Addendum 1 HMO.pdf

Addendum No.: 1 to the following Invitation to Negotiate (ITN):

TPA Services for HMO Health Services

DMS-22/23-046

Date: July 19, 2022

To: Prospective Respondents to ITN No.: DMS-22/23-046

From: Greg Hill, Procurement Officer

Subject: Addendum No.: 1 to DMS-22/23-046

The Invitation to Negotiate, ITN No: DMS-22/23-046, is hereby amended as follows:

1. Attachment J – Scrubbed Claims Data, has been recalled. The Department intends to replace Attachment J with updated information. To effectuate the change, a Certificate of Compliance has been added as an attachment to this addendum. Respondents that submitted Attachment H – Data Use Agreement, and that are interested in continuing to respond to this ITN are required to complete and return the attached Certificate of Compliance to the Procurement Officer by email on or before 12:00 PM, Monday, July 25, 2022. Failure to timely submit a completed Certificate of Compliance, or altering the required obligations within this Certificate of Compliance, will result in a Respondent being deemed non-responsive.

2. Form 5a and Form 5b – Mandatory Responsiveness Requirements, are hereby replaced in their entirety with Revised Form 5a and Revised Form 5b – Mandatory Responsiveness Requirements, attached to this addendum. Respondent must submit Revised Form 5a and/or Revised Form 5b – Mandatory Responsiveness Requirements, as applicable, with its Reply to the ITN, in accordance with the instructions contained within the ITN. Failure to submit Revised Form 5a and/or Revised Form 5b – Mandatory Responsiveness Requirements in accordance with the instructions contained within the ITN will result in a Respondent being deemed non-responsive.

3. All references to the term “Form 5a – Mandatory Responsiveness Requirements Medical” throughout the ITN are hereby amended to read as “Revised Form 5a – Mandatory Responsiveness Requirements - Medical.” All references to the term “Form 5b – Mandatory Responsiveness Requirements Pharmacy” and “Form 5b – Mandatory Responsiveness Requirements RX” throughout the ITN are hereby amended to read as “Revised Form 5b – Mandatory Responsiveness Requirements - Pharmacy”.

4. Section 3.6, Mandatory Responsiveness Requirements and Minimum Qualifications, first paragraph, is amended as follows: “The Department will not evaluate Replies that do not include completed Revised Forms 5a, and 5b (including any documents required therein), as applicable, and Forms 6a, and 6b, as applicable, in accordance with the instructions contained within this ITN. Respondents not submitting a Reply for the HMO Pharmacy Carve-In option are not required to submit Revised Forms 5b and Form 6b.”

5. Section 1.9, Timeline of Events, is hereby amended as follows:

TIMELINE OF EVENTS

Event

Time (ET) Event Date

ITN posted on the Next Gen VIP

July 6, 2022

Vendor deadline to submit to the Procurement Officer via email to DMS.Purchasing@dms.fl.gov Vendor’s Attachment H – Data Use Agreement

4:00 PM July 12, 2022

Deadline to submit completed Certificate of Compliance to the Procurement Officer via email at DMS.Purchasing@dms.fl.gov

12:00 PM July 25, 2022

Deadline to submit questions to the Procurement Officer

4:00 PM

July 21, 2022

August 4, 2022

Department’s anticipated posting of answers to Respondents’ questions on the Next Gen VIP

August 9, 2022

August 23, 2022

Deadline to submit Reply and all required documents to the Procurement Officer

3:00 PM September 27, 2022

Public Opening.

Conference Room 101 4050 Esplanade Way Tallahassee, Florida 32399-0950

2:00 PM September 28, 2022

Anticipated Evaluation Phase October 5, 2022, to November 23, 2022

Anticipated Negotiation Phase December 5, 2022, to May 5,2023

Anticipated Negotiation Team Public Meeting Conference Room 101 4050 Esplanade Way Tallahassee, Florida 32399-0950

10:00 AM May 11, 2023

Anticipated date to post Notice of Intent to Award on the Next Gen VIP

May 16, 2023

THIS SPACE INTENTIONALLY LEFT BLANK.

CERTIFICATE OF COMPLIANCE

Respondents that submitted Attachment H – Data Use Agreement, and that are interested in continuing to respond to Invitation to Negotiate No. DMS-22/23-046, entitled Invitation to Negotiate for Third Party Administrative Services for HMO Health Insurance, are required to complete and return the following Certificate of Compliance on or before July 25, 2022, in accordance with Addendum 1 to this solicitation. Failure to timely submit a completed Certificate of Compliance, or altering the required obligations within this Certificate of Compliance, will result in a Respondent being deemed non-responsive.

I, (name of affiant) , hereby certify the following:

1. I am the (title of affiant) of (name of entity) (the “Company”).

2. I have been duly authorized by the Company to provide this Certificate of Compliance regarding Attachment J, Scrubbed Claims Data, and the data contained therein that was made available to the Company during the week of July 12, 2022, as part of Invitation to Negotiate No. DMS-22/23-046, entitled Invitation to Negotiate for Third Party Administrative Services for HMO Health Insurance, published on July 6, 2022.

3. Attachment J, Scrubbed Claims Data, was distributed only to the following departments within the Company:

i.

ii.

iii.

iv.

v.

4. Attachment J, Scrubbed Claims Data, was copied or transferred only onto the following operating systems:

i.

ii.

iii.

iv.

v.

5. All copies of Attachment J, Scrubbed Claims Data, received or accessed by the Company, including any replications of the file or the data contained therein, and that were made by or on behalf of the Company by any of its agents, associates, or representatives have been deleted or destroyed and no copies made of this file or the data contained therein now exist in any manner or format. The Company will not retain or use information from Attachment J for any purpose and it will not in the future be used for any purpose or distributed in any manner or format.

