31235_InstitutionalPharmacy_RFPwAddenda_1.pdf

State of Minnesota

MMCAP INFUSE, OFFICE OF STATE

PROCUREMENT

Request for Proposals (RFP)

For Institutional Pharmacy Services

SPECIAL NOTICE: This is a request for proposal. It does not obligate the State of Minnesota or MMCAP Infuse to award a contract or complete the proposed program, and the State of Minnesota reserves the right to cancel this solicitation if it is considered in its best interest.

Minnesota’s Commitment to Diversity and Inclusion

The State of Minnesota is committed to diversity and inclusion in its public procurement process. The goal is to ensure that those providing goods and services to the State are representative of our Minnesota communities and include businesses owned by minorities, women, veterans, and those with substantial physical disabilities. Creating broader opportunities for historically under-represented groups provides for additional options and greater competition in the marketplace, creates stronger relationships and engagement within our communities, and fosters economic development and equality.

To further this commitment, the Department of Administration operates a program for Minnesota-based small businesses owned by minorities, women, veterans, and those with substantial physical disabilities. For additional information on this program, or to determine eligibility, please call 651-296-2600 or go to www.mn.gov/admin/oep.

http://www.mn.gov/admin/oep

Request for Proposals for Institutional Pharmacy Services

Proposal Due Date: March 25, 2022, 2 p.m. Central Time

RFP Release Date February 16, 2022 Cutoff Date for Questions March 4, 2022, 2 p.m. Central Time Final RFP Answers Posted March 9, 2022 Proposal Due Date March 25, 2022, 2 p.m. Central Time Contract Effective Date Negotiable

SECTION 1 – INSTRUCTIONS TO RESPONDERS

Steps for Completing Your Response

Follow the steps below to complete your response to this RFP:

Step 1: Read the solicitation document and ask questions, if any

Step 2: Write your response Step 3: Sign and submit your response

Incomplete Submittals

A proposal must be submitted along with any required additional documents.

Incomplete proposals that materially deviate from the required format and content may be rejected.

STEP 1 – READ THE SOLICITATION DOCUMENT & ASK QUESTIONS, IF ANY

How to Ask Questions

Questions must be emailed to MMCAP_Infuse.RFP@state.mn.us by March 4, 2022 at 2 pm Central Time.

Questions will be responded to, via an addendum to this RFP, in batches as they arrive and will not be attributed to the asking entity. Similar questions may be combined with a single answer.

Other personnel are not authorized to answer questions regarding this RFP.

STEP 2 – WRITE YOUR RESPONSE

Request for Proposals

(RFP)

In Sections 4 through 7, insert your response to the questions as asked or provide content as requested.

By signing this response, your firm is making a legal, binding offer for a contract to provide services to the State of Minnesota.

STEP 3 – SIGN & SUBMIT YOUR RESPONSE

Documents making up a complete proposal

The documents listed below are required for a complete proposal.

Acknowledge RFP Project information, Section 2 Vendor Response Form Section 3 Narrative Questions (submitted in Microsoft Word or PDF) Section 4 Administrative Fee reporting example, Section 5, submitted in

Excel and titled Exhibit A Vendor’s Additional Forms, Section 6: (submitted in Word, unlocked and unrestricted for editing) Cost Proposal, Section 7, consisting of:

mailto:MMCAP_Infuse.RFP@state.mn.us http://www.mmd.admin.state.mn.us/xls/MMCAPInfuse/31235ExhibitA-AdminFeeWorksheet.xlsx

Where to Send Your Response o Excel spreadsheet via email, of products and pricing. Name this Excel spreadsheet Exhibit B and include it with your response.

o Supplemental Pricing Information (optional), of products and pricing. Name this Document Exhibit C and include it with your response.

Responder Certifications - Section 8 o Solicitation Form 2: Certification Regarding Lobbying

(submitted in PDF) o Solicitation Form 3: Workforce Certificate Form (submitted in PDF) o If applicable, Solicitation Form 4: Veteran Owned

Preference (submitted in PDF)

Responder must submit an electronic copy of the completed proposal documents via email to MMCAP_Infuse.RFP@state.mn.us using the Responder’s Company Name and “Institutional Rx Services RFP Response” in the subject line.

If your email is larger than the maximum allowed size, send your response in multiple emails. Use “[Company] “Institutional Rx Services RFP Response” RFP Response Part [1…N] of [N]” in the Subject line.

Mailed responses cannot be accepted at this time.

Faxed responses will not be accepted.

Response Submission Deadline

Responders are encouraged to prepare and submit proposals prior to the due date, as late proposals will not be considered.

Must be received not later than March 25, 2022, at 2PM Central Time as indicated by email timestamp. Late proposals will not be considered. All costs incurred in responding to this RFP will be borne by the responder.

http://www.mmd.admin.state.mn.us/xls/MMCAPInfuse/31235ExhibitB-CostProposal.xlsx mailto:MMCAP_Infuse.RFP@state.mn.us

SECTION 2 – RFP PROJECT INFORMATION

1. Description of Project

MMCAP Infuse (MMCAP Infuse) is a governmental cooperative serving thousands of state and local government facilities across the United States. MMCAP Infuse is operated by the State of Minnesota (State) Department of Administration’s Office of State Procurement (OSP) and is governed by Minnesota laws and procurement policies.

