BRFP2603 Specs.doc

STATE OF IDAHO

THE DEPARTMENT OF HEALTH AND WELFARE

REQUEST FOR PROPOSAL (RFP)

Idaho Tobacco Project Support and Enforcement

BRFP2603 / IPRO RFP1461

Issue Date 10/09/2026

TABLE OF CONTENTS

Page

1RFP ADMINISTRATIVE INFORMATION

OVERVIEW

QUESTIONS

INSTRUCTIONS FOR SUBMISSION OF PROPOSALS

PROPOSAL FORMAT

PROPOSAL REVIEW, EVALUATION, AND AWARD

MANDATORY SUBMISSION REQUIREMENTS

Business Information Organization and Staffing

SCOPE OF WORK

APPENDIX A -- COST PROPOSAL AND BILLING PROCEDURE

APPENDIX B -- REPORTS

APPENDIX C -- STATE OF IDAHO CONTRACT TERMS AND CONDITIONS WITH ARTICLE 6

APPENDIX D -- RIDERS

APPENDIX E -- IDAHO TERMS AND CONDITIONS BACKGROUND AND LIMITATIONS

ATTACHMENT 1 -- OFFEROR QUESTIONS

ATTACHMENT 2 -- MODIFICATION AND EXCEPTION FORM

ATTACHMENT 3 -- PRE-PROPOSAL CONFERENCE REGISTRATION FORM

ATTACHMENT 4 -- STATE SIGNATURE PAGE

ATTACHMENT 5 -- COVER FORM

RFP ADMINISTRATIVE INFORMATION TC "RFP ADMINISTRATIVE INFORMATION" \f C \l "1"

Grants/Contracts Officer kristin.perry@dhw.idaho.gov

Submit Proposal to:

Submit electronically via IPRO Electronic Submission:

IPRO LOGIN

Pre-Proposal Conference Date/Time:

Pre-Proposal Conference Location:

Friday, 10/16/2026, 1:00 p.m. Mountain Time By Microsoft Teams only You must email the RFP Lead by the Pre-Proposal Registration Deadline to receive conference details. Late registrations will not be guaranteed to receive conferencing information. There will not be an in-person conference.

Microsoft Team Meeting ID: 246 437 376 496 661 Passcode: M2ks765r

OVERVIEW TC "1

OVERVIEW" \f C \l "1" 1.1 Purpose The Department’s Division of Behavioral Health is seeking a qualified contractor to support the Idaho Tobacco Project (ITP) through website management, statewide enforcement inspection services, and proper inspection evidenced disposal.

1.2 Background Information In 1998, Idaho, through a contractor, performed the first statewide, youth-purchased, tobacco inspection of all retailers. At that time, the violation rate was fifty-six point two percent (56.2%), meaning just over half of Idaho retailers failed inspections and sold tobacco products to minors. This finding led to the creation and expansion of Idaho statute Title 39, Chapter 57, Prevention of Minors’ Access to Tobacco Products or Electronic Smoking Devices, https://legislature.idaho.gov/statutesrules/idstat/title39/t39ch57/, and now known as ITP. In 2025, the compliance rate was ninety-four point four percent (94.4%); showing only five point six percent (5.6%) violation rate of retailer inspections led to the sale of a tobacco/nicotine product to a minor.

To maintain federal Substance Abuse and Mental Health Services Administration (SAMHSA) Synar funding, states are expected to maintain a minimum ninety percent (90%) compliance rate. The successful Contractor, resulting through award of this RFP, must assist the Department in maintaining a compliance rate above ninety percent (90%) through inspection and retailer education efforts. Contractor responsibilities will include overseeing the permitting of all tobacco/nicotine retailers in Idaho (there are approximately one thousand eight hundred [1,800] retailers throughout Idaho), performing at least one (1) inspection per location, per year (plus additional inspections as detailed in this RFP section 9.IV and as can be found in statute), entering and editing permit and inspection data into the Department’s ITP website, complying with federal SYNAR reporting requirements, and providing educational and training materials to retailers.

For informational purposes only: Over the past four (4) years, the services have been contracted out for a total of two million five hundred thirty-four thousand, one hundred and twenty dollars and zero cents ($2,534,120.00). The Offeror should note that state and federal funding and/or policy changes will cause fluctuations in the Department’s funding and/or the services needed.

QUESTIONS TC "2

QUESTIONS" \f C \l "1" 2.1 Restrictions on Communications

From the issue date of this RFP, until a Contract is awarded, or the RFP is cancelled, vendors are prohibited from communications regarding this RFP with Department staff, evaluation committee members, or other associated individuals, except the Department’s RFP Lead.

2.2 Pre-Proposal Conference

A non-mandatory pre-proposal conference will be held at the time indicated in the RFP Administrative Information Section, page 1 of this RFP. This will be your opportunity to ask questions of Department staff. All interested parties are invited to participate by an established call in number. To receive conference details, participants must register for the Pre-Proposal Conference no later than Thursday, 10/15/2026, 12:00 p.m. (NOON) Mountain Time by submitting the completed Attachment 3 -- Pre-Proposal Conference Registration Form via email to the RFP Lead at kristin.perry@dhw.idaho.gov . Late registrations will not be guaranteed to receive conferencing information. Vendors are strongly encouraged to submit questions to the RFP Lead prior to the pre-proposal conference. Any oral answers given by the Department during the pre-proposal conference are unofficial and will not be binding on the State. Conference attendance is at the vendor’s own expense.

