Lane County Health & Human Services REQUEST FOR PROPOSALS. 340B Third Party Administrator. 6/1/2017 through 5/31/2018. Renewable Through 5/31/2021

Transcription

1 Lane County Health & Human Services REQUEST FOR PROPOSALS 340B Third Party Administrator 6/1/2017 through 5/31/2018 Renewable Through 5/31/2021 Submit Proposals to: Proposals Due: 12:00 Noon (PT) March 30, 2017

2 TABLE OF CONTENTS PART I GENERAL INFORMATION... 3 Introduction... 3 Contract Requirements... 3 Proposal Preparation and Submission... 4 Proposal Evaluation and Award... 6 Protest Process PART II - PROGRAM INFORMATION Program Description Funding Additional Program Information PART III - CALENDAR OF EVENTS PART IV - GENERAL INSTRUCTIONS FOR SUBMISSION OF PROPOSALS PART V - PROPOSAL CONTENT Program Qualifications Section Statement of Assurances and Proposal PART VI - CRITERIA FOR EVALUATION OF PROPOSALS Program Qualifications Section PART VII - ATTACHMENTS Attachment A - Lane County Contract

3 INVITATION TO SUBMIT PROPOSALS Lane County will receive proposals for the Request for Proposals (RFP) for 340B Third Party Administrator until 12:00 Noon, Pacific Time, Thursday, March 30, Proposals must be submitted to Rochelle Black, Program Services Coordinator, at Proposals properly submitted and received will be opened immediately following the time proposals are due. To be considered, proposals must be submitted electronically in accordance with these instructions: 1. Proposals must be submitted as an attachment to an , submitted to the address stated above. 2. The subject line of the must contain the words "Proposal for" and the title of the RFP stated above. 3. Unless otherwise stated in the Proposal Requirements, proposal documents may be submitted in PDF format only and should be submitted as a single PDF. 4. Proposals must not include.zip files, or be more than 30MB in size. PART I - GENERAL INFORMATION Introduction Lane County is an Equal Opportunity Employer and the Lane County process of contracting is built on the principles of equity, consistency and understandability. When competition over services exists, a full Request for Proposals (RFP) process is initiated. Appropriate accommodations can be made upon notice for individuals with disabilities who wish to respond. Each proposer must be an equal opportunity employer willing to comply with all applicable provisions of the Civil Rights Act of 1964, as amended by the Equal Opportunity Act of 1972 (see 42 USCA 2000), all regulations there under (see 41 CFR Parts 60 and 60-1), Executive Orders and and all Oregon statutes and regulations regarding employment. The Lane County Department of Health & Human Services is seeking proposals from providers to provide 340B Third Party Administration. The term of the contract arising from this RFP will be June 1, 2017 through May 31, The contract may be renewed through May 31, 2021 based on revenue availability, contractor performance and/or need. Contract Requirements A. The contractor must operate the program independently and not as an agent of Lane County. Applications will be accepted from a consortium of agencies. One joint application from each consortium will be required. B. The contractor must comply with all applicable federal, state, local statutes, and rules governing the operations of the program, including, but not limited to the following: 3

4 1. The Americans with Disabilities Act of 1990, 42 USC et seq. as well as ORS through , ORS and ORS , and all rules and regulations implementing those laws. 2. Federal Code, Title 5 USCA 7201 et seq.: Anti-discrimination in Employment 3. ORS , , and, : Enforcement of Civil Rights 4. OAR : Basic Accounting Records (11/87) ( [Renumbered to , , , , , , , , , , ] 5. OAR through : Fraud & Embezzlement 6. The Health Insurance Portability and Accountability Act of 1996 (HIPAA). Upon request, information will be provided to assist in locating copies of these rules. C. The contractor will comply with all terms in the Lane County contract for these services, the basis for which is the attached Lane County contract, including exhibits. A copy of the contract is included in Attachment A. 1. All contract requirements concerning the provision of insurance must be met. This may include comprehensive liability with Lane County named as additional insured, professional liability, fidelity bonding and workers' compensation coverage. 2. Automobile insurance is required if clients are transported or a vehicle is used in conducting agency business under the contract. Professional liability insurance is required if services are provided by licensed staff. See the insurance required checklist, Exhibit H of the contract (Attachment A). Proposal Preparation and Submission A. Proposers are responsible to read and understand all portion of the solicitation documents, including attachments and addenda, if any, and to include all requirements in their proposals. To be responsive, proposals must be made in writing, and address the background, information, questions, criteria, and requests for information contained in the RFP. Proposals must be submitted in the required form and containing all required documents and responses, be signed by the proposer or its authorized representative, and submitted in the manner and number described in the RFP. Each proposer must be an equal opportunity employer willing to comply with all applicable provisions of the Civil Rights Act of 1964, as amended by the Equal Opportunity Act of 1972 (see 42 USCA 2000), all regulations there under (see 41 CFR Parts 60 and 60-1), Executive Orders and and all Oregon statutes and regulations regarding employment. 4

