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STATE OF OREGON

COVER PAGE

OHA-Health Systems

Is issuing this Request For Proposals (RFP) under OregonBuys Bid Number S-44300-00008526 for

“PHARMACY COST TO DISPENSE SURVEY

Date of Issue: 10/26/2023

Opening Date and Time: 11/28/202

Single Point of Contact (SPC): Paul Yakis

Address: 500 Summer St NE, E-03 City, State, Zip Salem, OR 97302 E-mail: paul.yakis@dhsoha.state,or.us

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TABLE OF CONTENTS

SECTION 1: GENERAL INFORMATION

1.1 INTRODUCTION

1.2 SCHEDULE

1.3 SINGLE POINT OF CONTACT (SPC)

SECTION 2: AUTHORITY, OVERVIEW, AND SCOPE

2.1 AUTHORITY AND METHOD

2.2 DEFINITION OF TERMS

2.3 OVERVIEW AND PURPOSE

2.4 SCOPE OF WORK/SPECIFICATIONS

SECTION 3: PROCUREMENT REQUIREMENTS

3.1 MINIMUM QUALIFICATIONS

3.2 MINIMUM SUBMISSION REQUIREMENTS

3.3 PROPOSAL REQUIREMENTS

SECTION 4: SOLICITATION PROCESS

4.1 PUBLIC NOTICE

4.2 QUESTIONS/REQUESTS FOR CLARIFICATIONS

4.3 SOLICITATION PROTESTS

4.4 PROPOSAL DELIVERY OPTIONS

4.5 PROPOSAL MODIFICATION OR WITHDRAWAL

4.6 PROPOSAL DUE

4.7 PUBLIC OPENING

4.8 PROPOSAL REJECTION

4.9 PROPOSAL CONTENT REQUIRMENTS

4.10 POINT AND SCORE CALCULATIONS

4.11 SCORING AND RANKING OF PROPOSERS

SECTION 5: AWARD AND NEGOTIATION

5.1 AWARD NOTIFICATION PROCESS

5.2 INTENT TO AWARD PROTEST

5.3 APPARENT SUCCESSFUL PROPOSER SUBMISSION REQUIREMENTS

5.4 CONTRACT NEGOTIATION

SECTION 6: ADDITIONAL INFORMATION

6.1 CERTIFIED FIRM PARTICIPATION

6.2 GOVERNING LAWS AND REGULATIONS

6.3 OWNERSHIP/PERMISSION TO USE MATERIALS

6.4 CANCELLATION OF RFP; REJECTION OF PROPOSAL; NO DAMAGES

6.5 COST OF SUBMITTING A PROPOSAL

6.6 STATEWIDE E-WASTE/RECOVERY PROCEDURE

6.7 RESERVATION OF OC&P RIGHTS

6.8 RECYCLABLE PRODUCTS

LIST OF ATTACHMENTS

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ATTACHMENT A SAMPLE CONTRACT

ATTACHMENT B DISCLOSURE EXEMPTION AFFIDAVIT

ATTACHMENT C PROPOSER INFORMATION AND CERTIFICATION SHEET

ATTACHMENT D REFERENCE CHECK FORM

ATTACHMENT E COST PROPOSAL

ATTACHMENT F COBID CERTIFICATION / OUTREACH PLAN

ATTACHMENT G RESPONSIBILITY INQUIRY

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SECTION 1: GENERAL INFORMATION

1.1 INTRODUCTION

The State of Oregon, acting by and through the OHA, (“Agency”), is issuing this Request for Proposal under the provisions of ORS 413.033 for “Proposers,” to provide Pharmacy Cost to Dispense Survey once every 3 years for duration of the contract.

OHA expects to award 1 contract(s) as a result of this opportunity. Final NTE will be negotiated with the successful bidder based on their own cost proposal and according to deliverables and requirements found in the scope of work. Additional details on the Scope of the goods or services or both are included in the Scope of Work/Specifications section.

1.2 SCHEDULE

The table below represents a tentative schedule of events. All times are listed in Pacific Time.

All dates listed are subject to change. N/A denotes that event is not applicable to this RFP.

Event Date Time

Questions / Requests for Clarification Due 11/10/2023 3:00PM

Answers to Questions / Requests for Clarification Issued (approx.)

11/17/2023

RFP Protest Period Ends

7 calendar days prior to RFP Opening

Opening (Proposal Due) See RFP cover page

Opening of Proposal 11/28/2023 3:00PM

Award Protest Period Ends 7 calendar days after Notice of Intent to Award

1.3 SINGLE POINT OF CONTACT (SPC)

The SPC for this RFP is identified on the Cover Page, along with the SPC’s contact information.

Proposer shall direct all communications related to any provision of the RFP only to the SPC, whether about the technical requirements of the RFP, contractual requirements, the RFP process, or any other provision.

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SECTION 2: AUTHORITY, OVERVIEW, AND SCOPE

2.1 AUTHORITY AND METHOD

Agency is issuing this RFP pursuant to its authority under ORS 413.033

Agency is using the Competitive Sealed Proposal method, pursuant to ORS. Agency may use a combination of the methods for Competitive Sealed Proposals, including optional procedures: a) Competitive Range; b) Discussions and Revised Proposals; c) Revised Rounds of Negotiations;

d) Negotiations; e) Best and Final Offers; and f) Multistep Sealed Proposals.

