ITN 2526-031 Statewide Dental Services FINAL .pdf

ITN 2526-031 Statewide Dental Services Page 1 of 43

Invitation to Negotiate (ITN) Statewide Dental Services

APD ITN2526-031

Purchasing Contact: Tamara Harrington Agency for Persons with Disabilities 4030 Esplanade Way, Suite 280 Tallahassee, FL 32399

ITN 2526-031 Statewide Dental Services Page 2 of 43

RESPONDENT CERTIFICATION AND ACKNOWLEDGEMENT FORM

INVITATION TO NEGOTIATE (ITN) 2526-031

STATEWIDE DENTAL SERVICES PROGRAM

AGENCY FOR PERSONS WITH DISABILITIES

RESPONDENT INFORMATION

Official Company Name: ________________________________________________________________________________ Doing Business As (DBA), if applicable: ___________________________________________________________________ Federal Tax Identification Number (FEIN): __________________________________________________________________ Business Address: _____________________________________________________________________________________ Telephone Number: ______________________________ Email Address: ______________________________________

CERTIFICATIONS

By signing below, the Respondent certifies and affirms the following:

☐ Authorized Representative Certification - The individual signing this Reply is duly authorized to represent and legally bind the Respondent with respect to all matters contained in the Respondent's Reply and any subsequent negotiations or contractual obligations arising from this ITN.

☐ ITN Review and Compliance Certification - The Respondent has read, understands, and agrees to comply with all requirements, terms, conditions, and provisions contained in this ITN, unless modified through the negotiation process. By submitting a Reply, the Respondent agrees to the terms and conditions of this ITN notwithstanding any statement in the Reply to the contrary. The Agency and the Respondent may attempt to resolve any disagreements during negotiations.

☐ Authorization to Conduct Business in Florida - The Respondent certifies that it is currently authorized to conduct business in the State of Florida in accordance with the provisions of Chapter 607, Florida Statutes.

OR

☐ The Respondent certifies that authorization to conduct business in Florida will be obtained prior to Contract execution.

☐ MyFloridaMarketPlace Registration - The Respondent certifies that it is currently registered in MyFloridaMarketPlace (MFMP) as required by the State of Florida.

OR

☐ The Respondent certifies that registration in MyFloridaMarketPlace will be completed prior to Contract execution.

☐ Department of Financial Services W-9 Registration - The Respondent certifies that it has electronically registered a valid Form W- 9 with the Florida Department of Financial Services (DFS).

OR

☐ The Respondent certifies that electronic W-9 registration with DFS will be completed prior to Contract execution.

Respondents may submit electronic W-9 forms through the Florida Department of Financial Services Vendor Portal at:

https://flvendor.myfloridacfo.com

For assistance, contact the DFS Customer Service Desk at (850) 413-5519 or FLW9@myfloridacfo.com.

CERTIFICATION AND SIGNATURE

I certify under penalty of perjury that the information provided herein is true, accurate, and complete and that I am authorized to execute this certification on behalf of the Respondent.

Authorized Representative (Printed Name): _______________________________________________________________ Title: _______________________________________________________________________________________________ Signature: ___________________________________________________________________________________________ Date: _______________________________________________________________________________________________

*The individual signing this form must have the authority to legally bind the Respondent.

https://flvendor.myfloridacfo.com/ mailto:FLW9@myfloridacfo.com

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TABLE OF CONTENTS

SECTION 1.0: Definitions

SECTION 2.0: Instructions

SECTION 3.0: Contract Conditions

SECTION 4.0: Introduction

SECTION 5.0: Special Instructions

SECTION 6.0: Special Conditions

SECTION 7.0: Scope of Services

SECTION 8.0: Special Instructions – Reply Format & Content

SECTION 9.0: Opening, Evaluation, and Award

ATTACHMENT I: Price Reply

ATTACHMENT II: Deliverable Completion Date Form

ATTACHMENT III: References

ATTACHMENT IV: Subcontractor Listing Form

ATTACHMENT V: Identical Tie Certification Form

ATTACHMENT VI: Respondent Conflict of Interest Form

ATTACHMENT VII: Respondent Certifications (PUR 7801)

ATTACHMENT VIII: Additional Forced Labor Certifications (PUR 2024)

ATTACHMENT IX: Foreign Country of Concern Attestation (PUR 1355)

ATTACHMENT X: Implementation Cost Acknowledgement and Financial Capacity Certification

ATTACHMENT XI: Statement of Non-Collusion

EXHIBIT A: Examples of Permissible Dental Services and/or Treatments

EXHIBIT B: APD Standard Contract

EXHIBIT C: Agency Business Associate Agreement (BAA)

EXHIBIT D: Map of APD Regional Offices For Dental Coverage

[Remainder of Page Left Blank Intentionally]

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SECTION 1: Definitions

The terms used in this ITN, unless the context otherwise clearly requires a different construction and interpretation, have the following meanings:

A. Agency: The State of Florida, Agency for Persons with Disabilities referred to in this solicitation document as “the Agency”.

B. 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.

C. Business Hours: Business Hours shall be a minimum of Monday through Friday, 8:00 a.m. to 5:00 p.m. in the applicable local time zone, excluding State of Florida observed holidays, unless otherwise specified in this solicitation or the resulting Contract.

