Bidder_Instructions.pdf

Agency Solicitation Bidder Instructions

Cover Page

08/30/2024

Solicitation/Event#: EV00000681 Solicitation/Event Issue Date: 04/04/2025

DUE DATES AND TIME (CENTRAL STANDARD TIME):

Bid Response Must be Received by:

3:00 p.m. on 05/02/2025

Request for administrative review:

3:00 p.m. on 04/08/2025

Last Day to Submit Questions:

3:00 p.m. on 04/17/2025

CONTRACT TYPE: Statewide

Agency Agency Name/Number:

EVENT TYPE:

Request for Proposal

Request for Quote

Invitation to Bid

Does this purchase have IT components?

Yes

No

Terms regarding sensitive data will be included in the Contract including, but not limited to:

HIPAA x

FERPA

CJIS

OTHER x

N/A ____ .

Will federal funds be utilized for this purchase?

Yes

No

SUBMIT BID TO:

Submissions must be submitted via the

Oklahoma Supplier Portal

CONTRACTING OFFICER:

Name: Samantha Fox

Email: samantha.fox@omes.ok.gov

Phone: 405-522-6266

X x x x https://oklahoma.gov/omes/services/purchasing/supplier-portal.html

State of Oklahoma Bidder Instructions

Pursuant to Oklahoma Attorney General Opinion No. 06-23, any Bidder that has assisted in preparing the

Solicitation or developing the procurement terms, either directly or indirectly, is precluded from being awarded the Contract.

1 Introduction

These Bidder Instructions are not part of the Contract; however, compliance with these Instructions is material to the determination of whether a Bid is responsive. Failure to comply may result in rejection of a bid. Bid requirements are altered only by written Amendment; verbal communications from any source are of no effect. In no event shall the Bidder’s failure to read and understand a term, condition or requirement in any of the documents provided by the State constitute grounds for a claim after award of the Contract. A submitted Bid is rendered as a legal offer and is required to be in strict conformity with these Bidder Instructions.

2 Definitions

The following terms, when used in these Bidder Instructions, shall have the following meanings:

2.1 Alternate Bid means a Bid which contains an intentional substantive variation to a basic provision, specification, term or condition.

2.2 Amendment means a written change, addition, correction or revision to Solicitation

Documents and its terms, conditions or requirements by the State.

2.3 BAFO means the best and final offer requested by the State agency issuing Solicitation.

2.4 Bid means an offer a Bidder submits in response to the Solicitation.

2.5 Bidder means an individual or business entity that submits a Bid in response.

2.6 Bid Packet means the order described in these Bidder Instructions in which all Bidders shall insert the relevant sections of a Bid, and which shall be the format for all submitted

Bids.

2.7 Business Associate shall have the meaning given to Business Associate under the Privacy

Rule, including, but not limited to, 45 CFR § 160.103.

2.8 Business Associate Agreement is the contract between an entity covered under HIPAA and its Business Associate as required under the Privacy Rule, including (but not limited

to) 45 CFR § 164.502(e)(2).

2.9 Contract means the definition of contract as defined in the State General Terms.

2.10 CMS means Centers for Medicare and Medicaid Services.

2.11 DPP means Diabetes Prevention Program.

2.12 EGID means Employees Group Insurance Division of the Oklahoma Health Care

Authority. It shall also have the meaning given to the terms ‘Covered Entity’ under the

Privacy Rule, including, but not limited to, 45 CFR § 160.103 for purposes of this Business

Associate Agreement only and to the extent required by law.

2.13 HIPAA refers to the Health Insurance Portability and Accountability Act of 1996 and includes any regulations promulgated pursuant thereto.

