DME Preferred Supplier Absorbent Products RFR.docx

COMMONWEALTH OF MASSACHUSETTS

EXECUTIVE OFFICE OF HEALTH AND HUMAN SERVICES

ONE ASHBURTON PLACE, 11TH FLOOR

BOSTON, MASSACHUSETTS 02108

REQUEST FOR RESPONSES

FOR A

PREFERRED SUPPLIER FOR THE PROVISION OF

DME INCONTINENCE PRODUCTS

Issued: June 9, 2023

COMMBUYS Bid Number: BD-23-1039-EHS01-ASHWA-78829

Document Number: 23EHSDMEINCONTINENCEPRODUCTSRFR

Table of Contents

ATTACHMENT 1. Proposal Requirements Summary…………………………………………………………...33 ATTACHMENT 2. Product Descriptions…………………………………………………………………………35 ATTACHMENT 3. Cost Proposal………………………………………………………………………………….36 ATTACHMENT 4. Provider Network……………………………………………………………………………..41 ATTACHMENT 5. Model Contract……………………………………………………………………………….46 ATTACHMENT 6. RFR Required Bidder Certifications………………………………………………………..47

Introduction and Overview Introduction Through this Request for Responses (RFR), the Executive Office of Health and Human Services (EOHHS) MassHealth program anticipates entering into a “preferred wholesale distributor” arrangement, with a single qualified entity (Bidder) to serve as the preferred supplier of incontinence related products, hereinafter referred to as the “Contractor or Preferred Supplier.” Any resulting agreement will have an initial term of three years, which may be extended for up to two (2) years. EOHHS has set forth minimum quality standards for incontinence products that must be met by Bidders responding to this RFR. MassHealth seeks to ensure that members receive a reliable and quality product and that DME Providers are further incentivized to use the Preferred Supplier to ensure the products they dispense comply with the MassHealth program’s minimum quality standards.

EOHHS anticipates entering into an agreement with a Bidder who offers the best value unit price for products meeting EOHHS’ quality standards for Standard Performance Products and Premium Performance Products, securing a reduced per-unit cost for the MassHealth Durable Medical Equipment (DME) providers who deliver Covered Products[footnoteRef:2] to MassHealth members on a fee-for-service (FFS) basis. FFS claims include, but are not limited to, claims submitted on behalf of MassHealth members enrolled in the MassHealth Primary Care Clinician (PCC) Plan or a MassHealth Primary Care Accountable Care Organization (Primary Care ACO). FFS claims do not include claims submitted on behalf of MassHealth members enrolled in MassHealth Accountable Care Partnership Plans (ACPPs), Managed Care Organizations (MCOs), Senior Care Organizations (SCOs), or One Care Plans (collectively, for the purposes of this RFR, managed care entities or MCEs). MassHealth does not require MCEs to engage with the FFS Preferred Supplier.[footnoteRef:3] [2: Unless otherwise specified, capitalized terms in this RFR shall have the meaning ascribed in the Model Contract (Attachment 5).] [3: MassHealth MCEs include Senior Care Organizations (SCOs); One Care Plans; Managed Care Organizations (MCOs); and Accountable Care Partnership Plans (ACPPs). EOHHS may expand the scope of MassHealth entities eligible to engage with the Preferred Supplier to include MassHealth MCEs at a future date.]

EOHHS seeks to leverage the volume-based purchasing capacity of MassHealth DME providers. The contracted pricing offered by the Contractor to MassHealth DME providers will be based on the total unit price for each Healthcare Common Procedure Coding System (HCPCS) code. EOHHS expects that these unit rates will be lower than unit rates for comparable products otherwise available to MassHealth DME providers. EOHHS is requesting cost proposals for two options listed in Attachments 3A and 3B.

EOHHS will name the Contractor as the preferred incontinence product distributor for the MassHealth program and MassHealth DME providers will have the option to purchase incontinence products at the EOHHS-contracted Total Unit Prices. In turn, MassHealth anticipates adjusting its fee schedule for the applicable products to reflect the availability to MassHealth DME Providers of the EOHHS-contracted Total Unit Prices from the Contractor. The Preferred Supplier will be required to enter into agreements or make other arrangements in order to supply the incontinence products to any interested DME provider and to collect payments from any interested DME provider at the EOHHS-contracted prices.

Background EOHHS and MassHealth The Massachusetts Medicaid program, known as MassHealth, is a joint state-federal program administered by EOHHS. EOHHS is the Single State Agency under titles XIX and XXI of the Social Security Act and federal waivers. MassHealth provides health care coverage to more than 2 million, or about 1 in 4, Massachusetts residents across a variety of programs. This coverage contributes to the Commonwealth’s high level of health care coverage of over 96 percent of its residents.