MMCAP Infuse Members are state agencies and political subdivisions throughout the United States.

Membership is available to government-operated facilities. Members can include, but are not limited to, the following classes of trade: correctional facilities, psychiatric treatment facilities, student health services, public health services, nursing homes, and public hospitals. For more information on MMCAP Infuse, visit www.infuse-mn.gov (Member or Membership).

MMCAP Infuse is requesting proposals for Institutional Pharmacy Services (IPS) to be provided to its Membership. For the purposes of this RFP, IPS means any comprehensive contracted pharmacy services -where orders are submitted by Members to the Respondent, prescriptions/orders are filled, and then delivered to the Member for patient use - or components thereof (e.g. after-hours backup pharmacy, provision of medications or vouchers when patients are released from the institution). While many Members have a pharmacy of their own and do not need a comprehensive outsourced pharmacy, they may find it beneficial to utilize some of the ancillary services like after-hours dispensing, ready-to-use “physician dispensing” packages, back-up order entry, order processing, replenishment of medicines in automated machinery, specialty medication sourcing, or discharge medication/voucher provision. Other Members utilize MMCAP Infuse specifically to access IPS agreements as opposed to issuing their own solicitation.

The MMCAP Infuse IPS program has operated since 2012, with over $9 million of medications being dispensed each month to around 200 different locations across the United States. The three incumbents of the IPS program service primarily correctional and psychiatric facilities.

2. Acquiring Medications.

Vendors are not able to purchase from MMCAP Infuse agreements. Even though MMCAP Infuse offers pricing agreements to its Members, the wholesaler account to access these must be in the Member’s name. When planning a proposal, please use your own acquisition costs for medications, but you may also propose alternate solutions.

3. Agreement Duration.

It is anticipated that MMCAP Infuse will enter into Agreements with an initial two (2) year term, with an option to extend three (3) additional years in increments determined by MMCAP Infuse.

This RFP cannot be used as a procurement vehicle by which the Responder and Member enter into their own stand-alone agreement.

4. Minimum Qualifications

All proposals received by the deadline above will be evaluated. Proposals will first be evaluated to determine whether these minimum qualifications have been met.

A. Responder must have been in business a minimum of three years B. Responder must perform all services within the US; and C. All medication dispensing services offered by the Responder must be performed under the direction of a licensed pharmacist.

http://www.infuse-mn.gov/ http://www.infuse-mn.gov/

5. Response Evaluation

Responses will first be reviewed to confirm compliance with the minimum qualifications identified above.

Responses that meet all the minimum qualifications will be further evaluated in accordance with the following:

Factors Percentage Responses to narrative questions (Section 4) 60% Administrative Fee Reporting Sample (Section 5) 10% Cost Proposal (Section 7) 30%

Preferences 6% Minnesota Certified Targeted Group/Economically Disadvantaged Preference 6% Veteran-owned Preference Minnesota Resident Vendor Preference

Responses will be evaluated by a team of MMCAP Infuse staff, MMCAP Infuse advisory board members, and/or other Members. Each evaluator will read all proposals that have passed all the minimum qualifications. MMCAP Infuse reserves the right to require a demonstration of capabilities and/or ordering systems via in-person meetings, webinar, or other such mechanism.

Any award that may result from this solicitation will be based upon the total accumulated points as established in the solicitation. MMCAP Infuse reserves the right to award this solicitation to a single Responder, or to multiple Responders, whichever is in the best interest of the State and MMCAP Infuse, provided that each Responder is in compliance with all terms and conditions of the solicitation. MMCAP Infuse reserves the right to accept all or part of an offer, to reject all offers, to cancel the solicitation, or to re-issue the solicitation, whichever is in the best interest of the State and MMCAP Infuse.

Depending on the nature of the responses and services offered by the Respondents, MMCAP Infuse reserves the right to categorize and evaluate Respondents in groups of similar offerings rather than the collective pool of Respondents as a whole; each group may have a single or multiple awards. The number of awards and types of services selected by MMCAP Infuse will be based on the determination on what will be the best value for the Membership.

If a Responder with an active contract with MMCAP Infuse is an awarded bid as a result of this RFP, MMCAP Infuse reserves the right to amend the active contract to include the scope of this RFP rather than issue a brand-new document.

6. Additional MMCAP Infuse Rights Reserved/Pre-Proposal Meeting/Background Checks/Budget A. reject any and all responses received;

B. waive or modify any informalities, irregularities, or inconsistencies in the responses received;

C. negotiate with the highest scoring Responder[s];

D. terminate negotiations and select the next response providing the best value for the State;

E. Short list the highest scoring Responders;

F. Require Responders to conduct presentations, demonstrations, or submit samples;

G. Award by item (including category, location, etc.), by groups of items, or all items, therefore, the

Responder is encouraged to offer a response for all items H. Award by location I. Interview key personnel or references; and J. Request a best and final offer from one or more Responders.