2.14 HMO means Health Maintenance Organization.

2.15 Mandatory Provision means whenever the terms “shall,” “must,” “will,” or “is required” are used.

2.16 MAPD means Medicare Advantage Prescription Drug plan.

2.17 MSP means Medicare Supplement Plan.

2.18 OAC means the Oklahoma Administrative Code.

2.19 OEIBA means the Oklahoma Employees Insurance and Benefits Act, 74 O. S. §1301, et seq.

2.20 OEIBA Program means those benefits available to eligible participants through the

OEIBA.

2.21 OEIBB means the Oklahoma Employees Insurance and Benefits Board, established by the

OEIBA.

2.22 OMES means the Office of Management and Enterprise Services.

2.23 OMES/CP means the Office of Management and Enterprise Services, Central Purchasing.

2.24 PCP means Primary Care Physician.

2.25 PDP means Prescription Drug Plan.

2.26 Permissible Provision means whenever the terms “can,” “may,” or “should” are used.

2.27 PGP means Pretty Good Privacy.

2.28 RFP means Request for Proposal.

2.29 Supplier means Individual, company or corporation that supplies the expertise required in this solicitation.

2.30 Value-Added means any goods and/or services that a Bidder provides to other customers that a Bidder wishes to offer to the State that are in addition to those required by Attachment

A.

3 Communications and Questions

3.1 The Contracting Officer listed on the Bidder Instructions Cover Page is the only individual the Bidder should communicate with regarding any questions or issues with the

Acquisition. Communication with any other stakeholders in the State may result in disqualification.

3.2 General Questions from bidders

a. Questions should be concise, identify the relevant document, include specific section references and avoid use of tables or special formatting (use simple lists).

b. Method for Submission of Questions

Bidder should submit general questions concerning Contract or Bid specifications or requirements via the portal Supplier Portal (oklahoma.gov).Questions received via any other means will not be addressed. Questions may be submitted as soon as the solicitation is posted. You are encouraged to submit your questions as soon as possible to allow adequate time for answers.

3.3 Clarification Questions from the State

The State reserves the right to request clarifications of Bid information or to conduct discussions for the purpose of clarification with any or all Bidders. The purpose of any such discussion shall be to ensure full understanding of the Bid. If clarifications are made because of such a discussion, the Bidder(s) shall submit such clarifications in writing to the Contracting Officer. Bidder answers that are outside scope of the clarification questions shall be disregarded. Oral explanations or instructions provided to a potential Bidder are not binding.

4 Bidder Request for Administrative Review

4.1 A Bidder that believes the Contract or Bid requirements or specifications, or Bid Response

Due Date, are unnecessarily restrictive or limit competition may email a request for administrative review to the Contracting Officer. A request received via any other means will not be addressed. The State shall promptly respond in writing to each written administrative review request, and where appropriate, issue a revision, substitution or clarification through an Amendment. Requests for administrative review shall include the reason for the request, supported by information, and any proposed changes.

4.2 If a Bidder fails to notify the Contracting Officer of an ambiguity, conflict, discrepancy, omission or other error in any of the documents provided by the State that is known to

Bidder, or that reasonably should be known by Bidder, the Bidder accepts the risk of submitting a Bid and, if awarded the Contract, shall not be entitled to additional compensation, relief or time by reason of the error or its later correction.

5 Amendments to the Solicitation

5.1 Any Amendment shall be set forth at the same online link as the Solicitation.

5.2 It is the Bidder’s responsibility to check the State’s website frequently for any possible

Amendments that may be issued, you should get notifications of such amendments. At a https://oklahoma.gov/omes/services/purchasing/supplier-portal.html minimum, you should check the day before it closes. The State is not responsible for the

Bidder’s failure to review any amendment documents required to complete a Bid.

6 Preparation of the Bid

6.1 The Bid is required to be structured into labelled and easily identifiable sections using the

Bid Packet format provided below. A Bid submitted using any other format may not be accepted. The Bid Packet should not contain duplicative content amongst multiple sections. Any section of the Bid Packet that is not applicable to the Bidder shall contain a page that reads “Not Applicable,” “N/A” or similar notation.