MassHealth Absorbent Product Current Coverage, Utilization, and Management

MassHealth coverage includes medically necessary diapers or brief-like garments, liners, underpads, and shields used to contain and/or manage symptoms of incontinence. MassHealth covers incontinence related products subject to Prior Authorization (PA). Total FFS MassHealth spending on incontinence related products was approximately $13.8 million for SFY21. MassHealth spending for FFS and MCE services combined was approximately $17 million in SFY 21. The historical total FFS and MCE spending amounts are provided for informational purposes only and represent potential maximum spending. EOHHS does not guarantee a minimum amount of FFS utilization for purposes of any resulting Agreement. As indicated above, the scope of this RFR is for FFS services and does not include MCE services. Also as noted above, EOHHS may amend the scope of any resulting Agreement to include MCE services at a future date.

Providers of incontinence products enroll in the MassHealth DME program pursuant to 130 CMR 450.000 and 130 CMR 409.000. DME providers may subcontract for certain services under 130 CMR 409.412. EOHHS generally reimburses for these products on a per-unit basis pursuant to 101 CMR 322.00 and any administrative bulletins issued pursuant to 101 CMR 322.00. Each HCPCS code generally has an assigned per unit rate.

Potential Service Volumes For the purposes of this procurement, incontinence related products (Covered Products) are products that fit the definition and description of the HCPCS codes listed in Table 1 below. Also listed for informational purposes only are the per code annual MassHealth spending; counts of unique, unduplicated members receiving such products; MassHealth’s current per unit rates; and the number of units funded annually per code for FFS members. This includes units for members in the PCC program who receive DME benefits pursuant to the FFS rates.

Table 1. Baseline MassHealth Utilization for Fee for Service Populations; Current MassHealth Per Unit Rates[footnoteRef:4] [4: The information provided in Table 1, columns 3, 4 and 5 are estimates and are included for informational purposes only. Nothing in this RFR or its related documents constitutes a minimum or maximum product volume for any of the Covered Products.]

Annual FFS Spending

$149,280.00

311,100

$ 0.77

2,060,933

1,478

$ 0.54

$ 0.81

$ 0.58

$ 0.93

$761,366.94

1,153,605

$ 0.71

$ 1.11

566,492

$0.71

2,984,259

3,141

$ 0.54

2,879,123

2,994

$ 0.60

1,830,032

1,979

$ 0.77

<10,000

<11

$ 0.37

928,305

$ 0.59

15,158

$ 0.69

$ 0.95

$0.67

$0.81

$0.29

AAC+20%

No utilization

$3.42

$391,717.20

52,802 3,417

$7.42

$31.73

$4,010.16

$6.82

$ 0.26

<$5,000

$ 0.19

$ 1.29

$ 2.36

$ 1.41

Contractor Responsibilities The Contractor chosen as a result of this RFR will be expected to:

1. Ensure that any contracted MassHealth DME Providers will receive all deliveries within 3 business days of the date the order is placed. The Contractor will have inventory or arrangements adequate to ensure all deliveries to any contracted DME providers are shipped within 24 hours of receipt and received within 3 business days.

The Contractor shall not require a minimum unit order quantity.

The Contractor shall make product options, sizing/fit and minimum quality standards ratings immediately available to any contracted MassHealth DME providers upon request through live customer support during normal business hours, or make such options available 24 hours per day, 7 days per week via the preferred supplier’s website. Any contracted MassHealth DME Providers will be able to place orders with the Contractor 24 hours per day, 7 days per week either online, via fax, or through a dedicated toll-free phone line.

The Contractor’s customer service support shall provide live call support that will be available, at a minimum, during normal business hours of 9 a.m. to 5 p.m. (Eastern Time). A complaint resolution process will be in place to address unanswered or unresolved questions and concerns. Email responses to any MassHealth DME Provider shall be returned within 2 business days.

The Contractor shall make samples of each Covered Product available to providers, upon their request, free of charge.

The Contractor shall maintain an up-to-date list of MassHealth-enrolled DME Providers. For this purpose, the Contractor shall coordinate with EOHHS or its agent to periodically obtain a current list of MassHealth enrolled DME Providers eligible to purchase covered products under any contract resulting from this RFR to ensure all eligible providers receive the contracted Total Unit Price rates. The current list is included in Attachment 4. To maintain an up-to-date list of MassHealth enrolled DME Providers, the Contractor shall, at a minimum, update its list of eligible enrolled providers within 3 business days of its receipt of a new list from EOHHS or its agent.

The Contractor shall offer a minimum of two (2) different products which meet the Commonwealth’s standards for quality for each defined HCPCS code. Prior written approval from EOHHS will be required should the product manufacturer intend to offer less than two products corresponding to a HCPCS code, regardless of whether the reduction in product offering is expected to be temporary, short term, or long term. The Contractor shall guarantee all products against defect. Any products found to be defective will be replaced at no cost to EOHHS or any contracted MassHealth DME Provider.

The Contractor shall offer Covered Products in a full range of sizes representing all defined HCPCS codes.