5 B. Proposals submitted in response to this RFP become public records under Oregon law and, following contract award, will be subject to disclosure to any person or organization that submits a public records request. Proposers are required to acknowledge that any proposal may be disclosed in its entirety to any person or organization making a records request, except for such information as may be exempt from disclosure under the law. Each proposer must clearly identify all information included in its proposal that is claimed to be exempt from disclosure. If the County receives a records request, including subpoena, covering information the bidder believes is covered by an applicable public records exemption, it is the proposer s responsibility to defend and indemnify the County for any costs associated with establishing such an exemption. C. Proposals must be received by the time and date stated for receipt in the RFP. To be considered, proposals must be submitted in the form and manner stated in the RFP complete with a Proposer's Certification Form signed by the proposer or its authorized representative, responses to all criteria and requirements included in the RFP, other documents required to be submitted, if any, and contain the number of copies required. By submitting a proposal, proposer acknowledges that the proposer has read and understands the terms and conditions applicable to this RFP, and accepts and agrees to be bound by the terms and conditions of the contract, including the obligation to perform the scope of work and meet the performance standards. D. A proposer may withdraw its proposal at any time prior to the deadline set for receipt of proposals, and may deposit a new sealed proposal in the manner stated in the RFP. The County may release an unopened proposal which has been withdrawn to the proposer or its authorized representative after voiding any date and time stamp mark. The County will not consider proposals received after the time and date indicated for receipt of proposals. A proposer may not modify its proposal after it has been deposited with Lane County, other than to address for minor informalities, unless the proposal is withdrawn and resubmitted as described above. Submission of Proposals Proposals will be received by Rochelle Black, Program Services Coordinator, for Lane County until 12:00 Noon, Pacific Time, March 30, 2017 at Rochelle.Black@co.lane.or.us, for 340B Third Party Administrator. Proposals will be publicly opened immediately following the time proposals are due. Proposals must be submitted electronically in PDF format only to: Rochelle.Black@co.lane.or.us and must be received in complete form prior to the time stated above. Appropriate accommodations can be made upon notice for individuals with disabilities who wish to respond. The County may issue an addendum to modify or add to the terms of the RFP, or to change the time or date for submission of proposals. Any addendum will be issued by the County in writing not less than seventy-two (72) hours prior to the deadline for receipt of proposals, and available on the County-Wide Bid Page or from the person identified above for printed copies 5

6 of RFP documents. Each proposer is responsible to verify for itself if any addendum has been issued prior to submission of its proposal; the County is not responsible to notify individual prospective proposers of the issuance of an addendum. The requirements or clarifications contained in any addenda issued must be included in the proposals received and will become part of any resulting contract. The County may reject any proposal not in compliance with all prescribed proposal procedures, requirements, rules, or laws, and may reject for good cause any and all proposals upon the County's finding that it is in the public interest to do so. The County will not examine any proposal prior to opening. The date and hour received will be documented in the file. All proposals submitted will be opened publicly at the time, date and place designated in the RFP by Rochelle Black, Program Services Coordinator. Any proposal or modification received after the designated deadline will not be opened or considered. The proposals submitted will be open to public inspection after the issuance of notice of intent to award, with the exception of certain information covered by an exemption to disclosure. Proposal Evaluation and Award A. Proposals will be reviewed by the public officer for responsiveness to the minimum requirements established by RFP, which include: (a) Submission of a completed Proposer's Statements and Certifications in the form included in this RFP. b) Compliance with proposal procedures, public contracting laws, and the requirements of the Lane Manual. (c) Application of any applicable preferences for goods and services that have been manufactured, produced or performed in Oregon (ORS 279A.120), resident bidders (ORS 279A.120), recycled materials (ORS 279A.125), or printing performed within the State (ORS ). B Evaluation of proposals will be conducted by the evaluation committee(s) as described in the RFP document based on the minimum requirements established by RFP, compliance with proposal procedures, public contracting laws, and the requirements of the Lane Manual. The evaluation committee will, for the purpose of evaluating proposals, apply any preferences for goods and services that have been manufactured, produced or performed in Oregon (ORS 279A.120), resident bidders (ORS 279A.120), recycled materials (ORS 279A.125), or printing performed within the State (ORS ). C. The evaluation committee for the RFP will be made up of the CHCLC Manager, CHCLC Clinical Pharmacist, and the Clinical Financial Services Manager. The County 6