By signing, I acknowledge that the above-named responder accepts, without qualification, all terms and conditions stated in this solicitation (including the sample contract) except those clearly outlined as exceptions above.

Signature: ____________________________________________________

Printed Name: _________________________________________________

Title: ________________________________

Date:________________________________

SECTION 3 – VENDOR RESPONSE

INSTRUCTIONS: Fill in the information requested below.

1. Responder’s Contact Information

Company’s Full Legal Name:

Business Address:

Company Website:

Federal Employer Identification Number:

Primary Contact Person’s Name:

Title:

Telephone Number:

E-Mail Address:

Alternate Contact Person:

Title:

Telephone Number:

E-Mail Address:

Admin Fee Contact Person:

Telephone Number:

E-Mail Address:

Membership Contact Person:

Telephone Number:

E-Mail Address:

2. Pass/Fail Criteria

Does Responder comply with each term?

Yes No Term Responder must have been in business a minimum of three years.

Responder must perform all services within the US.

All medication dispensing services offered by responder must be performed under the direction of a licensed pharmacist.

Responders that have not completed each section will not be further considered.

3. Narrative Questions Applicability - Section 4

In the table below, indicate with an “X” or check mark which sections you believe apply to your services offered. This response will be used as a double check for Responders and for evaluators to see that a response to a section was intended.

Section Applies to our proposal

A. Responder History and Background B. Populations Served

C. Licensing and Compliance

D. Ordering

E. Medication Management

F. Dispensing

G. Packaging

H. Delivery

I. Returns

J. Invoicing and Auditing

K. Reporting to Member Facility

L. Resources, References, and Training

M. Quality Assurance

N. Additional Services Offered

O. Member Onboarding

P. Additional Information

SECTION 4 – NARRATIVE QUESTIONS

In 50 pages or less, please address the following areas. Replace any prices with Xs or another symbol (i.e. $4.75 becomes $X.XX). Any pricing information submitted in this section may be grounds for disqualification; if pricing is submitted in this section, it will not have a bearing on points received for a Cost Proposal (Section 7). If a paragraph/question does not apply to the services you are offering, clearly note that in your response so it is not counted as an omission.

1. Responder History and Background A. Provide a brief history of your operations, its leadership, and business volume.

B. Clearly articulate your value proposition for Members.

C. What sets your operation apart from others in this space?

2. Populations Served A. Since Members vary widely in size and facility type, to what types of facilities would you market your services?

B. Are your services available nationwide? Do certain states get handled differently?

3. Licensing and Compliance A. Describe any licenses your operation currently holds and the importance of maintaining them to provide the services proposed.

B. Disclose any open or closed investigations, lawsuits, assessed fines, or judgments that have been initiated by a government entity against the Responder related to the services or products it is offering in this RFP within the last five (5) years.

C. Has your operation had any contracts terminated for poor/non-performance in the last 5 years?

D. Tell us about your internal controls relating to HIPAA, DSCSA, USP Chapters 795, 797, and 800 that your operation maintains.

E. Describe your operation’s involvement in any trade organizations. Do you hold a certification or maintain compliance with any standards set by trade organizations (NCCHC, ACA, ASHP, etc.)?

4. Ordering

A. What ordering mechanisms are available to Members?

B. Discuss ordering cut-off times and hours of operation for contacting your staff.

C. Are there any different procedures for ordering and maintaining a controlled substance (schedules

II – V)?

D. How are refills best managed?

E. How are orders transmitted after hours?

F. How are emergency orders handled?

G. How are stock medications maintained?

5. Medication Management A. Does your service include a mechanism for cost containment to the payor? Are staff available for clinical discussion?

B. Describe your process, if any, for collaborative management of a patient’s health conditions.

C. How are unnecessary medications discontinued?

D. If a medication ordered is not available, what is your procedure for obtaining it or substituting it?

E. How are product expiration / beyond use dates handled?

F. How are medication recalls handled when the medication has already left Responder’s facility?

G. Describe how clinical staff integrate into the prescription filling process.

H. Describe your formulary, any customizations available, and how that formulary is enforced.

I. How are Specialty Pharmaceuticals defined? Are they managed separately in any way?

6. Dispensing A. How are patient consultation requirements met?

B. How are discharge / release medications managed?

7. Packaging A. What types of packaging are available for dispensed / stock medications?

B. Can medication packaging be customized in any way?

C. Describe how certain types of packaging are tailored to specific types of facilities.

8. Delivery A. How and when are deliveries made?

i. If you use a third-party courier, please disclose who they are.

B. What steps are taken to ensure deliveries are on-time, complete, and are done under appropriate temperature and humidity conditions?

