVICES AND CANCER CARE COORDINATION

ITN NO: DMS-24/25-258

THE STATE OF FLORIDA

DEPARTMENT OF MANAGEMENT SERVICES

Refer ALL inquiries to:

Procurement Officer:

Christina Guerra Departmental Purchasing State of Florida, Department of Management Services 4050 Esplanade Way, Suite 260 Tallahassee, FL 32399-0950 Email: DMS.Purchasing@dms.fl.gov

Failure to file a protest within the time prescribed in section 120.57(3), F.S. (as altered by section 110.123(3)(d)4, 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.myflorida.com. It is the filing party's responsibility to meet all filing 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.

4050 Esplanade Way Tallahassee, FL 32399-0950 850-488-2786

Ron DeSantis, Governor Pedro Allende, Secretary

ITN No.: DMS-24/25-258 Page 11 of 30 Comprehensive Surgical and Medical Bundled Services and Cancer Care Coordination

TABLE OF CONTENTS

Attachments:

Attachment A – Statement of Work Attachment B – Cost Reply Attachment C – Draft Proposed Contract Attachment D – Technical Reply Attachment E – Privacy, Security, and Confidentiality Business Associate Agreement Attachment F – PUR 7801, Vendor Certification Form

1. INTRODUCTION

1.1 Solicitation Overview

The State of Florida (State), Department of Management Services (Department), Division of State Group Insurance (DSGI), seeks to establish through this Invitation to Negotiate (ITN) a contract with one (1) Respondent for Comprehensive Surgical and Medical Bundled Services and Cancer Care Coordination, as further described in Attachment A, Statement of Work. The Department anticipates a Service Commencement Date of January 1, 2026. The estimated annual contract amount the Department intends to award to a successful Respondent to this ITN is $4,400,000.00; the estimated annual contract amount is subject to change and is dependent upon legislative appropriation.

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 1.2. Defined terms in Attachment C, Draft Contract, PUR 1000, PUR 1001, and section 287.012, Florida Statutes (F.S.), are incorporated herein by reference. Notwithstanding section 1.10, in the event of a conflict in definitions, the definitions listed in this section supersede the incorporated definitions for the purposes of this ITN document. All definitions apply in both their singular and plural sense.

“Bundled Service” means a surgical and/or medical service that is performed to treat a Member undergoing a specific episode of care for a single payment.

“Business Day” means Monday through Friday, inclusive, except for those holidays specified in section 110.117, F.S., from 8:00 a.m. to 5:00 p.m., Eastern Time.

“Business Network” means the secure platform for Vendors to indicate participation in formal and informal solicitations and to submit responses to those solicitations electronically.

“Calendar Day” means any day in a month, including weekends and holidays.

“Confidential Information” means information that is trade secret or otherwise confidential or exempt from disclosure under Florida or federal law.

“Contract” means any binding agreement for Bundled Services and cancer care coordination that results from this ITN, if any, between the Department and a Respondent.

“Contractor” or “Service Provider” means the business entity that is awarded this ITN and subsequently enters into a contract with the Department.

“Covered Dependents” are spouses or dependent children of Enrollees who are covered pursuant to section 110.123, F.S.

“Deliverables” means those services, items and/or materials provided, prepared and delivered to the Department in the course of performance under the Contract by the Contractor.

“Department” means the Florida Department of Management Services, a state agency “Enrollee” has the meaning as defined in section 110.123(2)(c), F.S.

“Healthcare Provider” means any physician, hospital, or other institution, organization, or person that furnishes health care services and is licensed or otherwise authorized to practice in the state.

“High Quality Provider” means a Healthcare Provider or facility that has been identified as being high quality based on Contractor’s quality rating methodology.

“Implementation Plan” means the written description provided by Contractor, as approved by the Department, of the schedule of actions necessary to implement the Services and begin fulfilling the Contract in a timely manner.

“ITN” means Invitation to Negotiate No. DMS-24/25-258, Comprehensive Surgical and Medical Bundled Services and Cancer Care Coordination.