2.3 Questions and Vendor Proposed Modifications and Exceptions to Requirements, Terms, or Conditions

Questions must be submitted, by email, to the RFP Lead by the date and time indicated in the RFP Administrative Information Section, page 1 of this RFP in order to be considered. Vendors are strongly encouraged to submit any proposed questions, and or modifications to the requirements, terms, or conditions at this time. Written questions must be submitted using Attachment 1 -- Offeror Questions and requested modifications and or exceptions, must be submitted using Attachment 2 -- Modification and Exception Form. The RFP Lead is the only contact for this Solicitation. All correspondence must be in writing. Official answers to all written questions will be posted on the State’s eProcurement system (IPRO) as an amendment to this RFP.

2.3.1 Proposed modifications and exceptions to requirements, terms or conditions must contain the following:

a.

The rationale for the specific requirement being unacceptable to the party submitting the question (define the deficiency).

b.

Recommended verbiage for the State’s consideration that is consistent in content, context, and form with the State’s requirement that is being questioned.

c.

Explanation of how the State’s acceptance of the recommended verbiage is fair and equitable to both the State and to the party submitting the question.

2.3.2 The State will not consider any modifications or exceptions that are not identified specifically on Attachment 2 and that are submitted after the Question deadline.

2.3.3 The State has sole discretion to determine if the modifications or exceptions submitted by an Offeror would result in a material change or otherwise threaten the integrity of the procurement process. Pursuant to IDAPA 38.05.01.084, the State may only negotiate non-material modifications or exceptions. Modifications or exceptions which the State determines to be material, or which otherwise threaten the integrity of the procurement process, will not be accepted or negotiated.

2.3.4 Except as otherwise provided in the Solicitation document, including the State of Idaho Standard Contract Terms and Conditions with Article 6 (updated July 2024) the State will not consider modifications or exceptions to the requirements, terms, or conditions which are proposed after the Question deadline.

2.3.5 Proposals which condition the Proposal based upon the State accepting other terms and conditions not found in the RFP, or which take exception to the State’s terms and conditions, will be found non-responsive, and no further consideration of the Proposal will be given.

INSTRUCTIONS FOR SUBMISSION OF PROPOSALS TC "3

INSTRUCTIONS FOR SUBMISSION OF PROPOSALS" \f C \l "1" 3.1 General Instructions

3.1.1 Proposals must be submitted as detailed in 3.1.6 below. Except as otherwise addressed in this Solicitation, all submission materials must be submitted at the same time. If multiple submissions are received, only the latest timely submission will be considered.

3.1.2 Alternate proposals are not allowed.

3.1.3 All files must be in Microsoft Word, Excel or searchable PDF format. The only exceptions are Attachment 1 – Offeror Questions and Attachment 2 -- Modification and Exception Form which must be submitted in Word format. The electronic version must NOT be password protected or locked in any way.

3.1.4 All Offerors participating in this Solicitation must establish an account in the IPRO system as it is necessary in order to submit your response and award the resulting Contract(s). Establishing an account is free and only takes a few minutes.

3.1.5 Vendors are strongly encouraged to begin the process of submitting the response far enough in advance of the Closing Date to allow for resolution of technical difficulties. Be advised that the State is not responsible for a Vendor’s failure to timely submit a responsive submission due to any technical or technological difficulties. See IDAPA 38.05.01.61.

3.1.6 Both the Technical Proposal and the Appendix A - Cost Proposal and Billing Procedure must be submitted electronically through IPRO. Failure to input this data in IPRO will result in the Proposal being found non-responsive. Download the Excel spreadsheet titled “Appendix A – Cost Proposal and Billing Procedure” found in the Question Section of IPRO. Complete the spreadsheet, upload it back into IPRO in an Excel spreadsheet format. Upload your Technical Proposal into the appropriate Question Section in IPRO.

3.1.7 The current version of the Solicitation Instructions to Vendors is incorporated by reference into this Solicitation, and attached or referenced in any resulting Contract, as if set forth in their entirety. This document can be downloaded at https://purchasing.idaho.gov/vendor-resources/; or copies obtained by contacting the Division of Purchasing at 208-327-7465 or purchasing@adm.idaho.gov. Failure by any Offeror to obtain a copy of this document or the State of Idaho Contract Terms and Conditions with Article 6 - Appendix C shall in no way constitute or be deemed a waiver by the State of any term, condition or requirement contained in the referenced documents; and no liability will be assumed by the Department for an Offeror’s failure to consider the State of Idaho Standard Contract Terms and Conditions with Article 6 and Solicitation Instructions to Vendors in preparing its response to the solicitation.

SPECIAL TERMS PRECEDENCE: The State of Idaho Contract Terms and Conditions with Article 6 have been adapted for use by the Department of Health and Welfare and are included with this Solicitation as Appendix C.

