APD RFP 2324-007 Dental Progam.pdf

APD RFP 2324‐007

REQUEST FOR PROPOSALS

APD RFP 2324‐007

Dental Program

Commodity Code(s):

85122000, 85122002, 85331700, 85332203, 85332304

4030 Esplanade Way, Ste 215 Tallahassee, FL 32399

Table of Contents

1 INTRODUCTION

1.1 TIMELINE OF EVENTS

1.2 DEFINITIONS

1.3 OBJECTIVE

1.4 TERM

1.5 PROCUREMENT OFFICER

1.6 COMMITMENT TO DIVERSITY

1.7 AGENCY’S RIGHTS TO REJECT PROPOSALS

2 THE RFP PROCESS

2.1 GENERAL OVERVIEW

2.2 QUESTIONS AND ANSWERS

2.3 ADDENDA TO THE RFP

2.4 PUBLIC OPENINGS

2.5 SPECIAL ACCOMODATIONS

2.6 TECHNICAL EVALUATION

2.7 MANDATORY RESPONSIVE REQUIREMENTS

2.8 EQUAL PROPOSALS

2.9 BASIS OF AWARD

2.10 ELECTRONIC POSTING OF NOTICE OF INTENT TO AWARD

2.11 CONTRACT FORMATION

2.12 OTHER REQUIREMENTS FOLLOWING AWARD

3 RESPONDING TO THE RFP

3.1 GENERAL INSTRUCTIONS

3.2 SPECIAL INSTRUCTIONS

3.3 HOW TO ACCESS THE SOURCING EVENT IN THE VENDOR INFORMATION PORTAL

3.4 HOW TO SUBMIT A PROPOSAL

4 AGENCY’S RESERVED RIGHTS

4.1 WAIVER OF MINOR IRREGULARITIES

4.2 RESERVES RIGHTS AFTER NOTICE OF AWARD

4.3 WITHDRAWAL OF RFP

5 INSTRUCTIONS FOR RESPONDING TO THE RFP

5.1 MANDATORY PROPOSAL DEADLINE

5.2 ELECTRONIC PROPOSALS NOT ACCEPTABLE

5.3 NUMBER OF COPIES REQUIRED

5.4 PROPOSALS TO BE IN SEALED PACKAGES

6 RFQ REQUIRED DOCUMENTATION

6.1 TITLE PAGE

6.2 PROPOSAL OUTLINE

6.3 PROPOSAL FORMAT

7 THE SELECTION METHODOLGY

7.1 NOTICE OF AWARD

7.2 FORM PUR 1000, CONTRACT CONDITIONS

7.3 BASIS OF AWARD

7.4 AGENCY’S RESERVED RIGHTS RELATING TO AWARD

8 STATEMENT OF WORK

8.1 DEFINITION OF TERMS

8.2 GENERAL STATEMENT

8.3 SCOPE OF WORK

8.4 MAJOR PROGRAM GOALS

8.5 CLIENTS TO BE SERVED

8.6 RESPONDENT QUALIFICATIONS

8.7 MINIMUM PROGRAMMATIC SPECIFICATIONS

8.8 RESPONDENT REQUIREMENTS FOR PROVIDER NETWORK

8.9 COMMUNITY BASED PARTNERSHIPS

8.10 ADMINISTRATIVE OPERATIONS

8.11 MANAGEMENT INFORMATION SYSTEMS

8.12 PROFESSIONAL QUALIFICATIONS

9 DELIVERABLES

9.1 RECORDS AND DOCUMENTATION

10 RESPONDENT RESPONSIBILITIES

10.1 RESPONDENT UNIQUE ACTIVITIES

11 AGENCY RESPONSIBILITIES

11.1 AGENCY OBLIGIATIONS

11.2 AGENCY DETERMINATIONS

11.3 MONITORING REQUIREMENTS

11.4 CONTRACTING REQUIREMENTS

11.5 INVOICE DOCUMENTATION

11.6 FINANCIAL CONSEQUENCES

11.7 PERFORMANCE MEASURES AND REPORTING

APPENDIX I

APPENDIX II

APPENDIX III

APPENDIX IV

APPENDIX V

APPENDIX VI

APPENDIX VII

APPENDIX VIII

APPENDIX IX

APPENDIX X

1 INTRODUCTION

1.1 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 responsibility of the Respondent to check for any changes on the MyFloridaMarketPlace Vendor Information Portal.

In the event of a technical malfunction or discrepancy in MyFloridaMarketPlace Vendor Information Portal, the Timeline of Events listed in the solicitation document shall prevail. The official solicitation dates and time deadlines are reflected in the Timeline of Events.