“Member” means Enrollees and Covered Dependents thereof, as defined in section 110.123(2)(g), F.S.

MyFloridaMarketPlace (MFMP)” means the State’s eProcurement system. MFMP is accessible using the following URL: https://www.dms.myflorida.com/business_operations/state_purchasing/myfloridamarketplace.

“Plan Year” means the calendar year from January 1st to December 31st.

“Portfolio” means the Respondent’s written Technical Reply in response to Attachment D, Technical Reply.

“Protected Health Information” or “PHI” shall have the same meaning and effect as defined in Title 45 of the Code of Federal Regulations, Parts 160 and 164, limited to the information created, received, maintained or transmitted by the Contractor from or on behalf of the Department.

PUR 1000 – The standard “General Contract Conditions” Form PUR1000 (07/24), as incorporated by reference in Rule 60A-1.002(7), F.A.C., and can be accessed at: https://www.dms.myflorida.com/content/download/2933/file/PUR%201000%20%28General%20Contract%20Conditions%29.pdf.

PUR 1001 -- The standard “General Instructions to Respondents” Form PUR 1001 (10/06), as incorporated by reference in Rule 60A-1.002(7), F.A.C., and can be accessed at: https://dmsmedia.ccplatform.net/content/download/2934/file/PUR%201001%20General%20Instructions%20to%20Respondensts.pdf.

“Reply” means the documents submitted by the Respondent in response to this ITN.

“Respondent” means a vendor who submits a Reply to this ITN.

“Reward Payment” means the reward amount that shall be received by an Enrollee for utilizing the Contractor’s Services for the selection of a rewardable service.

“Service Commencement Date” means January 1, 2026, at 12:01 A.M., Eastern Time, the first date Services are provided to Members.

“Services” means tasks to be performed by the Contractor as specified in the Contract. The term “Services” includes, but is not limited to, any unspecified task that is inherent in proper delivery or administration of a specified Service.

“State” means the State of Florida.

“Subcontractor” means the Contractor’s subcontractors and agents that deliver the Services required by this Contract. The term “Subcontractor” does not include Healthcare Providers.

“Vendor Information Portal (VIP)” means the State’s bidding system developed in accordance with section 287.042(3)(b)2, F.S. Access VIP using the following URL: 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 Background

Pursuant to section 110.123, F.S., the Department’s Division of State Group Insurance (“Division”) administers the State Group Insurance Program (“Program”). The Program is comprised of a package of insurance benefits, including health insurance options, flexible spending and health savings accounts, life insurance, dental insurance, and other supplemental insurance products for State of Florida employees and retirees, COBRA participants, and covered spouses and/or children. Each employee, retiree, surviving spouse of the employee, or COBRA participant that is the primary insured is an Enrollee. Covered spouses and/or children are “Dependents.” Each individual covered under the Program is a “Member.”

Through the Program, the Department currently offers four (4) medical benefit plan design options. Two (2) of these are Preferred Provider Organization (“PPO”) plans, while the other two (2) plans are either Health Maintenance Organizations (“HMO”) or HMO-style plans.

The PPO options, available statewide, are currently self-funded, with medical benefits administered by a single third-party administrator (“TPA”), Florida Blue Cross Blue Shield. The fully insured HMO and self-insured HMO-style options are currently provided by three (3) separate HMOs and TPAs, Aetna, UnitedHealthcare, Capital Health Plan. A single pharmacy benefits manager, currently OptumRX, administers the pharmacy benefits for all plans with the exception of Medicare Advantage HMO Enrollees, whose pharmacy benefits are administered by their respective HMOs.

The “Plan Year” runs from January 1st through December 31st of each calendar year. The State provides two (2) primary enrollment opportunities outside of qualifying status change events: 1) when a person begins employment with the State, and 2) annually during an open enrollment period. Open enrollment changes are effective January 1st of the following year. The State’s outsourced human resource administrator, People First, handles all enrollment activity and its system is the system of record for eligibility determinations.