6.2 Reference to literature submitted with a previous Bid shall not satisfy a specification or requirement associated with the present Bid. Any previous solicitation or resultant contract shall not be dependent upon, perceived or interpreted to have any relevance to the present

Bid.

6.3 All costs incurred by the Bidder for Bid preparation and participation shall be the sole responsibility of the Bidder and the Bidder shall not be reimbursed for any such costs. By submitting a Bid, Bidder agrees not to make any claims for damages or have any rights to damages in connection with the Bid.

6.4 For consistency of contract structure, certain State terms may be marked “Intentionally

Omitted.” If so, no response is expected.

7 Required Bid Format

7.1 Section One: Cover Page

If requested, provide a dated cover page or transmittal letter that identifies the Solicitation and the Bidder and provides Bidder contact information.

7.2 Section Two: Executive Summary and Company Information

If requested, the Bidder’s executive summary shall be submitted in this section. This includes marketing information, information for a designated contact person to receive official notices, approvals and requests, general company information and other similar resources the Bidder wishes to provide. The following company information may be included in the Section:

a. The length of time the Bidder has been in business.

b. A brief description of the company.

c. Company size and organization.

d. The number of years the Bidder has been providing products and/or services of the type requested.

e. The core competence of the company.

f. Number of clients.

g. Average client size (i.e., employee count); and

h. Locations where the Bidder’s solution has been deployed.

7.3 Section Three: REQUIRED Forms, Certifications and Disclosures

a. Completed “Responding Bidder Information” Form CP076 form set forth and accompanying required documentation.

b. Completed “Certification for Competitive Bid and Contract, or Non-Collusion” Form

CP004 attached to bid.

c. Signed Amendments to the solicitation (if any).

d. Disclosure of:

(1) any public contract terminated by a governmental entity or suits or claims against the Bidder for failure to perform in connection with a public contract

(including any company which a Bidder has merged with or acquired that will be performing services or providing products if awarded the Contract).

(2) Any contractual relationship or any other relevant contact with any State personnel or another Bidder or Supplier involved in the development of a

Bidder’s response to the Solicitation.

(3) The name of any officer, director or agent of the Bidder who is also an employee of the State or any of its agencies.

(4) The name of any state employee who owns, directly or indirectly, an interest of five percent (5%) or more in the Bidder firm or any of its branches; and

(5) Any activity or interest that conflicts or may conflict with the best interest of the State, including but not limited to any person or entity currently under contract with or seeking to do business with the State, its employees or any other third-party individual or entity awarded a contract with the State. Any conflict of interest shall, in the sole discretion of the State, be grounds for rejection of the Bid or partial or whole termination of the Contract.

e. Bidder’s Certificate of Insurance [(WCI/GL/AUTO/CYBER (if IT)] to the standards set forth in section 5 of Attachment B - State General Terms – Negotiable.

7.4 Section Four: Bid Portions Requested to be Held Confidential

a. All material submitted by a Bidder becomes the property of the State. No portion of a

Bid shall be considered confidential after award of the Contract except, pursuant to 74

O.S. § 85.5. Any portion of the Bid requested to be held confidential shall be listed in this section for review. Do not duplicate listed documents in this section, simply provide a list of documents or sections of documents requested to be confidential.

b. For each portion of the Bid listed as considered confidential, the Bidder must identify the specific information considered confidential and fully comply with OAC 260:115-

3-91 which additionally requires a Bidder to enumerate the specific grounds, based on applicable laws which support treatment of the information as exempt from disclosure and explain why disclosure is not in the best interest of the public. Additional information regarding information considered confidential by a Bidder is provided in

Section 6 above.