2.2 DEFINITION OF TERMS

For purposes of this RFP and the resulting Contract, the terms below shall have the following meanings:

Contract means the Contract awarded as a result of this RFP.

Contractor means the Offeror selected through this RFP to enter into a Contract with OHA to perform the Work.

Key Personnel or Key Persons means the person or persons on Offeror’s staff to be assigned to perform the Work under the Contract. For Key Persons not identified prior to Proposal submission, a position description must be submitted.

Office of Contracts and Procurement (OC&P) means the entity that is responsible for the procurement process for OHA.

PDT means Pacific Daylight Time (PDT).

Professional Judgment means Applying knowledge, skills and experience, in a way that is also informed by professional standards / knowledge, laws and ethical principles, to develop an opinion or decision about what should be done to best serve clients

Proposal means a written response submitted to OC&P in response to this RFP.

Offeror means the person or entity that submits a Proposal.

RFP means Request for Proposal.

Work means the required activities, tasks, deliverables, reporting, and invoicing requirements, as described in Section 3-Scope of Work of this RFP.

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2.3 OVERVIEW AND PURPOSE

2.3.1 Agency Overview and Background

Oregon Health Authority (OHA) is the organization at the forefront of lowering and containing costs, improving quality, and increasing access to health care in order to improve the lifelong health of Oregonians. OHA is responsible for most state health services and for implementing the pharmacy reforms in Oregon Senate Bill 608 (2023 regular session). OHA is overseen by the nine-member citizen Oregon Health Policy Board working toward comprehensive health and health care reform in our state.

The OHA mission is ensuring all people and communities can achieve optimum physical, mental and social well-being through partnerships, prevention and access to quality, affordable health care. OHA’s work is organized into three broad goals: Improve the lifelong health of all Oregonians, increase the quality, reliability and availability of care for all Oregonians and lower or contain the cost of care so it is affordable to everyone. OHA values service excellence, leadership, integrity, health equity and partnership.

2.3.2 Project Overview and Background

In light of upcoming changes in pricing methodologies for prescription drugs, OHA will be awarding a contract to perform a Cost of Dispensing Study which will help the Agency in evaluating what appropriate dispensing fees may be in light of future drug pricing methodology changes.

The current State Plan Amendment allows Professional Dispensing Fees based primarily upon the pharmacy’s annual claims volume tier at the following rates:

a. Less than 30,000 claims a year = $14.30

b. Between 30,000 and 49,999 claims per year = $11.91

c. 50,000 or more claims per year = $9.80

Exceptions to these tiers are as follows, regardless of annual claims volume:

a. 340B pharmacies operated by a 340B covered entity = $14.30

b. Independently owned pharmacies in communities that are the only enrolled pharmacy within a 15 mile radius from another pharmacy = $14.30

c. Chain affiliated pharmacies with 10 or more pharmacies under common ownership = $9.80

Pharmacies that fail to respond to the annual claims volume survey default to the $9.80 dispensing fee. The dispensing fee tiers apply to institutional, mail order, and compounding pharmacies.

Currently, the Oregon Medicaid Program has approximately 879 enrolled pharmacy providers. In CY 2022, the Agency processed a total of over 2.6 million pharmacy claims.

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For the purpose of this RFP, Oregon Health Plan (OHP) Recipients shall only be defined as OHP Fee- For-Service clients and those who receive mental health drugs under a carve out arrangement with OHP contracted Coordinated Care Organizations.

2.4 SCOPE OF WORK/SPECIFICATIONS

1. Proposer’s proposal must present a plan to implement and complete a dispensing fee survey to estimate costs to all retail, long-term care, 340B, specialty and mail order pharmacies that dispense outpatient prescription drugs to Oregon Health Plan clients. The survey will need to be completed 2 times over a course of 3 years (first in 2024, and second in 2027). The proposed plan must include a detailed description for, at minimum, the survey instrument, documentation, maintenance of confidentiality of the information submitted, analysis tools, interim and final reporting. OHA believes the best way to obtain survey data is in electronic format from most/all pharmacies, but invites prospective Proposers to include additional recommendations in their detailed proposals; a concern is that some pharmacies may have only limited internet access and the proposal should offer alternative recommendations. The proposal shall indicate how pharmacies should report data, and any administrative or financial burden, if any, that will be necessary of the pharmacy. OHA anticipates the reporting associated with this project to result in no additional charges to the pharmacy provider. The prospective Proposer shall indicate in its proposal any relevant qualifications and experience that demonstrate ability to perform any services, deliverables, or reporting required of the prospective Contractor. Proposer must demonstrate experience in the areas of complex statistical analysis, Pharmacoeconomics, pharmacy operations, and federal Medicaid pharmacy reimbursement requirements including the definition of “professional dispensing fee”.

Work to be performed under the Contract awarded through this RFP includes:

a. OHA anticipates the Contractor to perform and be responsible for, at minimum, the following services:

Design a survey instrument to collect data elements to estimate the pharmacy costs related to dispensing prescriptions to OHP recipients. The Proposer will be expected to confer with OHA during survey development and must receive approval of the instrument and documentation from OHA prior to distribution. For planning purposes, the following guidelines should be considered (although additional data elements may be proposed by the Proposer):

(1) Pharmacy Sample.