7 will make the contract award based on the actual proposals received, on the basis of price, qualifications, experience, resources, proposed services, proposers' past record of performance for the County, and other factors identified in the RFP, as well as responses received from references, interviews, and follow-up questions, if any. Each proposal will be evaluated by the evaluation committee on the basis of how it corresponds to the factors, information, and requirements included in the RFP, and scored according to the criteria included in Criteria for Evaluation. Based upon evaluation of the submitted proposals, the evaluation committee may choose to conduct interviews with two or more proposers with the highest-scored proposals. Interviews may include a presentation by the proposer and questions regarding the proposal and services to be provided. Specific criteria for selection interviews, if any, will be distributed at the time interviews are scheduled. In evaluating the proposals and selecting a contractor, Lane County reserves the rights to: 1. Reject any and all proposals, 2. Issue subsequent Requests for Proposals for the same or similar goods or services, 3. Not award a contract for the requested services, 4. Waive any irregularities or informalities, 5. Accept the proposal which the County deems to be the most beneficial to the public and Lane County, 6. Negotiate with any proposer to further amend, modify, redefine or delineate its proposal, 7. Negotiate and accept, without re-advertising, the proposal of the next-highest scored proposer, in the event that a contract cannot be successfully negotiated with the selected proposer, which may occur prior to the time a final recommendation for award is made for executive approval, and 8. Further question any proposer to substantiate claims of experience, background knowledge, and ability. D. Minor informalities may be waived. Mistakes discovered after opening where the intended correct statement or amount is clearly evident or properly substantiated may be corrected. Where the intended correct statement or amount is not clearly evident or cannot be substantiated by accompanying documents, and where the statement or amount is material to determining compliance with the minimum requirements of the RFP, the proposal may not be accepted. The County reserves the right to waive technical defects, discrepancies and minor irregularities, and to not award a contract when it finds such action to be in the public interest. E. The County will provide written notice of its intent to award to a given proposer or proposers by April 17, F. The County reserves the right to cancel a solicitation, or reject any or all proposals in whole or in part when the cancellation or rejection is in the County s best interests as 7

8 determined by the County. This includes rejecting any proposal not in compliance with all prescribed public solicitation procedures and requirements, and for good cause, rejecting all proposals upon a finding that it is in the public interest to do so. If all proposals are rejected, new proposals may be called for in a new solicitation, or the proposals received may be considered with opportunity for supplemental submission. If there is partial rejection, the County may solicit supplemental information only from those proposers who submitted proposals, on the condition that it is unlikely that re-advertising would lead to greater competition. Rochelle Black is delegated the authority to reject all proposals, prepare findings of best interests, and provide written notice of rejection of all proposals. Clarification and Protest of Solicitation Documents If a clarification is necessary, an addendum will be issued in writing not less than seventy-two (72) hours prior to the deadline for receipt of proposals, and available on the County-Wide Bid Page or from the person identified above for printed copies of RFP documents. The addendum may postpone the date for submission of proposals by a minimum of five (5) calendar days. The requirements or clarifications contained in any addenda so issued must be included in the proposals received and will become part of any resulting contract. The apparent silence of the solicitation documents regarding any detail, or the apparent omission from the RFP of a detailed description concerning any point, means that only the best commercial or professional practice, material, or workmanship is to be used. A prospective proposer may protest the competitive selection process or provisions in the RFP documents if the prospective proposer believes the solicitation process is contrary to law or that a solicitation document is unnecessarily restrictive, legally flawed, or improperly specifies a brand name pursuant to the requirements of ORS 279B.405(2). Any written protest must be submitted to Rochelle Black by March 8, Lane County will consider the protest if the protest is timely filed and contains: (A) Sufficient information to identify the solicitation that is the subject of the protest; (B) The grounds that demonstrate how the procurement process is contrary to law or how the solicitation document is unnecessarily restrictive, is legally flawed or improperly specifies a brand name; (C) Evidence or supporting documentation that supports the grounds on which the protest is based; and (E) The relief sought. If the protest meets these requirements, the County will consider the protest and issue a decision in writing. If the protest does not meet these requirements, the County will promptly notify the prospective proposer that the protest is untimely or that the protest 8

9 failed to meet these requirements and give the reasons for the failure. The County will issue its decision on the protest not less than three (3) business days before proposals are due, unless a written determination is made by the County that circumstances exist that justify a shorter time limit. If a proposer finds discrepancies or omissions in the RFP documents, or is in doubt as to their meaning, the proposer must immediately notify Rochelle Black or other person identified for submission of questions. Protest Process A respondent to an RFP that submitted a responsive proposal, and is not selected for award, may protest the award or recommendation for award of a contract based on RFPs submitted. Any protest must be received by the County within seven (7) days of the notice of recommendation or intent to award or, if no notice is given, of actual award. Protests of award or intent to award will be considered by the LCRB, if the Board's action were required to award the contract. All other protests of intent of award will be considered by the County Administrator, or the Administrator's designee. The applicable grounds for this protest are set forth below. (1) Requirements for protest. (a) A protest of award of a public improvement contract must specify the applicable grounds for protest set forth in OAR (4)(c), which is hereby adopted into this rule. (b) All other protests of award must be in writing and specify the applicable grounds for the protest as set forth in ORS 279B.410(1). (iii) Any protest not in compliance with these rules may be rejected. (2) Review and determination. (a) Upon receipt of a protest, the department must promptly notify both the evaluation committee and the proposer recommended for award that a protest has been received, and furnish each with a copy of the protest. Both the recommended proposer and the committee may, within three (3) calendar days from the date the protest was received, respond to the protest in writing. (b) After a protest has been received, the Department that issued the RFP must prepare a written analysis of the protest and make a recommendation to the decision maker as to appropriate action to be taken. (c) Contracts Requiring Board Action to Award. If the public officer determines there is sufficient merit to reject proposals, the public officer may do so. If, following any action by the public officer, any portion of the protest remains, the LCRB must be provided with, and may consider, a complete copy of the written record, and any other evidence provided, at a public meeting. At the public meeting the LCRB may, at the LCRB's discretion, allow the department that issued the RFP and the appellant an opportunity to address the protest. The LCRB may affirm, reverse, or revise an award, or may send the matter back to the Department for further action, and must issue its decision by Board Order. 9