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

E. Contractor: The awarded Respondent that enters into a Contract with the Agency as a result of this solicitation.

F. Dental Provider Capacity: The extent to which a dental provider network maintains an adequate number and distribution of qualified dental providers within a region to ensure that individuals have reasonable access to required dental services, including sufficient appointment availability to meet demand and support the timely delivery of care.

G. Desirable Conditions: The use of the words “should” or “may” in this solicitation indicate desirable attributes or conditions but are permissive in nature. Deviation from, or omission of, such a desirable feature will not in itself cause rejection of a Reply.

H. Exceptional Referrals: Referrals authorized under limited, unique, or special circumstances when an individual's dental care needs cannot be reasonably met through the Respondent's Contracted provider network. Exceptional referrals may be utilized to ensure timely access to medically necessary services, specialized treatment, geographic access, provider capacity limitations, continuity of care, or other circumstances approved by the Agency that prevent the individual's needs from being met by an in-network provider.

I. Individuals With Disabilities/Individual(s): Individuals who have a developmental disability as defined in section 393.063, Florida Statutes. A developmental disability means a disorder or syndrome that is attributable to intellectual disability, cerebral palsy, autism, spina bifida, Down syndrome, Phelan-McDermid syndrome, or Prader-Willi syndrome; that manifests before the age of 18; and that constitutes a substantial handicap that can reasonably be expected to continue indefinitely.

J. Mandatory Responsiveness Requirements: Terms, conditions or requirements that must be met by the Respondent to be responsive to this solicitation. These responsiveness requirements are mandatory. Failure to meet these responsiveness requirements will cause rejection of a response. Any response rejected for failure to meet mandatory responsiveness requirements will not be further reviewed.

K. Material Deviations: The Agency has established certain requirements with respect to Replies to be submitted by Respondents.

The use of shall, must or will (except to indicate simple futurity) in this solicitation indicates a requirement or condition from which a material deviation may not be waived by the Agency. A deviation is material if, in the Agency’s sole discretion, the deficient response is not in substantial accord with this solicitation’s requirements, provides an advantage to one Respondents over other Respondents, has a potentially significant effect on the quantity or quality of items Reply, or on the cost to the Agency or otherwise adversely impact the Agency’s interest. Material deviations cannot be waived.

L. Minor Irregularity: A variation from the solicitation terms and conditions which does not affect the price of the Reply or give any Respondent an advantage or benefit over other Respondents or does not adversely impact the interests of the Agency.

M. Payor of Last Resort: A funding source that provides payment for covered services only after all other available third-party payment sources have been identified, verified, and exhausted. Third-party payment sources may include, but are not limited to, Medicaid, Medicare, private insurance, managed care plans, and other public or private funding sources that are legally responsible for payment of the service. Statewide Dental Services Program funds may only be used when no other payer is available or responsible for covering the cost of the service.

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N. Purchase Order/Direct Order: The Contract document issued by the Agency to the Vendor to procure goods and services.

O. Respondent: A legally authorized individual, organization, entity, partnership, corporation, or other business structure that submits a Reply in response to this Invitation to Negotiate (ITN) and is capable of providing the services and fulfilling the requirements described herein. The term "Respondent" includes any subcontractors, affiliates, or partners identified in the Reply as part of the proposed service delivery model.

P. Subcontractor: A person, business, for-profit organization, or nonprofit organization that enters into an agreement with the Respondent to perform specific services, functions, or responsibilities required under the resulting contract. The Respondent remains fully responsible for the performance, oversight, and compliance of all subcontractors utilized in the delivery of services under this program.

Q. Successful or Awarded Respondent: The Respondent selected by the Agency for Contract award following the evaluation and negotiation process. The Successful Respondent is the Respondent whose Reply is determined by the Agency to be the most advantageous and in the best interest of the state, considering all evaluation factors, negotiations, and other requirements set forth in this solicitation.

R. Vendor Information Portal: The State of Florida’s vendor registration, supplier diversity, and bidding system, through MyFloridaMarketPlace website developed in accordance with section 287.042(3), F.S.

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SECTION 2: Instructions

2.0 GENERAL INSTRUCTIONS TO RESPONDENT

This section contains instructions explaining the solicitation process and the actions necessary to respond. General Instructions to Respondent (Form PUR 1001 – incorporated herein by reference) is a downloadable document which must be downloaded for review. This document need not be returned with the Respondent’s Reply. Form PUR 1001 may be accessed at:

https://www.dms.myflorida.com/business_operations/state_purchasing/state_agency_resources/state_purchasing_pur_forms

In the event of any conflict between Form PUR 1001 and other instructions provided in this document, the additional instructions in this document shall take precedence over the Form PUR 1001 unless the conflicting term is required by any section of the Florida Statutes (F.S.), in which case the statutory requirements shall take precedence.