Minimum Product Specifications for Cost Proposal Alternative One Covered Products Not Subject to Minimum Product Specifications Throughout the life of any agreement resulting from this RFR, all Covered Products, shall comply with applicable standards adopted and periodically updated by the National Association for Continence (NAFC) and as set forth in Sections I.C.9.b through I.C.9.e below, with the exception of HCPCS codes T4529, T4530, T4531, T4532, T4535-UD, T4535, T4536, T4537, T4539, T4540, T4541, T4542, T4544. The NAFC standards do not apply to the codes listed in the preceding sentence.

NAFC Standard Performance Specifications for certain briefs/diapers NAFC Standard Performance Specifications for briefs/diapers are listed below:

No plastic (non-breathable) backed products Rewet rate of <2.0 g Rate of Acquisition (ROA) of <60 seconds Retention capacity of >250 g Presence of breathable zones with a minimum value of >100 cubic feet per minute (cfm) Presence of a closure system which allows for multiple fastening and unfastening occurrences.

NAFC Premium Performance Specifications for certain briefs/diapers NAFC Premium Performance Specifications for briefs/diapers are listed below:

1. No plastic (non-breathable) backed products Rewet rate of <1.0 g Rate of Acquisition (ROA) of <50 seconds Retention capacity of >400g Presence of breathable zones with a minimum value of >100 cubic feet per minute (cfm) Presence of a closure system which allows for multiple fastening and unfastening occurrences.

NAFC Standard Performance Specifications for protective underwear/pull-ons NAFC Standard Performance Specifications for protective underwear/pull-ons are listed below:

1. Rewet rate of < 1.0 grams Rate of Acquisition (ROA) < 45 seconds Retention capacity > 250 grams Presence of breathable (permeability) zones with a minimum value of >100 cubic feet per minute (cfm).

Universal Requirements for Underwear and Pull-ons

Universal Requirements for Underwear and Pull-ons are listed below:

1. Designed with a continuous elasticized waistband and side panels Designed with multi-elastic leg gathers with >100% elastic tension Backing is waterproof.

Minimum Product Specifications for Cost Proposal Alternative Two

a. Covered Products Not Subject to Minimum Product Specifications Throughout the life of any agreement resulting from this RFR, all Covered Products, shall comply with applicable standards adopted and periodically updated by the National Association for Continence (NAFC) and as set forth in Sections I.C.10.b through I.C.10.d below, with the exception of HCPCS codes T4529, T4530, T4531, T4532, T4535-UD, T4535, T4536, T4537, T4539, T4540, T4541, T4542, T4544. The NAFC standards do not apply to the codes listed in the preceding sentence.

b. NAFC Premium Performance Specifications for certain briefs/diapers NAFC Premium Performance Specifications for certain briefs/diapers are listed below:

1. No plastic (non-breathable) backed products Rewet rate of <1.0 g Rate of Acquisition (ROA) of <50 seconds Retention capacity of >400g Presence of breathable zones with a minimum value of >100 cubic feet per minute (cfm) Presence of a closure system which allows for multiple fastening and unfastening occurrences.

c. NAFC Standard Performance Specifications for protective underwear/pull-ons NAFC Standard Performance Specifications for protective underwear/pull-ons are listed below:

1. Rewet rate of < 1.0 grams Rate of Acquisition (ROA) < 45 seconds Retention capacity > 250 grams Presence of breathable (permeability) zones with a minimum value of >100 cubic feet per minute (cfm).

1. Universal Requirements for Underwear and Pull-ons:

1. Designed with a continuous elasticized waistband and side panels Designed with multi-elastic leg gathers with >100% elastic tension Backing is waterproof.

Independent Testing.

The Preferred Supplier shall submit test results to EOHHS, or to MassHealth DME Providers, upon request, from an independent testing laboratory which describe each adult and youth sized Covered Products’ performance ratings for each of the minimum quality control measures listed in the preceding [four (Alternative One) or three (Alternative Two)] sections.

Bidder Qualifications To be considered for the Contract award pursuant to this RFR, Bidders, in addition to all other requirements specified herein, must meet the following minimum qualifications:

1. The Bidder must have a minimum of three years’ experience in manufacturing and/or distributing the Covered Products.

The Bidder must have annual gross sales revenue from Durable Medical Equipment and Medical Supplies as defined in 130 CMR 409.000, of $50 million, or greater.

The Bidder must demonstrate to the satisfaction of EOHHS that they currently have a distribution infrastructure within Massachusetts or show the ability to establish a distribution infrastructure within Massachusetts within 60 days of execution of any Agreement resulting from this RFR.

The Bidder must possess a current, operating, live Customer Service support line and email support that will be used to fulfill this RFR for the duration of the contract period.

Bids that do not meet the above Bidder Qualifications or Minimum Product Specifications in Sections I.C.9 and I.C.10 may result in the bid submission being deemed nonresponsive.

