STATE OF FLORIDA AGENCY FOR PERSONS WITH DISABILITIES. SUNLAND CENTER Marianna, Florida. TACACHALE CENTER Gainesville, Florida REQUEST FOR PROPOSAL

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1 physi STATE OF FLORIDA AGENCY FOR PERSONS WITH DISABILITIES SUNLAND CENTER Marianna, Florida TACACHALE CENTER Gainesville, Florida REQUEST FOR PROPOSAL PHARMACEUTICAL RFP # APD Commodity Code(s):

2 TABLE OF CONTENTS SECTION TITLE Page 1 INTRODUCTION 1.1 Introduction to the Procurement Statement of Purpose Statement of Need Term of the Agreement Contact Person and Procurement Manager Definitions MyFloridaMarketPlace Transaction Fee Vendor Registration in MyFloridaMarketPlace 5 2 RFP PROCESS 2.1 General Overview of the Process Official Notices and Public Records Protests and Disputes Limitations on Contacting Agency Personnel Schedule of Events and Deadlines Notice of Intent to Submit a Proposal Mandatory Solicitation Conference Written Inquiries Receipt of Proposals and Waiver of Minor Irregularities Application of Mandatory Requirements Request to Withdraw Proposal Cost of Preparation of Proposal PUR Agency s Reserved Rights 11 3 MINIMUM SPECIFICATIONS 3.1 Vendor Qualifications Minimum Programmatic Specifications Equipment Minimum Financial Specifications Composition of the Purchase Order 15 4 INSTRUCTIONS FOR RESPONDING TO THE RFP 4.1 How to Submit a Proposal Content of the Proposal Proposal Format 21 5 THE SELECTION METHODOLOGY 5.1 Award Agency s Reserved Rights Relating to Award Posting Notice of Award 23 Appendices on Next Page 2 RFP

3 SECTION TITLE Page APPENDICES Appendix I Notice of Intent to Submit a Proposal 24 Appendix II Mandatory Requirements, Vendors Statements and Certifications 25 Appendix III Purchase Order Terms and Agreements 30 Appendix IV Program Specific Terms 35 Appendix V Mandatory Requirements Checklist 37 Appendix VI Evaluation Information 38 Appendix VII Rating Summary Sheet for the Programmatic Proposal 39 Appendix VIII Rating Sheet for the Programmatic Proposal Evaluation Criterion 1 40 Appendix IX Rating Sheet for the Programmatic Proposal Evaluation Criterion 2 41 Appendix X Rating Sheet for the Programmatic Proposal Evaluation Criterion 3 42 Appendix XI Rating Sheet for the Programmatic Proposal Evaluation Criterion 4 43 Appendix XII Rating Sheet for the Programmatic Proposal Evaluation Criterion 5 44 Appendix XIII Rating Sheet for the Programmatic Proposal Evaluation Criterion 6 45 Appendix XIV Rating Summary Sheet for the Cost Proposal 46 Appendix XV Rating Sheet for the Cost Proposal Evaluation Criterion 1 47 Appendix XVI Rating Summary Sheet for the Financial Strength and Capacity Proposal 48 Appendix XVII Rating Sheet for the Financial Strength and Capacity Evaluation Criterion 1 49 Appendix XVIII Statement of Work 51 Appendix XVIV Business Associate Agreement 68 3 RFP

4 SECTION 1. INTRODUCTION 1.1 Introduction to the Procurement The AGENCY FOR PERSONS WITH DISABILITIES (Agency), is issuing this solicitation to interested parties for the purpose of pharmaceutical services procurement. This solicitation is issued in accordance with the provisions of Section , Florida Statutes, Chapter 60A-1 of the Florida Administrative Code, and applicable Agency policies and procedures. Any person interested in responding to the solicitation must comply with any and all of the terms and conditions described in the solicitation. A failure to read, understand, or comply with the terms of the solicitation may result in the Agency s inability to accept or fully consider the response. 1.2 Statement of Purpose The Agency is seeking a qualified vendor for the delivery of individual filled prescriptions and Medicaid/Medicare billing services. 1.3 Statement of Need The Agency s need is for pharmaceutical services for all residents of Tacachale Center in Gainesville, Florida and Sunland Center in Marianna, Florida. Services shall include preparing, packaging, delivering and dispensing of prescriptions for prescribed medications and over the counter medications and third party billing Medicaid/Medicare. The purpose of this RFP is to identify qualified vendor(s) to provide pharmaceutical services for Sunland Center and Tacachale Center. Prospective vendors may submit a proposal for one or both of the locations. 1.4 Term of the Agreement The anticipated start date of the resulting purchase order is July 1, A blanket purchase order will be established to the successful vendor through the MyFloridaMarketPlace (MFMP) purchasing system. The State of Florida Comptroller will issue payment. This agreement is effective for one (1) year with the option to renew up to three years. Renewal of the agreement shall be in writing and shall be subject to the same terms and conditions set forth in the original Request for Proposal. This Special Condition takes precedence over General Conditions #26 in PUR1000: The Purchase Order resulting from this solicitation may be renewed for a period not to exceed three (3) years or the term of the original contract/purchase order, whichever is longer. The renewal may not include any compensation for costs associated with the renewal. Any renewal shall be in writing and subject to the same terms and conditions of the original bid. Any renewal shall be contingent upon satisfactory performance evaluations by the Agency and subject to the availability of funds. 1.5 Contact Person and Procurement Manager This RFP is issued by the State of Florida, AGENCY FOR PERSONS WITH DISABILITIES. The single point of contact for all communication regarding this RFP is: Ashley Bridges, Procurement Manager Mailing Address: AGENCY FOR PERSONS WITH DISABILITIES 4030 Esplanade Way, Suite 215P 4 RFP