As of January 2025, the State Group Health Insurance Program provides coverage for 388,313 Members, including 193,899 Enrollees.

Section 110.12303(2)(a), F.S., directs the Department to issue this ITN in order to Contract with a Vendor that will provide comprehensive pricing and inclusive services for surgery and other medical procedures that are the subject of this ITN. The statutory language is as follows:

(2)(a) The department shall contract with at least one entity that provides comprehensive pricing and inclusive services for surgery and other medical procedures which may be accessed at the option of the Enrollee. The contract shall require:

1. The entity to have procedures and evidence-based standards to ensure the inclusion of only high-quality health care providers.

2. The entity to provide assistance to the Enrollee in accessing and coordinating care.

3. The entity to provide cost savings to the state group insurance program to be shared with both the state and the Enrollee. Cost savings to an Enrollee must, unless prohibited by first-dollar coverage rules under applicable tax law, include a waiver of Enrollee cost-sharing liability for surgery and other medical procedures. Cost savings may additionally include amounts payable to an Enrollee or beneficiary as follows:

a. Credited to the Enrollee’s flexible spending account;

b. Credited to the Enrollee’s health savings account;

c. Credited to the Enrollee’s health reimbursement account; or

d. Paid as additional health plan reimbursements.

4. The entity, in conjunction with the department, to provide an educational campaign for Enrollees to learn about the services offered by the entity.

In addition, Chapter 2024-231, Laws of Florida, prescribes that Members participating in the state group insurance plan have the option to receive coordination of cancer care support, effective January 1, 2025.

1.4 Term

It is anticipated that the term of the Contract will be four (4) years with up to four (4) optional one (1) year renewals. The Contract may only be renewed in accordance with section 287.057(14), F.S.

1.5 Questions Being Explored

The Department intends to explore one or more of the following questions:

a. What is the vendor’s experience in providing Bundled Services?

b. What type of medical procedures or surgeries can be bundled for purposes of comprehensive pricing?

c. How does the vendor determine medical necessity?

d. What sources and with what frequency does the vendor utilize to establish evidence-based standards that ensures the inclusion of only High Quality Providers?

e. What level of assistance and care coordination can the vendor provide to Members who are seeking, are undergoing, and/or have received a Bundled Service?

f. To what extent does the vendor coordinate care with the Member’s health insurance carrier?

g. The travel distance and duration required for a Member to access Bundled Services?

h. Does the vendor currently have Bundled Service arrangements with providers in the State of Florida? Where in Florida does the vendor have the ability to quickly establish a network?

i. Does the vendor consider a Member's health risk factors to be eligible for Bundled Service?

j. Does the vendor have the ability to provide a cancer care coordination program that allows for one-on-one access to an oncology nurse coordinator and provide the necessary services for the program?

k. What is the length of time, per procedure, for follow up care and bundled pricing structure (e.g., copayments, deductibles, etc.) of a Bundled Service arrangement?

l. Which Bundled Services provide the best value for the Member and the state?

m. What strategies should the Department consider ensuring Member satisfaction with the process and experience?

1.6 Goals of the ITN

The goals of this ITN are to determine the best value Contractor of comprehensive surgical and medical Bundled Services and cancer care coordination for state employees and Members, and as follows:

a. To establish a contract to provide Bundled Services to Members.

b. To contract with an entity that has procedures and evidence-based standards to ensure the provision of healthcare services by only High Quality Providers.

c. To contract with an entity that provides assistance to the Member in accessing and coordinating care for Bundled Service arrangements.

d. To contract with an entity that provides cost savings to the Program to be shared with both the state and Enrollees.

e. To contract with an entity that provides an educational campaign for Enrollees to learn about the services offered by the vendor.

f. To contract with an entity that ensures quality of care and patient safety for Members.

g. To contract with an entity that uses marketing and communications strategies that engage Members to utilize Bundled Services.

h. To contract with an entity that reports on a regular and as-needed basis and recommends improvements on utilization, engagement, and outcomes.

i. To establish a cancer care coordination program for Members participating in the State Group Insurance Program.