Timeline of Events

Event

Time (Eastern

Time) Date

Solicitation posted on Vendor Information Portal (VIP) Vendor Information Portal

5:00pm 01/05/24

Deadline to submit questions in Vendor Information Portal

5:00pm 01/19/24

Agency’s anticipated date of posting Q&A on Vendor Information Portal

01/25/24

Deadline to submit Proposal and all required documents to APD, 4030 Esplanade Way, Suite 280 Tallahassee FL 32399

2:00pm 02/05/24

RFP opening

APD

4030 Esplanade Way, Ste 280 Tallahassee FL 32399

3:00pm 02/05/24

Anticipated period for evaluations 02/12/24 – 02/23/24 Anticipated date to post Notice of Intent to Award on VIP

02/23/24

Anticipated Contract start date 03/01/2024

1.2 DEFINITIONS

Definitions contained in section 287.012, Florida Statutes (F.S.); Rule 60A-1.001, Florida Administrative Code (F.A.C.); Special Contract Conditions; and the PUR1001 General Instructions (PUR 1001, General Instructions to Respondents (10/06)) are incorporated by reference. In the event of a conflict, the definitions listed in this section supersede the incorporated definitions for the purposes of this RFP document. All definitions apply in both their singular and plural sense.

Business Day – 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.

Commodity Code – The State’s numeric code for classifying commodities and contractual services which meet specific requirements, specifications, terms, and conditions herein. Florida has adopted the United Nations Standard Products and Services Code (UNSPSC) for classifying commodities and services.

Confidential Information – Information that is trade secret or otherwise confidential or exempt from disclosure under Florida or federal law.

Contract – The written agreement between the Agency and the awarded Respondent(s) resulting from this solicitation.

Contractor – A Respondent that enters a Contract with the Agency as a result of this solicitation.

Customer – A State Agency or Eligible User.

Proposal – The document(s) submitted by a Respondent in response to this RFP.

Respondent – An organization who submits a Proposal.

State – The State of Florida.

MyFloridaMarketPlace Vendor Information Portal– The State of Florida’s vendor registration, supplier diversity, and bidding system developed in accordance with section 287.042(3), F.S. The MyFloridaMarketPlace Vendor Information Portal is accessible at Vendor Information Portal.

1.3 OBJECTIVE

The Agency for Persons with Disabilities (APD) is issuing this RFP to interested nonprofit organizations for the purpose of providing dental care and related services to the Agency who serves those with developmental disabilities. A nonprofit organization can partner with a for-profit organization for this Contract. This solicitation is issued in accordance with the provisions of Section 287.057, Florida Statutes (F.S.), Chapter 60A-1 of the Florida Administrative Code (F.A.C.), and applicable Agency policies and procedures. Any Respondent interested in responding to the solicitation must comply with any and all of the terms and conditions described in the solicitation. A failure to read, understand, or comply with the terms of the solicitation may result in the Agency’s inability to accept or fully consider the response.

In 2023, the Florida Legislature provided $11,500,000 to competitively procure a contract with a nonprofit organization for a statewide dental service program for the developmentally disabled.

The Agency reserves the right to award a contract with the opportunity for that vendor to subcontract elements of the scope of work as determined to be in the best interest of the State. Respondent(s) awarded a Contract under this RFP shall provide contractual services as described in the Statement of Work section of the solicitation.

1.4 TERM

The anticipated start date of the resulting Contract is ____3/1/2024__. This agreement is effective for five (5) years with the option to renew up to five, one-year renewals, or the term of the original Contract.

Renewal of the agreement shall be in writing and shall be subject to the same terms and conditions set forth in the original RFP. Any renewal shall be contingent upon satisfactory performance evaluations by the Agency and subject to the availability of funds.

1.5 PROCUREMENT OFFICER

In accordance with section 21 of PUR 1001: The Procurement Officer is the sole point of contact for this RFP. Violation of section 21 of the PUR 1001 may be grounds for rejecting a Proposal. The contact information for the Procurement Officer is:

Melissa Hurst Director of Support Services 4030 Esplanade Way, Suite 280, Tallahassee, FL 32399-0950 Phone: 850-922-9922 Email: melissa.hurst@apdcares.org

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

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

1.6 COMMITMENT TO DIVERSITY

The State is committed to supporting its diverse business population through involving woman, veteran, and minority-owned business enterprises in the State’s purchasing process. The Agency supports diversity in its procurements, and requests that all subcontracting opportunities afforded by this solicitation be shared with certified woman, veteran, and minority-owned business enterprises.