6. Each person to whom the information contained in Attachment J, Scrubbed Claims Data, has been made available has been provided a copy of the Department’s notification email on July 19, 2022, and a copy of this Certificate of Compliance for their review and compliance.

7. I have received, from each person and entity to whom the Attachment J, Scrubbed Claims Data, or data contained therein, was distributed, confirmation of their compliance with the provisions of this Certificate of Compliance.

Signature of Affiant

STATE OF FLORIDA

COUNTY OF ________________

Sworn to (or affirmed) and subscribed before me by means of [_] physical presence or [_] online notarization this _____ day of July, 2022, by ____(name of affiant)____.

(Signature of Notary-Public – State of Florida) (Print, Type, or Stamp Commissioned Name of Notary Public)

Personally known: OR Produced Identification: __ ____

Type of Identification Produced: __________________________

REVISED FORM 5a – MANDATORY RESPONSIVENESS REQUIREMENTS - Medical

The Respondent certifies that it is in compliance with the requirements of this ITN, including subsection 3.2, section 9.

The Respondent certifies that neither it, nor its affiliates, is a convicted vendor or a discriminatory vendor as described in section 287.133 and section 287.134, F.S., respectively.

The Respondent certifies that the Respondent is not on the Scrutinized Companies with Activities in Sudan List, the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or the Scrutinized Companies that Boycott Israel List, and is not participating in a boycott of Israel.

The Respondent certifies that, if awarded a Contract, it will provide the Department with a PDF file of its current and active registration with the Florida Department of State, Division of Corporations (www.sunbiz.org), prior to execution of a Contract or, if exempt from registration, a statement to that effect noting the basis for the exemption. Respondents should note that foreign entities are required to obtain a Florida Certificate of Authorization pursuant to applicable Florida Statutes, from the Florida Department of State, Division of Corporations (www.sunbiz.org), to transact business in the State of Florida.

The Respondent certifies that it will provide all required services contemplated within this ITN, and as modified during negotiations.

The Respondent certifies that the Respondent is in compliance with section 448.095(2)(a), F.S., and that within the last year (i.e., within the last 365 days), it has not had a contract terminated under section 448.095(2)(c), F.S., by a public employer, as defined by section 448.095(1)(i), F.S.

The Respondent certifies its proposed health plan(s) and benefits provided under each plan shall adhere to all applicable requirements set forth in Florida or Federal law.

The Respondent certifies that it submitted a completed Certificate of Compliance to the Department on or before July 25, 2022, and is in compliance with all obligations therein.

Signature below certifies that the signatory has the authority to respond to this solicitation on the Offeror’s behalf and certifies conformance with all Responsiveness Requirements listed above.

Name of Respondent’s Organization

Printed Name of Organization’s Authorized Representative

Signature of Organization’s Authorized Representative Date

REVISED FORM 5b – MANDATORY RESPONSIVENESS REQUIREMENTS - Pharmacy

The Respondent certifies that it is in compliance with the requirements of this ITN, including section 3.2, section 9.

The Respondent certifies that neither it, nor its affiliates, is a convicted vendor or a discriminatory vendor as described in section 287.133 and section 287.134, F.S., respectively.

The Respondent certifies that the Respondent is not on the Scrutinized Companies with Activities in Sudan List, the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or the Scrutinized Companies that Boycott Israel List, and is not participating in a boycott of Israel.

The Respondent certifies that, if awarded a Contract, it will provide the Department with a PDF file of its current and active registration with the Florida Department of State, Division of Corporations (www.sunbiz.org), prior to execution of a Contract or, if exempt from registration, a statement to that effect noting the basis for the exemption. Respondents should note that foreign entities are required to obtain a Florida Certificate of Authorization pursuant to applicable Florida Statutes, from the Florida Department of State, Division of Corporations (www.sunbiz.org), to transact business in the State of Florida.

The Respondent certifies that it will provide all required services contemplated within this ITN, and as modified during negotiations.

The Respondent certifies that the Respondent is in compliance with section 448.095(2)(a), F.S., and that within the last year (i.e., within the last 365 days), it has not had a contract terminated under section 448.095(2)(c), F.S., by a public employer, as defined by section 448.095(1)(i), F.S.

The Respondent certifies the proposed health plan(s) and benefits provided under each plan shall adhere to all applicable requirements set forth in Florida or Federal law.

The Respondent certifies that it submitted a completed Certificate of Compliance to the Department on or before July 25, 2022, and is in compliance with all obligations therein.

Signature below certifies that the signatory has the authority to respond to this solicitation on the Offeror’s behalf and certifies conformance with all Responsiveness Requirements listed above.

Name of Respondent’s Organization

Printed Name of Organization’s Authorized Representative

Signature of Organization’s Authorized Representative Date

End of Addendum No.: 1 To the extent this Addendum gives rise to a protest, failure to file a protest within the time prescribed in section 120.57(3), F.S. (as altered by section 110.123(3)(d)4, F.S.), or failure to post the bond or other security required by law within the time allowed for filing a bond shall constitute a waiver of proceedings under Chapter 120, F.S.

Any protest concerning this agency decision or intended decision must be timely filed with the Agency Clerk. Protests may be filed by courier, hand delivery, or regular mail at: Department of Management Services, Office of the General Counsel, Attention: Agency Clerk, 4050 Esplanade Way, Suite 160, Tallahassee, Florida 32399-0950. Protests may also be filed by fax at 850-922- 6312, or by email at agencyclerk@dms.myflorida.com. It is the filing party's responsibility to meet all filing deadlines.