5 Tallahassee, Florida Address: All contact with the Procurement Manager shall be in writing via or U.S. mail, or other common courier. No facsimiles or telephone calls will be accepted for any reason. 1.6 Definitions For contract terms and program or service specific terms see Appendix IV. 1.7 MyFloridaMarketPlace Transaction Fee The State of Florida, through the Department of Management Services, has instituted MyFloridaMarketPlace, a statewide eprocurement System, pursuant to subsection (22), Florida Statutes, all payments shall be assessed a Transaction Fee of one percent (1.0%), which the vendor shall pay to the State. For payments within the State accounting system (FLAIR or its successor), the Transaction Fee shall, when possible, be automatically deducted from payments to the vendor. If automatic deduction is not possible, the vendor shall pay the Transaction Fee pursuant to Rule 60A-1.031(2), Florida Administrative Code, F.A.C.. By submission of these reports and corresponding payments, vendor certifies their correctness. All such reports and payments shall be subject to audit by the State or its designee. The vendor shall receive a credit of any Transaction Fee paid by the vendor for the purchase of any item(s) if such item(s) are returned to the vendor through no fault, act, or omission of the vendor. Notwithstanding the foregoing, a Transaction Fee is nonrefundable when an item is rejected or returned, or declined, due to the vendor s failure to perform or comply with specifications or requirements of the agreement. Failure to comply with these requirements shall constitute grounds for declaring the vendor in default and recovering procurement costs from the vendor in addition to all outstanding fees. VENDORS DELINQUENT IN PAYING TRANSACTION FEES MAY BE EXCLUDED FROM CONDUCTING FUTURE BUSINESS WITH THE STATE. 1.8 Vendor Registration in MYFloridaMarketPlace Any vendor who is awarded a purchase order from this bid shall provide a copy of the registration certification from the Florida Department of State to the Agency for Persons with Disabilities upon execution. No purchase order may be awarded by any state agency to any vendor who is not registered in the MyFloridaMarketPlace eprocurement system unless exempted by Rule 60A-1.030(3), F.A.C. SECTION 2. RFP PROCESS 2.1 General Overview of the Process Proposals that meet the Mandatory Requirements of this RFP and are otherwise responsive will be eligible for evaluation. Following the evaluation and the Agency s decision regarding the recommended ranking, the Agency will post a notice of intended award, identifying the vendor(s) selected for award. Final terms will be established with the selected vendor(s). 2.2 Official Notices and Public Records Notices Regarding the RFP All notices, decisions, intended decisions, addenda and other matters relating to this procurement will be electronically posted on the Department of Management Services (DMS) Vendor Bid System (VBS) website located at: 5 RFP

6 In order to find postings at such location: 1. Click on Search Advertisements 2. Under Agency select AGENCY FOR PERSONS WITH DISABILITIES 3. Scroll down to the bottom of the screen and click on Initiate Search It is the responsibility of prospective vendors to check the VBS for addenda, notices of decisions and other information or clarifications to this RFP Public Records All electronic and written communications pertaining to this RFP, whether sent from or received by the Agency, are subject to, Florida Statute Vendor shall keep and maintain public records that ordinarily and necessarily would be required by APD in order to perform the services specified in this RFP. Vendor shall provide the public with access to public records on the same terms and conditions that APD would provide the records and at a cost that does not exceed the cost provided in accordance with APD costs and rates or as otherwise provided by law. Vendor shall ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law. Vendor shall meet all requirements for retaining public records and transfer, at no cost, to APD all public records in possession of vendor upon termination of the Purchase Order and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to APD in a format that is compatible with the information technology systems of the APD. If vendor does not comply with a public records request, this shall constitute an immediate breach of the Purchase Order for which APD may unilaterally and without prior notice terminate the Purchase Order 2.3 Protests and Disputes Time Limits for Filing Protests Any person who is adversely affected by the decision or intended decision made by the Agency pursuant to this solicitation shall file with the Agency a notice of protest in writing within 72 hours (Saturdays, Sundays, and state holidays excluded) after the posting of the notice of decision, or intended decision. The formal written protest shall be filed within ten (10) days after the date the notice of protest is filed Protests of Terms, Conditions and Specifications With respect to a protest of the terms, conditions and specifications contained in this solicitation, including any provisions governing the methods for ranking proposals, 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 (Saturdays, Sundays, and state holidays excluded) after the posting of the solicitation. For purposes of this provision, the term the solicitation includes any addendum, response to written questions, clarification or other document concerning the terms, conditions, or specifications of the solicitation. The formal written protest shall be filed within ten (10) days after the date the notice of protest is filed. 6 RFP