3.2 Trade Secrets

Paragraph 28 of the Solicitation Instructions to Vendors describes trade secrets to “include a formula, pattern, compilation, program, computer program, device, method, technique or process that derives economic value, actual or potential, from not being generally known to, and not being readily ascertainable by proper means by other persons and is subject to the efforts that are reasonable under the circumstances to maintain its secrecy.” In addition to marking each page of the document with a trade secret notation (as applicable; and as provided in Paragraph 28 of the Solicitation Instructions to Vendors), Offerors must also:

3.2.1 Identify with particularity the precise text, illustration, or other information contained within each page marked “trade secret” (it is not sufficient to simply mark the entire page). The specific information you deem “trade secret” within each noted page must be highlighted, italicized, identified by asterisks, contained within a text border, or otherwise clearly delineated from other text/information and specifically identified as a “trade secret.”

3.2.2 Provide a separate document entitled “List of Redacted Trade Secret Information” which provides a succinct list of all trade secret information noted in your Proposal; listed in the order it appears in your submittal documents, identified by Page #, Section #/Paragraph #, Title of Section/Paragraph, specific portions of text/illustrations; or in a manner otherwise sufficient to allow the State’s procurement personnel to determine the precise text/material subject to the notation. Additionally, this list must identify with each notation the specific basis for your position that the materials be treated as exempt from disclosure and how material complies with the Public Records Law.

3.2.3 If your Technical Proposal contains trade secret information, you must also upload a redacted copy with all trade secret information removed or blacked out. The redacted copy must be uploaded into IPRO into the appropriate Question Section in IPRO with the word “redacted” in the file name.

3.3 Electronic Submission of Proposals 3.3.1 Proposals must be submitted through IPRO, at https://sms-idaho-prd.tam.inforgov.com/fsm/SupplyManagementSupplier/page/XiSupplyManagementSupplierPage?csk.SupplierGroup=LUMA. When submitting through IPRO, upload your Technical Proposal and Appendix A - Cost Proposal and Billing Procedure, and all other required submittal items in the appropriate Question Sections. Remember to submit an additional redacted version of the TECHNICAL PROPOSAL if you have identified trade secrets.

3.3.2 The Technical Proposal and Appendix A - Cost Proposal and Billing Procedure must be separate files submitted at the same time.

3.3.3 Offerors are further advised to upload response materials with descriptive file names, organized and consolidated in a manner which allows evaluators to efficiently navigate the Offeror’s response.

PROPOSAL FORMAT TC "4

PROPOSAL FORMAT" \f C \l "1" These instructions describe the format to be used when submitting a Proposal. The format is designed to ensure a complete submission of information necessary for an equitable analysis and evaluation of submitted Proposals. There is no intent to limit the content of Proposals.

4.1 Table of Contents

Include a table of contents in the Technical Proposal identifying the contents of each Section, including page numbers of major subsections.

4.2 Format Proposals shall follow the numerical order of this RFP starting at the beginning and continuing through the end of the RFP. Proposal Sections and subsections must be identified with the corresponding numbers and headings used in this RFP. Respond to RFP Sections marked with an evaluation code. In your response, restate the RFP Section and follow with your response.

Offerors are encouraged to use a different color font, bold text, italics, or other indicator to clearly distinguish the RFP Section from the Offeror’s response.

4.3 Evaluation Codes

(M) Mandatory Response - failure to respond to any (M) Section, or to comply with any mandatory specification or requirement, will render Offeror’s Proposal non-responsive and no further evaluation will occur.

(ME)

Mandatory and Evaluated Response - failure to respond to any (ME) Section, or to comply with any mandatory specification or requirement in an (ME) Section, will render Offeror’s Proposal non-responsive and no further evaluation will occur. Offeror must respond to these sections as directed; points will be awarded based on predetermined criteria.

(E) Evaluated Response - a response is desired and will be evaluated. If Offeror cannot meet the requirement, or chooses not to respond for any reason, zero (0) points will be awarded for the Section. If Offeror responds, points will be awarded based on predetermined criteria.

Note: Offerors are directed to IDAPA 38.05.01.074.02.a, which allow the designated State official to waive minor informalities. The State also reserves the right to seek clarification on any M, ME or E requirement.

PROPOSAL REVIEW, EVALUATION, AND AWARD TC "5

PROPOSAL REVIEW, EVALUATION, AND AWARD" \f C \l "1" 5.1 Overview

The objective of the State in soliciting and evaluating Proposals is to ensure the selection of a firm or individual that will produce the best possible results for the funds expended.

5.1.1 All Proposals will be reviewed first to ensure that they meet the Mandatory Submission Requirements of the RFP as addressed in Sections noted with an (M) or (ME). Any Proposal(s) not meeting the Mandatory Submission Requirements may be found non-responsive.

5.1.2 Evaluation Criteria

Technical Proposal:

Mandatory Submission Requirements Met Pass/Fail

Business Information (Section 7) 50 points

Organization and Staffing (Section 8) 70 points

Scope of Work (Section 9) 480 points

Cost Proposal:

Cost Proposal and Billing Procedure (Appendix A) 400 points

Total Points 1000 points

5.2 Technical Proposal

5.2.1 The Technical Proposal will be reviewed first on a “pass” or “fail” basis to determine compliance with those requirements listed in the RFP with an (M) or (ME). All Proposals which are determined by the Department, in its sole discretion, to be responsive in this regard will continue in the evaluation process outlined in this Section.