The award of subcontracts should reflect the vast array of citizens in the State. Respondents can search for certified businesses online at the Office of Supplier Diversity’s Certified Vendor Directory or by contacting 850-487-0915 for information on certified businesses that may be considered for subcontracting opportunities. The Certified Vendor Directory is accessible at:

http://vendor.myfloridamarketplace.com.

The Office of Supplier Diversity’s Mentor-Protégé Program connects certified businesses with private business entities for business development mentoring. The Agency strongly encourages Respondents doing business with the State to consider becoming a Mentor and participating in this initiative. More information on the Mentor-Protégé Program may be obtained by contacting the Office of Supplier Diversity at 850-487-0915 or by email at: osdinfo@dms.fl.gov.

1.7 AGENCY’S RIGHTS TO REJECT PROPOSALS

The Agency may reject any Proposal not submitted in the manner specified by this solicitation.

Proposals that do not meet all requirements, specifications, terms, and conditions of the solicitation or failure to provide all required information, documents, or materials may be rejected as non-responsive.

Respondents whose Proposals or current status do not reflect the capability, integrity, or reliability to fully and in good faith perform the requirements of the Contract may be rejected as non-responsive.

The Agency reserves the right to determine which Proposals meet the requirements of this solicitation and which Respondents are responsive and responsible.

In this solicitation, the words “should” or “may” indicate desirable attributes or conditions but are permissive in nature. Where language indicates that the attribute or condition is mandatory, the Agency still reserves the right to waive any minor irregularity if the Agency determines that it is in the best interest of the State.

A deviation from a requirement or condition is material if, in the Agency’s discretion, it provides a substantial advantage to one Respondent over another or has a potentially significant effect on the quality of the Proposal or on the cost to the State.

2 THE RFP PROCESS

2.1 GENERAL OVERVIEW

The RFP is a method of competitively soliciting a commodity or contractual service under Chapter 287, F.S. This RFP will be administered through the Vendor Information Portal. Respondents interested in submitting a proposal are to comply with all terms and conditions described in this RFP.

Proposals must be submitted by the date listed in the Timeline of Events section.

2.2 QUESTIONS AND ANSWERS

Respondents will submit all questions during the Question-and-Answer period in writing to the Procurement Officer via email at Melissa.Hurst@apdcares.org. Questions submitted by telephone, postal mail, hand delivery, or fax will not be accepted. The deadline for submission of questions is reflected in the Timeline of Events section.

The Agency 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:

Question # Respondent Name

Section Page # Question

Questions will not constitute a formal protest of the specifications of this RFP. Agency answers to written questions will be issued by posting to the MyFloridaMarketPlace Vendor Information Portal.

2.3 ADDENDA TO THE RFP

The Agency reserves the right to modify this solicitation by addenda. Addenda may modify any aspect of this solicitation. Any addenda issued will be posted on the MyFloridaMarketPlace Vendor Information Portal. It is the Respondent’s responsibility to check this portal for any changes throughout the procurement process and prior to submitting a Proposal.

2.4 PUBLIC OPENINGS

Proposals will be opened, and the names of Respondents will be announced at a public meeting on the date and at the location indicated in the Timeline of Events section. Respondents are not required to attend. In accordance with section 119.071(1)(b), F.S., the Agency will not provide other information regarding the received Proposals at the public opening.

2.5 SPECIAL ACCOMODATIONS

Any person requiring a special accommodation due to a disability should contact the Agency’s Americans with Disabilities Act (ADA) Coordinator at 850-410-1309 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).

2.6 TECHNICAL EVALUATION

The evaluators will independently review and score the Technical Proposal(s) received from responsive and responsible Respondents using the evaluation criteria described in Appendix V, Technical Proposal Instructions and Evaluation Criteria.

2.7 MANDATORY RESPONSIVE REQUIREMENTS

The Agency will not review Proposals from Respondents who do not meet the mandatory responsive requirements listed in Appendix IV.

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

2.8 EQUAL PROPOSALS

In the event that there are no multiple awards contemplated in the RFP, and the Agency receives equal Proposals eligible for award, the Agency will comply with the following, as applicable: sections 287.057(11), 287.087, 287.092, 295.187(4)(a), and 295.187(4)(b), F.S. In order to clarify the Respondents’ status with regard to the applicable statutory preference requriements, the Agency may request information from Respondents with equal eligible Proposals. A Respondent will not be permitted to amend or supplement its Proposal in response to such request for clarification.

2.9 BASIS OF AWARD

The Contract(s) will be awarded to the responsible and responsive Respondent(s) that submits the Proposal(s) with the highest total final score(s) that is determined to be the most advantageous to the State of Florida.

The highest total final score will be determined by combining the Scoring Sheet on Appendix VI, VIII, and IX.