The sample size should be sufficient to allow for Oregon-specific estimates to illustrate variation by observable intra-state characteristics. The Proposer should indicate how many pharmacies (and which type) they might include and a rationale for this methodology. Ideally, a nationally-representative estimate would also be provided (taken from additional cost of dispensing fee surveys recently released via other State Medicaid Agencies or other national pharmacy entities).

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To derive a representative sample of pharmacies within a state, the survey results should include a sufficient number and type of pharmacies to allow for statistical comparisons between groups of pharmacies across selected stratifications, below.

Responder should provide methodologies for determining sample size.

(2) Recommended Data Elements.

All relevant costs associated with operating a pharmacy and providing prescriptions to consumers should be included. These shall include, but are not limited to:

(a) Staffing.

Salaries and wages (pharmacists, technicians, managers, cashiers, etc.); and employee benefits (employer health insurance premiums, cost contributions, fees, etc.).

(b) Store operations and overhead.

Claims Billing; rent or mortgage; cleaning, repairs and security (note additional security needs for control drugs); utilities (heat, light, telephones); expenses related to providing federal or state-mandated language accessibility services;

computer systems, software and maintenance; equipment rental; accounting, legal and professional fees; insurance (liability/property insurance, worker’s compensation, etc.); taxes and licenses; interest paid on pharmacy-related debt depreciation; complying with federal and state regulations (e.g., HIPAA); corporate overhead (central management, etc.); and account receivable expenses (i.e., waiting on payment).

(c) Required components of preparing and dispensing prescriptions.

Prescription dispensing materials (packages, labels, pill counters, etc.);

compounding the prescription (if necessary); special packaging (unit dose, blister packs, bingo cards); special supplies (syringes, inhalers)

Inventory maintenance; drug use review; and consumer/patient counseling Consulting with prescriber.

Where necessary, costs should be allocated between prescription and nonprescription sales, which requires collection of additional data elements such as total pharmacy and non-pharmacy sales, cost of goods sold, and other shared expenses (e.g., allocation of floor space, utilities, taxes, etc.). A detailed explanation should be provided of how the survey is to capture the most recent timeframe possible for which complete records are available. The proposal shall appropriately specify how costs are to be allocated (i.e. by % sale, time spent, or by square foot) for each data element. In addition, the Proposer shall include a detailed description of what inflation methodology, if any will be used, how this

DAS Procurement Services, Version 4.4 July 1, 2021 Page 9 of 23 was obtained, and any inflation factor related data. In the results, the Proposer must include all aspects of cost of dispensing, including mandatory provider fees (i.e. pharmacy tax).

The Proposer is to explain in detail how it anticipates verifying self-reported data to ensure validity. This concept is critical to the usefulness of the project, and OHA expects each proposal to include a detailed explanation of verification, documentation, and any other necessary components to ensure the study itself will contain valid, useful information.

Medication Therapy Management (MTM), while a valid and cost-saving component of pharmacist professional services, is not a cost that the Center for Medicare and Medicaid Services (CMS) includes in a professional dispensing fee. The Proposer shall be clear in their proposal that MTM is not to be included in the costs included in the survey. Likewise, any other separately billable and reimbursable professional services should also be excluded. These include clinical services provided under a collaborative practice agreement, and birth control prescribing.

The Proposer should also include in their proposal a detailed explanation of how the design of the proposed dispensing fee will cover all dispensing costs while not affecting the ingredient cost of the drug. The Proposer must have a thorough understanding that the ingredient cost of the drug does not include, nor does it relate in any way to, the cost of dispensing the drug.

(d) Desired Comparison Groups.

At a minimum, statewide dispensing cost per prescription should be calculated to show any variations across the following categories:

i. Retail chain (10 or more stores in the United States with common ownership or corporate identity) and independent pharmacies (1 to 3 pharmacies).

ii. Urban vs. rural pharmacies.

iii. OHP prescription volume (both total prescription volume and as a percentage of total prescription volume).

iv. Long-term care prescription volume (both total prescription volume and as a percentage of total prescription volume).

v. Mail order Pharmacy volume (both total prescription volume and as a percentage of total prescription volume).

vi. 340B vs. non-340B Pharmacies.

vii. Self-identified “specialty” pharmacies vs. other pharmacies.

Although not required, proposals may be strengthened by including additional comparisons. Exploring how professional dispensing fee reimbursements tiers can be used to improve and sustain access to pharmacies in rural and urban and address

DAS Procurement Services, Version 4.4 July 1, 2021 Page 10 of 23 inequities. How OHA might define critical access pharmacies [make recommendations on how OHA should define and split]. The value of such additions will be weighed against differences in proposal costs and/or expected timeframes.

b. Implement the survey and collect responses.

c. Compile the survey data into a database approved by OHA for analysis.

d. Analyze the survey data, including performing appropriate statistical comparison of unweighted and weighted means to identify significant differences between specific categories of pharmacy characteristics listed above.

e. Produce explanatory report(s) and graphics to support the research findings.

2. The Proposer’s response must document the resources and capability for completing the work necessary to implement the cost of dispensing survey. The Proposer’s proposal must include a chart/table outlining the proposed tasks needed to complete the cost of dispensing survey by the deadline of May 3, 2024, as well as outline follow-up and routine reporting deliverables and staff needed to complete the proposed tasks.

a. Deliverables.