5.2.2 The Technical Proposal will be reviewed, evaluated, and scored by one (1) or more Technical Proposal Evaluation Committee(s).

5.2.3 The scores for the Technical Proposal will be normalized as follows: The Technical Proposal with the highest overall total technical score will receive a score of six hundred (600) points. Other Technical Proposals will be assigned a portion of the maximum score using the formula:

X raw score of Technical Proposal being evaluated highest raw technical score

5.3 Oral Presentations/Demonstrations 5.3.1 Oral demonstrations will not be conducted for this RFP.

5.4 Appendix A - Cost Proposal and Billing Procedure 5.4.1 The Appendix A - Cost Proposal and Billing Procedure will be reviewed first to determine if it meets the mandatory requirements of the RFP. All Proposals which are determined by the Department, in its sole discretion, to be responsive in this regard will continue in the evaluation process outlined in this Section.

5.4.2 The Appendix A - Cost Proposal and Billing Procedure will only be evaluated for Offerors who receive the top three (3) technical scores.

5.4.3 The scores for the Appendix A - Cost Proposal and Billing Procedure will be normalized as follows: The cost evaluation will be based on the total cost proposed for required services as itemized in Appendix A. The Proposal with the lowest FIVE (5) YEAR TOTAL will receive a score of four hundred (400). Other Proposals will be assigned a portion of the maximum score using the formula:

X lowest Cost Proposal and Billing Procedure Cost Proposal and Billing Procedure being evaluated

5.5 Responsibility

Pursuant to IDAPA 38.05.01.081, the RFP Lead may, in the State’s sole discretion, conduct a review to determine if the apparent high point Offeror is responsible. As part of the responsibility review, the RFP Lead may:

5.5.1 Require the apparent high point Offeror to provide credit or financial reports to the satisfaction of the Department.

5.5.2 Require the apparent high point Offeror to provide a reference list and contact the Offeror’s references, which may include sending references a reference questionnaire.

5.5.3 Conduct other responsibility reviews at the discretion of the RFP Lead.

Failure to provide requested documentation may result in the Offeror being deemed non-responsible. Nothing herein shall prevent the State from using other means to determine Offeror’s responsibility.

5.6 Award

Award of Contract will be made to the responsive, responsible Offeror whose Proposal receives the highest number of total normalized points.

MANDATORY SUBMISSION REQUIREMENTS TC "6

MANDATORY SUBMISSION REQUIREMENTS" \f C \l "1" A complete response begins with the mandatory items identified in this list and the following Sections. NOTE: THIS CHECKLIST IS PROVIDED AS A COURTESY ONLY; OFFERORS ARE RESPONSIBLE FOR SUBMITTING ALL MANDATORY SECTIONS, ATTACHMENTS, SUBMITTAL ITEMS, ETC., REGARDLESS OF WHETHER THEY ARE IDENTIFIED IN THIS LIST.

(M) State Signature Page: Upload a completed, signed, Attachment 4 -- State Signature Page in the appropriate Question Section of IPRO.

(M) Cover Form: Upload a completed, signed, Attachment 5, Cover Form in the appropriate Question Section of IPRO

(M) Acknowledgement of Amendments: If the RFP is amended, the Offeror must acknowledge each amendment with a signature on the acknowledgement form provided with each amendment. Failure to return a signed copy of each amendment acknowledgement form with the Proposal may result in the Proposal being found non-responsive. See IDAPA 38.05.01.52. Upload a completed, signed, Acknowledgement of Amendments form in the appropriate Question Section of IPRO.

Section 7: Provide a response to all (E) (M) and (ME) Sections, and any other required submittal items.

Section 8: Provide a response to all (E) (M) and (ME) Sections, and any other required submittal items.

Section 9: Provide a response to all (E) (M) and (ME) Sections, and any other required submittal items.

(ME) Appendix A - Cost Proposal and Billing Procedure: Offerors are required to upload their Appendix A – Cost Proposal and Billing Procedure in the Question Section in IPRO in an Excel spreadsheet format.

Technical Proposal: Offerors are required to upload their Technical Proposal in the Question Section in IPRO.

Trade Secret Redactions: If applicable, the Offeror must upload a redacted copy of Technical Proposal and list of Trade Secret redactions, as detailed in Section 3.2.2.

Insurance: Review the required types and levels of insurance—these are mandatory requirements. If you do not already have the required types and levels of insurance, you are strongly encouraged to contact your insurance representative to find out if you will be able to obtain the required insurance. (The Offeror should not purchase additional insurance in reliance of being awarded a Contract). If you are awarded a Contract, failure to provide proof of the required insurance will be grounds for termination of the Contract. DO NOT SUBMIT WITH PROPOSAL.

Business Information TC "7 Business Information" \f C \l "1" 7.1 (ME) Business Profile

Provide a profile of your business including Offeror’s business history, description of current service area, and customer base.