The Agency reserves the right to award multiple Contracts or to award Contract(s) for all or part of the work contemplated by this solicitation.

The Agency reserves the right to reject all Proposals. The Agency reserves the right to award Contract(s) to the next responsible and responsive Respondent(s) that submits the Proposal(s) with the next highest total final score(s) that is determined to be the most advantageous to the State if the Agency cannot execute a Contract with a Respondent initially or previously awarded a Contract.

2.10 ELECTRONIC POSTING OF NOTICE OF INTENT TO AWARD

The Agency will electronically post a ‘Notice of Intent to Award’ on VIP in accordance with the Timeline of Events, Section. The ‘Notice of Intent to Award’ will remain posted for a period of 72 hours, not including Saturdays and Sundays or State holidays, as specified in section 110.117, F.S.

2.11 CONTRACT FORMATION

The Agency may issue a ‘Notice of Intent to Award’ to award Contract(s) to successful Respondent(s).

However, no Contract shall be formed between the Respondent and the Agency until both parties sign the Contract. The Agency shall not be liable for any work performed before the Contract is effective.

The Agency intends to enter into Contract(s) with Respondent(s) pursuant to the ‘Basis for Award’ section of this solicitation. No additional documents submitted by a Respondent shall be incorporated in the Contract unless they are specifically identified, incorporated by reference, and approved by the Agency. If any additional documents are submitted by the Respondent, the additional documents will not be considered for the basis for award.

2.12 OTHER REQUIREMENTS FOLLOWING AWARD

2.12.1 REGISTRATION WITH THE FLORIDA DEPARTMENT OF STATE

If awarded a Contract, and prior to execution of a Contract, the Respondent shall provide a PDF file of its current and active registration with the Florida Department of State or, if exempt from registration, the Respondent shall provide a statement to that effect noting the basis for the exemption. Respondents should note that foreign entities are required to obtain a Florida Certificate of Authorization pursuant to applicable Florida Statutes from the Florida Department of State, Division of Corporations, to transact business in the State of Florida. For additional information, please visit https://dos.myflorida.com/sunbiz/.

2.12.2 FLORIDA SUBSTITUTE FORM W-9

It is 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://flvendor.myfloridacfo.com/.

3 RESPONDING TO THE RFP

3.1 GENERAL INSTRUCTIONS

The PUR 1001, General Instructions to Respondents (10/06), is incorporated by reference and is accessible at PUR 1001 General Instructions.

3.2 SPECIAL INSTRUCTIONS

The following special instructions modify the general instructions provided in the incorporated PUR 1001.

Paragraphs 8 and 13 of the PUR 1001 is inapplicable in its entirety.

Paragraphs 3, 4, 5, 7, 9, 14, 15, 16, 19, and 20 of the PUR 1001 are inapplicable and are replaced as follows:

SECTION 3. ELECTRONIC SUBMISSION OF PROPOSALS. Proposals shall be submitted in accordance with the How to Access the Sourcing Event, in the Vendor Information Portal section.

SECTION 4. TERMS AND CONDITIONS. All Proposals are subject to the terms of this solicitation, which, in case of conflict, will have the order of precedence listed in the ‘Order of Precedence for Solicitation’ section.

The Agency 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. In submitting its Proposal, 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 the ‘Question

Submission’ section of this solicitation.

SECTION 7. CONVICTED VENDOR, DISCRETIONARY VENDOR, AND ANTITRUST VIOLATE

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.

SECTION 9. RESPONDENT’S REPRESENTATION AND AUTHORIZATION.

In submitting a Proposal, the Respondent certifies that it 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, its affiliates, subsidiaries, directors, officers, and employees are not currently under investigation by any governmental authority and have not in the last ten (10) years been convicted or found liable for any act, prohibited by law in any jurisdiction, involving conspiracy or collusion with respect to bidding on any public Contract.

c. The Respondent currently has no delinquent obligations to the State, including a claim by the State for liquidated damages under any other Contract, nor has it defaulted under any Contract with the State.

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

e. The prices and amounts in the Respondent’s Proposal have been arrived at independently and without consultation, communication, or agreement with any other Respondent or potential Respondent; and neither the prices nor amounts of this Proposal, actual or approximate, have been disclosed to any other Respondent or potential Respondent, and they will not be disclosed before the solicitation’s public opening.

f. No attempt has been made or will be made to induce any other Respondent or potential Respondent to refrain from submitting a Proposal, or to submit a price(s) higher that the prices in this Proposal, or to submit any intentionally high or noncompetitive price(s) or other form of complementary Proposal.

g. The Respondent is not prohibited from eligibility for the Contract contemplated in this solicitation for any of the reasons specified in section 287.057(19)(c), F.S.

h. The Respondent has fully informed the Agency 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 state or federal law involving fraud, bribery, collusion, conspiracy, or material misrepresentation with respect to a public Contract. This includes disclosure of the name of current employees who were convicted of Contract crimes while in the employ of another company.

