DOH23-040 Final.pdf

TITLE PAGE

FLORIDA DEPARTMENT OF HEALTH

DOH23-040

INVITATION TO BID (ITB)

FOR

Electronic Oral Health Record

Respondent Name:

Respondent Mailing Address:

City, State, Zip:

Phone: Fax Number:

E-Mail Address:

Federal Employer Identification Number (FEID):

BY AFFIXING MY SIGNATURE ON THIS BID TITLE PAGE, I HEREBY STATE THAT I HAVE

READ THE ENTIRE ITB TERMS, CONDITIONS, PROVISIONS, AND SPECIFICATIONS AND

ALL ITS ATTACHMENTS, INCLUDING THE REFERENCED PUR 1000 AND PUR 1001.

I hereby certify that my company, its employees, and its principals agree to abide to all of the terms, conditions, provisions and specifications during the competitive solicitation and any resulting Contract including those contained in the Department’s Purchase Order Terms and Conditions.

Signature of Authorized Representative:

Printed (Typed) Name and Title:

*An authorized representative is an officer of the Respondent’s organization who has legal authority to bind the organization to the provisions of this Bid. Documentation establishing delegated authority must be included with the Bid if signed by someone other than the authorized representative.

Invitation to Bid Electronic Oral Health Record Page | 2

TABLE OF CONTENTS

SECTION 1.0: Introductory Materials

SECTION 2.0: Procurement Process, Schedule, & Constraints

SECTION 3.0: Instructions for Bid Submittal

SECTION 4.0: Special Conditions

ATTACHMENT A: Scope of Work

ATTACHMENT B: Price Page

ATTACHMENT C: Prior Experience Form

ATTACHMENT D: Statement of Non-Collusion Form

ATTACHMENT E: Respondent Certification Regarding Scrutinized Companies List...…

ATTACHMENT F: Identical Tie Certification Form……………………………………….….

ATTACHMENT G: Application, Data Security, and Confidentiality……………….…….…

ATTACHMENT H: Foreign Countries of Concern Attestation

ATTACHMENT I: Subcontractors List…………………………………………………….….

ATTACHMENT J: HIPAA Business Associate Agreement…………………………….….

ATTACHMENT K: Background and Drug Screening Attestation……………………….….

ATTACHMENT L: Foreign State Preference Opinion Form………………………….…….

ATTACHMENT M: Vendor Certification (PUR 7801) ………………………………………..

ATTACHMENT N: Forced Labor Certifications (PUR 2024) …………….………..……..….

EXHIBIT A: Dental Locations………………………….……………………………………….

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SECTION 1.0 INTRODUCTORY MATERIALS

1.1 Statement of Purpose

The purpose of this Invitation to Bid (ITB) is for the State of Florida, Department of Health (Department) to obtain competitive prices for a Cloud-based Electronic Oral Health Record (EOHR) for the Dental Locations as identified on Exhibit A that will integrate with the Department’s Health Management System (HMS), development and launch of a Patient Upload Application Programming Interface (API); and development and launch of API messaging.

1.2. Legal Authority

Chapter 287 and section 381.0052, Florida Statutes.

1.3 Scope of Work

A detailed scope of work for this solicitation is provided as Scope of Work (Attachment A), in this ITB.

1.4 Incorporation by Reference

The PUR 1001, General Instructions to Respondents (PUR 1001), and PUR 1000, General Contract Requirements (PUR 1000), are hereby incorporated by reference to the terms of this solicitation. Refer to Sections 3.1 and 4.1 of this ITB for further detail.

1.5 Definitions

In addition to the definitions in the PUR 1000 and PUR 1001, and the Scope of Work (Attachment A), the following definitions also apply to this ITB:

Bid: The complete written response of Provider to this ITB, including properly completed forms, supporting documents, and attachments.

Business Days: Monday through Friday, excluding state holidays.

Business Hours: 8:00 a.m. to 5:00 p.m., Eastern Time on all business days.

Calendar Days: All days, including weekends and holidays.

Certified Minority Business Enterprise: A business certified by any local governmental jurisdiction or organization accepted by the Department of Management Services, Office of Supplier Diversity (DMS), as a certified minority business enterprise for purposes of doing business with state government when DMS determines that the state’s minority business enterprise certification criteria are applied in the local certification process in accordance with section 287.0943, Florida Statutes.

Contract: The formal agreement or Order that will be awarded to the successful Provider under this ITB, unless indicated otherwise.

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Department: The Department of Health; may be used interchangeably with DOH.

Minor Irregularity: As used in the context of this solicitation, indicates a variation from the ITB terms and conditions which does not affect the price of the Bid, or give the Respondent an advantage or benefit not enjoyed by other Respondents, or does not adversely impact the interests of the Department.

Order: As used in the context of this solicitation, refers to a Purchase Order.

Respondent: The business entity that submits a Bid.

Provider: The successful Respondent awarded a contract by the Department in accordance with the terms of this ITB.

State: State of Florida.

State Holidays: New Year’s Day, Martin Luther King, Jr. Day, Memorial Day, Independence Day, Labor Day, Veteran’s Day, Thanksgiving Day, Friday After Thanksgiving, Christmas Day.

Vendor Information Portal (VIP): Refers to the State of Florida’s internet-based vendor information system, which is available at:

https://vendor.myfloridamarketplace.com.