7.2 (ME) Experience

Describe in detail your knowledge and experience in providing services similar to those required in this RFP. Specifically, your response should indicate experience in:

7.2.1 Employee management of adult and minor inspections;

7.2.2 Customer service (e.g. answering retailer questions); and

7.2.3 Data management and data entry.

7.3 Faith-based Organization

If you are a faith-based organization describe how you will:

7.3.1 Segregate Contract funds in a separate account if federal funds;

7.3.2 Serve all participants without regard to religion, religious belief, refusal to hold a religious belief, or refusal to actively participate in a religious practice;

7.3.3 Ensure that State-referred clients’ participation in religious activities, including worship, scripture study, prayer or proselytization, is only on a voluntary basis;

7.3.4 Notify participants of the religious nature of the organization, their right to be served without religious discrimination, their right not to take part in inherently religious activities, their right to request an alternative provider and the process for doing so;

7.3.5 Ensure that Contract funds are not expended on inherently religious activities; and

7.3.6 Comply with applicable terms of 42 CFR Parts 54 and 54a, and 45 CFR 260 and 1050.

Organization and Staffing TC "8 Organization and Staffing" \f C \l "1" Describe your qualifications to successfully complete the requirements of the RFP by providing a detailed response to the following:

8.1

(E) Project Lead

Identify the person who will be the dedicated Project Lead if Offeror is awarded a Contract. Provide a description of the proposed Project Lead’s experience and qualifications. You may submit a resume in response to this Section.

8.2

(E) Key Personnel and Qualifications

Provide a list of key management, customer service and other roles to be used in the fulfillment of the Contract (in addition to the Project Lead). Provide role descriptions, including requisite qualifications and experience of the person(s)/role(s) identified, as well as an explanation of how the person in that role will contribute to the project. Your response should demonstrate the extent to which you have the expertise to accomplish the Scope of Work.

8.3 Subcontractors

If the Offeror utilizes any entity other than the entity submitting the Proposal to provide any of the services required by this RFP, the relationship between the two (2) entities is considered that of a contractor-subcontractor for the purpose of this Section, regardless of whether a relationship is based on an actual written Contract between the two (2).

8.3.1 If you intend to utilize subcontractors, describe the extent to which subcontractors will be used to comply with Contract requirements.

8.3.2 Include each position providing service and provide a detailed description of how the subcontractors are anticipated to be involved under the Contract (including requisite qualifications/experience).

8.3.3 If applicable, provide resumes for those subcontractors who will be managing and or directly providing services under the Contract.

8.3.4 Include a description of how the Offeror will ensure that all subcontractors and their employees will meet all requirements.

8.3.5 Offerors must disclose the location of the subcontractor’s business office and the location(s) of where the actual work will be performed.

8.3.6 If you do not intend to utilize subcontractors, provide a statement to that effect.

Note: The information provided for subcontractors, if any, will be evaluated as part of the Key Personnel and Qualifications section 8.2 above.

SCOPE OF WORK (SOW) TC "9

SCOPE OF WORK" \f C \l "1" All Sections of the SOW are required Contract services. Use this Proposal outline as part of your response to the RFP by restating each Section number and then providing your response. Keep in mind, the evaluators will be scoring your Proposal based on the methodologies proposed and the completeness of the response to each item listed below. Describe how you will meet each requirement marked (ME) Mandatory Evaluated and (E) Evaluated by describing, in detail, your organization’s qualification and experience (rather than simply restating the question or confirming compliance without additional supporting information); as well as how your organization plans to meet SOW requirements detailed in this RFP. The Proposal should address methodologies, pertinent timelines, personnel, activities, and other pertinent information in order to implement the SOW successfully to achieve full compliance with all tasks and deliverables. Offerors must identify any information or resources needed from the Department in order to perform any of the work. By providing a response to this Solicitation, you affirm you agree to and will comply with the following requirements.

I. General Requirements

A. The Contractor must:

1. Comply with the rules, regulations and policies established by the Department and the Substance Abuse and Mental Health Services Administration (SAMHSA), as provided by the Substance Abuse Prevention and Treatment Block Grant Synar Federal Code-Public Health Service Act, Title XIX, Part B, Subpart II, as amended, Public Law 106-310; 42 U.S.C. § 300x; and Idaho Code § 39-57.

2. Maintain business office hours from 8:00 a.m. - 6:00 p.m. Mountain Time, Monday - Friday, excluding state holidays. A list of the state holidays is located at https://sto.idaho.gov/About/State-Holidays.

3. Have at least one (1) staff person with decision-making authority located in Boise, Idaho, or have a staff person available for meetings held in Boise, at no additional cost to the Department.

4. Not respond to requests for public information or issue news releases pertaining to any aspect of the activities funded under the Contract nor publish any data generated under the Contract without the prior written consent of the Department. All requests for information must be referred to the Department.

5. Conduct tobacco and electronic smoking device compliance inspections which occur only within the boundaries of the State of Idaho under the Contract.

6. Be responsible for all costs associated with issuing or renewing tobacco and electronic smoking device retailer permits.

B. Ownership of Information: The Department and the United States Department of Health and Human Services must have unlimited rights to own, possess, use, disclose, transfer, or duplicate all information and data, copyrighted or otherwise, developed, derived, documented or furnished by the Contractor under the Contract.

C. The Contract is subject to the provisions of Idaho Code Title 60 Chapter 1. Except as provided in this paragraph, the Contractor must ensure all printing, binding, engraving and stationary work is executed within the State of Idaho. The Contractor may execute such work outside the State of Idaho, if any of the exemptions in Idaho Code §60-103 apply.