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

1) Has within the preceding three (3) years been convicted of or had a civil judgment rendered against them or is presently indicted for or otherwise criminally or civilly charged for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a federal, state, or local government transaction or public Contract;

violation of federal or state antitrust statutes; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; or

2) Has within a three (3) year period preceding the release of this RFP, had one (1) or more federal, state, or local government Contracts terminated for cause or reason of default.

3) Has a pending criminal investigation by federal, state, or local governmental authority.

j. The commodities or contractual services provided by the Respondent will conform to the specifications without exception.

k. The Respondent has read and understands the Contract terms and conditions, and the submission is made in conformance with the terms and conditions in Attachment A: Draft Contract.

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

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

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

o. All information and representations contained in the Respondent’s Proposal are true and accurate to the best of the Respondent’s knowledge, and no modifications have been made to any RFP attachments submitted with its Proposal. All information provided by, and representations made by, the Respondent are material and important and will be relied upon by the Agency in awarding the Contract. Any misstatement shall be treated as fraudulent concealment from the Agency of the true facts relating to submission of the Proposal. A misrepresentation may be punishable under law, including, but not limited to, Chapter 817, Florida Statutes.

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

q. By submitting its Proposal, the Respondent agrees to and waives any objections to requirements contained in the solicitation, including any addenda thereto.

SECTION 14. FIRM RESPONSE. The Agency intends to make an award within three hundred and sixty-five (365) days after the date of the opening, during which period Proposals shall remain firm and shall not be withdrawn. If an award is not made within three hundred and sixty-five (365) days, the Proposal shall remain firm until the Agency enters into a Contract or the Agency receives from the Respondent written notice that the Proposal is withdrawn.

SECTION 15. CLARIFICATION TO PROPOSALS. No changes, modifications, or additions to the Proposals will be allowed after the Proposals have been opened. However, the Agency reserves the right to seek, and Respondent shall provide, clarifying information or documentation at any time.

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

SECTION 16. MINOR IRREGULARITIES. At its option, the Agency may allow a Respondent to correct minor irregularities but is under no obligation to do so. In doing so, the Agency may request a Respondent to provide clarifying information or additional clarifying material to correct the irregularity.

However, the Agency will not request, and a Respondent may not provide the Agency with, additional materials that affect the price of the Proposal or give the Respondent an advantage or benefit not enjoyed by other Respondents.

SECTION 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 Proposals are public records and are subject to disclosure unless exempt from disclosure by law. If the Respondent considers any portion of its Proposal to be Confidential Information, the Respondent is to mark the document as “confidential” and simultaneously provide the Agency with a separate, redacted copy of its Proposal. 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 Agency’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., Proposals are exempt from production in response to public records requests until such time as the Agency provides notice of an intended decision or until 30 days after opening the Proposals, whichever is earlier. After that time, the Agency 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 Agency will provide the redacted copy to the requestor. If a requestor asserts a right to the redacted Confidential Information, the Agency 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 Agency becomes subject to a demand for discovery or disclosure of documents that are marked as “confidential” in a legal proceeding, the Agency 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 Agency will provide the unredacted materials to the requester.

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

SECTION 20. PROTESTS. Any protest concerning this solicitation should be made in accordance with sections 120.57(3) and 287.042(2), F.S., and Rule Chapter 28-110, F.A.C. Any communication not in accordance with these sections or the solicitation, including questions to the Procurement Officer, will not constitute formal notice of a protest.

3.3 HOW TO ACCESS THE SOURCING EVENT IN THE MyFloridaMarketPlace VENDOR

INFORMATION PORTAL

3.3.1 VENDOR INFORMATION PORTAL REGISTRATION REQUIREMENTS

A Respondent must be registered in MyFloridaMarketPlace Vendor Information Portal to participate in this solicitation from the Advertisements Dashboard in portal referenced above.

To participate in this solicitation, a Respondent must:

a) Create an account through the MyFloridaMarketPlace Vendor Information Portal at https://vendor.myfloridamarketplace.com if not already registered. For information on how to register in the MyFloridaMarketPlace Vendor Information Portal, access MFMP training materials using the link in the MFMP Training section below.

b) Once registered in the MyFloridaMarketPlace Vendor Information Portal and logged into your company’s portal account, search for this solicitation from the Advertisements Dashboard.