THE AGENCY HAS CHOSEN TO USE THE ITN FORMAT FOR THIS PROCUREMENT BECAUSE IT WANTS VENDORS TO PROVIDE THE BEST METHOD FOR ACHIEVING THE GOAL OF THIS ITN AND SOLVING THE PROBLEM STATED HEREIN. THEREFORE, ALTHOUGH THE ITN MAY USE MANDATORY WORDS LIKE “SHALL,” “WILL,” OR “MUST,” AND MAY DEFINE CERTAIN ITEMS AS REQUIREMENTS, THE AGENCY RESERVES THE RIGHT, IN ITS DISCRETION, TO WAIVE ANY DEVIATIONS FROM THESE PROVISIONS AND RESOLVE ANY ISSUES IN THE NEGOTIATION PHASE.

THEREFORE, THE AGENCY RESERVES THE RIGHT TO REVIEW THE ENTIRE REPLY TO DETERMINE IF IT ACHIEVES A LEVEL OF COMPETENCY WORTHY OF FURTHER NEGOTIATIONS; REGARDLESS OF WHETHER INDIVIDUAL REQUIREMENTS HAVE BEEN ADDRESSED OR NOT. HOWEVER, VENDORS THAT FAIL TO PROVIDE SIGNIFICANT PORTIONS OF THE SOLUTION OR ADDRESS SIGNIFICANT PORTIONS OF THE PROCUREMENT MAY STILL BE DEEMED NONRESPONSIVE. IN ADDITION, THERE IS NO GUARANTEE THAT SUCH DEVIATIONS WILL BE DEEMED IN THE STATE’S BEST INTEREST OR ANY REPLY CONTAINING THOSE DEVIATIONS PARTICIPATE IN THE NEGOTIATIONS. USE OF THE TERMS “SHALL,” “WILL,” AND “MUST” INDICATE THE AGENCY’S INITIAL VIEW OF THE VALUE OF SUCH ITEMS. VENDORS HAVE THE OPPORTUNITY TO SUGGEST ALTERNATIVES IN THE ITN PROCESS, BUT THERE IS NO GUARANTEE THAT THE AGENCY WILL AGREE THE DEVIATIONS ARE IN ITS BEST

INTEREST OR CREATE THE BEST VALUE FOR THE STATE.

https://www.dms.myflorida.com/business_operations/state_purchasing/state_agency_resources/state_purchasing_pur_forms

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SECTION 3: Contract Conditions

3.0 GENERAL CONTRACT CONDITIONS

Standard terms and conditions that will apply to the Contract which results from the solicitation event are provided in this section. General Contract Conditions (Form PUR 1000 – incorporated herein by reference) is a downloadable document which must be downloaded for review. This document need not be returned with the Respondent’s Reply. Form PUR 1000 may be accessed at:

https://www.dms.myflorida.com/business_operations/state_purchasing/state_agency_resources/state_purchasing_pur_forms

In the event of any conflict between the PUR 1000 form and any other Special Conditions, the Special Conditions shall take precedence over the PUR 1000 form unless the conflicting term in the PUR form is required by any section of the F.S., in which case the statutory requirements shall take precedence.

https://www.dms.myflorida.com/business_operations/state_purchasing/state_agency_resources/state_purchasing_pur_forms

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SECTION 4: Introduction

4.0 Intent

The Agency for Persons with Disabilities (hereinafter referred to as the “Agency”) is issuing this Invitation to Negotiate (ITN) to solicit Replies from qualified nonprofit organizations capable of administering and coordinating a statewide dental services program for individuals with developmental disabilities. The program shall provide access to medically necessary dental services through a comprehensive provider network and operate as the payor of last resort in accordance with the requirements of this solicitation.

4.1 Term and Renewal

The Contract is anticipated to begin upon execution and continue for a period of five (5) years. The Agency reserves the right to renew the Contract for one (1) additional five (5) year term. Any renewal shall be contingent upon satisfactory performance evaluations by the Agency, the availability of funds, and all applicable provisions of Florida law. Renewal of the Contract must be memorialized in writing and shall be subject to the same terms and conditions set forth in the original Contract unless otherwise agreed to in writing by the parties.

4.2 Background

The Agency for Persons with Disabilities (Agency) administers programs and services for Floridians with developmental disabilities. As part of its mission, the Agency seeks to improve access to medically necessary dental care for eligible individuals whose needs may not otherwise be met through available public or private resources.

The Agency previously solicited these services through a Request for Proposals (RFP). Through this Invitation to Negotiate (ITN), the Agency is seeking a qualified nonprofit organization to administer and coordinate a statewide dental services program with a revised scope of services designed to meet the current needs of the program and the individuals it serves. The Agency has been appropriated $3.6 million to implement these services.

4.3 Agency Point of Contact

The Purchasing Contact is the Agency's sole point of contact for this solicitation. All communications regarding this solicitation shall be submitted in writing via email to Purchasing@APDcares.org.

Respondents and their representatives shall not contact any other Agency employee, officer, or representative regarding this solicitation, except as expressly authorized herein. Violation of the communication restrictions contained in Section 21 of the PUR 1001 may result in the rejection of a Reply.