Definitions, Model Contract and Contract Term Unless otherwise noted, definitions for capitalized terms in this RFR and its Attachments are set forth in the Model Contract for this RFR in Attachment 5.

Any Bidder that becomes the Contractor shall provide the services requested in this RFR and in Attachment 5, Model Contract. Attachment 5 contains provisions that may be incorporated into any Contract to be executed between EOHHS and the selected Contractor. EOHHS may modify Attachment 5 as it deems necessary prior to the execution of the Contract. Changes to the Contract after its execution by the parties shall be made only by written amendment.

EOHHS anticipates the term of the Contract shall begin on or about [DATE], for an initial 3-year term, subject to all necessary approvals and appropriations; and the Contractor’s satisfactory performance, as determined by EOHHS, of all duties and obligations under the Contract. Additionally, EOHHS may extend the Contract in any increments for up to two additional years at its sole discretion, upon terms agreed upon by the parties. EOHHS reserves the right to further extend the Contract for any reasonable increment it determines necessary to complete a subsequent procurement. Any extension of the Contract is subject to continued authorization, if necessary, and EOHHS’ determination of satisfactory performance.

Response Requirements

1. Submission Instructions

All Responses to this RFR must be submitted in accordance with the submission instructions in this section.

All procurements posted on COMMBUYS, known as Bids, require the submission of electronic responses, known as Quotes. To submit an electronic Quote, Bidders must register and maintain an active COMMBUYS Seller subscription account. Questions regarding COMMBUYS should be directed to the Operational Services Division (OSD) Help Desk at osdhelpdesk@mass.gov. Instructions for creating a Quote can be found in the document titled “Create a Quote in COMMBUYS” in the list of File Attachments for this RFR. See Sections VI.H and VI.I of this RFR for further information about COMMBUYS.

Bidders must submit electronic Quotes on COMMBUYS by the date and time specified in Section VII, Procurement Timetable. COMMBUYS will not accept submissions after the specified deadline. The Bidder shall comply with all COMMBUYS electronic submission requirements and file size limits. Electronic media submissions, other than the required electronic files submitted via COMMBUYS, such as videotapes, audiotapes, and diskettes will not be accepted. Facsimile and e-mailed responses will not be accepted.

All Responses must be received by the Procurement Coordinator, no later than the Bid Opening (Proposals Due) Date and time indicated in the Procurement Timetable (Section VII) or they will not be evaluated.

Elements of the Response The Bidder shall provide documents and narratives in three (3) separate files specified below (collectively, “the Response”) by the date and time specified in Section VII, Procurement Timetable:

· Business Response – must contain the completed forms, documents and response text specified in Section III.E of this RFR, which includes the following:

· A Cover Letter (See Section III.E.1);

· All required forms (fully executed as appropriate) identified in Section III.E.7.

· Programmatic Response – must contain the Programmatic Response, not exceeding 15 pages in length (excluding required forms) as described in Section III.F of this RFR.

· Cost Proposal – must contain the two Cost Proposals, one for Alternative One and one for Alternative Two as described in Section III.G of this RFR.

Response Format Requirements

1. Each document comprising the Response must be clearly labeled and state on the cover page and within the file name:

1. The title of the RFR;

The Bidder’s legal name; and The title of the document contained in the file (e.g., Business Response, Programmatic Response, Cost Response).

The Response shall be formatted as follows:

1. Typewritten/word processed;

Single-spaced with a line between each paragraph;

One-inch margins;

12-point Times New Roman font or similar; and Include the Bidder’s name and page number in the footer.

The Response shall be organized as follows:

1. The Response shall contain a Table of Contents;

The Bidder must respond to each item in the order in which it appears in the RFR;

Each section of a document that is part of the Response shall be separated by a header that includes reference to the RFR section number and heading (e.g., Section III.E.1.c (statement accepting the terms of the RFR and Model Contract)); and Each attachment of the document shall be separated by a page that includes the attachment number and heading (for example, “Attachment A: Organizational Chart”). The Supplier Diversity Program (SDP) Plan required documentation and forms listed in Section VI.J of this RFR must be included as attachments separate from the narrative response.

EOHHS assumes no responsibility for knowledge of any material that is not presented in accordance with EOHHS’s instructions and may not consider any such material in evaluating the Bidder’s response to the RFR.

Responsiveness Bidders shall not submit unnecessary samples, attachments, or other documents not specified in this RFR. Each response document should contain only relevant information that is specific to the topic of that response document in accordance with Section III of this RFR. Superfluous information may be disregarded.

