1-RFP Bidder Terms and Conditions 05-14-18.pdf

Inland Empire Health Plan Purchasing Department

Terms and Conditions 05/14/18

10801 6th Street

Suite 120 (6th Street Entrance) or Suite 130 (Utica Entrance) Rancho Cucamonga, CA 91730

Terms and Conditions

NOTE: BIDDERS ARE RESPONSIBLE TO READ ALL INFORMATION THAT

IS STATED IN THIS DOCUMENT

TABLE OF CONTENTS

A. INSTRUCTIONS AND CONDITIONS

1. Bidder Instructions

2. Definitions

3. Preparation of Responses

4. Inquiries by Bidders

5. Modifications/Addendums/Amendments

6. Cancellation or Modification of Procurement

7. Withdrawal of Bids

8. Submitting Proposals

9. Evaluation Process

10. Proposal Selection and Contract Negotiations

11. HIPAA Business Associate Agreement (If applicable)

B. ATTACHMENTS

Attachment A: Non-Collusion Declaration Attachment B: Professional Service Agreement – A separate document (sub-attachments included)

1. Bidder Instructions

a. Bonfire is a third-party web based e-Procurement service provider utilized by IEHP for solicitations. It will take only minutes to register and it is free. For future bidding, opportunities please also register online at https://iehp.bonfirehub.com.

b. Format - Use the electronic format provided by https://iehp.bonfirehub.com. If submitting more than one bid, separate the bid documents.

c. Return of Bid/Closing Date/Return - All proposals shall be submitted electronically to https://iehp.bonfirehub.com by 2:00 PM Pacific Time on the closing date listed in the Bidder Proposal Response form. Bid responses not received by IEHP Purchasing by the closing date and time will not be accepted. IEHP will not be responsible for and will not accept late bids due to slow internet connection, or incomplete transmissions. If the Bidder cannot upload the bid response to the https://iehp.bonfirehub.com website, delivery of the bid response is accepted at Inland Empire Health Plan, 10801 Sixth St. Suite 120 (6th Street Entrance) or Utica Suite 130 (Utica Entrance), Rancho Cucamonga, CA 91730, on or before 2:00 PM PT.

d. Pricing/Delivery/Terms/Tax - All pricing shall be quoted F.O.B. Destination, (e.g., cash terms less than 20 days should be considered net) excluding applicable tax, which is a separate line item. IEHP reserves the right to designate method of freight. IEHP pays California Sales Tax. In the event of an extension error, the unit price shall prevail.

e. Other Terms and Conditions - The terms and conditions as indicated in this document and/or attached are hereby included with full force and like effect as if set forth herein. Period of Firm Pricing - Unless stated otherwise elsewhere in this document, prices shall be firm for 120 days after the closing date, and prior to an award being made. IEHP reserves the right to ask for an extension of firm pricing if conducting active proposal evaluations.

f. Specification/Changes - Whenever brand names are used, the words "or equal" shall be considered to appear and be a part of the specification. If you are quoting another make or model, cross out our nomenclature and insert yours. If no make or model is stipulated, insert yours. Attach applicable specifications and/or brochures. Variations in manufacturers, design, etc., may be acceptable. Bidders are encouraged to offer alternatives. However, IEHP reserves the right to reject those alternatives as nonresponsive.

g. Recycled Material - Wherever possible, IEHP is looking for items made from, or containing in part, recycled material. Bidders are encouraged to bid items containing recycled material as an alternative for the items specified. However, IEHP reserves the right to reject those alternatives as nonresponsive.

h. Bidders must submit their questions online at https://iehp.bonfirehub.com and must be in written format. All responses to Bidder’s questions will be posted online at https://iehp.bonfirehub.com.