10 (d) Contracts Not Requiring Board Action to Award. The County Administrator has authority to reject proposals, or to affirm, reverse, or revise the award, or send the matter back to the department for further action. The Administrator must deliver this decision to the LCRB. If, within seven (7) days, the LCRB elects to review the matter, the LCRB must be provided with and may consider a complete copy of the written record, and any other evidence provided, at a public meeting. The LCRB may affirm, reverse, or revise an award, or may send the matter back to the Department for further action, and must issue its decision by Board Order. If the LCRB does not elect to review the matter within seven (7) days, the Administrator's decision will be final. (3) The procedures in this rule are mandatory to the extent they establish the time and manner for protests to be submitted to the County, including that the protest be in writing specifying the grounds and timely filed, and that there be a written response. The other protest procedures above are directory, and failure to follow or complete the action in the manner provided will not invalidate the County s decision. 10

11 PART II - PROGRAM INFORMATION Program Description Lane County, on behalf of the Community Health Centers of Lane County (CHCLC) is seeking proposals from eligible applicants able to provide 340B Third Party Administration including claims management of pharmacy services and administrative support functions, including diversion avoidance for the constituent clinics of the CHCLC. The County reserves the right to select separate providers per site. The County also reserves the right to reject any and all quotations, when it is in the public interest to do so. Proposers must be qualified to administrate 340B covered medications in accordance with all applicable Federal and State statutes and regulations. Proposer must also be able to identify and arrange direct Lane County contract pharmacy agreements with appropriate retail outlets located in proximity to Clinic locations or to facilitate ongoing relations with existing contract pharmacies. PLEASE NOTE: The CHCLC currently use Cardinal, McKesson and AmerisourceBergen as their 340B Wholesalers. Respondents must be able to utilize these companies as Wholesalers or be a registered 340B wholesaler. The CHCLC is a safety-net clinic and seeks low-cost options for its clients, including the use of generic pharmaceuticals and low dispensing fees. The CHCLC uses NextGen as their electronic health records database. GENERAL/ADMINISTRATIVE REQUIREMENTS: 1. The respondent must be qualified to order and administrate 340B covered medications in accordance with all applicable Federal and State, statutes and regulations. 2. The respondent will provide third party administration and management services for County s eligible patients, via jointly Administrator-County selected contract pharmacy or pharmacies. The respondent must be able to directly administer a bill to/ship to 340B virtual inventory replenishment model on behalf of all Lane County HRSA parent and child site locations and contract pharmacies. 3. The respondent must independently negotiate agreements with contract pharmacies willing to contract with Lane County for local dispensing. Lane County s current 340B network pharmacies include Safeway, Kroger (Fred Meyer), Rite-Aid, and Walmart pharmacies. The County will register and certify the contract pharmacies, not the respondent, with the Office of Pharmacy Affairs. Note, the County has also established a 340B contract pharmacy relationship with CareRx, LLC dba Payless Pharmacy, an in-house/closed door pharmacy that operates at the Lane County Behavioral Health building at 2411 Martin Luther King Jr. Blvd in Eugene. 4. The respondent must also independently establish a contractual relationship with the 11

12 County-selected 340B wholesaler(s). 5. The respondent must maintain all records and reports required under the resultant contract with Lane County and/or those required by the 340B or other applicable Federal and State statutes and regulations, for both the County and the contract pharmacy or pharmacies (to include mail order). Such records and reports shall be retained in accordance with the applicable Federal and State documentation regulations. 6. The respondent must maintain client/patient medication profiles. 7. The respondent shall manage the remittance of the revenue due Lane County based on the 340B prescriptions issued by CHCLC. 8. The respondent must establish and maintain a prescription dispensing tracking system to ensure there is no diversion of 340B medications and no Medicaid duplicatediscounts. 9. The respondent must establish and retain financial records in accordance with GAAP and must open such reports to Lane County, the State of Oregon and the Comptroller General of the United States, during normal business hours. 10. The respondent must establish and maintain ordering/dispensing reports that meet the requirements of the County and the 340B Wholesaler. 11. The respondent must have the capabilities to provide 340B pharmacy benefits management or consolidation of benefits (COB) for both uninsured and insured patients. 12. The respondent will be required to send regular scheduled Managed Medicaid rebate exclusion reports to the State of Oregon to ensure duplicate discounts are avoided. 13. The respondent will have a method to allow Lane County to manage and selectively carve in referral prescriptions. 14. The respondent must have the capability to give Lane County the option to select realtime or retrospective 340B prescription eligibility. 15. The respondent must provide Lane County with self-auditing tools for all pharmacies in its network, to assist Lane County in maintaining a compliant 340B program. 16. The respondent must provide, no less frequently than annually, face to face account review with a representative of Lane County. Funding Contractor and County will negotiate the fees as part of the contracting process, but the County has a vested interest in keeping medications affordable for CHCLC patients. County does not anticipate making direct payments to the Contractor. It is anticipated that Contractor 12