9. Returns

A. How are product recalls and returns handled?

B. How do you ensure that medication is not used after the beyond use date or manufacturer’s expiration date?

C. Is credit offered for returns of any type? How would a Member know whether they were credited?

10. Invoicing and Auditing A. Describe all third-party billing capabilities.

B. What steps are taken to ensure accuracy in invoicing?

C. What auditing tools are available to Members to ensure they are being invoiced appropriately?

D. If a pricing audit has findings, describe the process and timeline for reconciling these.

E. For charges that are in question, is the Member required to pay the remainder of the invoice, or allowed to wait until all issues are resolved?

F. Some states charge a markup known as a state procurement fee for a contract to be recognized as state-approved for their agencies to use it. How are state procurement fees accommodated or incorporated in the invoicing structure?

11. Reporting to a Member A. Briefly describe the reporting capabilities available to Members.

B. What is the turnaround time for custom reports?

i. Is there an additional cost? If so, disclose on the Cost Proposal (Section 7).

C. Does your operation routinely have business reviews with clients?

i. If so, what are the requirements for a Member to qualify for a business review?

ii. What topics are typically discussed?

iii. Is there an additional cost? If so, disclose on the Cost Proposal (Section 7).

12. Resources, References and Training A. Describe the resources or reference materials available through your operation.

B. Is any continuing education offered to a Member’s staff?

If there are additional costs for a Member to elect A or B, disclose on the Cost Proposal (Section 7).

13. Quality Assurance A. How do you comply with facility/med room inspections at remote sites?

B. Explain how medication errors are avoided, tracked, and reported.

14. Additional Services Offered A. Are there any other products or services you’d like to offer to Members? If so, please describe them in detail.

B. What other ancillary products are available from your company (medication carts, printers, scanners, etc.) to best utilize your services?

15. Member Onboarding A. MMCAP Infuse has 6 Senior Healthcare Consultant (SHC) contractors that regularly interface with current and prospective Members. How would you utilize the SHCs to educate the Membership about your offerings?

B. Briefly describe the onboarding process for a Member transitioning from another vendor.

C. How would your operation verify that a facility seeking services is an MMCAP Infuse Member?

D. What does ideal collaboration look like from MMCAP Infuse to make your product or service offering successful?

16. Additional Information

A. Provide any additional information that would be relevant to our evaluation of your proposal. Do not simply attach marketing materials. Please also do not include any pricing in this section. All pricing must be listed in Responder’s Cost Proposal (Section 7).

SECTION 5 – ADMINISTRATIVE FEE REPORTING EXAMPLE

The MMCAP Infuse standard data fields and interpretation for use by the contract(s) resulting from this RFP are attached as Exhibit A. These data fields allow for reporting of drug costs as well as the costs of contracted services of dispensing a prescription, provision of back-up pharmacy services, inspections, durable goods (reference materials, med carts, printers, etc.), and other pass-through costs. The intent of the monthly data files are to (1) provide a basis for Administrative Fee payments, (2) to assess overall value from the contract; and (3) to provide stakeholders with actual usage volume and spending on their contract with the Responder. MMCAP Infuse will never request patient-identifiable data.

General Reporting Requirements:

1) A single monthly file of sales information

2) All sales transactions for the prior calendar month including credits issued and other products and services provided.

3) Supplemental transactions from earlier months must be called out in the accompanying e-mail as either additional transactions, or a complete restatement of the sales in the month in question. "Edits" to previously reported individual transactions cannot be processed.

4) Reports may be returned for correction and resubmission for improper file formatting as well as missing/invalid required information (especially Member IDs and NDCs).

5) MMCAP Infuse may request a resubmission of prior reports at any time.

Instructions for this RFP Provide a file, using the blank Exhibit A, that demonstrates your reporting capabilities and your understanding of the MMCAP Infuse reporting requirements. Please include:

a. No less than 30 lines of data

b. Cover all possible transaction scenarios (Regular sale, return for credit, service-only transaction, back-up pharmacy transaction, etc.)

c. NDCs reported must be valid and conform to the 5-4-2 (11-digit) format with leading zeros.

d. Pricing can be made up and is not scored in this section, but columns like unit price, quantity shipped, extended price, and admin fee should correlate to one another through calculations.

e. Facility Names, Member IDs, Addresses can be made up or real. No Protected Health Information should ever be reported to MMCAP Infuse

SECTION 6 – ADDITIONAL TERMS

Please submit any forms that you would require the Member to sign (e.g. equipment lease forms or voucher program terms). Replace any prices with Xs or another symbol (e.g. $X.XX). Documents submitted will not be evaluated and will not have a bearing on points received for this RFP.

SECTION 7 – COST PROPOSAL

Attached is a list of commonly used medications as well as high-cost medications in the current program (Exhibit B – Section A). Please complete columns E through J for all 83 medications. To ensure the same basis of calculation, please use your pricing available as of March 1st, 2022.