Business Response Bidders are required to submit a Business Response consisting of the following:

1. Cover Letter The Bidder must include with its Business Response a cover letter that must:

1. Clearly state the name of the Bidder and the Bidder’s principal address;

Clearly state the name, address, email, and telephone number of the individual who should be contacted for the purpose of discussing any aspect of the Bidder’s response;

Include a statement that (1) clearly articulates that the Bidder accepts the terms of this RFR and of the Model Contract provided in Attachment 5, without substantive change and (2) acknowledges the Bidder has read and understood the Standard Contract Form Instructions and the Commonwealth Terms and Conditions (see Section V.C);

Be signed by an individual authorized to bind the Bidder; and Include a statement that the Bidder’s proposal will remain in effect until the Bidder withdraws its proposal or a Contract resulting from his RFR is executed, whichever is later.

Organizational Overview The Bidder shall submit the following information:

1. The Bidder organization’s legal name, trade name, and any other name under which the bidding organization does or has done business;

The Bidder’s ownership status (whether the bidding organization is publicly traded or privately held). If privately held, identify the owner(s) with 5 percent or more financial interest in the organization;

The Bidder’s principal address, e-mail address, telephone number, and website URL, if applicable;

A listing of the Board of Directors, if any, of the Bidder’s organization and of the Bidder’s parent organization, if any;

The type of legal entity the Bidder is (for example, corporation (profit or not for profit), limited partnership, general partnership, or trust), and the state or foreign country where the entity is organized. The Bidder shall also include such information for any parent organization; and The Bidder’s and any Material Subcontractor’s organizational chart. The Bidder’s organizational chart shall include the names, titles, and reporting relationships of all key organization officers, (for example, the Chief Executive Officer and the Chief Financial Officers) as well as any subsidiary relationships and subcontractors. If this requirement is not applicable because the Bidder is an individual or sole proprietor, please indicate as much in the response.

Material Subcontractors In addition to the provisions of Section 9 of the Commonwealth Terms and Conditions, the Bidder shall state whether any Material Subcontractors (as defined in Attachment 5) will be used to perform any services under the contract, and if so, shall identify each such Material Subcontractor by corporate or other legal entity name, address, telephone number, website URL, and status as a Supplier Diversity Office (SDO)-certified business or enterprise. The Bidder shall generally describe the roles and responsibilities of each Material Subcontractor. Proposals to use Material Subcontractors for specified services must be designed to avoid any additional administrative burden on EOHHS and do not relieve the Bidder of any legal obligations under any Agreement resulting from this RFR.

The Bidder shall state that, if selected to enter into any Agreement resulting from this RFR, it will enter into any privacy and/or security agreements (including business associate agreements or arrangements pursuant to the HIPAA Privacy and Security Rules) with DME Providers, that may be deemed necessary by the providers in connection with the selected Bidder’s performance under the Agreement.

Interests Neither the Bidder nor any subcontractor shall have any interest that will conflict, as determined by EOHHS in its sole discretion, with the performance of services required under this RFR. In order to so demonstrate, the Bidder must submit the following:

1. A description of how the Bidder will assure that no interest will conflict with the performance of services required under the Contract;

A statement describing any and all of the financial, legal, contractual and any other business interests of the Bidder and any of its Material Subcontractors, and of its affiliates, partners, parent(s), subsidiaries, and any other related organizations, if any, that may affect or impact the performance of services required under the Contract .

The names, addresses, and website URLs, if applicable, of any person or entity, if any, with which the Bidder has any direct or indirect financial, legal, contractual or other business relationship, including any Material Subcontractor(s), and such Material Subcontractors’ partners, parents, subsidiaries, and any other entity directly or indirectly related to any such Material Subcontractor, that may create a conflict of interest or the appearance of such a conflict, and a description explaining the exact nature of each such relationship and the possible conflict;

A list of any other contracts or agreements that the Bidder has entered into with the Commonwealth that will be in effect at the same time as a Contract that may result from this RFR;

A statement describing whether the Bidder or any employee or Material Subcontractor who shall perform work under the Contract has a possible conflict of interest and, if so, the nature of that conflict; and Any other information requested by EOHHS that, in EOHHS’s judgment, is relevant to the Bidder’s financial, legal, contractual or other business interests.

If EOHHS determines that a Bidder possesses a conflicting interest, EOHHS reserves the right to propose or consider any proposal of the Bidder of any measures which would eliminate or mitigate such conflicting interest to EOHHS’s satisfaction.