3.3.2 MyFloridaMarketPlace (MFMP) TRAINING

MFMP University offers Respondent training materials on the Agency’s MFMP Vendor Training website. Please visit: MFMP Training to access the MFMP Vendor Guide for information on Vendor Information Portal registration, and commodity codes.

3.3.3 MFMP ASSISTANCE

If you need assistance with using MFMP, please contact the MFMP Customer Service Desk at (866) 352-3776 or VendorHelp@myfloridamarketplace.com. Note: specific questions regarding this solicitation must be submitted in accordance with the Questions and Answers section.

3.4 HOW TO SUBMIT A PROPOSAL

3.4.1 CONTENTS OF PROPOSAL

The Respondent’s Proposal 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 Proposals. The only recognized changes to this RFP prior to the opening of Proposals will be written amendments issued by the Agency.

Proposals are to be organized in sections as directed below. Submit a Proposal in accordance with Instructions for Responding to the RFP.

3.4.2 COST OF PROPOSAL PREPARATION

The costs related to the development and submission of a Proposal are the full responsibility of the Respondent and are not chargeable to the Agency.

3.4.3 INDEPENDENT PREPARATION

A Respondent shall not, directly, or indirectly, collude, consult, communicate, or agree with any other Respondent as to any matter related to the Proposal each is submitting. Additionally, a Respondent shall not induce any other Respondent to modify, withdraw, submit, or not submit a Proposal.

3.4.4 FALSE OR ERRONEOUS INFORMATION

A Respondent who submits false or erroneous information may be deemed non-responsible, non-responsive or not awarded a Contract. If the Respondent’s Proposal is found to contain false or erroneous information after contract award, the Contract may be terminated, and the Agency may pursue any other legal action available.

3.4.5 RESTRICTIONS ON COMMUNICATIONS

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.

4 AGENCY’S RESERVED RIGHTS

4.1 WAIVER OF MINOR IRREGULARITIES

The Agency reserves the right to waive minor irregularities when to do so would be in the best interest of the State of Florida. A minor irregularity is a variation from the terms and conditions of this RFP which does not affect the price of the proposal or give the prospective Respondent a substantial advantage over other prospective Respondents and thereby restrict or stifle competition, and which does not adversely impact the interest of the Agency. At its option, the Agency may correct minor irregularities but is under no obligation to do so. In doing so the Agency may request a prospective Respondent to clarify information or provide additional materials to correct the irregularity. However, the Agency will not request, and a prospective Respondent may not provide the Agency with additional materials that affect the price of the proposal or give the Respondent an advantage or benefit not enjoyed by other Respondents.

4.2 RESERVES RIGHTS AFTER NOTICE OF AWARD

The Agency reserves the right, after posting notice thereof, to withdraw or amend its Notice of Award and reopen discussions with any prospective Respondent at any time prior to execution of a Contract.

4.3 WITHDRAWAL OF RFP

The Agency reserves the right to withdraw the RFP at any time, including after an award is made when to do so would be in the best interest of the State of Florida, and by doing so assumes no liability to any prospective Respondent.

5 INSTRUCTIONS FOR RESPONDING TO THE RFP

5.1 MANDATORY PROPOSAL DEADLINE

All proposals must be received by the Procurement Manager by the deadline, and at the location set forth in the Timeline of Events section.

5.2 ELECTRONIC PROPOSALS NOT ACCEPTABLE

Facsimile or electronic transmissions of proposals will not be accepted. The prospective Respondent may choose the appropriate means for delivery and is responsible for receipt of the proposal by the Procurement Manager at the address listed in the Procurement Officer Section by the date and time indicated in Timeline of Events section. Late proposals will not be evaluated.

5.3 NUMBER OF COPIES REQUIRED

Prospective Respondents shall submit one (1) original and four (4) copies of the Proposal. The original Proposal submitted to the Agency must contain an original signature of an official who is authorized to bind the Respondent to their proposal. Respondents are encouraged not to use three (3) ring binders.

5.4 PROPOSALS TO BE IN SEALED PACKAGES

Proposals must be delivered in sealed envelopes/boxes. The outside of each package must be clearly marked with the title of the proposal, the RFP number, the Respondent's name, and identification of enclosed documents. The original proposal must be clearly marked as such, and the copies identified and numbered (i.e., original, copy #1 of 4, etc.).

6 RFQ REQUIRED DOCUMENTATION

6.1 TITLE PAGE

The first page of the proposal shall be a Title Page that contains the following information:

AGENCY FOR PERSONS WITH DISABILITIES

APD RFP 2324-007 DENTAL PROGRAM

ATTN: Melissa Hurst Prospective Respondent’s Name Name, title, telephone number and address of person who can respond to inquiries regarding the proposal.