Additionally, Sections B through E are available for you to outline your proposed fee structure for non-pharmaceutical products and services. These prices and proposals can be entered into the spreadsheet or attached separately. If attached separately, title that file Exhibit C.

http://www.mmd.admin.state.mn.us/xls/MMCAPInfuse/31235ExhibitB-CostProposal.xlsx

SECTION 8 – RESPONDER CERTIFICATIONS

Responder must check each box to certify to the conditions required under this RFP. Please note that some certifications may require the submission of additional information. Sign below to finalize response.

1. Required

☐ I have read and am aware of the State’s General Requirements as attached as Solicitation Form 1.

☐ I have COMPLETED and ATTACHED:

☐ Solicitation Form 2 - Certification Regarding Lobbying.

☐ Solicitation Form 3 - Workforce Certificate

☐ That I am the Responder (if the Responder is an individual), a partner in the company (if the Responder is a partnership), or an officer or employee of the responding corporation having authority to sign on its behalf (if the Responder is a corporation).

☐ That the proposal submitted in response to the RFP has been arrived at by the Responder independently and has been submitted without collusion with and without any agreement, understanding or planned common course of action with, any other Responder of materials, supplies, equipment, or services described in the RFP, designed to limit fair and open competition.

☐ That the contents of the proposal have not been communicated by the Responder or its employees or agents to any person not an employee or agent of the Responder and will not be communicated to any such persons prior to the official opening of the proposals.

☐That I am fully informed regarding the accuracy of the statements made in the proposal.

2. If Applicable

☐ I am a certified veteran-owned business, in accordance with Minn. Stat. § 16C.16, subd. 6a and § 16C.19 (d). Please complete Solicitation Form 4.

By signing here, I warrant that the information provided in this proposal is true, correct, and reliable for purposes of evaluation for potential contract award. The submission of inaccurate or misleading information may be grounds for disqualification from contract award and may subject me/my company to suspension or debarment proceedings, as well as other remedies available to the State, by law.

Signature Title Date

Solicitation Form 1 General Requirements

Conflicts of Interest

Responder must provide a list of all entities with which it has relationships that create, or appear to create, a conflict of interest with the work that is contemplated in this request for proposals. This includes any conflict of interests the Responder may have with a Member. The list should indicate the name of the entity, the relationship, and a discussion of the conflict.

Organizational Conflicts of Interest

To the best of Responder’s knowledge and belief, and except as otherwise disclosed, there are no relevant facts or circumstances which could give rise to organizational conflicts of interest. An organizational conflict of interest exists when, because of existing or planned activities or because of relationships with other persons, A. vendor is unable or potentially unable to render impartial assistance or advice to the State;

B. the vendor’s objectivity in performing the contract work is or might be otherwise impaired; or C. the vendor has an unfair competitive advantage.

If after award, an organizational conflict of interest is discovered, an immediate and full disclosure in writing must be made to the State’s Chief Procurement Officer which must include a description of the action which the contractor has taken or proposes to take to avoid or mitigate such conflicts. If an organization conflict of interest is determined to exist, the State may, at its discretion, cancel the contract. In the event the Contractor was aware of an organizational conflict of interest prior to the award of the contract and did not disclose the conflict to OSP, the State may terminate the contract for default. Organizational conflicts of interest terms apply to any subcontractors for this work.

Proposal Contents The information provided is true, correct, and reliable for purposes of evaluation for potential contract award.

The submission of inaccurate or misleading information may be grounds for disqualification from the award as well as subject the Responder to suspension or debarment proceedings as well as other remedies available by law.

Responses are Nonpublic during Evaluation Process All materials submitted in response to this Solicitation will become property of the State. During the evaluation process, all information concerning the responses submitted will remain private or nonpublic and will not be disclosed to anyone whose official duties do not require such knowledge. Responses are private or nonpublic data until the completion of the evaluation process as defined by Minn. Stat. § 13.591. The completion of the evaluation process is defined as the State having completed negotiating a contract with the selected responder. The State will notify all responders in writing of the evaluation results.

The State will not consider the prices submitted by the Responder to be proprietary or trade secret materials.

Notwithstanding the above, if the State contracting party is part of the judicial branch, the release of data shall be in accordance with the Rules of Public Access to Records of the Judicial Branch promulgated by the Minnesota Supreme Court as the same may be amended from time to time.

Contingency Fees Prohibited

Pursuant to Minnesota Statutes Section 10A.06, no person may act as or employ a lobbyist for compensation that is dependent upon the result or outcome of any legislation or administrative action.

Administrative Fee. In consideration for the administrative support and other services provided by MMCAP

Infuse, the Responder agrees to pay an Administrative Fee of three percent (3%) on all purchases of products and services.

Reimbursements

Reimbursement for travel and subsistence expenses actually and necessarily incurred by the contractor as a result of the contract will be in no greater amount than provided in the current "Commissioner’s Plan” promulgated by the commissioner of Minnesota Management and Budget will not be made for travel and subsistence expenses incurred outside Minnesota unless it has received the State’s prior written approval for out of state travel. Minnesota will be considered the home state for determining whether travel is out of state.