A minimum of 5 deliverables will be expected under the following time lines:

(1) Survey instrument and instructions. OHA must approve the instrument and any accompanying documentation (e.g., cover letters, instructions) before the survey is sent to the sample.

(2) For the web-based survey, OHA must approve the format and structure of the on-line instrument. An electronic version of an OHA signed letter shall be posted on or linked to the survey page so as to assure responders the survey is State sponsored. Survey approval by OHA no later than February 9, 2024 with data collection to occur during the month of February and conclude in March.

(3) Interim report by April 5, 2024. The interim report shall provide an update on the number of surveys received and response rate, as well as preliminary findings such as a range of costs and/or simple averages or medians.

(4) Draft final report due no later than April 19, 2024.

(5) Final report due no later than April 26, 2024.

(6) Upon the final report deliverable, aggregated, blinded data from survey respondents will be provided to OHA in an agreed-upon electronic format.

b. Reporting.

(1) Bi-weekly Reports.

The Proposer will provide updates at least once every two weeks to the OHA Contract Administrator, which may include a combination of emails and conference calls. The

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Contractor will be required to conduct detailed coordination activities with OHA, as well as any additional vendors necessary to implement and maintain the project. This coordination may be in electronic format, via phone/conference calls, hard copy (memos, letters, etc.).

(2) Final Reports.

The Proposer shall propose what measurements shall be included in the final report.

Upon completion of the final report, the Contractor must present the information to a panel of OHA staff by telephonic conference, as well as a subsequent time to present the information to the State Pharmacy Associations (both OHA approved and coordinated meetings). In addition, any questions or concerns must be addressed in a time determined by OHA.

SECTION 3: PROCUREMENT REQUIREMENTS

3.1 MINIMUM QUALIFICATIONS ‐RESERVED

3.2 MINIMUM SUBMISSION REQUIREMENTS

3.2.1 Proposal Submissions

To be considered for evaluation, Proposal must contain each of the following elements (further detailed in Proposal Requirements section below):

Disclosure Exemption Affidavit (Attachment B)

Proposer Information and Certification Sheet (Attachment C)

Price Proposal (Attachment E)

COBID Certification / Outreach Plan (Attachment F)

Responsibility Inquiry (Attachment G)

3.2.2 Proposal Page Limits

There are no mandatory page limits. However, OHA recommends Proposers voluntarily limit their Proposal to 10 pages.

The following items do not count toward the recommended voluntary page limit:

Proposal Information and Certification Sheet (Attachment C)

Any other required forms

3.2.3 Proposal Format and Quantity

Proposer shall submit one copy of its Proposal and all other submittal

DAS Procurement Services, Version 4.4 July 1, 2021 Page 12 of 23 requirements, with Attachment C - Proposer Information and Certification Sheet bearing the Proposer’s authorized representative’s Signature, in one of the following formats: Adobe Acrobat (pdf), Microsoft Word (docx), or Microsoft Excel (xlsx). If Proposer believes any of its Proposal is exempt from disclosure under Oregon Public Records Law (ORS 192.311 through 192.478), Proposer shall complete and submit the Disclosure Exemption Affidavit (Attachment B). Proposer shall also mark as “Confidential” in OregonBuys all attachments to its Proposal that Proposer believes are exempt from disclosure

The Proposer Information and Certification Sheet (Attachment C) must bear the Proposer’s authorized representative’s Signature.

3.2.4 Authorized Representative

Failure of Proposer’s authorized representative to sign the Proposal may result in rejection of the Proposal by Agency.

3.3 PROPOSAL REQUIREMENTS

Proposal must address each of the items listed in this section and all other requirements set forth in this RFP. Proposer shall describe the Goods to be provided or the Services to be performed or both. A Proposal that merely offers to provide the goods or services as stated in this RFP shall be considered non-Responsive to this RFP and will not be considered further.

Proposal should not include extensive artwork, unusual printing or other materials not essential to the utility and clarity of the Proposal. Do not include marketing or advertising material in the Proposal, unless requested. Proposal should be straightforward and address the requests of the RFP. Proposal containing unsolicited marketing or advertising material may receive a lower evaluation score if required information is difficult to locate.

SECTION 4: SOLICITATION PROCESS

4.1 PUBLIC NOTICE

The RFP and attachments are published in the State of Oregon’s electronic procurement system OregonBuys at https://oregonbuys.gov/. Documents will not be mailed to prospective Proposers.

Modifications, if any, to this RFP will be made by written Amendment(s) published in OregonBuys. Prospective Proposer is solely responsible for checking OregonBuys to determine whether or not any Amendment(s) have been issued. Amendment(s) are incorporated into the RFP by this reference.

4.2 QUESTIONS / REQUESTS FOR CLARIFICATIONS

All inquiries, whether relating to the RFP process, administration, deadline or method of award, or to the intent or technical aspects of the RFP must:

Be delivered to the SPC via an OregonBuys.

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Reference the OregonBuys bid number ;

Identify Proposer’s name and contact information;

Refer to the specific area of the RFP being questioned (i.e. page, section and paragraph number); and

Be received by the due date and time for Questions/Requests for Clarification identified in the Schedule in Section 1.2.

4.3 SOLICITATION PROTESTS

4.3.1 Protests to RFP

Prospective Proposer may submit a Written protest of anything contained in this RFP, including but not limited to, the RFP process, Specifications, Scope of Work, and the Sample Contract. This is prospective Proposer’s only opportunity to protest the provisions of the RFP, except that Proposer may protest as provided below.