The Agency's Purchasing Contact for this solicitation is:

Tamara Harrington Agency for Persons with Disabilities

4030 Esplanade Way, Suite 280 Tallahassee, Florida 32399-0950

Purchasing@APDcares.org

4.4 Timeline

The Agency established the following Timeline for this solicitation. Each Respondent must adhere to this Timeline and any revision(s) to it. All references to the “Timeline” herein refer to the Timeline in this section. All times below are Eastern Time (E.T.).

mailto:Purchasing@APDcares.org mailto:Purchasing@APDcares.org

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ITN 2526-031 STATEWIDE DENTAL SERVICES TIMELINE

Event Date Location (if applicable)

ITN Advertised June 15, 2026 Vendor Information Portal https://vendor.myfloridamarketplace.com/

Pre-Solicitation Conference

June 29, 2026 at 10:00a.m. ET

Meeting Link:

https://apdcares.webex.com/apdcares/j.php?MTID=maaa58410157 c6f96a4298f6c278d7572

Meeting number: 2533 169 3576

Password: ZWbJv5mA2x9 (99258562 when dialing from a phone or video system)

Deadline for Receipt of Technical Questions July 8, 2026 by 5:00p.m. ET

Submit via email to:

Purchasing@apdcares.org

Attn: Tamara Harrington Subject: ITN 2526-031

Anticipated Date of Response to Technical

Questions July 20, 2026 Vendor Information Portal https://vendor.myfloridamarketplace.com/

Replies Due August 11, 2026 at 10:00a.m ET

Attn: Tamara Harrington

ITN 2526 -031

4030 Esplanade Way, Suite 280 Tallahassee, Florida 32399

Public Reply Opening August 11, 2026 at 10:30a.m ET

Tallahassee, Florida 32399

Conference Call #: 1-650-479-3208 Access code: 2536 860 9363

Anticipated Evaluation of Technical Replies

August 17-28, 2026 N/A

Anticipated Presentations September 8–11, 2026

Presentation details, including the date, time, format, and location, will be provided only to Respondents selected by the Agency to participate in those stages of the procurement process.

Anticipated Negotiations September 16–18, 2026

Negotiation details, including the date, time, format, and location, will be provided only to Respondents selected by the Agency to participate in those stages of the procurement process.

Anticipated Agency Decision

October 5, 2026

Vendor Information Portal https://vendor.myfloridamarketplace.com/ https://apdcares.webex.com/apdcares/j.php?MTID=maaa58410157c6f96a4298f6c278d7572 https://apdcares.webex.com/apdcares/j.php?MTID=maaa58410157c6f96a4298f6c278d7572

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SECTION 5: Special Instructions

5.0 Pre-Solicitation Conference (Optional)

The Agency will host a meeting to serve as an open forum for the Agency to provide an overview of the Scope of Services for this ITN. The Pre-Solicitation Conference will be held as specified in SECTION 4.4. TIMELINE. Any changes and/or resulting addenda to the ITN will be the sole prerogative of the Agency.

Accessibility for Disabled Persons: Any person requiring special accommodations at any pre-solicitation meeting, public opening, or event because of a disability or physical impairment should call the listed contact person no later than five (5) days prior to the event. If you are hearing or speech impaired, please contact the Agency using the Florida Relay Service at 1(800)

955-8771 (TDD).

5.1 Visitor’s Pass to the Agency for Persons with Disabilities Each visitor to the Agency for Persons with Disabilities is required to sign in at the security desk in the main lobby. Please allow at least 15 minutes prior to the solicitation submission deadline when hand-delivering a Reply to the Purchasing Section.

5.2 Reply Questions and Answers

Any technical questions arising from this ITN should be sent, in writing, to the Purchasing Contact identified below. The Agency's written response to written inquiries submitted timely by Respondents will be posted on the Florida Vendor Information Portal (VIP) at MyFloridaMarket Place Vendor Information Portal. (Click on “Search Advertisements” under the Florida Solicitation Advertisement section. On the next page, go to the “Organization” field and select “Agency for Persons with Disabilities” from the drop-down menu. Scroll to the bottom of the page and click “Search”.) Click on this solicitation number to review posted documents. It is the responsibility of all potential Respondents to monitor this site for any changing information prior to submitting a Response.

Only timely received written inquiries will be addressed by the Agency. Questions should be submitted to:

Purchasing@apdcares.org as specified in SECTION 4.4 TIMELINE.

5.3 Solicitation Protests/Notice of Rights

Pursuant to F.S., Section 120.57(3) (b):

Any person who is adversely affected by the agency decision or intended decision shall file with the agency a notice of protest in writing within 72 hours after the posting of the notice of decision or intended decision. With respect to a protest of the terms, conditions, and specifications contained in a solicitation, including any provisions governing the methods for ranking replies, proposals, or replies, awarding contracts, reserving rights of further negotiation, or modifying or amending any contract, the notice of protest shall be filed in writing within 72 hours after the posting of the solicitation. The formal written protest shall be filed within 10 days after the date the notice of protest is filed. Failure to file a notice of protest or failure to file a formal written protest shall constitute a waiver of proceedings under this chapter. The formal written protest shall state with particularity the facts and law upon which the protest is based. Saturdays, Sundays, and State holidays shall be excluded in the computation of the 72-hour time periods provided by this paragraph.