7 2.3.3 Protest Bond Requirement When protesting a decision or intended decision (including a protest of the terms, conditions and specifications contained in the solicitation), the protestor must post a bond equal to one percent (1%) of the Agency s estimated contract amount. The estimated contract amount shall be based upon the contract price submitted by the protestor. If no contract price was submitted, the Agency shall provide the estimated contract amount to the protestor within 72 hours (excluding Saturdays, Sundays, and state holidays) after the notice of protest has been filed. The estimated contract amount is not subject to protest pursuant to s (3), F. S. 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 action is brought and in any subsequent appellate court proceeding. FAILURE TO FILE THE PROPER BOND AT THE TIME OF FILING THE FORMAL PROTEST WILL RESULT IN A REJECTION OF THE PROTEST. In lieu of a bond the Agency may accept a cashier s check, official bank check, or money order in the amount of the bond Filing a Protest A notice of protest, formal protest, and bond are filed, when received by the contact person listed in Section 1.5 above. Filing may be achieved by handdelivery, courier, US Mail or facsimile transfer. Filing by will not be accepted. All methods of delivery or transmittal to the Agency s contact person shall remain the responsibility of the protestor and the risk of nonreceipt or delayed receipt shall be upon the protestor. FAILURE TO FILE A PROTEST WITHIN THE TIME PRESCRIBED IN S (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. 2.4 Limitations on Contacting Agency Personnel Contact Limited Respondents to this solicitation or persons acting on their behalf may not contact, between the release of the solicitation and the end of the 72-hour period following the agency posting the notice of intended award, excluding Saturdays, Sundays, and state holidays, any employee or officer of the executive or legislative branch concerning any aspect of this solicitation, except in writing to the procurement officer or as provided in the solicitation documents. Violation of this provision may be grounds for rejecting a response Violation of Contact Limitations Prospective vendors or persons acting on their behalf may only contact Agency personnel or any employee or officer of the executive or legislative branch concerning any aspect of this solicitation, in writing to the contact person identified in Section 1.5 above or as otherwise provided in this solicitation. Any such contact by an affiliate, a person with a relevant business relationship with a prospective vendor, or an existing or prospective subcontractor to a prospective vendor is assumed to be on behalf of a prospective vendor unless otherwise shown. 7 RFP

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9 2.5 Schedule of Events and Deadlines ACTIVITY DATE TIME (All RFP advertised and released on Florida Vendor Bid System (VBS): Notice of Intent to Submit a Proposal received by Agency: April 20, 2015 April 27, 2015 Easter n) ADDRESS DMS Vendor Bid System Electronic Posting site: ATTENTION: Ashley Bridges, Procurement Manager Agency for Persons with Disabilities 4030 Esplanade Way, Suite 215P Tallahassee, FL *Mandatory Solicitation Conference at Tacachale Center May 4, :30 am Agency for Persons with Disabilities Tacachale Risk Management Building 1621 NE Waldo Road Gainesville, FL *Mandatory Solicitation Conference at Sunland Center May 7, :30 am Agency for Persons with Disabilities Sunland Administration Building 3700 Williams Drive Marianna, FL Submission of written inquiries must be received by Agency: May 18, :00 pm ATTENTION: Ashley Bridges, Procurement Manager Agency for Persons with Disabilities 4030 Esplanade Way, Suite 215P Tallahassee, FL Anticipated posting of Agency's Response to Inquiries: Sealed Proposals must be received by the Agency: May 26, :00 pm DMS Vendor Bid System Electronic Posting site: June 8, :00 pm ATTENTION: Ashley Bridges, Procurement Manager Agency for Persons with Disabilities 4030 Esplanade Way, Suite 215P Tallahassee, FL *Proposal Opening and Review of Mandatory Requirements: June 8, :05 pm Agency for Persons with Disabilities 4030 Esplanade Way Tallahassee, FL *Debriefing Meeting of the Evaluators and ranking of the proposals: Anticipated posting of Intended to Award: June 12, 2015 Anticipated Purchase Order Begin Date: September 1, :00 am Agency for Persons with Disabilities 4030 Esplanade Way Tallahassee, FL June 23, :00 pm DMS Vendor Bid System Electronic Posting site: *All prospective vendors are hereby notified that the meetings noted with an asterisk above (*) are open to the public and may be electronically recorded by any member of the audience. Although the public is invited, no comments or questions will be taken from prospective vendors or other members of the public. NOTE: All times in the Schedule of Events and Deadlines are local times for Tallahassee, Florida. Although the Agency may choose to use additional means of publicizing the results of this solicitation, posting on the VBS is the only official notice recognized for the 9 RFP