Where there is a conflict between a definition in this solicitation, Section 1.5, above, and the definition in Scope of Work (Attachment A), the definition in this solicitation will prevail when the term is used in this solicitation. The definition in the Scope of Work (Attachment A), will prevail when the term is used in the Scope of Work (Attachment A).

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SECTION 2.0 PROCUREMENT PROCESS, SCHEDULE, & CONSTRAINTS

2.1 Procurement Officer

The Procurement Officer assigned to this solicitation is:

Florida Department of Health Attention: Chris Lowery 4052 Bald Cypress Way, Bin B07 Tallahassee, FL 32399-1749 Email: Christina.Lowery@flhealth.gov

******ALL EMAILS TO THE PROCUREMENT OFFICER MUST CONTAIN THE

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

2.2 Restrictions on Communications

Pursuant to section 287.057(25), Florida Statutes, 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 listed in Section 2.1., above. Violation of this provision may be grounds for rejecting a Bid.

2.3 Term

It is anticipated that the Contract resulting from this ITB will be for a three-year period from April 1, 2025 or the Contract execution date whichever is later, subject to renewal as identified in Section 2.4. The Contract resulting from this ITB is contingent upon availability of funds.

2.4 Renewal

The Contract resulting from this solicitation may be renewed. Renewals may be made for no more than three years beyond the initial Contract, or for the term of the original Contract, whichever is longer. Renewals must be in writing, subject to the same terms and conditions set forth in the initial Contract and any written amendments signed by the parties. Renewals are contingent upon satisfactory fiscal and programmatic performance evaluations as determined by the Department and are subject to the availability of funds.

2.5 Timeline

EVENT DUE DATE LOCATION

ITB Advertised / Released 2/14/2025 Posted to the Vendor Information Portal https://vendor.myfloridamarketplace.com https://vendor.myfloridamarketplace.com/

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Questions Submitted in

Writing

Must be received

PRIOR TO:

2/21/2025 5:00 pm

Submit to: Florida Department of Health Central Purchasing Office

Attention: Chris Lowery Suite 310 4052 Bald Cypress Way, Bin B07 Tallahassee, FL 32399-1749 E-mail: christina.lowery@flhealth.gov

Answers to Questions

(Anticipated Date) 3/4/2025 Posted to Vendor Information Portal at:

https://vendor.myfloridamarketplace.com

Sealed Bids Due and Opened

Must be received

PRIOR to:

3/13/2025 1:30 pm

PUBLIC OPENING

Submit to: Florida Department of Health Chris Lowery Suite 310 4052 Bald Cypress Way, Bin B07 Tallahassee, FL 32399-1749

Anticipated Posting of Intent to Award 3/24/2025 Posted to the Vendor Information Portal at:

https://vendor.myfloridamarketplace.com

2.6 Addenda

If the Department finds it necessary to supplement, modify, or interpret any portion of the solicitation during the procurement process, a written addendum will be posted on the VIP.

It is the responsibility of the Respondent to be aware of any addenda that might affect this ITB or their Bid.

2.7 Questions

This provision takes precedence over General Instruction #5 in PUR1001.

Questions related to this solicitation must be received in writing (either via United States Postal Service, courier, e-mail, or hand-delivery) by the Procurement Officer identified in Section 2.1, within the time indicated in Section 2.5. Verbal questions or those submitted after the period specified in Section 2.5 will not be addressed.

Answers to questions submitted in accordance with Section 2.5 will be posted on the

VIP.

Attendance at the mandatory site visit and signing of the attendance sheet is a prerequisite for the Respondent being deemed responsive under this ITB.

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2.8 Basis of Award

A single award will be made to the responsive, responsible Respondent offering the lowest grand total for the services requested in this ITB, including delivery, FOB destination. The Department reserves the right to not make an award under this ITB, as determined to be in the best interest of the State.

2.9 Identical Outcomes

In the event the Department’s evaluation results in identical scoring outcomes between two or more Respondents, the Department will provide the Identical Tie Certification, Attachment F, form for the affected Respondents to complete. If one or more Respondents are entitled to the certified veteran business enterprise preference specified in section 295.187, Florida Statutes, and one or more business entitled to this preference or another preference provided by law submit bids, proposals, or replies for procurement of commodities or contractual services which are equal with respect to all relevant considerations, including price, quality, and service, the Department will award the procurement or contract to the business having the smallest net worth. If one or more Respondents has the certified veteran preference, it and any other vendor entitled to another preference provided by law will be requested by the Department to submit Respondents net worth.

In the event the Department is unable to select a Respondent using the Tie Breaker Criteria specified in Attachment F, and the net worth criteria above, or if the net worth criteria above does not apply, then, the affected Respondent(s) name will be placed in a container for the Department’s Procurement Officer to randomly select the awardee of this solicitation. The date, time, and location will be posted on VIP.

2.10 Modifications and Withdrawal

A Respondent may modify or withdraw its Bid at any time prior to the submittal deadline, as specified in Section 2.5, by submitting a request to the Procurement Officer. Requests for modification or withdrawal of a submitted Bid must be in writing and signed by an authorized signatory of the Respondent. Upon receipt and acceptance of such a request, the entire Bid will be returned to the Respondent and will not be considered unless resubmitted by the Bid due date and time.