13 shall deduct all fees owed, for 340B Administration costs from the fees collected by the collaborating network of contract pharmacies. Additional Program Information If applicants need additional information about any aspect of the program, questions and requests for information should be addressed to Rochelle Black at Requested information to the extent it is available, will be provided to any applicant. 13

14 PART III - CALENDAR OF EVENTS March 1, RFP Packets Available March 8, Deadline for Commenting on or Protesting Specifications Believed to Limit Competition March 30, Proposal Due at 12:00 Noon to Rochelle.Black@co.lane.or.us April 20, Possible Interviews with Demo of Portal April 24, Notification of Committee Recommendations Mailed May 1, Protests of Recommendations Due May 3, Contract Awarded June 1, Anticipated Services Begin 14

15 PART IV - GENERAL INSTRUCTIONS FOR SUBMISSION OF PROPOSALS A. All proposals must be in the form specified in the RFP and must respond to all items requested. Proposals which are incomplete or fail to include all items may be rejected. B. In your proposal, please follow the sequence of questions or documentation requested in all sections of the application. Clearly label your responses so that they correspond to the question being answered. Restate the question or use the same numbering and lettering in your proposal as in this document. Submit one electronic copy of your proposal. Your proposal is due by 12:00 Noon on March 30, 2017 at which time it will be publicly opened by Rochelle Black. C. A proposal may be withdrawn by written request, if such request is received prior to the scheduled closing date for applications. Change of a filed proposal may be made by submitting the change in writing prior to the scheduled closing date for filing. D. Proposers may comment on, or object to any of the specifications of this RFP document which they believe limit competition or any contract term(s) with which they disagree. Comments must be in writing and submitted to Rochelle Black at Rochelle.Black@co.lane.or.us no later than March 8, 2017 at 12:00 Noon (PT). RFP protests should be clearly marked An RFP Specification Protest and include identification of the bid involved in the protest. Comments will be reviewed by department staff. If the comments are determined to be valid by the department, an addendum to the RFP will be issued to all applicants. E. All protests of intent to award must be filed within seven (7) days of the date of intent to award of the contract, pursuant to LM *** Please keep your proposal as brief as possible *** 15

16 PART V PROPOSAL CONTENT Program Qualifications Section In each response, as applicable, please indicate the number of years of experience that respondent has in providing each type of service and if these services have been provided for Lane County on behalf of Community Health Centers of Lane County. 1. Describe your experience and qualifications providing 340B Third Party Administration. 2. Describe your ability to directly administer a bill to/ship to 340B virtual inventory replenishment model. 3. Describe your experience negotiating 340B agreements with contract pharmacies. Do you have current agreements with any of Lane County s contract pharmacies? (Kroger, Safeway, CareRx dba Payless Drug, Rite-Aid, and Walmart). 4. Describe your agencies experience working with 340B wholesalers. Do you currently work with any of the 340B wholesalers Lane County contracts with? (McKesson, Cardinal and AmerisourceBergen) 5. Describe your process for managing the remittance of the revenue due Covered Entity based on the 340B prescriptions issued by the CHCLC. 6. Describe the ordering/dispensing reports that you provide to Covered Entities and to 340B Wholesalers. Please provide sample reports and/or screen shots of the portal. 7. Describe your capability to provide 340B pharmacy benefits management or consolidation of benefits (COB) for both uninsured and insured patients. 8. Do you have experience sending regularly scheduled Managed Medicaid rebate exclusion files to the State of Oregon to ensure duplicate discounts are avoided? If so, please describe your process. 9. Describe your method to allow Covered Entity to manage and selectively carve in referral prescriptions. 10. Do you have the capability to give Covered Entity the option to select real-time or retrospective 340B prescription eligibility? If so, please describe your process. 11. Do you have the ability to provide Covered Entity with self-auditing tools to assist Lane County in maintaining a compliant 340B program? Please describe your process(s) utilized and support provided to ensure contracted Covered Entities are in compliance with the 340B program. 12. Describe the support you will provide to Covered Entity staff including onsite visits if applicable. 13. The CHCLC uses NextGen for their Electronic Health Record. Describe your experience interfacing with NextGen and/or other electronic health records databases. 16

17 Please provide an estimated time to implement the interface. 14. Please provide the quotation for services in this format: Fee Amount Percentage Retained by 340B Administrator Fees, per prescription (or other methodology as defined) Other Charges to Patients of CHCLC Other Charges to Covered Entity Percentage Paid to Contract Pharmacy 15. References: Please submit complete contact information for at least two Federally Qualified Health Centers you have provided Third Party Administration services for, preferably in Oregon. 17