1 OAC 260:115-3-9 is located at https://rules.ok.gov/code https://rules.ok.gov/code

c. A Bid marked in total as proprietary and/or confidential will not be considered confidential.

d. ANY INFORMATION MARKED AS CONFIDENTIAL AND EMBODIED

ELSEWHERE IN A BID RATHER THAN LISTED IN THIS SECTION OF THE

BID PACKET WILL NOT BE CONSIDERED CONFIDENTIAL AND WILL

BE SUBJECT TO DISCLOSURE WITHOUT FURTHER REVIEW. THE

STATE HAS NO RESPONSIBILITY TO INDEPENDENTLY REVIEW AN

ENTIRE BID FOR A CONFIDENTIALITY CLAIM. LIKEWISE,

CONFIDENTIALITY CLAIMS OF A BIDDER WILL NOT BE CONSIDERED

IF A BID DOES NOT COMPLY WITH REQUIREMENTS OF OAC 260:115-3-

9 AND THE INFORMATION WILL BE SUBJECT TO DISCLOSURE

PURSUANT TO STATE LAW.

e. Certain items will never be deemed confidential under the Oklahoma Open Records

Act. The following is a non-exhaustive list of items that are not confidential:

i. Price

ii. References

iii. Individual’s names

7.5 Section Five: Requested Exceptions to Terms

a. Any requested exception or revision to terms or conditions provided by the State shall be redlined in Word format using track changes. If no exceptions or revisions are requested, the Bid should reflect that by inserting a page to denote this section is not applicable.

b. The State will not accept any exceptions or revision to the language found in

Attachment A, this language is designated as non-negotiable.

c. A clarification question is not an exception, and any clarification included in this section will be disregarded.

d. Requested exceptions should not be excessive, specifically exceptions should not be in excess of 10% of the terms and conditions provided by the State in the Solicitation. If the requested exceptions are in excess of 10% it may result in disqualification from evaluation.

e. THE STATE HAS NO RESPONSIBILITY TO INDEPENDENTLY REVIEW

AN ENTIRE BID FOR EXCEPTIONS AND ANY EXCEPTION EMBODIED IN

ANOTHER SECTION OF THE BID OR IN A FORMAT OTHER THAN

TRACK CHANGES IN WORD FORMAT WILL NOT BE CONSIDERED.

LIKEWISE, AN EXCEPTION EXPRESSING ONLY GENERAL

DISAGREEMENT WITH A TERM OR A GENERAL EXCEPTION TO ANY

STATE TERMS OR CONDITIONS, WITHOUT SUGGESTED

ALTERNATIVE WORDING OR IDENTIFYING THAT THE TERM SHOULD

BE INTENTIONALLY OMITTED, WILL NOT BE CONSIDERED.

7.6 Section Six: Additional Bidder Terms

Any additional terms that the Bidder requests to be applicable to the Contract shall be submitted in this section and shall be provided in Word format. The Bidder must review terms before submitting to make changes that contradict the terms and conditions included in the Solicitation. If the Bidder desires any contradicting terms to govern, such changes must be memorialized in the Requested Exceptions in Section Four. Failure to provide

Additional Bidder Terms that have not been harmonized to NOT conflict with the terms and conditions in the Solicitation without a documented exception request may result in disqualification from receiving an award.

THE STATE HAS NO RESPONSIBILITY TO INDEPENDENTLY REVIEW AN

ENTIRE BID FOR ADDITIONAL TERMS AND ANY SUCH TERMS NOT

SUBMITTED IN THIS SECTION OF THE BID SHALL NOT BE CONSIDERED.

Should a Bidder be awarded a Contract, neither the State nor a customer shall be required to execute additional documents not included in a Bid. For example, if a Bidder typically uses an ordering document in connection with an acquisition, the ordering document template shall be included in the Bid. The State expressly rejects any terms found in documents not attached to the Bid Response including, but not limited to, terms and conditions located at provided in hyperlinks.