Section 120.57(3) (a) provides:

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

Florida Administrative Code (F.A.C.) Rule 28-110.002(2) defines the term “decision or intended decision,” and includes the solicitation terms (and any addenda), the award of the Contract, and a rejection of all Replies.

At the time of filing the Formal Written Protest the protestor must also file a Protest Bond payable to the Agency in an amount equal to 1 percent of the estimated Contract amount. F.S., Section 287.042(2) (c) and F.A.C. Rule 28-110.005 contain further terms relating to the Protest Bond, including how to determine the estimated Contract amount. In lieu of a Protest Bond, the Agency will accept cashier’s checks, official bank checks or money orders. The bond shall be conditioned upon the payment of all costs and charges that are adjudged against the protestor in the administrative hearing in which the action is brought and in any subsequent appellate court proceeding.

mailto:Purchasing@apdcares.org http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=Ch0120/Sec57.HTM

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The Notice of Protest, Formal Written Protest, and Protest Bond shall be filed with the Agency Clerk. A copy shall also be provided to the Purchasing Contact identified in Section 4.3 Agency Point of Contact. Submission of a copy to the Purchasing Contact does not constitute filing with the Agency Clerk.

Attn: Agency Clerk

4030 Esplanade Way, Suite 335,

5.5 Addenda

No negotiations, decisions, or actions will be initiated or executed by a Respondent as a result of any verbal discussions with a state employee. Only those communications which are in writing from the Purchasing Contact, will be consider as a duly authorized expression on behalf of the Agency until a Contract is awarded.

Notices of changes (addenda) will be posted on the VIP, under this solicitation number. It is the responsibility of all potential Respondents to monitor this site for any changing information prior to submitting a Reply.

5.6 Modifications, Resubmittal, and Withdrawal

Respondents may modify submitted replies at any time prior to the Reply due date. Requests for modification of a submitted Reply should be in writing and should be signed by an authorized representative of the Respondent. Upon receipt and acceptance of such a request, the entire Reply will be destroyed and not considered unless resubmitted by the due date and time. Respondents may also send a change in a sealed envelope to be opened at the same time as the Reply. The ITN number, opening date and time should appear on the envelope of the modified Reply.

Unless specifically requested by the Agency, any amendments, revisions, or alterations to Replies will not be accepted after the closing for the receipt of Replies.

5.7 Restrictions on Communication with Agency Staff

Respondents should not communicate with any Agency staff concerning this ITN except for the Agency’s Purchasing Contact for this ITN. Only those communications which are in writing from the Bureau of General Services and Procurement shall be considered as a duly authorized response on behalf of the Agency. For violation of this provision, the Agency reserves the right to reject a Respondent’s Reply.

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 Reply.

5.8 Confidential, Proprietary, or Trade Secret Material

The Agency takes its public records responsibilities as provided under Chapter 119, F.S., and Article I, Section 24 of the Florida Constitution, very seriously. If Respondent considers any portion of the documents, data or records submitted in response to this solicitation to be confidential, trade secret or otherwise not subject to disclosure pursuant to Chapter 119, F.S., the Florida Constitution or other authority, Respondent should clearly mark and identify in its Reply those portions which are confidential, trade secret or otherwise exempt. Respondent should also simultaneously provide the Agency with a separate redacted copy of its Reply. This redacted copy should contain the Agency’s solicitation name, number, and the name of the Respondent on the cover, and should be clearly titled “Redacted Copy.” The Redacted Copy should be provided to the Agency at the same time Respondent submits its Reply to the solicitation and should only exclude or obliterate those exact portions which are claimed confidential, proprietary, or trade secret. The Respondent should also provide one (1) electronic copy (USB), flash drive, etc.) of their Redacted Copy. *See 8.2.2 Technical Reply for USB requirements.

Respondent shall be responsible for defending its determination that the redacted portions of its Reply are confidential, trade secret or otherwise not subject to disclosure. Further, Respondent shall protect, defend, and indemnify the Agency for any and all claims arising from or relating to Respondents determination that the redacted portions of its Reply are confidential, proprietary, trade secret or otherwise not subject to disclosure.

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If Respondent fails to submit a Redacted Copy with its Reply, the Agency is authorized to produce the entire documents, data or records submitted by Respondent in answer to a public records request for these records. Notwithstanding the foregoing, the Agency reserves the right to disclose any materials as public records unless it determines, in its discretion, that an exemption to disclosure applies to the record.

Notwithstanding the foregoing, the Agency reserves the right to disclose all material that it determines, in its sole discretion, to be a public record under Florida law.

Public records request should be submitted to:

Attn: Agency Clerk

4030 Esplanade Way, Suite 335,

5.9 Poor Performance Notice

The Respondent should provide for both the Respondent and its employees, subcontractors, and subcontractor employees, copies of any and all documents regarding complaints filed, investigations made, warning letters or inspection reports issued, any notice of breach, notice of default, termination notice, suspension notice, or any disciplinary action initiated or taken under any Contract or job performance within the past seven (7) years. For each instance listed, provide a narrative summary of the Contract’s purpose and scope of work, the Respondent’s performance, including the concerns of the project owner, and any major adverse findings. In addition, provide the Contract or job number, the name of the owner, the term of the Contract, the name, address, and telephone number of the owner’s Contract Manager. Please also include any relevant documentation evidencing the performance issues.