Targeted Group, Economically Disadvantaged Business, Veteran-Owned and Individual Preference.

Unless a greater preference is applicable and allowed by law, in accordance with Minn. Stat. § 16C.16, businesses that are eligible and certified by the State as targeted group (TG) businesses, economically disadvantaged (ED) businesses, and veteran-owned businesses will receive points equal to 6% percent of the total points available as preference.

For TG/ED/VO certification and eligibility information visit the Office of Equity in Procurement website at https://mn.gov/admin/business/vendor-info/oep/ or call the Division’s Helpline at 651.296.2600.

Work Force Certification For all contracts estimated to be in excess of $100,000, responders are required to complete the attached Affirmative Action Data page and return it with the response. As required by Minnesota Rule 5000.3600, “It is hereby agreed between the parties that Minnesota Statute § 363A.36 and Minnesota Rule 5000.3400 -

5000.3600 are incorporated into any contract between these parties based upon this specification or any modification of it. A copy of Minnesota Statute § 363A.36 and Minnesota Rule 5000.3400 - 5000.3600 are available upon request from the contracting agency.”

Non-Collusion Certification.

A. The Proposal has been arrived at by the Responder independently and has been submitted without collusion and without any agreement, understanding or planned common course of action with any other vendor designed to limit fair or open competition; and

B. The contents of the Response have not been communicated by the Responder or its employees or agents to any person not an employee or agent of the Responder and will not be communicated to any other individual prior to the due date and time of this Solicitation. Any evidence of collusion among Responders in any form designed to defeat competitive responses will be reported to the MMCAP Infuse for investigation and appropriate action.

Certification Regarding Lobbying

For State of Minnesota Contracts and Grants over $100,000, the undersigned certifies, to the best of his or her knowledge and belief that:

A. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement.

B. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, Disclosure Form to Report Lobbying in accordance with its instructions.

C. The undersigned shall require that the language of this certification be included in the award documents for all sub-awards at all tiers (including subcontracts, sub-grants, and contracts under grants, loans and cooperative agreements) and that all sub-recipients shall certify and disclose accordingly.

https://mn.gov/admin/business/vendor-info/oep/

This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into and is a prerequisite for making or entering into this transaction imposed by 31 U.S.C. 1352. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.

Insurance Requirements

1. Notice. The Responder is required to submit Certificates of Insurance acceptable to MMCAP Infuse as evidence of insurance coverage requirements prior to commencing work under an awarded contract.

Responder will not commence work under a contract until they have obtained all the insurance described below and MMCAP Infuse has approved such insurance. Responder shall maintain such insurance in force and effect throughout the term of a contract. The failure of MMCAP Infuse to obtain a Certificate of Insurance, for the policies required under a contract or renewals thereof, or failure of the insurance company to notify MMCAP Infuse of the cancellation of policies required under and awarded contract shall not constitute a waiver by MMCAP Infuse to the Responder to provide such insurance. MMCAP Infuse reserves the right to immediately terminate a contract if the Responder is not in compliance with the insurance requirements and retains all rights to pursue any legal remedies against the Responder.

All insurance policies must be open to inspection by MMCAP Infuse and copies of policies must be submitted to MMCAP Infuse. The Responder’s insurance company(ies) waives its right to assert the immunity of the State of Minnesota as a defense to any claims made under said insurance.

2. Additional Insurance Conditions.

A. Responder’s policy(ies) shall be primary insurance to any other valid and collectible insurance available to MMCAP Infuse with respect to any claim arising out of Responder’s performance under this Agreement;

B. If Responder receives a cancellation notice from an insurance carrier affording coverage herein, Responder agrees to notify MMCAP Infuse within five (5) business days with a copy of the cancellation notice, unless Responder’s policy(ies) contain a provision that coverage afforded under the policy(ies) will not be cancelled without at least thirty (30) days advance written notice to MMCAP Infuse;

C. Responder is responsible for payment of Agreement related insurance premiums and deductibles;

D. If Responder is self-insured, a Certificate of Self-Insurance must be attached;

E. Responder’s policy(ies) shall include legal defense fees in addition to its liability policy limits;

F. Responder’s insurance companies must either (1) have an AM Best rating of A- (minus) and a

Financial Size Category of VII or better, and be authorized to do business in the State of Minnesota or (2) be domiciled in the State of Minnesota and have a Certificate of Authority/Compliance from the Minnesota Department of Commerce if they are not rated by AM Best; and

G. An Umbrella or Excess Liability insurance policy may be used to supplement the Responder’s policy limits to satisfy the full policy limits required by the Agreement.