6.2 PROPOSAL OUTLINE

Proposal shall be submitted in the following format in a complete and concise manner so that the members of the evaluation team can understand the proposal and appropriately score the proposal.

Respondents are cautioned to address all items contained in this section. See Appendix V, Technical Proposal Instructions and Evaluation Criteria.

UNDERSTANDING OF THE PURPOSE

The Respondent’s proposal shall include the following information to describe and demonstrate their competence, capabilities, approach, and understanding of the services:

a) A narrative that describes and demonstrates that the prospective Respondent’s competence, capability, and compatibility are consistent with the Agency’s need to provide dental and related services to clients of APD.

b) A narrative that demonstrates an understanding of the performance requirements, which are reflected in the Minimum Programmatic Specifications Section.

c) A narrative that describes what the prospective Respondent will do to assure contract performance specifications are met.

ABILITY TO DELIVER

The prospective Respondent’s proposal shall include information to describe and demonstrate its ability to perform and provide all items addressed in the programmatic specifications and its organizational qualifications (and those of any subcontractor with substantial responsibility for this project) to fulfill/deliver the requirements associated with this RFP. The proposal should promote the Agency’s major service goals to:

a) Promote good dental health for individuals with developmental disabilities through the delivery of preventive and comprehensive dental services.

b) Increase access to dental care for individuals with developmental disabilities throughout the State.

c) Increase community integration for individuals with developmental disabilities which will enable such individuals to achieve their greatest potential for independent and productive living.

COMPANY PROFILE

This section profiles detailed information on the organization and status of the companies that may perform the Contract and shall include the following information to describe and demonstrate the adequacy and professional capabilities of the Respondent’s staff, to fulfill service requirements:

Provide the company’s legal name, date incorporated and state of incorporation (if not incorporated, indicate date started in business and type of business, e.g., sole proprietorship, partnership, etc.).

a) Provide federal identification number and unemployment compensation number.

b) Describe company organization and, if applicable, relationships with subsidiaries, parent corporations and affiliates or other related companies; include organization charts and details concerning facilities that serve markets/areas within Florida.

c) Describe company’s principal type of business.

d) Document company’s insurability and bonding capacity.

e) If Respondent has defaulted on a Contract, or had a Contract terminated for cause, within the past five years, describe in detail.

f) Certify that the company is not delinquent paying taxes to the federal government, the State, or any governmental authority, describe in detail.

g) If the company has filed for bankruptcy protection within the past five years or is currently in the process of filing or planning to file for bankruptcy protection or financial restructuring or refinancing, describe in detail.

h) If entering into the Contract would give rise to an apparent or actual conflict of interest, describe in detail.

i) If the company has any pending or threatened litigation by or against the State, or any other governmental authority.

j) If the company has any pending criminal referral or investigation by a governmental authority.

COMPANY HISTORY, PROJECT TEAM, AND SUBCONTRACTORS

COMPANY HISTORY

The Respondent shall provide the minimum following information in each of the four (4) areas listed below to support Respondent’s qualifications and experience.

a) Company History and Experience - Summarize the company’s history and experience performing similar services for public entities (or similar private organizations), including number of years of service. Specify which areas within Florida where the history and experience apply.

b) Provide detailed examples of similar work experiences. In addition to overall company experience, focus on the experience of the individuals you propose to assign to the project.

c) Demonstrate in detail whether the experience is similar to what is requested in this solicitation, and whether the organization for which the services were provided is comparable to the State in terms of its nature, size, and mission. Include the number of current similar Contracts, and the specific services provided under each Contract. For each current similar Contract, provide the name of a contact person, with address and telephone number. Supply references from three other clients that you deem most representative of your ability to perform this Contract.

d) Current Contracts - Submit a list of current Contracts of similar size and scope wherein the Respondent has provided services as a contractor, subcontractor, or partner. The list shall also contain the name, contact name and address, telephone number and e-mail address of the entity who received the services from the Respondent. Also, the listing shall include a detailed description of the services provided to the identified customer. Consideration shall be given to the duration of such Contracts, the volume of services and the quality of services provided.

PROJECT TEAM

a) Provide a listing of each team member that the Respondent will be using to provide the services. The listing shall provide the team member’s name, title, years of services with Respondent, and resume with a description of the duties and responsibilities of each identified team member.

b) An organizational chart that displays the function of each staff member.

c) A comprehensive staffing plan which includes education level and position description for on-site liaison staff.

d) Resumes of each proposed staff member, whether a direct employee, subcontractor, or sub-consultant, by position title and proposed staff member name that will be directly involved in service delivery for this RFP.

e) Provide a listing of volunteers the Respondent will be using to provide the services.