18 PROPOSER'S STATEMENTS AND CERTIFICATIONS Proposer's Name: RFP Title: PROPOSER'S STATEMENTS Proposer offers to provide the required services in accordance with the requirements of the Request for Proposals (RFP) stated above and the enclosed proposal. The undersigned Proposer declares that the Proposer has carefully examined the above-named Request for Proposals, and that, if this proposal is accepted, Proposer will execute a contract with the County to furnish the services of the proposal submitted with this form. Proposer attests that the information provided is true and accurate to the best of the personal knowledge of the person signing this proposal, and that the person signing has the authority to represent the individual or organization in whose name this proposal is submitted. By execution of this Form, the undersigned Proposer accepts all terms and conditions of this Request for Proposals except as modified in writing in its proposal. Proposer agrees that the offer made in this proposal will remain irrevocable for a period of sixty (60) days from the date proposals are due. By execution of this Form, the undersigned Proposer acknowledges that its entire proposal is subject to Oregon Public Records Law (ORS ), and may be disclosed in its entirety to any person or organization making a records request, except for such information as may be exempt from disclosure under the law. Proposer agrees that all information included in this proposal that is claimed to be exempt from disclosure has been clearly identified either in the Proposer's Statement, or in an itemization attached hereto. Proposer further acknowledges its responsibility to defend and indemnify the County for any costs associated with establishing a claimed exemption. ADDENDA Proposer has received and considered, in the accompanying proposal, the terms of the following addenda, if any: CERTIFICATIONS By signing this Proposer's Certification form, Proposer certifies that: 1. Proposer is is not (check one) a resident bidder, as defined in ORS 279A Proposer has not discriminated and will not discriminate against a subcontractor in awarding a subcontract because the subcontractor is a minority, women, or emerging small business enterprises certified under ORS or a business enterprise that is owned or controlled by or that employs a disabled veteran, as defined in ORS This proposal is made without connection or agreement with any individual, firm, partnership, corporation, or other entity making a proposal for the same services, and is in all respects fair and free from collusion or collaboration with any other proposer. 4. Proposer has, to the best of Proposer's knowledge, complied with Oregon tax laws in the period prior to the submission of this proposal, including: a. All tax laws of the State of Oregon, including but not limited to ORS and ORS chapters 316, 317, and 318, b. Any tax provisions imposed by a political subdivision of this state that applied to Proposer or its property, goods, services, operations, receipts, income, performance of or compensation for any work performed, and 18

19 c. Any rules, regulations, charter provisions, or ordinances that implemented or enforced any of the foregoing tax laws or provisions. 5. Proposer certifies they can meet all of the requirements listed in the General/Administrative Requirements section. The undersigned, by signature here, acknowledges, accepts, and certifies to the Proposer's Statements and Certifications as stated above. PROPOSER Authorized signature Proposer s legal name Name of authorized signer Address Title Date Federal Tax ID Number 19

20 PART VI - CRITERIA FOR EVALUATION OF PROPOSALS Each proposal will be evaluated according to the following set of criteria. The evaluation committee may use any material submitted in the proposal for any item in the evaluation process. The weight or degree of importance, associated with each criterion is printed on the right side of the form. For each criterion, a scale of values ranging from 0 to 10 is provided, where 0 reflects failure with respect to the criterion and 10 denotes excellence. Each item will be scored, and the value will be multiplied by the weight for that criterion. Program Qualifications Section 1. Does the proposer have experience providing 340B Third Party Administration? Were any of the services performed for CHCLC? Number of years of experience? x1 2. Is the proposer able to directly administer a bill to/ship to 340B virtual inventory replenishment? Were any of the services performed for CHCLC? Number of years of experience? x1 3. Does the proposer have experience negotiating 340B agreements with contract pharmacies? Do they have current agreements with any of Lane County s contract pharmacies? (Kroger, Safeway, CareRx dba Payless Drug, Rite-Aid, and Walmart). Were any of the services performed for CHCLC? Number of years of experience? x2 4. Does the proposer have experience working with 340B wholesalers? Does Lane County currently contract with any of the wholesalers they have experience with? (McKesson, Cardinal and AmerisourceBergen) Were any of the services performed for CHCLC? Number of years of experience? x1 5. Does the process for managing the remittance of the revenue appear reasonable? Were any of the services performed for CHCLC? Number of years of experience? x1 6. Are the reports comprehensive and easy to understand? Does the portal appear easy 20

21 to use? x2 7. Is the proposer able to provide 340B pharmacy benefits management or consolidation of benefits (COB) for both uninsured and insured patients? Number of years of experience? x2 8. Does the proposer have experience sending regularly scheduled Managed Medicaid rebate exclusion report to the State of Oregon to ensure duplicate discounts are avoided? Were any of the services performed for CHCLC? Number of years of experience? x1 9. Is there a method in place to allow Covered Entity to manage and selectively carve in referral prescriptions? Number of years of experience? x3 10. Does the proposer have the capability to give Covered Entity the option to select realtime or retrospective 340B prescription eligibility? Were any of the services performed for CHCLC? Number of years of experience? x2 11. Does the proposer have the ability to provide self-auditing tools to assist in maintaining a compliant 340B program? Were any of the services performed for CHCLC? Number of years of experience? x3 12. Does the level of support described meet our requirements and do they include onsite, face-to-face meetings? x1 13. Does the proposer have experience interfacing with electronic health records? Do 21