4.3.2 Requirements for Protests

All protests must:

Be delivered to the SPC via Oregonbuys.

Reference the OregonBuys bid number.

Identify prospective Proposer’s name and contact information;

Be sent by an authorized representative;

State the reason for the protest, including:

o the grounds that demonstrate how the Procurement Process is contrary to law, Unnecessarily Restrictive, legally flawed, or improperly specifies a brand name;

and o evidence or documentation that supports the grounds on which the protest is based; and

State the proposed changes to the RFP provisions or other relief sought.

Protests to the RFP must be received by the due date and time identified in the Schedule.

Protests to an Amendment must be received by the due date identified in the Amendment.

4.4 PROPOSAL DELIVERY OPTIONS

Proposer is solely responsible for ensuring its Proposal is received by the SPC in accordance with the RFP requirements before Opening. Agency is not responsible for any errors or delays, or for any mis-delivery for any reason. A Proposal submitted by any means not authorized below will be rejected. The following delivery options are permitted for this RFP:

Delivery through OregonBuys

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Proposal submission should be electronically through OregonBuys. at: OregonBuys.gov

Detailed instructions on how to submit a Proposal can be found at OregonBuys Vendor Formal Solicitation Response.pdf

4.5 PROPOSAL MODIFICATION OR WITHDRAWAL

If a Proposer wishes to make modifications to a submitted Proposal, the Proposer must submit its modification in one of the authorized methods listed in Section 4.5 (Proposal Delivery Options). To be effective the modification must include the OregonBuys bid number and be submitted to the SPC prior to Opening.

If a Proposer wishes to withdraw a submitted Proposal, it must submit a Written notice signed by an authorized representative of its intent to withdraw to the SPC via Oregonbuys prior to the Opening in accordance with OAR 137-047-0440. To be effective the notice must include the OregonBuys bid number.

4.6 PROPOSAL DUE

A Proposal (including all required submittal items) must be received by the SPC on or before Opening. All Proposal modifications or withdrawals must also be received prior to Opening.

A Proposal received after Opening is considered LATE and will NOT be accepted for evaluation.

A late Proposal will be returned to the Proposer or destroyed.

4.7 PUBLIC OPENING

A public Opening will be held on the date and time listed in the Schedule set forth in Section 1.2 and in the manner stated on the Cover Page. Only the name of the Proposer will be read at the Opening, no other information will be made available at that time. Proposals received will not be available for inspection until after the evaluation process has been completed and the notice of Intent to Award is issued pursuant to OAR 137-047-0610.

4.8 PROPOSAL REJECTION

Agency may reject a Proposal for any of the following reasons:

Proposer fails to substantially comply with all prescribed RFP procedures and requirements, including but not limited to the requirement that Proposer’s authorized representative sign the Proposal.

Proposer has liquidated and delinquent debt owed to the State or any department or agency of the State.

Proposer fails to meet the responsibility requirements of ORS 279B.110.

Proposer makes any contact regarding this RFP with State representatives such as State employees or officials other than the SPC or persons authorized by the SPC, or inappropriate contact with the SPC.

Proposer attempts to influence a member of the Evaluation Committee.

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Proposal is conditioned on Agency’s acceptance of any other terms and conditions or rights to negotiate any alternative terms and conditions that are not reasonably related to those expressly authorized for negotiation in the RFP or Amendment(s).

4.9 PROPOSAL CONTENT REQUIRMENTS

Proposal must address each of the items listed in this section and all other requirements set forth in this RFP. Proposer shall describe the Goods to be provided or the Services to be performed or both. A Proposal that merely offers to provide the goods or services as stated in this RFP will be considered non-Responsive to this RFP and will not be considered further.

4.9.1 Proposal Information and Certification Sheet (Attachment C)

The Proposer shall complete and submit the Proposal Information and Certification Sheet (Attachment C).

4.9.2 Responsibility Inquiry (Attachment G)

The Proposer shall complete and submit a signed Responsibility Inquiry form (Attachment G) with the Proposal.

4.9.3 Technical Proposal

1. The Technical Proposal information must address all Proposal and submission requirements set forth in this RFP and must describe how the services will be provided. Proposals that merely offer to provide services as stated in this RFP will be considered non-responsive to this RFP and may result in a lower scoring for that portion of the RFP. Proposer must respond to the following requirements:

(1) Past Performance:

(a) Describe Proposers past experience developing and implementing similar activities for at least two projects similar to the size and scope of this RFP.

(b) Provide 3 references from these previous projects that Proposer worked on utilizing Attachment 4-Reference Check Form.

(2) Key Persons:

Specify Key Persons to be assigned to this Project and include a current resume (not to exceed 2 pages each) for each individual that demonstrates qualifications and experience for the Work described in Section 2.4 “Scope of Work”. For Key Persons not identified prior to the Proposal submission, a detailed position description must be submitted and explanation of how the Key Person position will be filled.

(3) Approach and Implementation Plan:

Describe Proposers approach to providing the services under an awarded contract. Include a detailed implementation plan for assigning key persons ensuring their continued availability in order to complete the work within the contract schedule.