7.7 Section Seven: Response to Specifications and Requirements

a. The portion of the Bid to be submitted in this section shows the ability of the Bidder to meet or exceed any Acquisition specifications such as Mandatory or Non-Mandatory specifications and requirements found in Attachment A. Please include timelines for deliverables when applicable.

b. Unless otherwise specified in the Solicitation, (i) manufacturers’ names, brand names, information, and/or catalog numbers listed in a specification are for informational purposes and not intended to limit competition and (ii) a Bidder may offer any brand for which it is an authorized representative, which meets or exceeds the specification for any item(s).

c. Bidder shall offer new items of current design and technology unless the State specifies older models or versions, or used, reconditioned, or remanufactured products are acceptable. Warranties in either case should be the same. The Bid is required to state the manufacturer’s name and number. The Bid shall also explain in detail how a proposed equivalent will meet the specifications and should not be considered an exception.

d. If an information technology VPAT is required, the URL link to the Bidder’s VPAT shall be submitted in this section at a Bid Packet page referencing the VPAT.

e. If an information technology Security Certification and Accreditation Assessment is required (Required if data is being accessed, processed, transferred or stored), the completed Assessment shall be submitted in this section at a Bid Packet page referencing the Security Accreditation Assessment in Excel Format. These materials will be held confidential. Bidder may also submit Standardized Information Gathering

(SIG), Consensus Assessment Initiative Questionnaire (CAIQ), FedRamp and/or State

Ramp Certifications in lieu of the Security Certification and Accreditation Assessment.

f. If service level agreements are required, the proposed service level agreements shall be inserted in this section at a bid Packet page referencing the proposed Service Level

Agreements.

g. If a Statement of Work is required, the proposed draft shall be inserted in this section at a Bid Packet page referencing the proposed Statement of Work using CP form 050

Statement of Work.

7.8 Section Eight: Pricing (Will not be held Confidential)

Exhibits 5, 10 and 13 Premium Quote Rate Sheets, as applicable

a. Pricing associated with the bid shall be submitted in this section using Exhibits 5, 10 and 13 Premium Quotes, as applicable.

b. In accordance with 74 O.S. § 85.40, all travel expenses to be incurred by Supplier in performance of the Contract shall be included in the total Bid price. Travel expenses include, but are not limited to, transportation, lodging and meals. Examples of other miscellaneous travel expenses are referenced in §10.14 of the Statewide Accounting

Manual2.

c. A Bid containing early payment discounts may be evaluated when making an award.

If a Bidder wishes to offer an early payment discount, the Bid must include available discount percentages for no less than ten (10) days payment, increasing in five (5) day increments up to thirty (30) days. The discount percentages shall be expressed in a half or whole percentage, with the minimum discount percentage being 0.5%. The State is not obligated to utilize an offered discount.

d. Bids shall remain a firm offer for a minimum of one hundred twenty (120) days after the Bid Response Due Date. Any usage amounts provided by the State are estimates and are not guaranteed to be purchased.

a. A completed bid submission will include completed Exhibits 5, 10 and

13 as applicable.

b. The due date for final MAPD and MSP rates will be the later of:

2 Statewide Accounting Manual is located at https://oklahoma.gov/content/dam/ok/en/omes/documents/StatewideAccountingManual.pdf https://oklahoma.gov/content/dam/ok/en/omes/documents/StatewideAccountingManual.pdf e.a..1. August 1 of the year preceding the Plan Year; or e.a..2. Two (2) business days following CMS deadlines for rebate allocation calculations based upon the release of the CMS national average monthly bid amounts.

c. MSP and MAPD bid submission shall include premium rates. Final rates for Plan Year 2026 must be submitted prior to the public August

Board meeting.

e. Unless specified otherwise, the Bidder shall submit a firm, fixed price for the term, including optional renewal terms, of the Contract. The Bidder guarantees unit prices to be correct.

7.9 Section Nine: Offer of Value-Added Products and/or Services

If a Bid includes an offer of value-added products and/or services, such an offer shall be submitted in this section and include associated pricing and any other information relevant to such value-added offer. However, the State is not obligated to purchase value-added products or services.