2. Definitions

a. “Addendum” refers to an amendment or modification to the Request for Proposal (RFP).

b. “Bid” refers to the proposal submitted by a Bidder on the Bid Form consistent with the

Instructions to Bidders, to complete the Work for a specified sum of money and within a specified period.

c. “Bidder” refers to an individual, firm, partnership or corporation that submits a qualified Bid for the Work, either directly or through a duly authorized representative.

d. “Board” refers to IEHP’s governing Board.

e. “Contractor” refers to any employee, agent, or representative of the contract company used in https://iehp.bonfirehub.com/ https://iehp.bonfirehub.com/ https://iehp.bonfirehub.com/ https://iehp.bonfirehub.com/ https://iehp.bonfirehub.com/ conjunction with the performance of the contract. For the purposes of this RFP, Contractor, Vendor, Consultant, and Bidder are used interchangeably.

f. “DHCS” means California’s “Department of Health Care Services.”

g. “HIPAA” means the Health Insurance Portability and Accountability Act of 1996, Public Law

104-91, enacted August 21, 1996.

h. “HITECH” means the Health Information Technology for Economic and Clinical Health Act provisions of the American Recovery and Reinvestment Act of 2009, Public Law 111-5, enacted February 17, 2009.

i. “IEHP” means “Inland Empire Health Plan.”

j. “IPA” means “Independent Practice Associations”.

k. “JPA” means “Joint Powers Agency” specifically for the counties of San Bernardino and

Riverside.

l. “MQs” refers to minimum qualifications.

m. “RFP” means “Request for Proposal.”

3. Preparation of Responses Before submitting a Proposal, each Bidder is expected to thoroughly examine the specifications in the solicitation, and all other related contractual documents included in this RFP, including subsequent amendments to the RFP. Failure to do so will be at the Bidder’s risk, and shall bar the Bidder’s obligation to perform if a contract is awarded pursuant to this RFP.

Each Bidder shall review and complete all the Attachments according to their instructions, and submit them as part of the Proposal.

Each Bidder must be satisfied by personal examination and by such other means as it may prefer, as to the actual conditions and requirements under which the contract will be performed.

4. Inquiries by Bidders Requests for explanation must be submitted via the https://iehp.bonfirehub.com website by the time designated in the RFP “Last Day for Questions”. The Purchasing Agent, or duly authorized personnel, will post a response to the inquiries via the Bonfire website.

5. Modifications/Amendments All proposals must be submitted in accordance with the standards and specifications contained within this

RFP.

Modification of Proposals - any Bidder who wishes to make modifications to a proposal already received by IEHP must withdraw his/her proposal in order to make the modifications. All modifications must be made in ink, properly initialed by Bidder’s authorized representative, executed, and submitted in accordance with the terms and conditions of this solicitation. It is the responsibility of the Bidder to ensure that modified proposals are resubmitted before the RFP submittal deadline.

Bidders are advised that IEHP reserves the right to amend the requirements of this RFP prior to the date set for opening of bids, including, but not limited to, extending the Proposal deadline. Such revisions will be done formally by publishing changes via the Bonfire website.

6. Cancellation or Modification of Procurement

a. IEHP reserves the right to modify or terminate the solicitation process at any time. IEHP may amend or modify the project scope of services prior to the award of contract, as necessity may dictate, reject any and all Proposals submitted (and rebid, if necessary), accept any or all Proposals submitted, negotiate with any qualified source, or cancel, in part or in its entirety, this RFP if it is in the best interest of IEHP.

b. The procurement process may be canceled after opening, but prior to award if IEHP determines that cancellation is in the best interest of IEHP for reasons (but not limited to) such as:

1. Inadequate, ambiguous, or otherwise deficient specifications.

2. The services are no longer required.

3. Proposals received are at an unreasonable cost.

4. Proposal did not arrive in open competition, were collusive, or not submitted in good faith.

5. IEHP determines, after analysis of the proposals that its needs can be satisfied through a less expensive method.

c. All Proposals will become the property of IEHP, and all such information submitted in connection to this RFP becomes public record, and may be disclosed through the Public Records Act. IEHP may keep submissions and negotiations confidential until the Governing Board approves the final contract and/or a Purchase Order contract is issued. Proposals may contain financial statements or other information which constitute a trade secret. In order to protect such data from disclosure, please identify the pages by clearly marking the applicable pages as confidential. Please note, disclosure of such data considered confidential by Bidder will only be withheld to the extent that IEHP determines that disclosure is improper under applicable law. It is important to further note that California law weighs heavily in favor of disclosing records submitted through an RFP process. IEHP assumes no responsibility for disclosure or use of unmarked data for any purpose.

d. This solicitation does not commit IEHP to award a contract or to pay any costs incurred in the preparation of a proposal in response to this request. IEHP reserves the right to accept or reject any or all proposals received because of this request, to negotiate with any qualified source or to cancel in part or in its entirety this Request of Proposal if it is in the best interest of IEHP.

7. Withdrawal of Bids Bidders may withdraw their proposals at any time prior to the due date and time by submitting notification of withdrawal signed by the Bidder’s authorized agent. Proposals cannot be changed or modified after the date and time designated for receipt.

8. Submitting Proposals

a. Late proposals will not be accepted. Postmarks or the inability to submit the proposal on the Bonfire website will not be accepted in lieu of this requirement. Proposals submitted to any other IEHP office will be rejected.

b. If Bidder cannot upload their proposal on Bonfire, Bidder is to submit the proposal to IEHP. The proposal must be signed by an authorized agent and placed in a sealed package marked “Bidder Proposal, clearly marked with the RFP’s designated bid number”.

c. Binder capacity should be a minimum of 2” (two inches) in a 3-ring binder to allow for ease of referencing various sections. (Small binders that are over stuffed or difficult to open may count against the Bidder)

d. Proposals must be typed uniformly on letter size (8 ½ ” x 11”) sheets of white paper, single sided or double sided, each section clearly titled, with index dividers labeled Tabs A – I, and each page clearly and consecutively numbered. Proposals must be clean and suitable for copying. Proposals must be specific unto themselves. For example, “See Enclosed Manual” will not be considered an acceptable proposal. Receipt of all addenda, if any, must be signed and included in the proposal.

e. The proposal shall be concise and to the point. A letter format in sufficient detail to allow thorough evaluation and analysis is required.

f. All work papers prepared in connection with the contractual services will remain the property of the successful Bidder. However, all reports rendered to IEHP are the exclusive property of IEHP and subject to its use and control. IEHP will follow the California Public Records Act.

9. Evaluation Process Proposals will be evaluated based on criteria determined to be appropriate by IEHP, which may include, but not necessarily limited to the following:

a. Responses to the Request for Proposal for completeness to the requirements.

b. The quantity and locations of facilities. (If applicable)

c. Bidder’s experience and ability.

d. Technical capability and project methodology.

e. Overall cost to IEHP. In no event will IEHP be limited to selecting a successful Bidder based solely upon total cost submitted.

f. References with demonstrated success with similar work to the Scope of Service. (Pass/Fail)

g. Financial status. (Pass/Fail)

h. Clarification, Exceptions or Deviations. (Pass/Fail)

i. Credential/Resumes/Licenses/Certifications. (Pass/Fail)

j. Samples submitted. (If applicable)

k. IEHP may provide special consideration with all vendors located within either Riverside or San

Bernardino counties.

l. Information Security Assessment. (Pass/Fail)

m. Any other factors IEHP determines to be appropriate.

All proposals will be given thorough review. All contacts during the bidding process and review selection phase must contact IEHP’s Purchasing Department Procurement Contract Specialist. Attempts by the Bidder to contact any other IEHP representative may result in disqualification of the Bidder.

All evaluation material will be considered confidential and not released. IEHP reserves the right to split or make the award that is most advantageous to IEHP.

10. Proposal Selection and Contract Negotiations

a. If a proposal is accepted, IEHP will enter into a contractual agreement with the selected Bidder. A sample of the standard IEHP contract to be used for this project is attached as Attachment B.