II. (E) Administration Describe how you will fulfill the requirements outlined below.

A. The Contractor must:

1. Send via email or United States Post Office, first renewal notices to retailers no later than the second Monday in October of each calendar year.

a. Send a second renewal notice to retailers who have not renewed, no later than the second Monday of November; and

b. Directly contact, via telephone or in person, retailers who have not renewed their permit as of the second Monday in December.

2. Provide, maintain, and monitor an email address and toll-free business telephone number for services to be provided under the Contract and be responsible for all costs associated with maintaining the toll-free number.

a. Ensure email address and telephone number are posted on all resource materials and the Idaho Tobacco Project (ITP) websites.

3. Manage the ITP Newsletter, including but not limited to:

a. Drafting monthly newsletter to be submitted for Department approval at least seven (7) calendar days prior to distribution;

b. Distributing the newsletter monthly to all retailers via mail or email. If a retailer does not provide an email address, the newsletter must be mailed to the retailer;

c. Archiving historical copies of the newsletter on the Department’s ITP Training and Education website; and

d. Be responsible for all costs for drafting, publishing, maintaining, distributing, and archiving the newsletter.

B. The ITP Newsletter must include:

1. Information on the current retailer violation rate;

2. Any changes made to state or federal code;

3. Ways to identify underage buyers, and instruction to refuse sale of tobacco and electronic smoking device products to individuals who are minors or who refuse to provide state-issued identification when requested;

4. Information on changes to Idaho driver’s licenses or identification cards;

5. Updates on Food and Drug Administration (FDA) tobacco and electronic smoking device inspection-related initiatives; and

6. Information on the harm of tobacco and electronic smoking device use as well as tobacco and electronic smoking device prevention and cessation resources.

III. (E) Website Management Describe how you will fulfill the requirements outlined below. Include a draft Disaster Recovery Plan with your response to this section.

A. The Department owns two (2) ITP websites that support tobacco and electronic smoking device retailer permitting, record-keeping, training, and education.

1. The ITP Permitting and Data Collection website (https://www.tobaccopermits.com/) serves as the foundation for ITP's electronic record-keeping system. The website has the capacity to issue permits, collect inspection data, generate permittee and inspection reports, and maintain retailer inspection records.

2. The ITP Training and Education website (https://www.preventthesale.com/idaho/) is designed to provide training and information to tobacco and electronic smoking device retailer permit holders and their sales staff hereafter known as “retailers.” This website includes an information sheet on key elements of the Prevention of Minors' Access to Tobacco and Electronic Smoking Device statute, a quiz on the key elements, examples of other states' driver licenses, retailer point of sale resources, and the Idaho Training Form.

B. The Contractor must maintain and update the two (2) Department-hosted ITP websites (tobaccopermits.com and preventthesale.com/Idaho/) which include but are not limited to:

1. Ensuring qualified staff are trained and can perform the following:

a. Support the websites;

b. Review and update the information on an ongoing basis; and

c. Maintain functionality of the websites.

2. Ensuring websites are available twenty-four (24) hours a day, seven (7) days a week, except for maintenance downtime to be scheduled, as needed, between the hours of 12:00 a.m. - 6:00 a.m. Mountain Time.

3. Providing business, infrastructure, and application support including, but not limited to:

a. Unlimited technical and maintenance support via email or telephone between the hours of 8:00 a.m. - 6:00 p.m. Mountain Time, Monday through Friday, except on state holidays;

b. Response time must not exceed one (1) business day from receipt of support request;

c. Developing and implementing procedures used to monitor website performance and errors including procedures to eliminate errors;

d. Employing technical support incident escalation procedures and timeframes; and

e. Providing online help, including help screens, for users which are not copyrighted and can be printed.

4. Submitting all written materials and changes to website content to the Department for approval prior to printing or posting to the website(s).

5. Making minor platform updates and customized changes to the websites, as requested by the Department.

a. The Contractor must submit a Work Plan for Department approval for each proposed or Department-requested change prior to commencing any work.

6. Developing, maintaining, and implementing a Disaster Recovery Plan to address how the Contractor's website services must continue with minimal disruption and how data must be safeguarded and accessible in the event of a catastrophe (disaster, emergency, power failure, data breach, etc.).

a. The Contractor must deliver a final Disaster Recovery Plan to the Department for review and acceptance within thirty (30) calendar days after the Contract effective date.

b. The Contractor's staff must be trained to the requirements of the Disaster Recovery Plan to ensure all systems remain intact and all files and data are restored within two (2) business days, in the event of a disaster.

C. ITP Permitting and Data Website. The Contractor must update and maintain the ITP Permitting and Data Collection website to ensure accurate collection, sorting, and reporting of retailer data and compliance rates by state and county levels.

1. Ensure the ITP Permitting and Data Collection website has the capability and capacity to generate standard and ad-hoc reports needed to meet the federal requirements established in §1926 of the Public Health Services Act (Synar Amendment), Title 45, Chapter 96, §130 of the Code of Federal Regulations (45CFR96.130), and Idaho Code §39-5701 et. seq. Previous Idaho Synar Reports can be found at https://healthandwelfare.idaho.gov/providers/idaho-tobacco-project/tobacco-permits-electronic-smoking-device-information.