Financial Condition The Bidder must demonstrate to the satisfaction of EOHHS that its organization (and the Bidder’s parent organization, if any) and any Material Subcontractor(s) are in sound financial condition. The Bidder must also demonstrate to the satisfaction of EOHHS that any significant financial problems are being addressed with appropriate corrective measures. The documents submitted must include at least the following with regard to the Bidder (and the Bidder’s parent organization, if any) and all of its Material Subcontractors:

1. A completed EOHHS-Required Bidders’ Certification (See Attachment 6);

A disclosure of any financial audit of the Bidder that is ongoing or concluded in the last two years and a copy of the auditor’s report. The Bidder shall also submit such a disclosure from the Bidder’s parent organization and material subcontractors, if any;

A statement as to whether, in the last 10 years, the Bidder has filed (or had filed against it) any bankruptcy or insolvency proceeding, whether voluntary or involuntary, or undergone the appointment of a receiver, trustee, or assignee for the benefit of creditors; and if so, a detailed explanation regarding said proceeding or appointment; and A certificate from the taxing authority of the state in which the Bidder has its principal office, attesting that the Bidder is not in default of any obligation under its tax laws. Corporations with principal offices in Massachusetts may satisfy this requirement may be satisfied by submitting a “Certificate of Good Standing” issued by the Massachusetts Department of Revenue (DOR). For instructions on obtaining the DOR certificate, visit: https://www.mass.gov/info-details/dor-certificate-of-good-standing-andor-corporate-tax-lien-waiver-faqs EOHHS may disqualify a Bidder if the Bidder fails to submit the documents required by this section, or if these documents, or other information obtained by EOHHS relating to the Bidder’s and any Material Subcontractor’s financial condition, indicate to EOHHS, in its reasonable discretion, that the Bidder’s or any Material Subcontractor’s financial condition is unsatisfactory. EOHHS reserves the right to request additional financial information from proposed Material Subcontractors. The Bidder shall inform proposed Material Subcontractors of their obligation to provide such information at the request of EOHHS. Failure of a Material Subcontractor to provide such information may be grounds for rejection of the Bidder’s proposal.

Supplier Diversity Program The Bidder shall submit a Supplier Diversity Program (SDP) Plan Form (See Section III.E.7 and Section VI.J).

Required Forms All Bidders must submit the RFR-required certifications and Commonwealth required forms as described below, executed as appropriate. Unless otherwise noted, these forms are posted on COMMBUYS along with this solicitation.

1. Commonwealth of Massachusetts Standard Contract Form, Standard Contract Form Instructions, Contractor Certifications and Commonwealth Terms and Conditions: Please note that Bidders do not need to complete the Standard Contract Form Instructions and the Commonwealth Terms and Conditions, but should acknowledge that they have read and understood these forms in their cover letter (see Section III.E.1.c) Massachusetts Substitute W-9 Form – Request for Taxpayer Identification Number and Certification;

Contractor Authorized Signatory Listing Supplier Diversity Program (SDP) Plan Form as described in Section VI.J) RFR-Required Bidder Certifications (see Attachment 6, which is posted separately as an attachment to the RFR):

· Exhibit 1 — Certification of Qualifications and Readiness

· Exhibit 2 — Certification of Interests

· Exhibit 3 — Certification of Acceptance of EOHHS Model Contract for Preferred Supplier

· Exhibit 4 — Certification of Key Personnel

· Exhibit 5 — Certification with Regard to Subcontractors

· Exhibit 6 — Certification of Non-Collusion

· Exhibit 7 – Certification Regarding Debarment or Suspension

· Exhibit 8 – Certification with Regard to Financial Condition

· Exhibit 9 – Certification of Privacy and Security

· Exhibit 10 – Certification with Regard to Changes to Statements

· Exhibit 11 – Certification of Subcontractor’s Independence (if applicable) Note: Failure to submit all required forms may result the bid submission being deemed nonresponsive.

Programmatic Response (shall not exceed 15 pages total, exclusive of required forms) Bidders should address their ability to assume all programmatic responsibilities of the Contract as detailed in Attachment 5, and explain and provide all necessary documentation of their ability to meet the requirements in Section I.C, Contractor Responsibilities and Section I.D, Bidder Qualifications. Bidders’ Programmatic Responses shall not exceed 15 total pages, exclusive of required forms.

The Bidder shall describe its plans and approach for accomplishing the work requested, including, where applicable, the use of any Material Subcontractors. The information provided shall be in enough detail to enable EOHHS to ascertain that the Bidder understands the goals to be accomplished, and should outline the steps required to accomplish those goals. The Bidder shall submit all required materials, including narrative and attachments as specified in this Section III.F. If a Bidder is unable to provide the information required in a specific submission requirement, the Bidder shall expressly identify which information it is not submitting, and why. The Bidder shall submit the most comparable information it has available, and shall explain in accordance with this section how it will have the capability to perform all Contract responsibilities.

The Bidder shall describe in detail wherever applicable throughout its Programmatic Response, the respective responsibilities, functions and percentage of the total project effort to be assigned to each Material Subcontractor, if any, that would perform if the Bidder were awarded the Contract, and how the Bidder will manage and evaluate each subcontracting entity, and how the Bidder’s and the Material Subcontractor’s performance will be coordinated. When asked to describe current or prior experience, the Bidder shall include the experience of any proposed Material Subcontractor and indicate whether the experience described was that of the Bidder or of the Material Subcontractor.