10 purpose of determining timeliness in the event of protest. 2.6 Notice of Intent to Submit a Proposal Vendors who are interested in responding to this RFP are encouraged to send a Notice of Intent to Submit a Proposal (Appendix I) to the Procurement Manager specified in Section 1.5, on or before the date and time specified in the Schedule of Events and Deadlines, Section 2.5. Submission of a Notice of Intent is not a pre-requisite for acceptance of proposals from prospective vendors. 2.7 Mandatory Solicitation Conference There will be a Mandatory Solicitation Conference and site visit for participating prospective vendors and/or vendors representatives. The Mandatory Solicitation Conference will be held at the date, time, and place specified in Section 2.5, Schedule of Events and Deadlines. All vendors must sign in at the respective place specified in Section 2.5. Failure to sign in will result in the disqualification of submitted proposal(s). The Mandatory Solicitation Conference is to review the RFP with interested vendors so that areas of misunderstanding or ambiguity are clarified, and so that the vendors may familiarize themselves with the conditions that might in any manner affect the work to be done, or the equipment, materials, and labor required. Prospective vendors shall examine this RFP carefully. Ignorance of any requirements contained herein will not relieve the vendor of liability and obligations under the resulting purchase order. Small Businesses, Certified Minority, and Women s Business Enterprises are encouraged to participate in any conferences, pre-solicitation, or pre-bid meetings that are scheduled. 2.8 Written Inquiries Prospective vendor questions will only be accepted if submitted in writing to the Procurement Manager specified in Section 1.5, via or U.S. mail, or other delivery service, and received on or before the date and time specified in Section 2.5, Schedule of Events and Deadlines. No questions will be accepted by facsimile or telephone. Copies of the responses to all inquiries, and clarifications or addenda if made to the RFP, will be made available by the date and time specified in Section 2.5 through electronic posting on the VBS website at: Receipt of Proposals and Waiver of Minor Irregularities Proposal Deadline Proposals must be received by the Agency no later than the date and time and at the address specified in Section 2.5. All methods of delivery or transmittal to the Agency s contact person shall remain the responsibility of the prospective vendor and the risk of non-receipt or delayed receipt shall be upon the prospective vendor Binding Proposals By submitting a proposal, each vendor agrees that its proposal shall remain a valid offer for at least ninety (90) days after the proposal opening date and that, in the event the contract award is delayed by appeal or protest, such ninety (90) day period is extended until entry of a final order in response to such appeal or protest Changes to Proposals After Submission Prohibited Except as provided in Section 2.13, no changes, modifications, or additions to the proposal submitted (after the deadline for proposal opening has passed) will be accepted by or be binding on the Agency. 10 RFP

11 2.9.4 Receipt Statement Proposals not received at either the specified place, or by the specified date and time, or both as specified in Section 2.5 will be rejected and returned unopened to the prospective vendor by the Agency. The Agency will retain one unopened original for use in the event of a dispute Application of Mandatory Requirements A prospective vendor must comply with all Mandatory Requirements in order to be considered for selection under this RFP. The Mandatory Requirements for this RFP are set forth in Appendix II The Procurement Manager will examine each proposal to determine whether the proposal meets the Mandatory Requirements specified in Appendix II A proposal that fails to meet the Mandatory Requirements will be deemed nonresponsive and will not be evaluated Meeting the Mandatory Requirements alone will not impact any ranking in the evaluation process An initial determination that a proposal meets the Mandatory Requirements does not preclude a subsequent determination of non-responsiveness Request to Withdraw Proposal A written request to withdraw a proposal, signed by the prospective vendor, may be considered if received by the Procurement Manager specified in Section 2.5 within 72 hours after the proposal opening time and date as specified in Section 2.5. A request received in accordance with this provision may be granted by the Agency upon proof of the impossibility to perform based upon an obvious error on the part of the vendor Cost of Preparation of Proposal By submitting a proposal, a prospective vendor agrees that the Agency is not liable for any costs incurred by the prospective vendor in responding to this RFP PUR 1001 The standard General Instructions to Respondents Form PUR 1001 (11/06) is hereby incorporated into this solicitation by reference as if fully recited herein. Sections 3 and 4 of the PUR 1001 Form are not applicable to this solicitation. In the event of any conflict between Form PUR 1001 and this solicitation, the terms of this solicitation shall take precedence over the Form PUR 1001 unless the conflicting term is required by any section of the Florida Statutes, in which case the term contained in PUR 1001 shall take precedence. The PUR 1001 form is available at: Agency s Reserved Rights Waiver of Minor Irregularities The Agency reserves the right to waive minor irregularities when to do so would be in the best interest of the State of Florida. A minor irregularity is a variation from the terms and conditions of this RFP which does not affect the price of the proposal or give the prospective vendor a substantial advantage over other prospective vendors and thereby restrict or stifle competition, and which does not adversely impact the interest of the Agency. At its option, the Agency may correct minor irregularities but is under no obligation to do so. In doing so the Agency may request a prospective vendor to provide, and at the request of the Agency the prospective vendor may provide to the Agency, clarifying information 11 RFP