22 they have experience with NextGen? Does the estimated time to implement seem reasonable? Were any of the services performed for CHCLC? Number of years of experience? x1 14. Do the fees appear reasonable? x3 REVIEWER NAME: AGENCY REVIEWED: DATE REVIEWED: 22

23 PART VII - ATTACHMENTS Attachment A - Lane County Contract 23

24 LANE COUNTY PROFESSIONAL SERVICES CONTRACT BOILERPLATE (With Indemnity) In performing these services, it is understood and agreed that: 1. CONTRACTOR represents and warrants to COUNTY that: A. CONTRACTOR has the power and authority to enter into and perform this contract. B. This contract, when executed and delivered will be a valid and binding obligation of CONTRACTOR and enforceable in accordance with its terms. C. The work under this contract will be performed in accordance with the highest professional standards. D. CONTRACTOR will, at all times during the term of this contract, be qualified, professionally competent and duly licensed to perform the work. E. CONTRACTOR will meet all requirements, including HIPAA Provisions if included, specified in Exhibit A Additional Terms and Conditions. F. CONTRACTOR will perform the services specified in Exhibit B Program Plan, by this reference made a part hereof, at a rate specified in Exhibit C Budget, by this reference made a part hereof. G. CONTRACTOR will provide match at a level specified in Exhibit D Match. H. CONTRACTOR will provide reports as specified in Exhibit E Special Reporting Requirements. I. CONTRACTOR will comply with the rules and regulations of COUNTY (Lane Manual ), specified in Exhibit F Standard Contract Provisions, by this reference made a part hereof. J. By execution of this contract, CONTRACTOR certifies to the best of CONTRACTOR s knowledge and belief that CONTRACTOR is in compliance with, and will abide by, all federal requirements specified in Exhibit G Federal Requirements. K. CONTRACTOR will comply with all terms and conditions of the Contract. In the event of a conflict between the requirements of this document and any Exhibit, the requirements of this document prevail. L. In addition to the terms stated in this Contract, CONTRACTOR will, in the course of carrying out CONTRACTOR s work, comply at all times with the then-current Mandatory County Policies for Vendors published on the County s County-Wide Bid Page at: 2. The performance of this Contract is at CONTRACTOR'S sole risk. The parties agree and acknowledge that their relationship is that of independent contracting parties and that CONTRACTOR is not an officer, employee, or agent of COUNTY as those terms 1

25 are used in ORS or otherwise. Notwithstanding the Oregon Tort Claims Act or provisions of any other Contract, CONTRACTOR is acting as and assumes liability of an independent contractor as to any claims between COUNTY and CONTRACTOR. CONTRACTOR is solely liable for any workers' compensation coverage; social security, unemployment insurance or retirement payments; and federal or state taxes due as a result of payments under this Contract, whether due on account of CONTRACTOR or CONTRACTOR s subcontractor, if any. 3. CONTRACTOR is not currently employed by COUNTY and will not be under the direct control of COUNTY. CONTRACTOR will not be eligible for any federal social security, state workers' compensation, unemployment insurance or Public Employees Retirement System benefits from this contract payment. 4. The CONTRACTOR, its subcontractors, if any, and all employees working under this contract are subject employers under the Oregon Workers Compensation Law and will comply with ORS , which requires them to provide workers compensation coverage for all their subject workers or be exempt under ORS The CONTRACTOR is also an independent contractor for purposes of the Oregon Workers' Compensation Law (ORS Chapter 676) and is solely liable for any workers' compensation coverage under this contract. 5. COUNTY will report the total amount of all payments to CONTRACTOR, including any expenses, in accordance with Federal Internal Revenue and State of Oregon Department of Revenue regulations. 6. To the extent permitted by the Oregon Constitution, and to the extent permitted by the Oregon Tort Claims Act, and to the extent otherwise provided for in private contracts of insurance, the parties agree to indemnify, defend, and hold each other, their agents, officers and employees, harmless from all damages, losses and expenses, including but not limited to attorney fees, and to defend all claims, proceedings, lawsuits, and judgments arising out of or resulting from the other party s negligence in the performance of or failure to perform under this Contract. No party to this Contract will be required to indemnify or defend the other party for any liability arising solely out of wrongful acts of its own officers, employees or agents. 7. CONTRACTOR will provide and maintain all insurance specified in Exhibit H - Insurance Coverage Required. As evidence of the insurance coverage required by this contract, the CONTRACTOR will furnish a certificate of insurance to: Lane County Health & Human Services, 151 West 7th Avenue, Room 520, Eugene, OR The certificate must include a notice provision regarding cancellation. Insurance coverage required under this contract will be obtained from insurance companies authorized to do business in the state of Oregon. If CONTRACTOR is self-insured under the laws of the state of Oregon, CONTRACTOR will provide appropriate declarations of coverage. 8. CONTRACTOR will not cancel, materially change, or not renew insurance coverage. CONTRACTOR, will notify Lane County Health & Human Services, 151 West 7th Avenue, Room 520, Eugene, OR 97401, of any material reduction or exhaustion of aggregate limits. Should any policy be canceled before final payment by COUNTY to CONTRACTOR, and should CONTRACTOR fail to immediately procure other insurance 2