The Agency reserves the right to seek further information on this matter from the Respondent or to make inquiries with the project owner. The information obtained from this review may be reflected in the Respondent’s score or used to declare the Respondent not a responsible vendor.

5.10 Withdrawal of a Reply

A Respondent may withdraw a Reply by written notice to the Agency on or before the deadline specified for the receipt of Replies in SECTION 4.4 Timeline. Such written notice is to be submitted to the Purchasing Contact assigned to this ITN.

5.11 Conditions to the Reply

No conditions may be applied to any aspect of the ITN by Respondents. Any conditions placed on any aspect of the Reply documents by a Respondent may result in the Reply being rejected as a conditional Reply. DO NOT WRITE CHANGES ON ANY ITN DOCUMENT. The only recognized changes to the ITN prior to Reply opening will be a written addenda issued by the Agency. The Respondent recognizes the Agency’s right to ignore the condition and treat the Reply as if no condition exists.

5.12 Disclosure of Reply Contents

All documentation produced as part of this solicitation shall become the exclusive property of the State and may not be removed by the Respondent or its agents. All Replies shall become the property of the state and shall not be returned to Respondent.

The Agency shall have the right to use any or all ideas or adaptations of the ideas presented in any Reply. Selection or rejection of a Reply shall not affect this right.

5.13 Award

As in the best interest of the state, the right is reserved to award based on all or none, groups of services, or any combination thereof, to a responsive, responsible Respondent. As in the best interest of the State, the right is reserved to reject any and/or all Replies or to waive any minor irregularity in replies received. In addition, the Agency reserves the right, in its discretion, to correct deviations during the negotiation phase. Conditions which may cause rejection of Replies include, without limitation, evidence of collusion among Respondents, obvious lack of experience or expertise to perform the required work, failure to perform, or meet financial obligations on previous Contracts.

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SECTION 6: Special Conditions

6.0 Authorization to Do Business in the State of Florida

Foreign corporations and foreign limited partnerships should be authorized to do business in the State of Florida. Domestic corporations should be active and in good standing in the state of Florida. Such authorization and status should be obtained by the Reply due date and time, but in any case, must be obtained prior to Contract execution. For authorization, contact:

Florida Department of State

(850) 245-6053

6.1 Licensed to Conduct Services in the State of Florida

If the services being provided require that individuals be licensed by the Florida Department of Business and Professional Regulation or any other state or federal agency, such licenses should be obtained by the Reply due date and time, but in any case, must be obtained prior to Contract execution. For state licensing, contact:

Florida Department of Business and Professional Regulation

(850) 487-1395

6.2 Identical Evaluation of Replies

In the event that two (2) or more Replies are determined to be equal with respect to price, quality, and service, the Agency shall determine the order of award in accordance with Rule 60A-1.011, Florida Administrative Code (F.A.C.). Compliance with this requirement shall be certified through the execution and submission of Attachment V, Identical Tie Certification Form.

6.3 Disclosure Statement

This solicitation is subject to Chapter 112, Florida Statutes. Respondents shall disclose any actual, potential, or perceived conflicts of interest involving employees of the Agency for Persons with Disabilities in accordance with PUR 1001, Section 6.

Compliance with this requirement shall be certified through the execution and submission of Attachment VI, Respondent Conflict of Interest Form, with the Reply.

6.4 Women, Veteran, Minority-Owned Small Business Participation The Agency encourages participation by minority-owned, women-owned, service-disabled veteran-owned, and veteran-owned business enterprises in all Agency solicitations. Respondents claiming eligibility for a statutory preference in the event of an identical tie shall certify such eligibility through the execution and submission of Attachment V, Identical Tie Certification Form, with their Reply.

6.5 Subcontracting

The Contract or any portion thereof shall not be sub-contracted, except as permitted herein, or with the prior written approval of the Agency. No subcontract shall, under any circumstances, relieve the Contractor of its liability and obligation under this Contract; and despite any such subcontracting, the Agency shall deal through the Contractor, which shall retain the legal responsibility for performing the Contractor obligations.

The Respondent shall identify all subcontractors proposed to perform services under any resulting Contract, including any anticipated subcontract agreements known at the time of Reply submission and the estimated amount of each subcontract.

The Respondent shall ensure that each proposed subcontractor possesses the qualifications, experience, resources, and capacity necessary to perform the services assigned under the subcontract. This information shall be outlined through the requested information in the Technical Reply and through the completion and submission of Attachment IV, Subcontractor Listing Form, with the Reply.

The subcontractor(s) identified in the Respondent's Reply must be approved by the Agency for Persons with Disabilities (APD) prior to the delivery of services under the resulting Contract.

If the Respondent proposes to replace an approved subcontractor during the term of the resulting Contract, the Respondent shall submit a written request to the Agency Contract Manager identifying the proposed substitute subcontractor and explaining

ITN 2526-031 Statewide Dental Services Page 14 of 43 the basis for the requested substitution. No subcontractor substitution shall be effective unless approved in writing by the Agency.