1.7 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. Requests for accommodation for meetings must be made at least five (5) Business Days prior to the meeting. A person who is hearing or speech impaired can contact the ADA Coordinator by using the Florida Relay Service at (800) 955-8771 (TDD).

1.8 Procurement Officer

The Procurement Officer is the sole point of contact for this procurement. Direct all contact with the Department to the Procurement Officer in writing by email.

Christina Guerra Departmental Purchasing Florida Department of Management Services 4050 Esplanade Way, Suite 260 Tallahassee, FL 32399-0950 Email: DMS.Purchasing@dms.fl.gov ***PLACE THE ITN NUMBER IN THE SUBJECT LINE OF ALL EMAILS TO THE PROCUREMENT OFFICER*** 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. (See also subsection 3.7 of this ITN for more information on confidential information.)

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

1.9 Timeline of Events

The table below contains the anticipated Timeline of Events for this ITN. The dates and times within the Timeline of Events are subject to change. It is the Respondent’s responsibility to check the Vendor Information Portal (VIP) for any changes. The Respondent is responsible for ensuring the Department receives all required documentation by the dates and times (Eastern Time) specified below (or as revised by addenda).

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

to June 25, 2025

to August 21, 2025

Anticipated Negotiation Team Public Meeting to Recommend Award.

Conference Room 101 4050 Esplanade Way Tallahassee, FL 32399

1.10 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) Attachment A, Statement of Work

c) Attachment B, Cost Reply

d) This ITN document

e) Attachment C, Draft Contract (which includes all documents referenced in section 1.2 of the Draft Contract)

f) Other ITN attachments

SOLICITATION PROCESS

2.1 General Description of ITN Process

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 by the deadline listed in Section 1.9, Timeline of Events. Replies must be submitted by the deadline listed in Section 1.9, Timeline of Events.

This ITN will be administered through the Business Network and VIP. Interested Respondents are to comply with all terms and conditions described herein. The Department will hold a public opening of the Replies at the date, time, and location provided in Section 1.9, Timeline of Events.

The ITN process is divided into two (2) phases: the evaluation phase and the negotiation phase.

The evaluation phase involves the Department’s evaluation of Replies in accordance with this ITN. During this phase, the Department’s evaluation team will independently evaluate and score each responsive Respondent’s Reply by reviewing the Respondent’s submitted Technical Reply (Attachment D). Scores will be calculated in accordance with the instructions provided within the ITN and will be used to establish a competitive range of Replies reasonably susceptible of award. The Department then selects one (1) or more Respondents within that competitive range with which to commence negotiations.

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

Once BAFO(s), if requested, have been received and reviewed and negotiations have concluded, the Department will hold a Negotiation Team Public Meeting during which the Negotiation Team members will individually make their recommendation for the Contract award in accordance with Section 4.5 of this ITN. The Department intends to then post a Notice of Intent to Award a Contract, identifying the Responsive and Responsible Vendor that provides the best value to the State based on the selection criteria set forth in subsection 4.5 of this ITN.

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, and more specifically, negotiations.

2.2 Questions and Answers

Vendors will submit all questions during the Questions and Answers period in writing to the Procurement Officer via email. Questions submitted by telephone, postal mail, hand delivery, or fax will not be accepted. The deadline for submission of questions is reflected in Section 1.9, Timeline of Events.

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

Respondent Name

Questions will not constitute a formal protest of the specifications of the ITN. The Department’s answers to written questions submitted during the Questions and Answers period will be posted to the Business Network and VIP. The Department will not be bound by, and Respondents shall not rely on, any representations outside of this Questions and Answers 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 responsibility of the Respondent to check VIP for information and updates.

2.4 Deadline to Submit Replies

The Respondent must submit their Reply electronically through the Business Network on or before the date listed in Section 1.9, Timeline of Events.