3. Responder is required to maintain and furnish satisfactory evidence of the following insurance policies:

A. Workers’ Compensation Insurance: Except as provided below, Responder must provide

Workers’ Compensation insurance for all its employees and, in case any Responder is subcontracted, Contractor will require the subcontractor to provide Workers’ Compensation insurance in accordance with the statutory requirements of the State of Minnesota, including Coverage B, Employer’s Liability. Insurance minimum limits are as follows:

$100,000 – Bodily Injury by Disease per employee $500,000 – Bodily Injury by Disease aggregate $100,000 – Bodily Injury by Accident

If Minnesota Statute 176.041 exempts Responder from Workers’ Compensation insurance or if the Responder has no employees in the State of Minnesota, Responder must provide a written statement, signed by an authorized representative, indicating the qualifying exemption that excludes Responder from the Minnesota Workers’ Compensation requirements.

If during the course of the contract the Responder becomes eligible for Workers’ Compensation, the responder must comply with the Workers’ Compensation Insurance requirements herein and provide the State of Minnesota with a certificate of insurance.

B. Commercial General Liability Insurance: Responder is required to maintain insurance protecting it from claims for damages for bodily injury, including sickness or disease, death, and for care and loss of services as well as from claims for property damage, including loss of use which may arise from operations under the contract whether the operations are by the Responder or by a subcontractor or by anyone directly or indirectly employed by the Responder under the contract. Insurance minimum limits are as follows:

$5,000,000 – per occurrence $5,000,000 – annual aggregate $5,000,000 – annual aggregate – Products/Completed Operations

The following coverages shall be included:

Premises and Operations Bodily Injury and Property Damage Personal and Advertising Injury Blanket Contractual Liability Products and Completed Operations Liability Other; if applicable, please list__________________________________ State of Minnesota named as an Additional Insured, to the extent permitted by law

C. Commercial Automobile Liability Insurance: Responder is required to maintain insurance protecting it from claims for damages for bodily injury as well as from claims for property damage resulting from the ownership, operation, maintenance or use of all owned, hired, and non-owned autos which may arise from operations under this contract, and in case any work is subcontracted the Responder will require the subcontractor to maintain Commercial Automobile Liability insurance. Insurance minimum limits are as follows:

$2,000,000 – per occurrence Combined Single limit for Bodily Injury and Property Damage

In addition, the following coverages should be included:

Owned, Hired, and Non-owned Automobile

D. Network Security and Privacy Liability Insurance, Including Ransomware (or equivalent):

Responder will maintain insurance to cover claims which may arise from failure of Responder’s security resulting in, but not limited to, computer attacks, unauthorized access, disclosure of not public data including but not limited to confidential or private information, transmission of a computer virus or denial of service. Insurance minimum limits are as follows:

i. $2,000,000 – per occurrence

ii. $2,000,000 – annual aggregate

E. Professional/ Technical, Errors and Omissions, and or Miscellaneous Liability Insurance: This policy will provide coverage for all claims the Responder may become legally obligated to pay resulting from any actual or alleged negligent act, error, or omission related to the Responder’s services required under the Agreement. Insurance minimum limits are as follows:

i. $2,000,000 – per occurrence

ii. $2,000,000 – annual aggregate

E-Verify Certification (In accordance with Minn. Stat. §16C.075)

By submission of a proposal for services in excess of $50,000, Responder certifies that as of the date of services performed on behalf of the State, Responder and all its subcontractors will have implemented or be in the process of implementing the federal E-Verify program for all newly hired employees in the United States who will perform work on behalf of the State. In the event of contract award, Responder shall be responsible for collecting all subcontractor certifications and may do so utilizing the E-Verify Subcontractor Certification Form available at http://www.mmd.admin.state.mn.us/doc/EverifySubCertForm.doc. All subcontractor certifications must be kept on file with Responder and made available to the State upon request.

Certification of Nondiscrimination (In accordance with Minn. Stat. § 16C.053)

The following term applies to any contract for which the value, including all extensions, is $50,000 or more:

Responder certifies it does not engage in and has no present plans to engage in discrimination against Israel, or against persons or entities doing business in Israel, when making decisions related to the operation of the vendor's business. For purposes of this section, "discrimination" includes but is not limited to engaging in refusals to deal, terminating business activities, or other actions that are intended to limit commercial relations with Israel, or persons or entities doing business in Israel, when such actions are taken in a manner that in any way discriminates on the basis of nationality or national origin and is not based on a valid business reason.

Diverse Spend Reporting

If the total value of the awarded contract may exceed $500,000 in the State, including all extension options, the Vendor must track and report, on a quarterly basis, the amount paid to diverse businesses both: (A) directly to subcontractors performing under the Agreement, and (B) indirectly to diverse businesses that provide supplies/services to your company (in proportion to the revenue from the awarded contract compared to your company’s overall revenue). When this applies, you will be set up in a free portal to help report the Tier 2 diverse spend, and the requirement continues as long as the contract is in effect.

http://www.mmd.admin.state.mn.us/doc/EverifySubCertForm.doc

Solicitation Form 2 Certification Regarding Lobbying

The undersigned certifies, to the best of his or her knowledge and belief that:

(1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement.

(2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, Disclosure Form to Report Lobbying in accordance with its instructions.

(3) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans and cooperative agreements) and that all subrecipients shall certify and disclose accordingly.