2.11 Clarification Process

The Department may request clarification from the Respondent to resolve ambiguities or to question minor irregularities presented in its Bid. Clarifications may be requested throughout this procurement process. The Respondent’s answers to requested clarifications must be in writing and address only the information requested. The Respondent’s answers to requested clarifications must be submitted to the Department within the time specified by the Department.

2.12 Contract Formation

The Department will enter into a Contract with the Provider pursuant to Section 2.8, Basis of Award. The Contract will incorporate the terms of the Scope of Work (Attachment A), Electronic Oral Health Record Page | 8 the Department’s Purchase Order, and the awarded Provider’s Price Page (Attachment B).

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SECTION 3.0 INSTRUCTIONS FOR BID SUBMITTAL

3.1 General Instructions to Respondents (PUR 1001)

The General Instructions to Respondents (PUR 1001) is incorporated by reference in this solicitation. This document should not be returned with the Bid. The PUR 1001 is located at http://dms.myflorida.com/content/download/2934/11780.

The terms of this solicitation control over any conflicting terms of the PUR1001.

3.2 Instructions for Submittal

3.2.1 Respondents must complete, sign, and return the “Title Page” with their Bid submittal.

3.2.2 Respondents must complete and return the Price Page (Attachment B) with their Bid submittal.

3.2.3 Respondents must submit all technical and pricing data in the formats specified in the ITB.

3.2.4 Respondents must submit one original paper copy of their Bid and one original copy on a single USB storage device, or CD viewable in Adobe Acrobat Reader (PDF). The electronic copy submitted must contain the entire Bid as the submitted original copy, including all supporting and signed documents. Refer to Section

3.4 for information on redacting confidential information, if applicable.

3.2.5 Bids must be sent by United States Postal Service, courier, or hand delivered to the location indicated in Section 2.5, Timeline.

3.2.6 Bids submitted via electronic mail (email) or facsimile will not be considered.

3.2.7 Bids must be submitted in a sealed envelope or sealed package with the solicitation number, date, and time of the Bid opening clearly marked on the outside.

3.2.8 The Department is not responsible for improperly marked Bids.

3.2.9 It is the Respondent’s responsibility to ensure its Bid is submitted at the proper place and time indicated in Section 2.5, Timeline.

3.2.10 Bids must be received by the date and time specified in Section 2.5, Timeline.

3.2.11 The Department’s clocks will provide the official time for Bid receipt.

3.2.12 Materials submitted will become the property of the State and accordingly, the State reserves the right to use any concepts or ideas contained in the Bid.

3.3 Cost of Preparation

Neither the Department nor the State is liable for any costs incurred by a Respondent in responding to this solicitation.

http://dms.myflorida.com/content/download/2934/11780

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3.4 Public Records and Trade Secrets

Notwithstanding any provisions to the contrary, public records must be made available pursuant to the provisions of the Public Records Act. If Respondent considers any portion of their Bid to this solicitation to be confidential, exempt, trade secret, or otherwise not subject to disclosure pursuant to Chapter 119, Florida Statutes, the Florida Constitution, or any other authority, Respondent must segregate and clearly mark the document(s) as

“CONFIDENTIAL”.

Simultaneously, Respondent will provide the Department with a separate redacted paper and electronic copy of their Bid and briefly describe in writing the grounds for claiming exemption from the public records law, including the specific statutory citation for such exemption. This redacted copy must contain the solicitation name, number, and the name of Respondent on the cover, and must be clearly titled “REDACTED COPY”.

The redacted copy must be provided to the Department at the same time Respondent submits its Bid and must only exclude or obliterate those exact portions which are claimed confidential, proprietary, or trade secret. Respondent will be responsible for defending its determination that the redacted portions of their Bid are confidential, trade secret, or otherwise not subject to disclosure. Further, Respondent must protect, defend, and indemnify the Department for all claims arising from or relating to the determination that the redacted portions of their Bid are confidential, proprietary, trade secret, or otherwise not subject to disclosure. If Respondent fails to submit a redacted copy with their Bid, the Department is authorized to produce the entire documents, data, or records submitted by Respondent in answer to a public records request for these records.

3.5 Price Page

Respondent must fill out the Price Page (Attachment B), as indicated, and return it with their Bid.

3.6 Prior Experience Form

3.6.1. Respondents must provide contact information for three entities the Respondent has provided services of a similar size and nature of those requested in this solicitation. Respondents must use Attachment C, Prior Experience Form of this ITB to provide the required information. The Department reserves the right to contact any and all entities in the course of this solicitation in order to verify experience.

3.6.2. Attachment C must reflect the following information:

3.6.2.1. Respondent has a minimum of six years of verifiable experience maintaining electronic oral health record solutions as specified in Section 4.4 of Attachment A, Scope of Work

3.6.2.2. Respondent’s employees/contractors have at least six years’ cumulative experience in Healthcare data standards such as Health Level Seven (HL7), Fast Healthcare Interoperability Resources (FHIR), or Clinical Document Architecture (CDA)

3.6.2.3. Respondent’s employees/contractors have at least six years’ cumulative experience in Health information privacy laws such as the Health Insurance Portability and Accountability Act (HIPAA)

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3.6.2.4. Respondent’s employees/contractors have at least six years’ cumulative experience in Application Programming Interfaces (APIs).