Bidders must provide the following information:

1. Bidder History The Bidder shall provide a brief history of its organization, including:

1. A statement indicating the Bidder’s credentials to satisfy the requirements of this RFR and to supply the Covered Products sought under this RFR to MassHealth DME Providers. The statement must demonstrate that the Bidder meets the minimum qualifications described in Section I.D. Include a statement of how long the Bidder has been a wholesale supplier of Covered Products. To the extent that services have been delivered by the Bidder through Material Subcontractor(s) the Bidder shall so specify.

A description of how the Bidder meets the qualifications specified under Section I.D of this RFR.

A description of the Bidder’s familiarity with the Massachusetts market for the Covered Products and involvement with the MassHealth program, if any. This shall include the involvement of any related entities or Material Subcontractor(s).

A list of all current contractual relationships by Bidder or related entity(ies) with the Commonwealth of Massachusetts, if any, and all those completed within the previous five-year period. The listing must include:

1. the contract name;

the contract term;

the name of the contracting state agency; and the name, title, e-mail address, and telephone number of a person who can serve as a reference and respond to inquiries about the Bidder’s involvement with the project.

A listing of any sanctions imposed on the Bidder, or any Material Subcontractor or owner holding an interest of 5 percent (5%) or more of the Bidder, including contract terminations, in the past five years.

A statement as to whether, in the last five years, any Material Subcontractors or vendors have cancelled contracts with the Bidder or a related entity, and if so, an explanation providing relevant details.

A statement as to whether, in the last five years, Bidder, related entity or any Material Subcontractor(s) have cancelled contracts with the Commonwealth of Massachusetts or any other state.

Relevant Experience The Bidder shall provide, for itself as well as for each Material Subcontractor (if any), a list of all the organizations with which the entity has relevant business experience, preferably involving the wholesale supply of the Covered Products described in this RFR. Experience with Medicaid, Medicare, or other large-scale healthcare operations should be discussed. This list may be limited to the five most recent years, or may be longer, at the Bidder’s option. If the Bidder or Material Subcontractor currently contracts with any state agency or vendor to a state agency other than a Massachusetts agency for a similar role as a wholesale supplier or preferred supplier, the Bidder must include each agency or state vendor. The Bidder shall provide the information below for each such contract/engagement:

1. The organization’s name and business address;

The name and title, address, telephone number, fax number and e-mail address for the company contact person knowledgeable about the bidder’s work;

A brief description of the contract requirements (including a description of the products and services offered, and the extent to which the contract/engagement included some or all of the Covered Products to be supplied under this RFR);

The volume of Covered Products supplied; and The annual amount paid to the Bidder, as well as to any Material Subcontractor, for Covered Products for each year of contract/engagement.

Distribution Infrastructure The Bidder shall demonstrate its readiness to perform the activities required by any Agreement resulting from this RFR by providing the following information:

1. Identify its local office in Massachusetts, if any, or describe its plans, including timeframe, or any steps currently underway to establish a local office.

A statement that office space is accessible to all and meets the accessibility standards of the Americans with Disabilities Act and any other applicable local, state, or federal standards.

A description of the Bidder’s proposed hours of operation for performing the activities required by the Contract (see Attachment 5, Sections 3.3 and 3.4).

Continuity of Operations Plan The Bidder shall submit a detailed description of how business would be conducted if its principal place of business, Massachusetts area office, and/or systems were unavailable for five or more consecutive calendar days.

Contract Implementation and Management

1. Project Plan (not included in page limit) The Bidder shall provide a detailed project plan that must include implementation and transition activities as set forth in Attachment 5, Section 4.

Staffing Plan (not included in page limit) The Bidder shall describe its proposed staffing plan to include a description of its Key Personnel (including but not limited to the personnel functions listed in Attachment 5, Section 4), organizational charts, resumes, qualifications of the individuals.

Project Management and Ongoing Operations

The Bidder shall provide a comprehensive narrative that describes how it would manage the transition, implementation and ongoing operations to ensure compliance with ongoing Contract requirements and responsibilities.

Turnover Plan (not included in page limit) The Bidder shall provide a brief overview of its Turnover Plan to assist EOHHS with the transition of Preferred Supplier responsibilities to EOHHS or EOHHS’s future preferred supplier upon the expiration, termination, or non-renewal of any Agreement resulting from this RFR.

DME Provider Outreach Plan The Bidder shall describe its DME Provider Outreach Plan in accordance with Attachment 5, Section 4 and include a description of Bidder’s experience providing such outreach in other markets.

Customer Service Support Operations The Bidder shall describe its customer service operations and the telephone system it will have in place to respond to Provider inquiries in accordance with Attachment 5, Sections 3.3 and 3.4.

Written and Email Correspondence The Bidder shall describe how it will handle written and email encounters, including tracking, response times, and proposed protocols for developing responses, in accordance with Attachment 5, Sections 3.3 and 3.4.