2. Ensure the ITP Permitting and Data Collection website is available to retailers, Department staff, and the Contractor to issue, renew, or replace a tobacco and electronic smoking device retailer permits.

a. Allow for the online renewal of multiple permits held by a single entity provided the applicant has met all requirements, and is eligible for new, renewal, or replacement permit(s);

b. Allow retailers to issue, renew, or replace their permit online;

c. Allow retailers to print a copy of their permit from the website; and

d. Allow for inactivation of a tobacco and electronic smoking device retailer permit.

3. Ensure the ITP Permitting and Data Collection website includes, at a minimum, the following:

a. The critical sections of Idaho Code §39.5700 for retailers;

b. A permit numbering system that maintains continuity of current process and assigns permit numbers sequentially;

c. Issuing new, renewal, or replacement of lost permits based on retailer request received via telephone, fax, or email;

d. Ensuring all application and permit information provided is entered into the ITP Permitting and Data Collection website;

e. Confirming retailers seeking to renew their permit are in compliance with all requirements including payment of all fines incurred during the previous year;

f. Providing replacement permit(s) for retailers who meet all requirements and have no outstanding fines;

g. Ensuring all retailer requirements are met prior to allowing retailers to self-establish or issue a permit;

h. Enabling the retailers to print a copy of their permit or Contractor must mail a hard copy of the permit(s) to the retailer within five (5) business days from receipt of application, if the applicant has met all requirements and is eligible for a new, renewal or replacement permit(s); and

i. Deactivating permits if a retailer has closed, has a duplicate permit, or has been identified as having closed a permit and established a new permit in an attempt to avoid incurring a fine.

D. ITP Training and Education Website. The Contractor must update and maintain the ITP Training and Education website to ensure retailers receive training and educational materials to reduce tobacco and electronic smoking device sales to minors. The Contractor must:

1. Upon Department request, update current educational materials, draft new materials, and submit to the Department for approval prior to posting;

2. Upon Department or retailer request, print and mail training and educational materials; and

3. Ensure the ITP Training and Education website includes but is not limited to:

a. The critical sections of Idaho Code §39.5700 for retailers;

b. A quiz to evaluate knowledge and understanding of critical sections of Idaho Code §39.5700 for retailers;

c. Simulations of tobacco purchases to educate retailers about the legal types of Idaho identification and how to identify if the purchaser is underage;

i. Including samples of legal identification documents from surrounding states; ensure all photographs of sample identification are updated annually and have the word "SAMPLE" superimposed on the identification and are copy-protected.

d. Downloadable point of sale materials;

e. A link to the Department ITP homepage (https://healthandwelfare.idaho.gov/providers/idaho-tobacco-project/tobacco-permits-electronic-smoking-device-information), retailer education forms, and other appropriate retailer resources, e.g. American Cancer Society, etc.; and

f. The ITP Newsletter archive.

IV. (ME) Enforcement Inspections Describe how you will fulfill the requirements outlined below.

A. The Contractor must be responsible for all tasks related to the conduct of ITP enforcement inspections. The Contractor must:

1. Conduct monthly inspections of retailers as established in Idaho Code §39-5714 et. seq.

a. Generate monthly a list of retailers to be inspected using a randomized list of retailers which is consistent with statistical sampling frame guidelines established by Idaho Code §39-5701 et. seq. and the SAMHSA Center for Substance Abuse Prevention, Synar Compliance Report requirements;

b. Annually conduct the number of inspections required by Idaho Code §39-5701 et. seq.; and

c. In addition to the inspections required under Idaho Code §39-5701 et. seq., conduct additional targeted inspections of retailers upon Department request.

i. For additional inspections requested by the Department, as a result of law enforcement or other community complaint, the Contractor must conduct the compliance inspection and provide a written summary of the inspection within thirty (30) calendar days of Department request.

2. Provide training and support to inspection teams, including:

a. Providing inspection forms to inspectors and ensure inspectors are trained in completing forms prior to conducting any inspections.

b. Ensuring inspection teams in the field have access to the support which may include responding to retailer requests for information, authorization to take an action, or need for law enforcement support. Support must be available at all times to inspectors in the field including evenings, weekends, and holidays.

c. Using only standard Department ITP forms. Forms will be provided to the Contractor upon execution of the Contract. Any requested revisions to these forms must be approved by the Department prior to use.

3. Enter inspection records into the ITP Permitting and Data Collection website within three (3) business days of inspection. After entering inspection records, submit copies via email to the Department.

4. When an unpermitted retailer is identified, contact the retailer and inform them of the need to secure a permit and the consequences for failing to obtain a permit. Refer retailers refusing to secure a permit to the Department.

a. If an unpermitted retailer is identified during the conduct of inspections, the retailer's address and, if possible, contact information must be reported to the Department no later than the next business day.

5. During an inspection when a sale to a minor does not occur, ensure an adult inspector completes the standard inspection reporting procedure for each retailer inspected by meeting the following requirements:

a. The minor leaves the premises;

b. The adult inspector hands the clerk a notice that documents the clerk has passed the Idaho Tobacco Retailer Inspection and leaves the premises after the minor has exited the retailer;

c. The adult inspector must complete the inspection form prior to leaving for another inspection;

d. Mail a copy of the notice of inspection for each inspection report completed to the retailer who passes inspection within two (2) business days of the inspection;

e. The completed inspection form must be sent to the Department within twenty (20) business days; and

f. Regardless of the inspection outcome, all inspection data, including any unusual occurrences, are entered into the ITP Permitting and Data Collection website within three (3) business days of inspection.