2. Cost Proposal Requirements.

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Proposer’s response must specify a firm and fixed fee for completion of the cost of dispensing development, implementation, and presentation process. Attachment E or similar may be used but needs to identify firm fixed fee and a breakdown of all cost elements included in the firm fixed fee.

4.9.4 Responsiveness and Responsibility Determination

4.9.4.1 Responsiveness determination

A Proposal received prior to Opening will be reviewed to determine if it is Responsive to all RFP requirements including compliance with Section 3.1 (Minimum Qualifications) and Section 3.2 (Minimum Submission Requirements). If the Proposal is unclear, the SPC may request clarification from Proposer. However, clarifications may not be used to rehabilitate a non-Responsive proposal. If the SPC finds the Proposal non-Responsive, the Proposal may be rejected; however, Agency may waive mistakes in accordance with

OAR 137-047-0470.

4.9.4.2 Responsibility Determination

Agency will determine if an apparent successful Proposer is Responsible prior to award and execution of the Contract. Proposers shall submit a signed Responsibility Inquiry form (Attachment G) with Proposal.

At any time prior to award, Agency may reject a Proposer found to be not Responsible.

4.9.5 Evaluation Criteria

Proposals meeting the requirements outlined in the Proposal Content Requirements section will be evaluated by an Evaluation Committee. Evaluators will assign a score for each evaluation criterion listed below in this section.

SPC may request further clarification to assist the Evaluation Committee in gaining additional understanding of Proposals. A response to a clarification request must be to clarify or explain portions of the already submitted Proposal and may not contain new information not included in the original Proposal.

Proposals will be scored on a scale of 0 to 100 points. Maximum point values and evaluation criteria for each section are described below. Award, if one is made, will be made to the highest ranked responsive, responsible Proposer.

Proposers to this RFP will be evaluated using the following criteria:

a. Technical Evaluation, Scoring or Weighting.

(1) Evaluation Item 1- (Past Performance 4.9.3, 1., (1)):

(a) How well did the Proposer’s examples demonstrate the experience necessary to perform successfully under an awarded contract?

(b) How satisfied were the 3 references with Proposer’s previous work based upon the answers to the questions on the reference check forms?

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Maximum Points Available- 30

(2) Evaluation Item 2- (Key Persons 4.9.3, 1., (2)):

(a) How clearly does Proposer identify Key Persons and provide requested information?

(b) How well does Key Persons specific experience fulfill the requirements in this

RFP?

(c) How well does the Proposer demonstrate experience in the areas of complex statistical analysis, Pharmacoeconomics, pharmacy operations, and federal Medicaid pharmacy reimbursement requirements including the definition of “professional dispensing fee”?

Maximum Points Available- 10

(3) Evaluation Item 3- (Approach and Implementation 4.9.3, 1., (3)):

(a) How well did the Proposer describe their approach and implementation for carrying out the Scope of Work as described in this RFP?

(b) How well did the Proposer show their approach for filling and maintaining availability of qualified Key Persons to complete the project on schedule?

(c) How well does the Proposer’s Plan address equity concerns….

(d) How well does Proposer’s Plan summarize the activities or tasks required to accomplish the Scope of Work?

(e) How realistic are Proposer’s timelines and how well do they fit the Agency’s needs?

(f) How well does Proposer use its resources for the implementation?

(g) How well does Proposer’s overall plan address Special Processes and meet the needs of the Agency?

Maximum Points Available- 35

(4) Evaluation Item 4- (Cost Proposal 4.9.3, 2:.

Proposer shall provide a firm and fixed deliverable price for the contracted work.

Proposer shall also provide an itemized breakdown of all cost elements included in the fixed price. OHA reserves the right to negotiate this firm and fixed price at the time of contract award.

The Proposal with the lowest cost will not necessarily be selected. OC&P reserves the right to make this determination in the best interest of the State and in accordance with Oregon Administrative Rules.

Cost points will be awarded based upon the total costs submitted for each Cost

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Proposal. This total will be used to determine the application of points for each Cost Proposal.

Cost Proposals will be awarded as a percentage of the cost points available based on the percentage of the proposed cost as compared to the lowest Proposer’s cost using the following formula:

(L/X) * Y = A Where:

L = Cost of the lowest Proposed fixed price X = Cost of Proposal being scored Y = Total Points available A = Awarded points

Maximum Points Available- 25

4.9.6 PREFERENCES

4.9.6.1 Oregon Supplies and Services [Reserved]

4.9.6.2 Reciprocal Preference [Reserved]

4.9.6.3 Recycled Materials [Reserved]

4.9.6.4 Tiebreakers

Oregon Supplies: If Agency receives Proposals identical in price, fitness, availability and quality and chooses to award a Contract, Agency shall award the Contract in accordance with the procedures outlined in OAR 137-046-0300.

4.10 POINT AND SCORE CALCULATIONS

Scores are the values (0 through 100) assigned by each evaluator.

Points are the total possible value for each section as listed in the table below.

The SPC will average all scores for each evaluation criterion.

The maximum score (points) possible are as follows:

Evaluation Criteria Maximum Score

(Points)

1) Past Performance: 30

2) Key Persons: 10

3) Approach and Implementation: 35

4) Cost Proposal/Evaluation: 25

TOTAL MAXIMUM SCORE POSSIBLE: 100

4.11 SCORING AND RANKING OF PROPOSERS

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SPC will rank all Proposers advancing through all rounds of evaluation. The SPC will total the final average score (calculated by totaling the points awarded by each Evaluation Committee member and dividing by the number of members) from all rounds of competition, together, and final cost. After each applicable preference has been applied, SPC will determine rank order for each respective Proposal and Proposer, with the highest score receiving the highest rank, and successive rank order determined by the next highest score.