2.5 Public Opening

Replies will be opened on the date and at the location indicated in Section 1.9, Timeline of Events, of this ITN. No changes, modifications, or additions to the Replies will be allowed after the Replies have been opened, except as negotiated during the negotiation phase. However, the Department reserves the right to seek clarifications from any Respondent at any time. Respondents are not required to attend the public opening. The Department does not announce prices or release other materials at this public meeting, in accordance with section 119.071(1)(b), F.S.

2.6 Respondents Mandatory Responsiveness Requirements

The Department will not review Replies from Respondents who do not meet the mandatory responsiveness requirements listed on the Mandatory Responsiveness Requirements Form, including the submission of additional documents therein and the signed form, the Company Details Form, the Foreign Country of Concern Attestation Form, and the No Conflict of Interest Form.

The Department reserves the right to waive any minor irregularity, technicality, or omission if the Department determines that doing so will serve the best interest of the State.

At any time during the ITN process, the Department may require the Respondent to submit documentation to demonstrate that it meets these mandatory responsiveness requirements. If the Respondent cannot produce sufficient documentation to demonstrate that it meets these mandatory responsiveness requirements, the Respondent will be deemed non-responsive.

The Department will perform an initial responsiveness check. Replies found to be non-responsive will not be considered for award. The Department reserves the right to act upon information discovered during and after the initial responsiveness check impacting the responsibility or responsiveness of the Respondent.

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. Replies must be submitted by the date and time specified in Section 1.9, Timeline of Events. The Department will not consider late Replies.

2.7 Contract Formation

The Department may issue a “Notice of Intent to Award” to award a Contract to a successful Respondent. However, no contract shall be formed between a Respondent and the Department until both parties sign the Contract. The Department shall not be liable for any work performed before the Contract is effective.

The Department intends to enter into the Contract with a Respondent pursuant to section 4.5.1, Award Selection, of this ITN. No additional documents submitted by a Respondent shall be incorporated in the Contract unless they are specifically identified and approved by the Department. A copy of the Draft Proposed Contract is included as Attachment C, Draft Contract.

2.8 Modification or Withdrawal of Reply

Respondents are responsible for the content and accuracy of their Replies. A Respondent may modify or withdraw its Reply in the Business Network at any time prior to the Reply due date and time set forth in Section 1.9, Timeline of Events of this ITN.

2.9 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 certifications 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 identification 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.

GENERAL INSTRUCTIONS

General Instructions In accordance with Rule 60A-1.002(7), F.A.C., Form PUR 1001, General Instructions to Respondents, is incorporated by reference into this ITN and can be accessed at: State of Florida (ccplatform.net).

Special Instructions The following special instructions modify the general instructions provided in the incorporated PUR 1001. The terms of this ITN control over any conflicting terms of the PUR 1001.

Paragraphs 8, 17 and 18 of PUR 1001 are inapplicable in their entirety and are hereby deleted.

Paragraph 13 and 19 of the PUR 1001 are replaced in subsections 5.2 and 3.7 respectively, herein.

Paragraphs 3, 4, 5, 7, 9, 14, 15, and 20 of PUR 1001 are inapplicable and are replaced as follows:

Section 3. Electronic Submission of Offers Replies shall be submitted in accordance with section 3.4, How to Submit a Reply, of this ITN.

Section 4. Terms and Conditions. All Replies are subject to the terms of this solicitation, which, in case of conflict, will have the order of precedence listed in section 1.10, Order of Precedence for Solicitation, of this ITN.

The Department will not accept any unrequested terms or conditions submitted by a Respondent, including any appearing in documents attached as part of a Respondent’s Proposal or hyperlinked therein. In submitting its Reply, a Respondent agrees that any additional terms or conditions, whether submitted intentionally or inadvertently, shall have no force or effect.

Section 5. Questions Questions shall be submitted in accordance with section 2.2, Questions and Answers, of this ITN.