12 or additional materials to correct the irregularity. However, the Agency will not request and a prospective vendor may not provide the Agency with additional materials that affect the price of the proposal, or give the vendor an advantage or benefit not enjoyed by other vendors Reserved Rights After Notice of Award The Agency reserves the right, after posting notice thereof, to withdraw or amend its Notice of Award and reopen discussions with any prospective vendor at any time prior to execution of a Purchase Order Withdrawal of RFP The Agency reserves the right to withdraw the RFP at any time, including after an award is made when to do so would be in the best interest of the State of Florida, and by doing so assumes no liability to any prospective vendor Other Reserved Rights The Agency reserves all rights described elsewhere in this RFP Notice of Award The purchase order shall be awarded to the responsible and responsive vendor whose proposal is determined in writing to be the most advantageous to the state, taking into consideration the price and the other criteria set forth in the request for proposals. The purchase order file shall contain documentation supporting the basis on which the award is made. [THIS SPACE INTENTIONALLY LEFT BLANK] 12 RFP

13 SECTION 3 MINIMUM SPECIFICATIONS 3.1 Vendor Qualifications Mandatory Requirements The prospective vendor must meet the requirements of items a. through k. in Appendix II Vendor Disqualification Under PUR 1001 Persons or affiliates placed on the Convicted Vendor list or the Discriminatory Vendor list are disqualified pursuant to Sections 7 and 8 of PUR Vendor Disqualification for Previous Failure to Perform In addition to other criteria set forth herein, failure to have performed any previous contractual obligations with the Agency in a manner satisfactory to the Agency will be a sufficient cause for disqualification or termination. To be disqualified as a vendor under this provision, the prospective vendor must have: Previously failed to satisfactorily perform in a contract with the Agency, been notified by the Agency of the unsatisfactory performance, and failed to correct the unsatisfactory performance to the satisfaction of the Agency; Had a contract terminated by the Agency for cause; or Failed to sign a certification regarding debarment, suspension, ineligibility and voluntary exclusion contract/subcontracts (Appendix III) prior to contract execution. 3.2 Minimum Programmatic Specifications The vendor s cost proposal submitted in response to the RFP must include any consideration for costs associated with the provision of services and equipment listed as minimum programmatic requirements below. Vendor must provide, at minimum: Drug dispensing and distribution functions for residents at each respective Center Receive and fill medication orders from Licensed Independent Practitioners pursuant to authorized physician orders faxed or delivered to the vendor Fill prescription medication orders from the Medicaid Reimbursement Formula, unless prior authorization obtained from the Center Medical Executive Director Provide reporting of data relevant to provision of pharmaceutical services upon request by Center(s) including, but not limited to, a monthly report of all filled nonformulary prescriptions authorized by the Medical Executive Director no later than the 5 th day of the following month Deliver to each site a monthly (28 day) supply of medications in punch card unit dose packaging, except for bulk liquids or injectable medications. Intravenous medications shall be pre-mixed. Exceptions to packaging shall be made to accommodate residents in a Self- Administration Program Deliver medication orders requiring multiple dosage forms (different strengths to make up total dose) as separate individual medication punch cards or doses Separately package medications for resident vacations or off home trips, as requested Deliver new physician medication orders to the Centers designated site no later than: Weekdays & Weekends - 5 AM on the day after order is faxed to vendor (for medications to be administered during morning medication 13 RFP

14 administration) Weekdays 8 PM for orders faxed to vendor (for same day medication administration) Weekdays & Weekends - Orders designated by Licensed Independent Practitioners as urgent must be delivered to the Centers designated site within 2 hours of faxed order Discrepancies- After notification of any discrepancy between the physician s order and the medications received, corrected medications shall be provided on the next scheduled delivery. Cut-off times - the time set for orders to be placed with the vendor - Monday through Friday-new orders are to be placed by 5:30 p.m., Saturday 4:30 p.m., and Sunday 4:30 p.m. All times are Eastern Standard Time Bill Medicaid/ Medicare as full payment for all reimbursable drugs delivered to Center Bill Center(s) monthly for drugs delivered to residents who are not Medicaid/Medicare eligible or for drugs not reimbursed through Medicaid/Medicare, which includes those drugs used from the electronic automated Emergency Drug Dispensing System, not to exceed Medicaid rate. Allow for billing corrections including, but not limited to, exchanges, credits, refunds, and other billing discrepancies Maintain and supply a Center with a separate Medication Administration Record (MAR) and Treatment Administration Record (TAR) for each resident 5 days prior to the end of each month Deliver Physician Order Sheet to the Center a minimum of 10 days prior to the next month Provide updated separate MAR and TAR forms with each monthly medication review; provide the ability to print updated MAR and TAR forms onsite or (based on Center preference) provide a label for each new medication order; and when processed by the Pharmacy, provide the Center Nursing Staff with the ability to receive a correlating printed label or print the MAR or TAR on site Provide Center(s) with an emergency drug dispensing system, including a use policy and on-site training, conforming to all applicable rules and regulations. The emergency dispensing system shall be an electronic and automated system, shall remain the property of the vendor, and shall be used to fill STAT medications ordered by Licensed Independent Practitioners pursuant to authorized physician orders Make available access to vendor s software system containing real time updated medication profiles for each resident, as well as relevant reference materials Provide daily secured and encrypted transfer of patient medication profiles to the Center(s) in a format acceptable to the Agency, and provide all patient medication profiles upon termination of service by vendor Provide two employees per Center to remain on-site and be available from 6:00 a.m. through 6:00 p.m. Monday through Friday, excluding state holidays. The schedules of the employees will be determined by the needs of the Center(s). vendor employees must be a licensed Registered Nurse or Licensed Practical Nurse. Upon request from the Center(s), one of the two per Center employees provided by vendor shall be a Pharmacy Technician (based on Center preference and need). Employees will act as a liaison between the Center(s) and the vendor to facilitate the provision of pharmaceutical services and perform tasks that assist 14 RFP