SECTION 5: AWARD AND NEGOTIATION

5.1 AWARD NOTIFICATION PROCESS

5.1.1 Award Consideration

Award, if one is made, will be made to the highest ranked responsive, responsible Proposer.

Proposer ranking will be determined by the sum of its scores on the Technical and Cost Proposals.

OHA will enter into negotiations with the highest ranked Proposer with verifiable references.

References for the highest ranked Proposer may be contacted to verify that Proposer has the skills and requirements that Proposer has included in its Proposal. OHA may choose to not award a Contract. In the event that Contract negotiations with the highest ranked Proposer are not successful within a reasonable time frame, OHA reserves the right to terminate negotiations with the highest ranked Proposer, and negotiate with the next highest ranked Proposer and so on, until successful negotiations are completed or OHA decides to terminate all negotiations and cancel the solicitation. The determination of what constitutes a reasonable time frame for purposes of this paragraph shall be solely at the determination of OC&P. This protocol will be followed until a Contract has been signed. If all Proposals are rejected, Proposers will be promptly notified.

5.2 INTENT TO AWARD PROTEST

5.2.1 Protest Submission

An Affected Proposer shall have 7 calendar days from the date of the Intent to Award notice to file a Written protest.

A Proposer is an Affected Proposer only if the Proposer would be eligible for Contract award in the event the protest was successful and is protesting for one or more of the following reasons as specified in ORS 279B.410:

All higher ranked Proposals are non-Responsive.

Agency has failed to conduct an evaluation of Proposals in accordance with the criteria or process described in the RFP.

Agency abused its discretion in rejecting the protestor’s Proposal as non-Responsive.

Agency’s evaluation of Proposal or determination of award otherwise violates ORS Chapter 279B or ORS Chapter 279A.

If Agency receives only one Proposal, Agency may dispense with the evaluation process and Intent to Award protest period and proceed with Contract Negotiations and award.

5.2.1.1 Protest Requirements

Protests must:

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Be delivered to the SPC via Oregonbuys.

Reference the OregonBuys bid number ;

Identify Proposer’s name and contact information;

Be signed by an authorized representative of Proposer;

Specify the grounds for the protest; and

Be received within 7 calendar days of the Intent to Award notice.

5.2.2 Response to Protest

Agency will address all timely submitted protests within a reasonable time and will issue a Written decision to the respective Proposer. Protests that do not include the required information may not be considered by Agency.

5.3 APPARENT SUCCESSFUL PROPOSER SUBMISSION REQUIREMENTS

Proposer(s) who are selected for a Contract award under this RFP will be required to submit additional information and comply with the following:

5.3.1 Insurance

Prior to award, Proposer shall secure and demonstrate to Agency proof of insurance as required in this RFP or as negotiated. Insurance Requirements are found in Exhibit C of Attachment A.

5.3.2 Taxpayer Identification Number

Proposer shall provide its Taxpayer Identification Number (TIN) and backup withholding status on a completed W-9 form when requested by Agency or when the backup withholding status or any other relevant information of Proposer has changed since the last submitted W-9 form, if any.

5.3.3 Business Registry

If selected for award, Proposer shall be duly authorized by the State of Oregon to transact business in the State of Oregon before executing the Contract. Visit http://sos.oregon.gov/business/pages/register.aspx for Oregon Business Registry information.

5.3.4 Pay Equity Certification

If selected for award and the Contract value exceeds $500,000 and Proposer employs 50 or more full-time workers, Proposer shall submit to Agency a true and correct copy of an unexpired Pay Equity Compliance Certificate, issued to the Proposer by the Oregon

ORS 279B.110(2)(f) requires that Proposer provide this prior to execution of the Contract.

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5.3.5 Nondiscrimination in Employment

As a condition of receiving the award of a Contract under this RFP, Proposer must certify by its Signature on Attachment C - Proposer Information and Certification Sheet, in accordance with ORS 279A.112, that it has in place a policy and practice of preventing sexual harassment, sexual assault, and discrimination against employees who are members of a protected class. The policy and practice must include giving employees a written notice that the policy both prohibits, and prescribes disciplinary measures for, conduct that constitutes sexual harassment, sexual assault, or unlawful discrimination.

5.4 CONTRACT NEGOTIATION

5.4.1 Negotiation

After selection of a successful Proposer, Agency may enter into Contract negotiations with the successful Proposer. By submitting a Proposal, Proposer agrees to comply with the requirements of the RFP, including the terms and conditions of the Sample Contract (Attachment A), with the exception of those terms listed below for negotiation.

Proposer shall review the attached Sample Contract and note exceptions.

Proposer must submit those exceptions to Agency during the Questions / Requests for Clarification period set forth in Section 1.2. If Agency agrees to make any requested changes to the Sample Contract, Agency will issue an Amendment to notify Proposers of such changes.

Unless Agency issues an Amendment modifying any of the terms and conditions, Agency intends to enter into a Contract with the successful Proposer substantially in the form set forth in Sample Contract (Attachment A).