26 as specified, COUNTY reserves the right to procure such insurance and to deduct the cost thereof from any sum due CONTRACTOR under this contract. Any insurance bearing any adequacy of performance will be maintained after completion of the contract for the full guaranteed period, and should the CONTRACTOR fail to immediately procure such insurance as specified, COUNTY reserves the right to procure such insurance and to charge the cost thereof to CONTRACTOR. 9. Nothing contained in these insurance requirements is to be construed as limiting the extent of CONTRACTOR's responsibility for payment of damages resulting from CONTRACTOR's operation under this contract. 10. This Contract may be terminated without cause by either party after giving 30 days written notice to the other of intent to terminate without cause. If it has been determined by COUNTY that the health and safety of clients, staff or the public has been jeopardized by CONTRACTOR, COUNTY may terminate this Contract with less than 30 days written notice. 11. The COUNTY may terminate all or part of this contract immediately upon written notice if COUNTY does not obtain funding, appropriations and other expenditure authorization from COUNTY'S governing body, federal, state, or other sources sufficient to meet the payment obligations of COUNTY under this Contract, as determined by COUNTY in the reasonable exercise of its administrative discretion. The COUNTY will give more notice whenever possible. 12. By execution of this contract, CONTRACTOR certifies under penalty of perjury that: A. To the best of CONTRACTOR's knowledge, CONTRACTOR is not in violation of any tax laws described in ORS (4); and B. CONTRACTOR has not discriminated against minorities, women or small business enterprises in obtaining any required subcontracts. C. CONTRACTOR has not discriminated against a subcontractor in awarding a subcontract because the subcontractor is a business enterprise that is owned or controlled by or that employs a disabled veteran as defined in ORS D. CONTRACTOR is in compliance with the requirements of Lane Manual Ch. 21, Sections 130(12) and (18) regarding tax law compliance, non-discrimination, and licensing. 13. CONTRACTOR must have all licenses and permits necessary to perform the contract. 14. The COUNTY is not obligated to pay any amount greater than that stated in this contract. 15. Modifications or amendments to this contract are effective only if in writing and executed by both parties. 3

27 16. CONTRACTOR hereby agrees to maintain the security and privacy of any and all protected health information (PHI) received as a part of performing this contract in a manner consistent with state and federal laws and regulations, including the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and regulations there under, and all other applicable laws. No information contained in a client record will be disclosed if such disclosure is prohibited by ORS to , 45 CFR Section or 42 CFR Part 2, any administrative rule adopted by the State of Oregon Department of Human Services implementing the foregoing laws, or any other applicable federal or state confidentiality law. CONTRACTOR has and will maintain appropriate administrative, technical and physical safeguards to protect the security, confidentiality, and integrity of personal information pursuant to ORS 646A.622 (2), and agrees to comply with all other provisions of ORS et.seq. (the Oregon Consumer Identity Theft Protection Act) throughout the terms of this Contract. 17. CONTRACTOR will demonstrate through its actions an understanding and appreciation for diversity and differences in its clients. This will be demonstrated through provision of equal access to services for all clients. CONTRACTOR will respect and value gender, language, race, developmental ability and socioeconomic diversity in its clients and will respect the client s right to privacy in such areas as religious faith, political beliefs and sexual orientation. All clients will be treated with dignity and respect, regardless of gender, language, race, developmental ability, religion, political beliefs, sexual orientation and socioeconomic level. 18. Neither this contract, nor the responsibilities for providing services, may be assigned or delegated by CONTRACTOR without the prior written consent of COUNTY. The provisions of this Contract are binding upon and inure to the benefit of the parties to this Contract, their respective successors, and permitted assigns. If CONTRACTOR requests COUNTY approval of any assignment or subcontractor, the CONTRACTOR will submit the proposed subcontract or assignment in writing to COUNTY for written approval and CONTRACTOR will require the subcontractor to comply with all terms and conditions of the contract between the COUNTY and CONTRACTOR. COUNTY's intent is to insure the rigorous review of management and program services of organizations or persons providing services with public monies. 19. The parties are required to exert every effort to cooperatively resolve any disagreements that may arise under this Contract. This may be done at any management level, including at a level higher than the persons directly responsible for administration of the Contract. In the event that the parties alone are unable to resolve any conflict under this Contract, they are encouraged to resolve their differences through mediation or arbitration, using such process as they may choose at the time. 20. Failure of COUNTY to enforce any provision of the contract does not constitute a waiver or relinquishment by COUNTY of the right to such performance in the future nor of the 4