6. During an inspection when a sale to a minor does occur, ensure an adult inspector completes the standard inspection reporting procedure for each retailer inspected by meeting the following requirements:

a. The minor must pay for the product and exit the premises;

b. The adult inspector must leave the premises after the minor has exited the retailer;

c. The minor must hand the purchased product to the adult inspector who must attach an evidence tag to the product;

d. The adult inspector must complete the inspection, clerk citation, and retailer citation forms;

e. The adult inspector must return to the retailer, attempt to pull the violating clerk aside and ask them for the information needed to complete the citation and, upon completion, must issue the citation to the clerk. A copy of the store citation may be given to the onsite manager;

f. The store citation, including the inspection report, the clerk citation, and retailer permittee citation must be mailed to the store owner within forty-eight (48) hours of the inspection;

g. The citation and inspection materials, including photographs of evidence, are sent via email to the Department by the fifteenth calendar day of the month following the month when the citation was issued;

h. Properly mark the purchased tobacco product as evidence with an inspection report number, secure the product in an appropriate container, and seal with a label containing the purchase receipt, inspection report number, date, time, and the initials of the adult inspector and the assisting minor; and

i. Regardless of the inspection outcome, all inspection data, including any unusual occurrences, are entered into the ITP Permitting and Data Collection website within three (3) business days of inspection.

7. Ensure an incident report is completed for each inspection where inspection protocols are breached or where actions occurring during the inspection cannot be accurately detailed on the inspection report.

8. Be solely responsible for ensuring that all inspection records are accurate, complete and legible, which includes but are not limited to:

a. All sections of required forms must be completed per protocol;

b. Any irregularities in the inspection protocol must be noted clearly and legibly on the form or attached to the form; and

c. All citations for self-service violations must include a detailed description of where the product was placed and how the sale occurred.

9. Maintain all inspection records and secure evidence exhibits.

a. All evidence exhibits must be photographed. Photographs must be retained for three (3) years; and

b. The Contractor must manage, handle, store, transport, and dispose of all evidence exhibits including but not limited to: tobacco products, electronic smoking devices, and associated components, including lithium-ion batteries, in compliance with all applicable federal, state, and local laws and regulations.

10. As defined in Idaho Code §39.5700 et. seq. impose applicable fines for retails resulting from enforcement inspections.

11. Notify retailers via mail that an inspection has been conducted at their location; the outcome of the inspection including any violations, fines or penalties for the violation, methods to pay fines, and how to appeal citations.

a. Notification letters must adhere to Department-provided templates. Any requested changes to the letter templates must be submitted to the Department for approval prior to use.

12. Coordinate with local law enforcement agencies, when interested, to conduct enforcement inspections by:

a. Providing an inspection guide and report forms to local law enforcement agencies; and

b. Entering the local law enforcement inspection data into the ITP Permitting and Data Collection website within three (3) business days of inspection.

13. Manage all evidence collected during inspection and ensure proper evidence disposal, to include disposal of tobacco and vape devices.

a. Disposal of electronic smoking devices must be in compliance with Idaho Department of Environmental Quality Rules and Standards for Hazardous Waste (IDAPA 58.01.05).

V. (ME) Inspection Team Management Describe how you will fulfill the requirements outlined below.

A. The Contractor must be solely responsible for all tasks related to selection, training, management, and support of inspection teams including but not limited to:

1. Ensuring all inspection team members are citizens of the United States having no Driving Under the Influence (DUI) or Driving While Impaired (DWI) violations within the preceding sixty (60) months.

2. Ensuring there are adequate numbers of male and female minor inspectors engaged to meet gender-related Synar report requirements.

3. For adult (age twenty-one [21] and over) inspectors:

a. The selection process must include verification of law enforcement training and experience; and

b. The selection process must include verification of references and successful completion of a criminal history background check conducted by the Department or Idaho State Police prior to any contact with a minor inspector. This must also be completed for adult chaperones.

i. Inspectors who have law enforcement experience and who have successfully completed a criminal history check conducted by the Idaho State Police are exempt from this requirement.

4. For minor (under age twenty-one [21]) inspectors the selection process must include:

a. Written parental/guardian consent of participation in the inspections;

b. Written parental/guardian document describing all medical conditions;

c. Verification of the ability to work weekend and early evening hours; and

d. Methods to ensure compliance with the following appearance requirements at time of inspection:

i. Minor inspectors wear no clothing with alcohol, tobacco, electronic smoking device, or drug-related logos or messages or clothing that causes them to appear older than their actual age.

ii. Male minors have no beard, mustache, goatee or other beard-related facial hair, or sideburns extending below the ear or onto the cheek.

iii. Female minors do not wear make-up that causes them to appear older than their actual age.

B. The Contractor must ensure all members of the inspection team have successfully completed inspection training and retain documentation of successful completion.

1. All inspectors must be trained within thirty (30) calendar days of the Contract effective date.

2. Training records are considered Department records and must be maintained for six (6) years after the inspector is no longer conducting inspections under the Contract.

C. The Contractor must ensure inspectors are trained on the…