3.7 Subcontractor List

Respondent may enter into written subcontracts for performance of services under the Contract resulting from this solicitation. Any anticipated subcontract agreements known at the time of Bid submission and the amount of the subcontract must be identified in the Bid. If a subcontract has been identified at the time of Bid submission, a copy of the proposed subcontract must be submitted to the Department. No subcontract that Respondent enters into with respect to performance under the Contract will in any way relieve Respondent of any responsibility for performance of its Contract responsibilities with the Department. The Department reserves the right to request and review information in conjunction with its determination regarding a subcontract request and reject any subcontractor proposed by the Respondent in its Bid.

The Respondent must complete Attachment I, Subcontractors List, in its entirety and submit it with the Bid.

3.8 Special Accommodations

Persons with disability requiring special accommodations should call the Department’s Purchasing office at least five business days, prior to any pre-Bid conference, Bid opening, or meeting at (850) 245-4199. If hearing or speech impaired, please contact the Department’s Purchasing office through the Florida Relay Service, at 1-800-955-8771

(TTY).

3.9 Responsive and Responsible (Mandatory Requirements)

Respondents must complete and submit the following mandatory information or documentation as part of their Bid by the time specified in Section 2.5. Any Bid which does not contain the information below will be deemed non-responsive to this ITB.

3.9.1. Title Page must be completed, signed, and submitted with the Bid.

3.9.2. Price Page (Attachment B), as specified in Section 3.5.

3.9.3. Prior Experience Form (Attachment C), as specified in Section 3.6. Attachment C must reflect the following information:

3.9.3.1. Respondent has a minimum of six years of verifiable experience maintaining electronic oral health record solutions as specified in Section 4.4 of Attachment A, Scope of Work

3.9.3.2. Respondent’s employees/contractors have at least six years’ cumulative experience in Healthcare data standards such as Health Level Seven (HL7), Fast Healthcare Interoperability Resources (FHIR), or Clinical Document Architecture (CDA)

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3.9.3.3. Respondent’s employees/contractors have at least six years’ cumulative experience in Health information privacy laws such as the Health Insurance Portability and Accountability Act (HIPAA)

3.9.3.4. Respondent’s employees/contractors have at least six years’ cumulative experience in Application Programming Interfaces (APIs).

3.9.4. Statement of Non-Collusion (Attachment D) as specified in Section 4.3.

3.9.5. Respondent Certification Regarding Scrutinized Companies Lists

(Attachment E) as specified in Section 4.2.

3.9.6. Foreign Countries of Concern Attestation (Attachment H) as specified in

Section 4.8.

3.9.7. Application, Data Security, and Confidentiality (Attachment G) as specified in Section 4.7.

3.9.8. Subcontractors List (Attachment I) as specified in Section 3.8.

3.9.9. Bids must document the Respondent’s ability to meet the requirements specified in Attachment A, Scope of Work.

3.9.10. Vendor Certification (PUR 7801) (Attachment M) must be completed and submit with the Bid.

3.9.11. Forced Labor Certifications (PUR 2024) (Attachment N), as specified in

Section 4.7.

3.9.12. Advance Payment Request, if applicable, as specified in Section 4.18.

3.10 Late Bids

The Procurement Officer must receive Bids pursuant to this ITB no later than the date and time specified in Section 2.5. Bids that are not received by the date and time specified will not be considered.

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SECTION 4.0 SPECIAL CONDITIONS

4.1 PUR 1000, General Contract Conditions

The PUR 1000 is incorporated by reference in this ITB and contains general Contract terms and conditions that will apply to any Contract resulting from this ITB, to the extent they are not otherwise modified. This document should not be returned with the Bid. The PUR 1000 is located at http://dms.myflorida.com/content/download/2933/11777.

The terms of this solicitation control over any conflicting terms of the PUR 1000.

Paragraph 31 of PUR 1000 does NOT apply to this ITB or any resulting contract.

4.2 Scrutinized Companies

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

Refer to Respondent Certification Regarding Scrutinized Companies Lists Form, Attachment E.

4.3 Conflict of Interest and Statement of Non-Collusion

Section 287.057(17)(c), Florida Statutes, provides “A person who receives a contract that has not been procured pursuant to subsections (1)-(3) to perform a feasibility study of the potential implementation of a subsequent contract, who participates in the drafting of a solicitation or who develops a program for future implementation, is not eligible to contract with the agency for any other contracts dealing with that specific subject matter, and any firm in which such person has any interest is not eligible to receive such contract. However, this prohibition does not prevent a vendor who responds to a request for information from being eligible to contract with an agency.”

The Department considers participation through decision, approval, disapproval, recommendation, preparation of any part of a purchase request, influencing the content of any specification or procurement standard, rendering of advice, investigation, or auditing or any other advisory capacity to constitute participation in drafting of the solicitation.

Refer to Statement of Non-Collusion Form, Attachment D.

4.4 Certificate of Authority

All limited liability companies, corporations, corporations not for profit, and partnerships seeking to do business with the State must be registered with the Florida Department of State in accordance with the provisions of Chapters 605, 607, 617, and 620, Florida Statutes, respectively, prior to Contract execution. The Department retains the right to ask for verification of compliance before Contract execution. Failure of the Provider to http://dms.myflorida.com/content/download/2933/11777

Electronic Oral Health Record Page | 14 have appropriate registration may result in withdrawal of the Contract award and forfeiture of its Bid Bond, if applicable.