Following the selection of the apparent successful Proposer, Agency may agree to negotiate changes to the negotiable provisions of the Sample Contract listed below. However, Agency is not required to make any changes and many provisions cannot be changed. Proposer is cautioned that the State of Oregon believes modifications to the standard provisions constitute increased risk and increased cost to the State.

Agency is willing to negotiate all items, except those listed below:

Choice of law

Choice of venue

Constitutional requirements

Requirements of applicable federal and State law

In the event that the parties have not reached mutually agreeable terms within 30 calendar days, Agency may terminate Negotiations and commence Negotiations with the next highest ranking Proposer.

SECTION 6: ADDITIONAL INFORMATION

6.1 CERTIFIED FIRM PARTICIPATION

Pursuant to Oregon Revised Statute (ORS) Chapter 200, Agency encourages the participation of small businesses, certified by the Oregon Certification Office for Business Inclusion and Diversity (“COBID”) in all contracting opportunities. This includes certified small businesses in

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Agency also encourages joint ventures or subcontracting with certified small business enterprises. For more information, visit:

https://oregon4biz.diversitysoftware.com/FrontEnd/VendorSearchPublic.asp?XID=6787&TN= oregon4biz

If the Contract has potential subcontracting opportunities, the successful Proposer may be required to submit a completed Certified Disadvantaged Business Outreach Plan (Attachment F) prior to execution.

6.2 GOVERNING LAWS AND REGULATIONS

This RFP is governed by the laws of the State of Oregon. Venue for any administrative or judicial action relating to this RFP, evaluation and award is the Circuit Court of Marion County for the State of Oregon; provided, however, if a proceeding must be brought in a federal forum, then it must be brought and conducted solely and exclusively within the United States District Court for the District of Oregon. In no event shall this Section 6.2 be construed as a waiver by the State of Oregon of any form of defense or immunity, whether sovereign immunity, governmental immunity, immunity based on the eleventh amendment to the Constitution of the United States or otherwise, to or from any claim or consent to the jurisdiction of any court.

6.3 OWNERSHIP/PERMISSION TO USE MATERIALS

All Proposals are public records and are subject to public inspection after Agency issues the Notice of Intent to Award. Application of the Oregon Public Records Law will determine whether any information is exempt from disclosure.

All Proposals submitted in response to this RFP become the Property of Agency. By submitting a Proposal in response to this RFP, Proposer grants the State a non-exclusive, perpetual, irrevocable, royalty-free license for the rights to copy, distribute, display, prepare derivative works of and transmit the Proposal solely for the purpose of evaluating the Proposal, negotiating a Contract if awarded to Proposer, or as otherwise needed to administer the RFP process, and to fulfill obligations under Oregon Public Records Law (ORS 192.311 through 192.478). Proposals, including supporting materials, will not be returned to Proposer, except in the case of Proposals that were submitted late and rejected by Agency.

6.4 CANCELLATION OF RFP; REJECTION OF PROPOSAL; NO DAMAGES.

Pursuant to ORS 279B.100, Agency may reject any or all Proposals in-whole or in-part, or may cancel this RFP at any time when the rejection or cancellation is in the best interest of the State or Agency, as determined by Agency. Neither the State nor any State agency is liable to any Proposer for any loss or expense caused by or resulting from the delay, suspension, or cancellation of the RFP or a Contract/Price Agreement award, or the rejection of any Proposal.

6.5 COST OF SUBMITTING A PROPOSAL

Proposer shall pay all costs incurred in connection with its Proposal, including, but not limited to, the costs to prepare and submit the Proposal, costs of samples and other supporting materials, costs to participate in demonstrations, and costs associated with protests.

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6.6 STATEWIDE E‐WASTE/RECOVERY PROCEDURE

If applicable, Proposer shall include information in its Proposal that demonstrates compliance with the Statewide E-Waste/Recovery Procedure #107-011-050_PR. Visit the DAS website www.oregon.gov/das and use the search bar feature to locate the procedure.

6.7 RESERVATION OF OC&P RIGHTS

OC&P reserves all rights regarding this RFP, including, without limitation, the right to:

Amend or cancel this RFP without liability if it is in the best interest of the State to do so, in accordance with ORS 279B.100;

Reject any and all Proposals received by reason of this request upon finding that it is in the best interest of the State to do so, in accordance with ORS 279B.100;

Waive any minor informality with the provisions or procedures of this RFP, and to seek clarification from the Proposer, if required;

Reject any Proposal that fails to substantially comply with all prescribed procurement procedures and requirements;

Negotiate the statement of work within the scope of work described in this RFP and to negotiate the rate;

Extend, amend or negotiate any contracts that are a result of this RFP, in accordance with the terms and conditions of the contract document posted on OregonBuys;

Engage Contractor by selection or procurement for different or additional services independent of this RFP process or any contracts/agreements entered into pursuant hereto;

Enter into direct negotiations to execute a Contract with a responsive Proposer, in the event that the Proposer is the sole Proposer to this RFP, and OC&P determines that the Proposer satisfies the minimum RFP requirements;

Reject any Offer upon finding that to accept the Offer may impair the integrity of the procurement process or that rejecting the Offer is in the best interest of the State.

6.8 RECYCLABLE PRODUCTS

Proposer shall use recyclable products to the maximum extent economically feasible in the performance of the Services or Work described in this RFP and the subsequent Contract. (ORS 279B.025)