15 with the vendor s provision of services. Provide the two employees per Center with any equipment necessary to perform liaison duties Maintain a 24 hour toll free number to answer questions from Center staff and family/guardians concerning medications distributed by vendor Supply and maintain at Tacachale Center 38 medication carts and supply and maintain at Sunland Center 20 medication carts. Carts shall be maintained in good condition and meet requirements for storage of prescription medications. Carts are to remain the property of the vendor, will be marked accordingly, and will be used for pharmacy purposes only Supply and maintain at Tacachale Center 16 fax machines and supply and maintain at Sunland Center 4 fax machines. The fax machines shall be maintained in good condition at all times. The Centers shall pay for the paper needed for the fax machines. The vendor(s) shall pay for the toner needed for the fax machines. Fax machines are to remain the property of the vendor, will be marked accordingly, and will be used for pharmacy purposes only. 3.3 Equipment Except with respect to the equipment required under Section 3.2 above, the selected vendor will be responsible for supplying, at its own expense, all ancillary equipment necessary for vendor to perform under, conduct, and complete the minimum specifications of the purchase order. Equipment includes, but is not limited to, computers, telephones, copiers, and fax machines (other than those fax machines required under Section 3.2) including necessary supplies for the equipment and maintenance, as well as needed office supplies. 3.4 Minimum Financial Specifications The successful vendor shall be compensated only for pharmaceutical prescriptions filled for non-medicaid/medicare eligible residents or for medications provided that are not covered by Medicaid/Medicare. Pricing shall not exceed the current Florida Medicaid reimbursement rate provided in Rule 59G (Florida Medicaid Prescribed Drugs Reimbursement Methodology). In the event that the Medicaid rate is adjusted, the vendor must adjust their pricing structure. 3.5 Composition of the Purchase Order The Purchase Order awarded as a result of this RFP will be comprised of: Statement of Work. The Statement of Work is attached hereto as Appendix XVIII Purchase Order Terms and Conditions. The Purchase Order Terms and Conditions are attached hereto as Appendix III PUR Form The State of Florida Form PUR 1000, General Contract Conditions The Statement of Work, Purchase Order Terms and Conditions, and PUR 1000 are incorporated by reference into the purchase order. The Statement of Work contains all additional contract terms and conditions known at the time of the solicitation which are required of the vendor. The State of Florida Form PUR 1000, is available at the following website: Order of Precedence The Statement of Work The Purchase Order Terms and Conditions. 15 RFP

16 The PUR Form Vendor Invoicing This is a fixed price (unit cost) contract. The Agency shall pay the vendor, upon satisfactory completion of all terms and conditions specified in this RFP. The purchase order for pharmaceuticals resulting from this RFP is subject to the availability of funds. The Agency agrees to pay for the service units at the unit price(s) and limits listed below: Service Units (services) Drugs not reimbursed by Medicaid/Medicare Unit Price Maximum # of Units Price basis will not exceed current N/A Florida Medicaid reimbursement rate as (Prescriptions outlined in F.A.C. 59G not covered by Medicaid) All invoices for medications provided to Sunland Center must be mailed to Sunland Accounting, 3700 Williams Drive, Marianna, FL The vendor shall submit invoices for medications in sufficient detail for a proper pre-audit and post-audit All invoices for medications provided to Tacachale Center must be mailed to Tacachale Accounting, 1621 NE Waldo Road, Gainesville, Florida The vendor shall submit invoices for medications in sufficient detail for a proper pre-audit and post-audit Invoices shall be submitted in detail sufficient for a proper pre-audit and post-audit and shall include: a) Resident s name and Medicaid number or other unique identifier; b) Name, price and quantity of medication dispensed; c) Date medication was dispensed; d) Dated signature from an appropriate officer of the vendor attesting to the accuracy of the invoice; [THIS SPACE INTENTIONALLY LEFT BLANK] Performance Measures Performance Measures: As a result of these contracted services the Agency will be ensured that pharmaceutical services are provided to residents at the Facility and these services meet professional guidelines that are consistent with Federal Regulations, 42 CFR. Part % of medication orders shall be dispensed without error and in accordance with orders from the Facility % of medication orders shall be delivered within acceptable timeframes as specified in this RFP. 16 RFP