4.5 Provider Registration

Each Provider doing business with the State for the sale of commodities or contractual services as defined in section 287.012, Florida Statutes, must register in the MyFloridaMarketPlace system, unless exempted under Rule 60A-1.033, Florida Administrative Code. State agencies must not enter into an agreement for the sale of commodities or contractual services as defined in section 287.012, Florida Statutes, with any Respondent not registered in the MyFloridaMarketPlace system, unless exempted by rule. The Provider must be registered in the MyFloridaMarketPlace system within five days after posting of the Intent to Award.

Registration may be completed at: https://vendor.myfloridamarketplace.com

A Provider lacking internet access may request assistance from MyFloridaMarketPlace Customer Service at 866-352-3776 or from State Purchasing, 4050 Esplanade Drive, Suite 300, Tallahassee, FL 32399.

4.6 Minority, Women, and Florida Veteran Business Participation

The Department encourages certified minority, women, and Florida veteran business participation in all its solicitations.

4.7 Data Security and Confidentiality

The Contractor, its employees, subcontractors, and agents must comply at all times with all Department data security procedures and policies during the performance of the resulting agreement as specified in this solicitation.

All Respondents must complete and submit the ATTACHMENT G, Application, Data Security, and Confidentiality form, with its bid submittal.

4.8 Foreign Countries of Concern

In accordance with section 287.138, Florida Statutes, the Department may not accept a bid, proposal, or reply for a contract which would grant Respondent access to Personal Identifying Information unless the Respondent provides the Department with an attestation signed by an officer or representative of the Respondent on Form PUR 1355, “Foreign Country of Concern Attestation” Form.

All Respondents must complete and submit the ATTACHMENT H, Foreign Countries of Concern Attestation form, with its bid submittal.

https://vendor.myfloridamarketplace.com/

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4.9 Forced Labor Certifications (PUR 2024)

In accordance with section 787.06(13), Florida Statutes and section 287.1346(4)(b), Florida Statutes, Respondents must complete and submit ATTACHMENT N, Forced Labor Certifications (PUR 2024), with its Bid.

4.10 Indemnification

Provider must save and hold harmless and indemnify the Department against any and all liability, claims, judgments, or costs of whatsoever kind or nature for injury to, or death of any person or persons and for loss or damage to any property resulting from the use, service operation, or performance of work under the terms of the Contract, resulting in whole or in part from the negligent acts or omissions by Respondent, their subcontractor, or any of the employees, agents, or representatives of Respondent or subcontractor.

4.11 Performance Measures

Pursuant to section 287.058, Florida Statutes, the resulting Contract must contain performance measures which specify the required minimum level of acceptable service to be performed. The performance measures are detailed in the Scope of Work (Attachment A).

4.12 Financial Consequences

Pursuant to section 287.058, Florida Statutes, the resulting Contract must contain financial consequences that will apply if successful Respondent fails to perform in accordance with the Contract terms. The financial consequences are detailed in the Scope of Work (Attachment A).

4.13 Order Terms and Conditions

Respondent must become familiar with the Department’s Order Terms and Conditions which contains administrative, financial, and non-programmatic terms and conditions mandated by federal laws, state statutes, administrative code rules, and directive of the Department of Financial Service’s Chief Financial Officer.

Use of the Department’s Order Terms and Conditions are mandatory for Department Orders issued in MyFloridaMarketplace as they contain the basic clauses required by law. The terms and conditions contained in the Department’s Terms and Conditions are non-negotiable. The Department’s Terms and Conditions are located at:

https://www.floridahealth.gov/about/administrative-functions/purchasing/DOHTermsandConditions09022022.pdf

4.14 Conflict of Law and Controlling Provisions

Any Contract resulting from this ITB, and any conflict of law issue, will be governed by the laws of Florida. Venue must be in Leon County, Florida, to the exclusion of all other jurisdictions.

https://www.floridahealth.gov/about/administrative-functions/purchasing/DOHTermsandConditions09022022.pdf https://www.floridahealth.gov/about/administrative-functions/purchasing/DOHTermsandConditions09022022.pdf

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Respondents acknowledge that this solicitation (including but not limited to the resulting Contract, exhibits, attachments, or amendments) is not a rule nor subject to rulemaking under Chapter 120 (or its successor) of the Florida Statutes and is not subject to challenge as a rule or non-rule policy under any provision of Chapter 120, Florida Statutes.

4.15 Agency Inspectors General

It is the duty of every state officer, employee, agency, special district, board, commission, contractor, and subcontractor to cooperate with the inspector general in any investigation, audit, inspection, review, or hearing pursuant to section 20.055, Florida Statutes.

4.16 Records and Documentation

To the extent that information is used in the performance of the resulting Contract or generated as a result of it, and to the extent that information meets the definition of “public record” as defined in section 119.011(12), Florida Statutes, said information is hereby declared to be and is hereby recognized by the parties to be a public record and absent a provision of law or administrative rule or regulation requiring otherwise, Respondent must make the public records available for inspection or copying upon request of the Department’s custodian of public records in accordance with Chapter 119, Florida Statutes. Respondent’s refusal to comply with Chapter 119, Florida Statutes, will constitute an immediate breach of the Contract resulting from this ITB and entitles the Department to unilaterally terminate the Contract.