Bidder shall review the agreement, attached hereto as Attachment B, and will be deemed to have agreed to the terms and conditions therein unless Bidder identifies an objection, and lists such objection in their proposal submission. Should IEHP agree to a change of the contractual language, it shall do so in writing prior to the execution of the agreement. If an agreement cannot be reached, negotiations with the second ranking Bidder shall commence.

b. The award will be made, in whole or in part, to the responsive, responsible Bidder whose Proposal is most advantageous to IEHP; price, delivery, and other factors considered. IEHP recognizes that prices are only one of several criteria to be used in judging an offer and IEHP is not legally bound to accept the lowest offer.

c. IEHP reserves and may, in its sole discretion, exercise any one or more of the following rights and options with respect to proposal selection:

1. To issue a notice of intent to contract and/or execute a contract for any or all of the items in any proposal, in whole or in part, as IEHP, in its sole discretion, determines to be in IEHP’s best interest;

2. To discontinue negotiations with any applicant at any time prior to the execution of a final contract, whether or not a notice of intent to contract has been issued to the applicant, and to enter into negotiations with any other applicant, if IEHP, in its sole discretion, determines it is in the best interest of IEHP to do so;

3. To rescind, at any time prior to the execution of a final contract, any notice of intent to contract issued to an applicant, and to issue or not issue a notice of intent to contract to the same or a different applicant and enter into negotiations with that applicant, if IEHP, in its sole discretion, determines it is in the best interest of IEHP to do so;

4. To elect not to enter into any contract with any applicant, whether or not a notice of Intent to Contract has been issued and with or without the reissuing the notice of contract opportunity, if IEHP determines that it is in IEHP’s best interest to do so

5. To reject any or all offers, to waive any discrepancy, any irregularity, or technicality which IEHP deems reasonably correctable or otherwise not warranting rejection of the proposal.

6. To split or make the award in any manner determined by IEHP to be most advantageous to

IEHP.

Note: Some contracts are subject to IEHP Board approval

11. HIPAA Business Associate Agreement (If applicable) If activities or services of Bidder arising from this RFP require Bidder to receive, maintain or transmit any protected health information, the Bidder shall enter into a HIPAA Business Associate Agreement (“HIPAA BAA”) with IEHP to warrant that the Bidder will comply with HIPAA, HITECH, and the laws and regulations promulgated thereto, as a Business Associate of IEHP. Bidder shall review the terms of the HIPAA BAA, attached to the contract under Attachment B of the Professional Agreement, if applicable, and will be deemed to have agreed to the terms and conditions therein unless Bidder identifies an objection, and lists such objection on Tab C– Exceptions to Contract.

ATTACHMENTS

Attachment A: Non-Collusion Declaration

NON-COLLUSION DECLARATION

TO BE EXECUTED BY BIDDER AND SUBMITTED WITH PROPOSAL

The undersigned declares:

I am the ___________________ of ___________________, the party making the foregoing bid.

The bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation. The bid is genuine and not collusive or sham. The bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid. The bidder has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or to refrain from bidding. The bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder. All statements contained in the bid are true. The bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid, and has not paid, and will not pay, any person or entity for such purpose.

Any person executing this declaration on behalf of a bidder that is a corporation, partnership, joint venture, limited liability company, limited liability partnership, or any other entity, hereby represents that he or she has full power to execute, and does execute, this declaration on behalf of the bidder.

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration is executed on ____________________[date], at ___________________[city],___________________[state]."

Signature Date

ATTACHMENT B

Attachment B - Professional Services Agreement (a separate document), contains the following attachments:

Attachment A - Scope of Services Attachment B – Schedule of Fees Attachment C – Ownership Information Attachment D – Business Associate Agreement (if applicable) Attachment E – Plan Licensing/State Requirements (if applicable) Attachment F – Medicare Addendum (if applicable)