Reporting The Bidder shall discuss in detail its reporting capabilities and ability to provide the reports detailed in Attachment 5, Section 3.6 in accordance with the timeframes and requirements specified therein; its flexibility to generate and provide ad hoc reports; any suggestions for providing additional informatics reports, and any proposed modifications to the reports listed in Attachment 5, Section 3.6.

Additional Information for Programmatic Response Bidders must provide the following information:

1. Product Descriptions (see Attachment 2).

Submission of test results through an independent testing facility which describes each product’s performance ratings for the minimum product quality specifications listed (see Section I.C.11).

References Only upon request by EOHHS, Bidders may also be required to provide references, (see Section IV.F). EOHHS reserves the right to request, verify and contact references from any Bidder at any time prior to executing any Agreement that may result from this RFR.

Cost Proposal Bidders must provide two Cost Proposals (Attachment 3A and Attachment 3B) which include total unit prices for each HCPCS code and, where applicable, each minimum quality specification. Attachment 3A shall include NAFC standards set forth in Section I.C.9. Attachment 3B shall include NAFC standards set forth in Section I.C.10. The bid price(s) must reflect all costs associated with providing incontinence products to DME Providers in accordance with the Contractor Responsibilities, including shipping and delivery costs; provider outreach and education; product returns and order management; and EOHHS minimum quality standards, as described in Sections I.C.9, and I.C.10. The bid price must reflect the Covered Products’ per unit Total Unit Price that will be available to interested MassHealth DME Providers, net of any discounts, rebates or incentives.

Bids which do not include a Total Unit Price for all products may be deemed nonresponsive.

Response Evaluation Process The EOHHS Evaluation Committee (hereinafter, “the Committee”) will evaluate all Responses of qualified Bidders that comply with the requirements of Sections I.D. Bidder Qualifications, III.A Submission Instructions, and III.E Business Response Requirements.

EOHHS anticipates entering into a contract with one (1) Bidder who offers the best overall value to the Commonwealth. The agency will consider cost and quality standards; however, EOHHS is not required to choose the Bidder that proposes the lowest costs, but will choose the Bidder that offers the best overall value to the Commonwealth. The Committee will evaluate Bids as follows:

1. Evaluation Criteria Initially, all Bids will be reviewed to determine compliance with the Business Requirements set forth in this RFR. The Committee will only evaluate the Programmatic Response of Bidders that comply with the Business Response requirements.

Each element of the programmatic responses will be evaluated for comprehensiveness, feasibility, clarity, effectiveness, and responsiveness to the needs of EOHHS and its DME Providers. EOHHS will favorably consider Bidders with higher Supplier Diversity Commitments (See Section VI.J). EOHHS may also consider any relevant information about the Bidder known to EOHHS.

Programmatic Response Rating The Committee will (1) evaluate each element of Programmatic Responses in accordance with the criteria described above; (2) give a composite rating of “Excellent,” “Very Good,” “Good,” “Fair,” “Poor,” or “Non-Responsive” for each category of the Programmatic Response; (3) assign an overall rating to each response; (4) compare the responses to one another; and (5) Rank the responses in order of preference.

Oral Presentation/Staff Interview The Committee may, in its sole discretion, invite those Bidders whose responses have been judged competitive and responsive in the course of the evaluation to attend an Oral Presentation. At that time, the Bidder’s proposal may be discussed and clarified, but not changed in any way.

The Committee reserves the right to apply restrictions to the structure and content of the Oral Presentation, and to instruct the Bidder regarding attendees.

Oral Presentations shall not be open to the public nor to any competitors. Failure of a Bidder to agree to a date and time for an Oral Presentation may result in rejection of the Bidder’s response.

Site Visit/Inspection EOHHS may, in its sole discretion and at its convenience, elect to visit or inspect any of a Bidder’s offices, facilities or resources prior to executing a Contract under this RFR. Such a visit or inspection could include a detailed review of the Bidder’s operations and systems relevant to this RFR. Failure to agree to such an inspection may result in rejection of the Bidder’s response.

Cost Responses After completing review and evaluation of the Programmatic Response, the Committee will review each Bidder’s Cost Response. The Cost Responses will be evaluated based on reasonableness of cost, competitiveness of cost and value to the Commonwealth.

The Cost Response will be a factor, but not the sole factor, considered in the committee’s evaluation. EOHHS is not required to choose the Bidder that proposes the lowest costs.

Best Overall Value EOHHS will select the Response which, in its sole discretion, it determines demonstrates best overall value to EOHHS and the Commonwealth.

In the event more than one Bidder offers similar value to the Commonwealth, the determining factor(s), in descending order of importance, will include:

· References, upon request by EOHHS.

· Distribution infrastructure located within Massachusetts at the time of bid submission.

Bids or portions thereof may be reviewed by other individuals at the discretion of the Committee, including non-allied and independent consultants retained by EOHHS now or in the future, provided that the purpose of such review is to provide the Committee with an analysis of the Bids.

Best…