The Agency reserves the right to request additional information regarding any proposed subcontractor and to review the qualifications, experience, financial stability, and responsibilities of each subcontractor identified in the Reply. The Respondent shall remain fully responsible for the performance of all services provided under the resulting Contract, regardless of whether such services are performed directly by the Respondent or through a subcontractor.

In accordance with Executive Order No. 11-02, all subcontractors assigned to perform work under any resulting Contract shall utilize the U.S. Department of Homeland Security's E-Verify system to verify the employment eligibility of all individuals assigned to perform work pursuant to the Contract. Compliance with this requirement shall be certified through the execution and submission of Attachment VII, Respondent Certifications.

6.6 Contractual Obligations

The APD Standard Contract are incorporated in this ITN as Exhibit B and will govern the relationship between the Agency and the Contractor. A Reply submitted by the successful Respondent(s) shall be incorporated into the final Contract(s). The terms and conditions of this ITN shall control notwithstanding any statement to the contrary by the Respondent, unless such terms and conditions are modified by the Agency during the negotiation phase. by the successful Respondent(s) shall be incorporated into the final Contract(s). The terms and conditions of this ITN shall control notwithstanding any statement to the contrary by the Respondent, unless such terms and conditions are modified by the Agency during the negotiation phase, notwithstanding any statement to the contrary by the Respondent, unless such terms and conditions are modified by the Agency during the negotiation phase.

6.7 Method of Payment

Compensation and payment will be made in accordance with the terms and conditions of the Contract.

6.8 Convicted Vendor List

In accordance with Rule 60A-1.006, Florida Administrative Code, a company placed on the Convicted Vendor List may not submit a Reply or be awarded a Contract to provide goods or services to the State of Florida. The Convicted Vendor List is maintained by the Florida Department of Management Services and is available on its website at Convicted Vendor List / Vendor Registration and Vendor Lists / State Agency Resources / State Purchasing / Business Operations - Florida Department of Management Services. Compliance with this requirement shall be certified through the execution and submission of Attachment VII, Respondent Certifications (PUR 7801), with the Reply.

6.9 Costs Incurred in Responding

This ITN does not commit the Agency or any other public agency to pay any costs incurred by the Respondent in the submission of a Reply or to make necessary studies or designs for the preparation thereof, nor to procure or Contract for any articles or services.

6.10 Submission of Replies by Subsidiaries or Affiliates

A Respondent, its subsidiaries, affiliates, or related entities is limited to one (1) Reply. Submission of more than one (1) Reply per activity by a Respondent may cause the rejection of all Replies submitted by the Respondent. In the alternative, the Agency may decide, in its sole discretion, which Reply to evaluate and consider. A subsidiary or affiliate of a prime Respondent may also be included as a subcontractor in another Respondent’s Reply.

6.11 Prohibition of Gratuities

By submission of a Reply, the Respondent certifies that no elected or appointed official or employee of the state of Florida has or will benefit financially or materially from this procurement. Any Contract arising from this procurement may be terminated by the Agency if it is determined that gratuities of any kind were either offered to or received by any of the aforementioned officials or employees from the Respondent or its agents or employees.

6.12 Independent Price Determination

A Respondent shall not collude, consult, communicate, or agree with any other Respondent regarding this procurement as to any matter relating to the Respondent’s Reply.

https://www.dms.myflorida.com/business_operations/state_purchasing/state_agency_resources/vendor_registration_and_vendor_lists/convicted_vendor_list https://www.dms.myflorida.com/business_operations/state_purchasing/state_agency_resources/vendor_registration_and_vendor_lists/convicted_vendor_list https://www.dms.myflorida.com/business_operations/state_purchasing/state_agency_resources/vendor_registration_and_vendor_lists/convicted_vendor_list

ITN 2526-031 Statewide Dental Services Page 15 of 43

6.13 Performance Bond

A Performance Bond is not required for this project.

6.14 Participation in Future Stages of This Project

As stated in Chapter 287.057(17)(c) F.S.

A person who receives a Contract that has not been procured pursuant to subsections (1) through (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 (RFI) from being eligible to contract with an agency. Compliance with this requirement shall be certified through the execution and submission of Attachment XI, Statement of Non-Collusion.

6.15 Information Technology Requirements

Respondents submitting Replies to this solicitation should provide electronic and information technology resources in complete compliance with the accessibility standards required by Section 282.601-282.606, F.S., and Rule 60-8.002, F.A.C. These standards establish a minimum level of accessibility.

Contractors, providers, and partners employed by the Agency or acting on behalf of the Agency shall also fully comply with 60GG-2 Information Technology Standards.

6.16 Scrutinized Companies List

Section 287.135, Florida Statutes, requires that at the time a company submits a Reply or proposal for a Contract for goods or services of $1 million or more, the company must certify that the company is not on either the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List. Both lists are created pursuant to section 215.473, Florida Statutes.

Replies of $1 million or more shall include Attachment VII Respondent Certifications (PUR7801) to certify the Respondent is not on either of those lists. The Form should be submitted with the Technical Reply.