17 % compliance shall be maintained with standards of practices related to Pharmacy Practice, 42 CFR Part Performance Evaluation Methodology The formula used for standard shall be the number of orders containing no errors divided by the total number of orders filled. The number of errors shall be determined using the total number of documented vendor drug discrepancy as reported by the Center(s) nurses for a given month that are determined to be vendor errors. The total orders shall be determined by the number of new or refill medication orders, treatment orders, and physician orders processed in a particular month by the vendor. This number shall be determined using the data provided by the vendor s computer system The formula used for standard shall be the number of medication orders delivered no later than midnight of the day of order for a given month divided by the total number of medication orders submitted timely on the day of order for a given month The formula used for standard shall be the number of standards of practices related to pharmacy services in compliance with Federal Regulations in 42 CFR part 442 divided by the total number of standards of practice related to pharmacy services as outlined in Federal Regulations in 42 CFR part 442. The Agency for Health Care Administration (ACHA) will conduct an annual survey of these practices. The Center pharmacy contact person will be provided with a copy of the (ACHA) report By execution of the purchase order, the vendor hereby acknowledges and agrees that its performance under the purchase order must meet the standards set forth above and that the vendor will be bound by the conditions set forth below. If the vendor fails to meet these standards, the Agency, at its exclusive option, may allow up to six months for the vendor to achieve compliance with the standards. If the Agency affords the vendor an opportunity to achieve compliance, and the vendor fails to achieve compliance within the specified time frame, the Agency must cancel the agreement in the absence of any extenuating or mitigating circumstances. The existence of the extenuating or mitigating circumstances is the exclusive determination of the Agency Subcontractors The successful bidder may, only with prior written approval of the Agency, enter into written subcontracts for performance of specific services under the contract/purchase order resulting from this solicitation. Anticipated subcontract agreements known at the time of bid submission and the amount of the subcontract must be identified in the bid. If a subcontract has been identified at the time of bid submission, a copy of the proposed subcontract must be submitted to the Agency. No subcontract that the bidder enters into with respect to performance under the contract shall in any way relieve the bidder of any responsibility for performance of its contract responsibilities with the Agency. The Agency reserves the right to request and review information in conjunction with its determination regarding a subcontract request. 17 RFP

18 The successful bidder shall provide a monthly Subcontract Report summarizing all subcontracting/material suppliers performed during the prospective contract/purchase order period. This report shall include the name and address, Federal Employment Identification number and dollar amount expended for any subcontractor. A copy of this form shall be submitted to the Agency s designated Procurement Officer. The Agency encourages the use of Minority Women Business Enterprise (MWBE) and Service Disabled Veteran Business Enterprise (SDVBE) vendors for subcontracting opportunities. For assistance locating a certified MWBE or a SDVBE, contact the Agency for Persons with Disabilities Minority Coordinator ( ) or the Office of Supplier Diversity ( ), as needed. In accordance with Executive Order No , all subcontractors assigned to perform work pursuant to the contract with the state agency shall utilize the U.S. Department of Homeland Security s E-Verify system to verify the employment eligibility of all persons assigned by the subcontractor to perform work pursuant to the contract/purchase order with the agency. Subcontractors, if any, will be evaluated at time of bid opening. SECTION 4 INSTRUCTIONS FOR RESPONDING TO THE RFP 4.1 How to Submit a Proposal Mandatory Proposal Deadline All proposals must be received by the Procurement Manager by the deadline, and at the location set forth in Section Electronic Proposals Not Acceptable Facsimile or electronic transmissions of proposals will not be accepted. The prospective vendor may choose the appropriate means for delivery, and is responsible for receipt of the proposal by the Procurement Manager at the address listed in Section 2.5 by the date and time indicated in Section 2.5. Late proposals will not be evaluated Number of Copies Required Prospective vendors shall submit one (1) original and three (3) copies of the Programmatic Proposal, one (1) original and one (1) copy of the Cost Proposal, and one (1) original and one (1) copy of the Financial Strength & Capacity Proposal. The original copy of both the Programmatic Proposal and the Cost Proposal submitted to the Agency must contain an original signature of an official who is authorized to bind the vendor to their proposal. Two (2) copies, nonrewritable CD-ROM electronic versions of the proposal, each containing all three parts of the proposal (programmatic, cost, and financial strength & capacity), identical to the hard copies, must also be submitted with the hard copies (see Section 4.3 for formatting instructions) Proposals to be in Sealed Envelopes The original and each copy of the Programmatic Proposal, the Cost Proposal, the Financial Strength & Capacity Proposal, and the non-rewritable CD-ROM electronic versions must be individually sealed in separate envelopes. The outside of each envelope must be clearly marked with the title of the proposal, the 18 RFP

19 RFP number, the vendor's name, and identification of enclosed documents (i.e., Programmatic Proposal Cost Proposal; Financial Strength & Capacity Proposal; or non-rewritable CD-ROM Electronic Copy of Proposal. The original proposal must be clearly marked as such, and the copies identified and numbered (i.e., original, copy #1 of 4, etc.). All individually sealed envelopes must be placed in an appropriate sealed mailing container. Clearly mark the exterior of the mailing container Proposal to APD Solicitation Number RFP for PHARMACEUTICAL. 4.2 Content of the Proposal Title Page The first page of the proposal shall be a Title Page that contains the following information: AGENCY FOR PERSONS WITH DISABILITIES; PHARMACEUTICAL; RFP number; Identification of enclosed documents; Prospective vendor s name and federal tax identification number; Name, title, telephone number and address of person who can respond to inquiries regarding the proposal; and Name of prospective vendor s representative Vendor s Cross Reference Table Vendor proposals must include a cross-reference between the proposal and the RFP requirements in Section 4. Separate cross-reference tables must be developed for the Programmatic and Cost Proposals. The Programmatic cross-reference table must be directly behind the title page in the Programmatic Proposal. The Cost Proposal cross-reference table must be directly behind the title page in the Cost Proposal. Both cross-reference tables must be formatted as follows: RFP SAMPLE RFP / PROPOSAL CROSS REFERENCE TABLE PROPOSAL Page(s) Sect/Part Subject Subject Page(s) Sect/ Part Title Page Required Vendor s Statements and Certifications Mandatory Requirements Response to Understanding the Statement of Purpose Description of the Vendor s Organizational Qualifications Title Page Required Vendor s Statements and Certifications Mandatory Requirements Response to Understanding the Statement of Purpose Description of the Vendor s Organizational Qualifications 19 RFP