Unless a greater retention period is required by state or federal law, all documents pertaining to the program contemplated by this ITB must be retained by Respondent for a period of six years after the termination of the resulting Contract or longer as may be required by any renewal or extension of the Contract. During the records retention period, Respondent agrees to furnish, when requested to do so, all documents required to be retained. Submission of such documents must be in the Department’s standard word processing format. If this standard should change, it will be at no cost incurred to the Department. Data files will be provided in a format readable by the Department.

Respondent must maintain all records required to be maintained pursuant to the resulting Contract in such manner as to be accessible by the Department upon demand. Where permitted under applicable law, access by the public must be permitted without delay.

4.17 Attorney’s Fees

In the event of a dispute prior to or post award, each party responding to this solicitation is responsible for its own attorneys’ fees, except as otherwise provided by law.

4.18 Advance Payment

Advance payments may be made by the Department of Financial Services (DFS) in accordance with sections 216.181 and 215.422, Florida Statutes, and Rule 69I-40.120, Florida Administrative Code. All advance payment requests and approval are subject to the policies and procedures established by DFS. All determinations made by DFS or the Department when evaluating an advance payment request are final. If the Respondent wants to include an advance payment request in its Proposal, it must identify the

Electronic Oral Health Record Page | 17 applicable statutory reference (section 216.181 or 215.422, Florida Statutes) and what portion of the services (i.e., deliverables) listed in the Cost Proposal the advance payment request would apply to if approved.

4.19 Protests

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

Only documents delivered by the United States Postal Service, a private delivery service, in person, by E-Filing, or by facsimile during business hours will be accepted. Documents received after business hours will be filed the following business day.

Do not send Bids to the Agency Clerk’s Office. Send all Bids to the Procurement Officer and address listed in Section 2.5, Timeline.

No filings may be made by email. All filings must be made ONLY with the Agency Clerk and are considered "filed" when stamped by the official stamp of the Agency Clerk. It is the responsibility of the filing party to meet all filing deadlines.

The protest must be submitted by using one of the following delivery methods:

By Mail:

Agency Clerk, Florida Department of Health 4052 Bald Cypress Way, BIN A-02 Tallahassee, Florida 32399-1703 Telephone No. (850) 245-4005;

By hand delivery:

Agency Clerk, Florida Department of Health 2585 Merchants Row Blvd.

Tallahassee, Florida 32399;

By facsimile: 850-413-8743; or

By E-Filing:

https://agency_clerk-fdh.mycusthelp.com/WEBAPP/_rs/supporthome.aspx?&lp=3

ATTACHMENT A

SCOPE OF WORK

DOH23-040

Invitation to Bid

Page | 18

1. PURPOSE:

This scope of work is for a Cloud-based Electronic Oral Health Record (EOHR) for the Dental Locations identified on Exhibit A that will integrate with the Department’s Health Management System (HMS), development and launch of a Patient Upload Application Programming Interface (API), and development and launch of API messaging. Contractor will provide these services to the Florida Department of Health (Department).

2. TERM:

This scope of work will begin on 4/1/2025 or the date on with the purchase order is issued, whichever is later. It will end at midnight, Eastern Time on 4/1/2028. The State of Florida’s performance and obligation to pay under this purchase order and any subsequent renewal is contingent upon annual appropriation by the Legislature and satisfactory performance of the Contractor.

3. LOCATION OF WORK: The worksite for this scope of work is the following location(s):

3.1. Public Health Dental Program (PHDP), 2585 Merchants Row Blvd., Tallahassee, Florida 32399

3.2. The Dental Locations identified on Exhibit A, which are subject to change.

4. CRIMINAL BACKGROUND SCREENING:

In the Department’s sole and exclusive discretion, it may determine that background screening of some or all of Contractor’s officers, agents, employees, subcontractors, or assignees is necessary (collectively individuals). In the event background screenings are required under the resulting purchase order, Contractor agrees to the following:

4.1. Conduct background screenings in accordance with Chapter 435, Florida Statutes, using level 2 screening standards.

4.2. Provide the Department with a written attestation confirming that the individual has completed and cleared the level 2 background screening.

4.3. Not allow the individual to begin work under this purchase order until that individual has been cleared by the Department.

4.4. Be responsible for any costs associated with meeting this screening requirement.

5. CONTRACTOR QUALIFICATIONS AND EXPERIENCE:

CONTRACTOR/STAFF The Contractor must possess the following minimum qualifications and experience:

5.1. Contractor has a minimum of six years of verifiable experience maintaining electronic oral health record solutions as specified in Section 4.4 of Attachment A, Scope of Work

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5.2. Contractor’s employees/contractors have at least six years’ cumulative experience in Healthcare data standards such as Health Level Seven (HL7), Fast Healthcare Interoperability Resources (FHIR), or Clinical Document Architecture (CDA)

5.3. Contractor’s employees/contractors have at least six years’ cumulative experience in Health information privacy laws such as the Health Insurance Portability and Accountability Act (HIPAA)

5.4. Contractor’s employees/contractors have at least six years’ cumulative experience in Application Programming Interfaces (APIs

6. CONTRACTOR RESPONSIBILITIES:

6.1 SERVICE TASKS: Contractor will perform the following tasks in the time and manner specified:

6.1.1 Create or provide a Cloud-based EOHR that provides, at a minimum, the following:

6.1.1.1 Patient demographics, insurance information, medical history, dental charting, periodontal charting, x-rays, intraoral photos, documentation, progress notes, current conditions, services to be provided, treatment plan creation with patient signature, and services completed.