Section 7. Convicted Vendor, Discriminatory Vendor, Antitrust Violator Vendor, and Forced Labor 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 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.

Section 9. Respondent’s Representation and Authorization.

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

· The Respondent is not currently under suspension or debarment by the State or any other governmental authority.

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

· The submission 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 Reply.

· Unless requested by the Department, the Reply, prices, and amounts submitted by a Respondent at any time during the ITN process have been arrived at independently and without consultation, communication, or agreement with any other Respondent or potential Respondent; the contents of a Reply, the prices and the amounts, actual or approximate, have not been disclosed to any other Respondent or potential Respondent, and they will not be disclosed before the ITN opening.

· 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.

· 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:

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

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

· The products and services offered by the Respondent conform to the specifications contained herein without exception.

· The Respondent has read and understands the Contract terms and conditions listed in Attachment C, Draft Contract, and the submission is made in conformance with those terms and conditions.

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

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

· The Respondent shall indemnify, defend, and hold harmless the Department and its employees against any cost, damage, or expense which may be incurred or be caused by the Respondent’s Reply (including any errors therein).

· All information provided by, and representations made by, the Respondent are material and important and will be relied upon by the Department in awarding a Contract. Any misrepresentation shall 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.

· 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.

· The Department reserves the right to deem the Respondent non-responsive or not responsible based on any information provided in, or omitted from, the Respondent’s Reply related to the certifications of this section.

Section 14. Firm Response The Department may make an award within three hundred and sixty-five (365) days after the date of the opening, during which period Replies, revised replies, and BAFOs shall remain firm and shall not be withdrawn. If award is not made within three hundred and sixty-five (365) days, the final offer shall remain firm until the Department enters into a Contract or the Department receives written notice from the Respondent that the Reply is withdrawn.

In addition, the Department may enter into a Contract within 180 Calendar Days after the date the award is posted, during which period Replies, as may be further negotiated, shall remain firm and shall not be withdrawn. If a Contract is not executed within 180 Calendar Days, the Replies, as may be further negotiated, shall remain firm until either the Contract is executed, or the Department receives from a Respondent written notice that the Reply is withdrawn.

Section 15. Clarifying Information.

No changes, modifications, or additions to the Replies will be allowed after the Replies have been opened, except as negotiated during the negotiation phase. However, the Department reserves the right to seek clarifications from any Respondent at any time.

Failure to supply the information or documentation as requested may result in the Reply being deemed non-responsive.

Section 20. Protests Any protest concerning this ITN shall be made in accordance with section 120.57(3), F.S., as modified by section 110.123(3)(d)4, F.S. and Rule Chapter 28-110, F.A.C. Any communication not in accordance with these sections or the ITN, including questions to the Procurement Officer, shall not constitute a formal protest.

MFMP Registration and Florida Substitute Form W-9 Process The awarded Respondent(s), if any, must register in MFMP prior to Contract execution. For additional information, please visit: https://vendor.myfloridamarketplace.com The awarded Respondent(s), if any, will be required to pay the required MFMP transaction fee(s) as specified in Section 14 of the PUR 1000, unless an exemption has been requested and approved in accordance with Rule 60A-1.031, F.A.C.

The awarded Respondent(s), if any, must complete a Florida Substitute Form W-9 prior to Contract execution. The Internal Revenue Service receives and validates the information provided on the Florida Substitute Form W-9. For instructions on how to complete the Florida Substitute Form W- 9, please visit: https://flvendor.myfloridacfo.com/.

How to Submit a Reply

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

To participate in this solicitation, a Vendor must:

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

a) Register in the Business Network using the provided link received after selecting “Intends to Participate” in VIP. The Vendor must follow the registration wizard to fill in all required sections, read, and agree to the MFMP terms of use by checking the box, and click “Register” to complete the registration process.

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:

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

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

MFMP Training MFMP University offers Vendor training materials on the Department’s MFMP Vendor Training website. To access the MFMP Vendor Guide for information on VIP registration, commodity codes, and responding to solicitations in the Business Network, visit:

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

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 Section 2.2, Questions and Answers.