7.10 Section Ten: Financial Information (Confidential under Title 51 O.S. § 24A.5(1)(h))

Bidder shall submit up to the last three years audited financial statements and up to three years tax returns in this section. This Section shall be deemed confidential for purposes of the Oklahoma Open Records Act. If the Bidder is a subsidiary of another entity, the last three years audited financial statements and three years tax returns for the parent company may also be required. The State reserves the right, in its sole discretion, to determine a

Bidder’s financial status and to withhold award to a Bidder who is not deemed financially responsible.

a. Provide copies of audited financial statements for the Bidder’s last three (3) fiscal years immediately preceding the Plan Year to which the initial bid or renewal applies. The financial statements should include, but not limited to, Balance Sheet, Income

Statement, Statement of Retained Earnings or Statement of Stockholders’ Equity, Statement of Cash Flows, and additional notes to the Financial Statements. Refer to

Exhibit 17.

b. Identify the Bidder’s independent auditor.

c. Specify the name and address of any sponsoring or parent corporation or others who provide financial support to the Bidder or affirm there are none.

d. Describe any understandings, legal relationships or financial agreements with respect to sponsorship or other financial support of the Bidder with any other entity, i.e., guarantees, letters of credit, etc. What are the maximum limits of additional financial support?

e. Provide a copy of the sponsoring organization's most recent audited financial statement, if applicable. The financial statements should include, but are not limited to, Balance

Sheet, Income Statement, Statement of Retained Earnings or Statement of

Stockholders’ Equity, Statement of Cash Flows, and Notes to the Financial Statements.

Refer to Exhibit 17.

f. Identify the independent auditor for the Bidder’s sponsoring organization.

7.11 Section Eleven: Business References

If requested, provide three (3) business references from clients for whom Bidder has provided similar services to establish a successful implementation experience. Business references must include customer contact information including email and phone number.

The State is not responsible for references that do not respond.

7.12 Section Twelve: Third Party Vendor Information

If a third-party or subcontractor is included as part of a submitted Bid, the following information is required to be included in the Bid for each such third-party vendor:

a. Company history.

b. Relationship to Bidder.

c. Clients for which the two entities have worked together; and

d. Products and/or services proposed to be provided by the third-party vendor and how those products and/or services interface with the Bidder’s solution.

8 Submission of Bid

8.1 A Bid shall be submitted solely via the Supplier Portal. The entire Bid must be submitted by the Bid Response Due Date and Time. A Bid emailed directly to or cc’d to the

Contracting Officer will not be reviewed by the Contracting Officer. In person, commercial carrier or facsimile submittals shall not be accepted. Receipt of the Bid by the State is the responsibility of the Bidder. The Supplier Portal is located here: Supplier Portal

(oklahoma.gov) You can submit a bid as a bidder or as a Supplier. For help with the portal, please reach out to OKSuppliers@omes.ok.gov.

8.2 All Bids shall be firm representations that the responding Bidder has carefully investigated and will comply with all State terms and conditions relating to the Contract. Upon award of a contract, such terms and conditions, as may be amended by the Bid after negotiation, shall become contractual obligations between the parties.

9 Contract Award Notice

9.1 Once the evaluation process is complete and a contract has been awarded, suppliers can find the award information on the official Oklahoma State Procurement website. To view the award details:

a. Visit the following webpage:

https://www.ok.gov/dcs/solicit/app/solicitationSearch.php?status=awarded

b. Locate the “Enter Solicitation Number:” search box on the page.

c. Type the event number associated with the solicitation into the box and click the search button.

The results will display the award information, including the awarded supplier and associated documentation. Suppliers are encouraged to check the website regularly for mailto:OKSuppliers@omes.ok.gov https://www.ok.gov/dcs/solicit/app/solicitationSearch.php?status=awarded updates on award determinations. This ensures timely access to the most current award information. For additional assistance, please contact the Office of Management and

Enterprise Services Central Purchasing Division.