6.1.1.2 Ability to provide and generate reports as required by the Department.

6.1.1.3 Automated text messaging and email reminders to clients based on scheduled appointments in compliance with HIPAA requirements and requirements as specified by the Department. Ensure the automated text messages and email reminders provide clients the ability to opt in and opt out. Ensure the clinic or appointment type is not disclosed.

6.1.1.4 Ability to provide messaging report of responses for the automated text messaging and email reminders.

6.1.1.5 Provide user interface that enables the electronic ordering, renewal, and cancellation of medications, including controlled substances, 24 hours a day, 365 days a year.

6.1.1.5.1 Ensure the EOHR uses a connection to the SureScripts Network for the routing of medication orders to commercial pharmacies and the Department’s Central Pharmacy 24 hours a day, 365 days a year.

6.1.1.5.2 Retain an active certification for the electronic prescribing of controlled substances as detailed in the Final Rule ‘Electronic Prescribing for Controlled Substances’ [Docket No. DEA-218, RIN 1117-AA61] as published in the Federal Register.

6.1.1.6 Integrates with existing CHD sensors, phosphoretic plate processors, and intraoral cameras as specified by the Department.

6.1.2 Within 60 calendar days of issuance of the purchase order with a Dental

Location (as identified on Exhibit A) install the Cloud-based EOHR solution at that Dental Location. Ensure each Dental Location’s sensors, phosphoretic plate scanners, and intraoral cameras are connected to the Cloud-based EOHR solution upon installation of the Cloud-based EOHR solution. Maintain

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6.1.3 Within 30 calendar days of written request by the county health department’s program manager of the Dental Location (as identified in Exhibit A) perform a migration of all existing patient records within CHD dental software applications to the Cloud-based EOHR as requested by the Department.

6.1.4. Conduct an online training for each Dental Location within ten business days of the installation of the Cloud-based EOHR. Online training may be provided to more than one Dental Location at a time.

6.1.5. Within ten business days of installation of the Cloud-based EOHR, provide a recorded training to that Dental Location. Ensure the recorded training covers all aspects, including troubleshooting, of the Cloud-based EOHR.

6.1.6. Within ten business days of installation of the Cloud-based EOHR, provide written instructions to that Dental Location. Ensure the written instructions covers all aspects, including troubleshooting, of the Cloud-based EOHR.

6.1.7. Provide the Dental Location access to the Cloud-based EOHR system within 10 business of installation of the Cloud-based EOHR.

6.1.8. Correct any issues to the Cloud-based EOHR within 72 hours from the reported problem unless another time is agreed to in advance, in writing by the Department.

6.1.9. Provide customer support for the cloud-based EORH upon request via phone and online from 8:00 a.m. to 6:00 p.m. Eastern Standard Time, Monday- Friday, except state of Florida holidays. Ensure all customer support is provided from the continental United States. If the problem is unable to be resolved via phone or online, provide in person, onsite technical assistance as directed by the Department.

6.1.10. Develop and launch a Patient Upload Application Programming Interface (API) as follows:

6.1.10.1. As part of the Cloud-based EOHR, develop an API that will support inbound client demographic data from the Department’s HMS.

6.1.10.2. Ensure the API has the ability to receive all demographic fields from the Department. Demographic fields include but are not limited to the following: first, middle and last name, preferred name, preferred pronoun, date of birth, sex at birth, race, language, ethnicity, social security number, HMS state unique identifier, family ID number in HMS, driver license info, addresses (residence and mailing), telephone number, communication preference, billing consent, direct messaging email, HIPAA on file, HIPAA date, and HIE opt out.

6.1.10.3. Ensure the API has the ability to accept a standard HL7 merge message from HMS.

6.1.10.4. Coordinate with the Department’s Office of Information and Technology to conduct testing of the API as directed by the Department.

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6.1.10.5. Coordinate with the Department’s Office of Information and Technology to conduct trouble shooting to the API as directed by the Department.

6.1.10.6. Launch the API by December 31, 2025.

6.1.11. Provide a statewide training for the API as directed by the Department.

6.1.12. Provide external (online or by telephone) technical assistance for the API as requested by the Department. Ensure all technical assistance is provided from the continental United States. If the problem is unable to be resolved externally, provide technical assistance onsite and in person as directed by the

6.1.13. Develop and launch API messaging that will support outbound client service information from the EOHR to the Department’s HMS as follows:

6.1.13.1. Develop messaging to involve the Department’s API to transmit service information from EOHR into the HMS with fields identified in Task 6.1.10.2 and including but not limited to program component, CDT codes, tooth numbers (including primary teeth, permanent teeth and supernumerary teeth), service description and details (arch, quadrant, surface) service date, service site per service, service provider, billing provider, billing provider NPI, client oral health status, maternity status, ICD 10 diagnosis codes, special health care needs, appointment types, project type, and referral information

6.1.13.2. Coordinate with the Department’s Office of Information and Technology to conduct testing of the API messaging as directed by the Department.

6.1.13.3. Coordinate with the Department’s Office of Information and Technology to conduct trouble shooting to the messaging as directed by the Department.