SUBCONTRACTORS

A nonprofit organization can subcontract with a for-profit organization for this Contract. If the Respondent proposes to use any subcontractors, you must provide the following information:

a) Describe experience as a prime contractor managing subcontractors, and the plan to manage and coordinate any proposed subcontractors.

b) Describe in detail what tasks the subcontractors will be performing and what total percent of the Contract will be subcontracted to other Respondents at the time the RFP response is submitted.

c) The Agency reserves the right to approve or reject any subcontractor for any reason.

BUSINESS PLAN

Provide a detailed narrative description of how the Respondent plans to meet or exceed the Agency’s needs as set forth in Section, Statement of Work, of this solicitation package. Describe and identify the current and planned resources and employees that will be deployed and assigned to the project.

Please describe how resources will be deployed in the selected areas. Provide suggestions for performance measures, in addition to those stated in this document, which may be considered in the final Contract as well as clear documentation substantiating your ability to perform.

DATA INFRASTRUCTURE

Respondents are required to supply a monthly extract from a database of information for sharing with APD relating to (but not limited to) services rendered, client demographics, and detailed invoicing information. The referenced monthly extract should be shared with APD through an agreed upon secured platform and is in addition to reporting requirements. Provide a detailed narrative description of how the Respondent plans to meet or exceed the Agency’s needs as set forth in the Respondent Qualifications Section. Minimum Specifications of this solicitation package. Below is the minimum requirement for all Management Information Systems and any database under the Contract:

a) The system must comply with the administrative safeguards provided in HIPAA rules 45 CFR 164.308, and with the applicable physical and technical safeguards provided in 45 CFR

164.310 and 164.312.

b) The system must implement Transport Layer Security (TLS) communications (at least vs. 1.2) over all network communications channels and must not allow renegotiation or connections where another party requires weakened encryption strength. TLS implementations providing Perfect Forward Secrecy may be preferred.

c) The system must provide data backup and disaster recovery capabilities with a Recovery Time

Objective (RTO) of not more than 24 hours.

d) The system should provide end user support, and user documentation or training.

e) The system should be Americans with Disabilities Act (ADA) compliant.

f) The Agency for Persons with Disabilities (APD) will retain exclusive ownership of the system data, and the Respondent shall not transfer, sell, or otherwise share the system data with any third party without APD’s explicit written permission.

g) The system and its data shall be hosted and contained only within the United States of

America.

Respondents are required to submit in their proposal documentation that clearly indicates their database meets or exceeds this requirement.

COST PROPOSAL

A budget narrative and specific line-item costs that clearly supports the equipment and services clearly defined in Section, Statement of Work. In addition to the cost proposal, Respondents shall include a detailed plan for administrative costs to operate the program. This plan should also include a proposal as to how these costs will be disbursed throughout the life of the contract.

FINANCIAL STRENGTH AND CAPACITY PROPOSAL

For the not-for-profit organizations, the proposal shall include the most recent IRS Form 990, detailing the total compensation for the entities’ executive leadership teams. Total compensation shall include salary, bonuses, cashed-in leave, cash equivalents, severance pay, retirement benefits, deferred compensation, real-property gifts, and any other payout. In addition, contracted entities must agree through appropriate Contract or grant agreement amendment to inform the Agency of any changes in total executive compensation between the annual reports. All compensation reports must indicate what percentage of compensation comes directly from the State or Federal allocations to the contracted entity. The prospective Respondent’s proposal shall include information to determine their Financial Stability to include copies of Respondent’s independent financial and compliance audit reports and/or certified financial statements for the three most recent fiscal years. The copies should include all applicable financial statements, auditor’s reports, management letters, and any corresponding re-issued audit components. If the prospective Respondent does not have audit reports for the three most recent years, reviewed or compiled financial statements with the applicable Certified Public Accountant's report should be submitted. A newly created entity should submit the requested financial reports from the owner(s) or corporate officers.

Financials must be submitted for the entity that is bidding. If the Respondent is a subsidiary (a company controlled or held by another company) you must indicate, in detail, the relationship to any parent company, sister companies, corporations, limited liability company, etc. and the percentage of ownership. A subsidiary is a company whose parent is the majority shareholder that own more than 50% of all shares. Respondents must indicate if the subsidiary is wholly owned and if wholly owned must submit its own financials and not the financials of the parent company. Failure to file the correct financial documents may result in disqualification. This same information must be provided as applicable for each subcontractor included in the proposal.

In addition, the successful Respondent must comply with the Florida Single Audit Act per Chapter 215.97, F.S.

TECHNICAL PROPOSAL

The Respondent shall prepare…