Contents of Reply The Respondent’s 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.

All electronic documents should be searchable to the fullest extent practicable. 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. Respondents must complete each section entirely or the Respondent may be deemed non-responsive. Replies are to be organized in sections as directed below. Submit a Reply in accordance with Section 3.4, How to Submit a Reply.

Tab 1 – Cover Letter (PDF) Upload a PDF document containing a cover letter on the Respondent’s letterhead with the information listed below as part of the Reply.

a) Company name and physical address

b) Primary location(s) from where the work will be performed

c) Contact information for Respondent’s primary point of contact, including phone number and email address

d) Federal Employer Identification (FEID) Number Tab 2 – Completed Forms (PDF) Complete and upload the following forms in their entirety as individual unprotected PDF documents as part of the Reply. Such forms shall not be scored.

Non-Mandatory

· Contact Information Form

· Notice of No Conflict of Interest

· Statement of No Prior Disqualifying Involvement

· Subcontracting Form

Mandatory

· Mandatory Responsiveness Requirements Form

· Foreign Country of Concern Attestation

· Attachment H, PUR7801, Vendor Certification Form Note: All forms requiring signature may be completed by the Respondent using either electronic or wet-ink signature.

Tab 3 – Executive Summary (PDF) The Respondent shall condense and highlight the contents of the Reply to the ITN to include a general description regarding how the Respondent intends to offer the service being sought herein.

Upload the Executive Summary as an unprotected PDF as part of the Reply.

Tab 4 – Technical Information Portfolio and Completed Spreadsheets in Attachment D, Technical Reply (PDF and Excel) The Respondent shall submit a PDF Portfolio responding to each of the requested Technical Information items listed in the D-2 Technical Reply tab of Attachment D. Portfolios shall restate each question and/or requested information listed in the Technical Reply tab and provide the Respondent's response below the item. Responses should be in at least 11-point type using Calibri, Arial, or Times New Roman font. Portfolios should be professional, with clear and concise responses, and shall not exceed 80 pages in length. The evaluators will not evaluate any pages beyond the 80th page.

In addition to submission of a PDF Portfolio, the Respondent shall submit a completed Attachment D, Technical Reply, as an Excel file (.xlsx). On the Technical Reply tab, Respondents shall, next to the question and/or requested information, list in Column C the Portfolio page number(s) where the corresponding response appears within the Respondent’s Portfolio. Respondent shall also complete the spreadsheets in the tabs for 4.1 Network Provider Chart and 10.4 Profile of Bundled Services chart. Respondents must submit the final electronic version of Attachment D, Technical Reply, in its original Excel file format (.xlsx) with the Excel workbook intact. Respondents shall not add additional spreadsheets to the workbook or separate the spreadsheets to submit them as separate attachments. Attachment D, Technical Reply, will not count toward the Portfolio’s 80-page limit.

Tab 5 – Cost Reply (Excel) The Respondent shall submit one Cost Reply (Attachment B) in accordance with the instructions in Attachment B and submit the Cost Reply workbook with a response to at least one (1) of the spreadsheets therein (Spreadsheet B-2, B-3, and/or B-4). Respondents must submit the final electronic version in its original Excel file format (.xlsx) with the Excel workbook intact. Respondents shall not add additional spreadsheets to the workbook or separate the spreadsheets to submit them as separate attachments.

The Cost Reply spreadsheet(s) the Respondent chooses to submit a response to shall be completed in its entirety and returned as part of the ITN response.

Note: In the event the Department receives a Cost Reply containing illegible pricing or a mathematical error(s), the Department reserves the right to seek clarification of the prices received and to receive a corrected workbook(s). No material alterations to the original Cost Reply workbook(s) shall be accepted.

Tab 6 – Confidential Information (Optional) Should any portion of the Respondent’s Reply contain confidential information, the Respondent shall submit one additional copy of the entire Reply with all confidential…