6.1.13.4. Launch the API messaging by August 31, 2026.

6.1.14. Provide a statewide training for the API messaging as directed by the

Department.

6.1.15. Provide external (online or by telephone) technical assistance for the API outbound messaging from the EOHR to HMS as requested by the Department.

Ensure all technical assistance is provided from the continental United States.

If the problem is unable to be resolved externally, provide technical assistance onsite and in person as directed by the Department.

6.1.16. DATA SECURITY AND CONFIDENTIALITY TASK:

The Contractor, its employees, subcontractors, and agents must comply at all times with all Department data security procedures and policies in the performance of this scope of work as specified in the Data Security and Confidentially document attached to the purchase order.

6.2. DELIVERABLES:

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Contractor will complete and submit the following deliverables to the Department in the time and manner specified:

6.2.1. Upon Completion: Create or provide and install of a Cloud-based EOHR at each Dental Location in the time and manner specified in Tasks 6.1.1. through 6.1.9.

6.2.2. Upon Completion: Develop and launch the API in the time and manner specified in Tasks 6.1.10 through 6.1.12.

6.2.3. Upon Completion: Develop and launch the API messaging in the time and manner specified in Tasks 6.1.13 through 6.1.15.

7. METHOD OF PAYMENT:

7.1 Purchase orders will be issued to the Contractor.

7.2 The method of payment for this purchase order is unit rate.

7.3 The Contractor will receive payment in advance for goods or services described in this scope of work.

7.4 The Contractor must submit an invoice to the Department Contract Manager upon completion of each deliverable that provides a detailed accounting of the deliverables performed during the invoice period for which payment is being requested.

7.5 The Contractor is responsible for the performance of all tasks and deliverables contained in this scope of work.

9. PERFORMANCE MEASURES AND FINANCIAL CONSEQUENCES:

All deliverables and related tasks must be completed 100% as specified. Failure to satisfactorily complete or submit a deliverable in the time and manner specified will result in a financial consequence as indicated below:

9.1.1 Failure to complete and submit Deliverable 6.2.1. in the time and manner specified will result in a payment reduction equal to 40 percent of the total invoiced amount.

9.1.2 Failure to complete and submit Deliverable 6.2.2. in the time and manner specified will result in a payment reduction equal to 25 percent of the total invoiced amount.

9.1.3 Failure to complete and submit Deliverable 6.2.3. in the time and manner specified will result in a payment reduction equal to 25 percent of the total invoiced amount.

9.1.5 Failure to comply with Task 6.1.16., DATA SECURITY AND

CONFIDENTIALITY will result in a payment reduction equal to 10 percent of the total invoiced amount for each day the Contractor is not in compliance.

10. CONTRACTOR TRAVEL REIMBURSEMENT:

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Reimbursement for travel expenses is authorized only when approved in advance by the Department Contract Manager and conducted in accordance with Section 112.061, Florida Statutes and Department Internal Operating Procedure (IOP) 56-37.

11. DEPARTMENT CONTRACT MANAGER:

The Department Contract Manager for this scope of work is:

TBD TBD

12. CONTROLLING TERMS AND CONDITIONS:

12.1 Data Security and Confidentiality Document;

12.2 Agency Invitation to Bid (DOH23-040)

12.3 Department Purchase Order Terms and Conditions;

12.4 Contractor’s Response to the Department’s Invitation to Bid, and

12.5 Department Scope of Work SOWxx-xx.

ATTACHMENT B

PRICE PAGE

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A single award will be made to the responsive, responsible Respondent offering lowest grand total for the services requested in this ITB, including delivery, FOB destination.

Unit price will control in the case of mathematical error(s).

The below prices submitted by the Respondent are all inclusive. There must be no additional costs charged to the Department for work performed under this Bid. The below quantities are estimates and may change depending on the needs of the Department.

No changes must be made to the format of this price page. Any changes made to the price page may deem the Respondent’s Bid non-responsive and could be rejected.

** The estimates listed in this ITB are only to be used to assist the Respondent in determining bid prices and not to be considered as definite quantities to be needed by the Department. The quantities may be less than or greater than those stated in this solicitation**

INITIAL TERM

Description

Annual Unit

Price Per Dental

Location

**Estimated Quantity of

Dental Locations

Total

Annual Price

Create or provide and install a Cloud-based electronic oral health record (EOHR), as specified in Tasks 6.1.1.

X 70 = $_________________

Cloud-based EOHR Total for the Initial Term

Total Annual Price X 3 Years =

DESCRIPTION TOTAL PRICE

Develop and Launch of Patient Upload Application Programming Interface (API), including coordinated testing and troubleshooting as specified in Tasks 6.1.10 through 6.1.12, Attachment A, Scope of Work.

Patient Upload API Total

Electronic Oral Health Record Page | 25

DESCRIPTION TOTAL PRICE

Develop and launch API messaging, that will support outbound client service information from the EOHR to the Department’s HMS including coordinated testing and troubleshooting as specified in Tasks 6.1.13 through 6.1.15, Attachment A, Scope of Work.

API Messaging Total

Initial Term Total (Cloud-based EOHR Total for the Initial Term + Patient Upload API Total + API Messaging Total)

RENEWAL YEAR 1

Price Per Dental

Location

**Estimated Quantity of

Dental

Renewal Year 1 Total

Create or provide…