This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31 U.S.C. 1352. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.

Organization Name

Name and Title of Official Signing for Organization

By:_______________________________________

Signature of Official

Date

Solicitation Form 3

STATE OF MINNESOTA – WORKFORCE CERTIFICATE INFORMATION

Information required for ALL bids or proposals that could exceed $100,000

Complete Box A or B of this form, and sign and return it with your bid or proposal. A Workforce Certificate or exemption from the Minnesota Department of Human Rights (MDHR) is required to execute a contract in excess of $100,000 under Minn. Stat. §363A.36.

Signature By signing this statement, I certify that the information provided is accurate and that I am authorized to sign on behalf of the company.

Name of Company Authorized Signature

Date Printed Name

Phone Number Title

For assistance with this form, contact:

Minnesota Department of Human Rights

Web: http://mn.gov/mdhr/ Toll Free: 1-800-657-3704 Email: compliance.mdhr@state.mn.us MN Relay: 711/ 1-800-627-3529 Rev. 7/21

BOX A – COMPANIES that have employed 40 or more full-time employees in this state or a state where the business has its primary place of business on any single working day during the previous 12 months, check one option below:

Attached is our current Workforce Certificate issued by the Minnesota Department of Human Rights (MDHR).

Attached is confirmation that MDHR received our application for a Minnesota Workforce Certificate on

(date).

☐ Our company does not yet have a Workforce Certificate, but we acknowledge that a Workforce Certificate is required before a contract in excess of $100,000 can be executed with the State of Minnesota or other covered entities.

BOX B – EXEMPT COMPANIES that have not employed 40 or more full-time employees on a single working day in Minnesota or any state where it has its primary place of business during the previous 12 months, check option below if applicable:

We attest to MDHR that we are exempt. If our company is awarded a contract, upon request, we will submit to MDHR within 5 business days after the contract is fully signed, the names of our employees during the previous 12 months, the date of separation, if applicable, and the state in which the persons were employed.

Send to compliance.MDHR@state.mn.us.

Solicitation Form 4

STATE OF MINNESOTA

VETERAN-OWNED PREFERENCE FORM

Unless a greater preference is applicable and allowed by law, in accordance with Minn. Stat. §16C.16, subd. 6a, the state will award a 6% preference on state procurement to certified small businesses that are majority owned and operated by veterans.

Veteran-Owned Preference Requirements - See Minn. Stat. § 16C.19(d):

1) The business has been certified by the Office of Equity in Procurement as being a veteran-owned or service-disabled veteran-owned small business.

or

2) The principal place of business is in Minnesota AND the United States Department of Veterans Affairs verifies the business as being a veteran-owned or service-disabled veteran-owned small business under Public Law 109-461 and Code of Federal Regulations, title 38, part 74 (Supported By Documentation).

Statutory requirements and appropriate documentation must be met by the solicitation response due date and time to be awarded the veteran-owned preference.

Claim the Preference

By signing below, I confirm that:

My company is claiming the veteran-owned preference afforded by Minn. Stat. § 16C.16, subd. 6a. By making this claim, I verify that:

The business has been certified by the Office of Equity in Procurement as being a veteran-owned or service-disabled veteran-owned small business.

or

My company’s principal place of business is in Minnesota and the United States Department of Veteran’s Affairs verifies my company as being a veteran-owned or service-disabled veteran-owned small business (Supported By Attached Documentation)

Name of Company: _____________________________ Date: _________________________

Authorized Signature: _____________________________ Telephone: ___________________

Printed Name: _____________________________ Title: _______________________

Attach documentation, sign, and return this form with your solicitation response to claim the veteran-owned preference.

MMCAP Infuse Request for Proposals (RFP) Addendum

Addendum #1

Addendum No.: 1 Date of Addendum: March 7, 2022

Due Date, Time:

MMCAP Infuse RFP

March 25, 2022 at 2:00 pm Central Time

Revised Date Time: N/A

Department of Administration/MMCAP

Coordinator Nalee Xiong Agency:

OSP Web Reference No.: 31235

Infuse

Title: Institutional Pharmacy Services

Scope of Addendum

The following are answers to questions submitted to MMCAP Infuse

1. Question: Is this the same as the Prescription Filling Services that were solicited for in 2017?

Answer: Yes, it is the same program. We realized an additional need for ancillary services which were being requested by Members. To encompass these in the solicitation, all were included in the description of “Institutional Pharmacy Services”.

2. Question: What is the maximum allowed size for emails for proposal responses?

Answer: MMCAP Infuse is able to receive inbound emails from external servers up to 15MB. If your response exceeds this limit, or if your outbound emails are capped at a lower amount, please include notation as described in the RFP.

3. Question: Can you provide copies of your current contracts with the incumbent vendors?

Answer: No.

4. Question: In which states are your Members located? What is the total number of Members by state? What is the total drug cost by state? What is the patient census by Member by state? If not available, number of patients per state?

Answer: MMCAP Infuse Members are in all 50 states; the number of Members in each state varies.