20 4.2.3 Programmatic Proposal TAB 1: Required Vendor s Statements and Certifications Mandatory Requirements. See Appendix II & Appendix V Programmatic Proposal TAB 2: Understanding of the Purpose. The vendor s proposal shall include the following information to describe and demonstrate their competence, capabilities, approach, and understanding of the services: A narrative that describes and demonstrates that the prospective vendor s competence, capability, and compatibility are consistent with the Agency s need to provide pharmaceutical services to residents of the Centers A narrative that demonstrates an understanding of the programmatic specifications, which are reflected in Sections through A narrative that describes what the prospective vendor will do to assure contract performance specifications are met Programmatic Proposal TAB 3: Ability to deliver Programmatic Specifications. The prospective vendor s proposal shall include information to describe and demonstrate its ability to perform and provide all items addressed in the programmatic specifications and its organizational qualifications (and those of any subcontractor with substantial responsibility for this project) to fulfill the requirements associated with completing each item to include: Delivery of and packaging of medication Billing Medicaid/Medicare Providing MAR and TAR Report Delivery Provision of Equipment and Services Programmatic Proposal TAB 4: Project Staffing. The vendor s proposal shall include the following information to describe and demonstrate the adequacy and professional capabilities of the vendor s staff, to fulfill service requirements: An organizational chart that displays the function of each staff member A comprehensive staffing plan which includes education level and position description for on-site liaison staff Resumes of each proposed staff, whether a direct employee, subcontractor or sub-consultant, by position title and proposed staff member name that will be directly involved in service delivery for this RFP Cost Proposal TAB A budget narrative and specific line item costs that clearly supports the services and equipment included in Section 3 for Programmatic Specifications Financial Strength and Capacity Proposal - TAB 1: Financial Strength and Capacity. The prospective vendor s proposal shall include information to determine their Financial Stability to include copies of vendors independent financial and compliance audit reports and/or certified financial statements for the three most recent fiscal years. The 20 RFP

21 copies should include all applicable financial statements, auditor s reports, management letters, and any corresponding re-issued audit components. If the prospective vendor does not have audit reports for the three most recent years, reviewed or compiled financial statements with the applicable Certified Public Accountant's report should be submitted. A newly created entity should submit the requested financial reports from the owner(s) or corporate officers. 4.3 Proposal Format Proposals to be Thorough Vendors must provide thorough and specific proposals in the Programmatic Proposal for how they propose to address each of the programmatic requirements as specified in Sections through of this solicitation, the cost proposal specified in Sections and must include all the documentation required in Sections 4.2.8, Financial Strength & Capacity. Vendors are advised to consider the evaluation criteria set forth in Appendix VI through Appendix XVII. Vendor proposals must follow the format described below Proposal Clarity Essential Vendors are advised that the Agency s ability to conduct a thorough review of proposals is dependent on the vendor s ability and willingness to submit proposals which are well ordered, detailed, comprehensive, and readable. Clarity of language and adequate, accessible documentation is essential, and is the responsibility of the prospective vendor Proposals to be Concise The proposal should be prepared concisely and economically, providing a straightforward description of services to be provided and clearly describing the vendor s capability to satisfy the requirements of this solicitation. Emphasis should be on completeness and clarity of content. Unless the context clearly indicates otherwise, the terms shall, will and must used within the RFP identify items that are required to be submitted as part of the proposal A failure to comply with the submission of a required item may result in the proposal being rejected at the Agency s discretion Hard-copy Proposal Format Proposals must be typed, single-spaced, on 8-1/2 x 11 paper. Pages must be numbered in a logical, consistent fashion. Figures, charts and tables should be numbered and referenced by number in the text. The proposal must be bound in 3-ring binders, labeled and submitted in Tabbed Sections in the order listed in Sections through for the programmatic section of the proposal, Section for the separately bound cost section of the proposal, and Section bound separately for the Financial Strength and Capacity documentation Electronic Copy Format The required electronic format of the proposal must be on non-rewritable CD- ROM. The software used to produce the electronic files must be Adobe portable document format ( pdf ), version 6.0 or higher. Proposals must be able to be opened and viewed by the Agency utilizing Adobe Acrobat, version 9.0. The electronic copies must be identical to the original proposal submitted, including the format, sequence and section headings identified in this solicitation. The 21 RFP