6.17 Scrutinized Companies – Termination

The Agency may, at its option, terminate the Contract if the Contractor is found to have submitted a false certification as provided under section 287.135(5), F.S., or been placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or been engaged in business operations in Cuba or Syria, or to have been placed on the Scrutinized Companies that Boycott Israel List or is engaged in a boycott of Israel. Certification for this requirement is found in Attachment VII Respondent Certifications (PUR7801).

6.18 Foreign Countries of Concern Attestation Form

In accordance with section 287.138, F.S., beginning on or after the dates provided in section 287.138(4), F.S., a Governmental Entity may not accept a Reply, proposal, or reply for a Contract which would grant an entity access to an individual’s Personal Identifying Information unless the entity provides the Governmental Entity with an attestation by the entity on Form PUR 1355., This certification is included on Attachment VII Respondent Certifications (PUR7801).

ITN 2526-031 Statewide Dental Services Page 16 of 43

SECTION 7: Scope of Services

7.0 Scope of Services

7.0.1 Overview

The Agency seeks to competitively procure comprehensive dental services with a nonprofit organization to coordinate a statewide dental services program which will serve as the payor of last resort for individuals with developmental disabilities hereinafter referred to as “individuals” as defined in s.393.063, Florida Statutes (F.S.).

Dental care provided through this program will include the coordination of treatment and procedures such as diagnostic services, preventive treatment, restorative, endodontic, periodontal, surgical procedures and extractions, orthodontic treatment not for cosmetic purposes, and dentures. The services provided are intended to prevent or remedy dental problems that if left untreated could compromise the health of individuals by increasing the risk of infection, disease or reducing food and nutritional intake.

7.0.2 General Program Requirements

The program shall be administered in accordance with the following requirements:

1) The Respondent may partner with a for-profit or non-profit organization through a subcontract to provide administrative operations and/or program services.

2) The Respondent shall provide a mechanism for APD clients to request dental care, receive authorization for dental treatments based on a plan of care, and provide timely dental services from licensed dentists who are geographically located as close as possible to the individual.

3) The Respondent must fully comply with section 466.0285, F.S. which states: “no person other than a dentist licensed pursuant to Chapter 466, nor any entity other than a professional corporation or limited liability company composed of dentists may employ a dentist or dental hygienist in the operation of a dental office, may control the use of any dental equipment or material while such equipment or material is being used for the provision of dental services, whether those services are provided by a dentist, a dental hygienist, or a dental assistant, or may direct, control, or interfere with a dentist’s clinical judgment.”

4) The Respondent shall offer the most efficient and cost-effective processes for authorizing, arranging, and coordinating the provision of preventative and comprehensive dental care for individuals with developmental disabilities.

5) The Respondent must include in their proposal their plan for implementing the use of industry best practices for administrative operations, including, but not limited to, technology, detailed accounting, tracking, and billing that includes verification of services rendered specific to the client, time, location, and provider that provided service.

6) The Respondent and the subcontractor shall illustrate internal processes for quality assurance and case sampling.

7) Dental treatment shall be provided according to a treatment plan in coordination with a general practitioner or other medical professionals based upon established priorities that, in the dentist’s clinical judgment, are necessary to maintain the client’s health status. Emphasis shall be placed on preventative dental practices.

8) The program shall act as a payor of last resort and shall not duplicate dental treatments covered by Florida Medicaid, Medicare, or dental care available to individuals through private dental insurance.

7.0.3 Major Service Goals

1) To promote good dental health for individuals with developmental disabilities through the delivery of preventive and comprehensive dental services.

2) To increase access to dental care for individuals with developmental disabilities throughout the State.

3) Establish a responsive network of dental care providers to service individuals with developmental disabilities.

ITN 2526-031 Statewide Dental Services Page 17 of 43

7.1 Deliverables

In response to this solicitation, the Respondent shall describe how the following responsibilities including both client eligibility determination activities and the provision of services under this program will be performed.

7.1.1 Individual Eligibility/Determination

1) The Respondent shall confirm that the individual has a developmental disability pursuant to s. 393.063, F.S., and retain sole responsibility for determining which individuals are served.

2) If the Respondent has knowledge of any circumstances affecting the eligibility of any person authorized to receive services under this program, the Respondent shall notify the Contract Manager immediately. In the event of a dispute regarding eligibility or service determination, the Agency shall have exclusive authority to make the final decision.

7.1.2 Manner of Service Provision

1) Dental Services

a) Coordinate services that prevent or remedy dental problems that, if left untreated, could compromise the health of individuals by increasing the risk of infection, disease, or the reduction of food and nutritional intake based on an approved plan of care.

b) Coordinate treatment and procedures including but not limited to pre-existing conditions, diagnostic services, preventive treatment, restorative, emergency dental services, endodontic, periodontal, oral surgical procedures and extractions, orthodontic treatment not for cosmetic purposes, and denture-related services based on an approved plan of care.

c) Coordinate sedation services only when it is determined to be a medically necessary part of the dental treatment plan based on an approved plan of care

* For examples of dental services, see Exhibit A, Examples of Permissible Dental Services and/or Treatments.

2) Transportation

a) Establish a process to coordinate transportation for the individual(s) to receive dental care, if necessary based on their individual needs.

3) Connecting Individuals to Dental Services The Respondent shall provide a plan for:

a)…