DMS-2223-072_Addendum No. 1.pdf

ITN No.: DMS-22/23-072 Addendum No. 1 Page 1 of 5

4050 Esplanade Way

Tallahassee, FL 32399-0950

Ron DeSantis, Governor Pedro Allende, Secretary

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

Third Party Administrative Services for

HMO Health Insurance

ITN NO.: DMS-22/23-072

Date: October 4, 2022

To: Prospective Respondents to ITN No.: DMS-22/23-072

From: Departmental Purchasing

Subject: Updates to the ITN and the Department’s Answers to Questions

The Department hereby amends ITN No. DMS-22/23-072 and its attachments/exhibits as within this addendum. For the ITN and Revised Attachment E – Draft Contract revisions, an underline represents an addition and a strikethrough represents a deletion and changes are highlighted.

For Revised Attachments A, B, and D, an underline represent an addition and a strikethrough represents a deletion. In the event of a conflict between previously released information and the information contained below, the information below shall control.

ITN No: DMS-22/23-072 is hereby amended as follows:

1. ITN Section 1.9, Timeline of Events is deleted and replaced in its entirety:

The table below contains the anticipated Timeline of Events for this ITN. The dates and times within the Timeline of Events are subject to change. It is the Respondent’s responsibility to check the Next Gen Vendor Information Portal (VIP) for any changes.

The Respondent is responsible for ensuring the Department receives all required documentation by the dates and times (Eastern Time) specified below (or as revised by addenda).

TIMELINE OF EVENTS Event Time (ET) Event Date

ITN posted on the Next Gen VIP August 2, 2022

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

4:00 PM August 8, 2022

Deadline to submit questions to the Procurement Officer 4:00 PM August 19, 2022 https://vendor.myfloridamarketplace.com/ mailto:DMS.Purchasing@dms.fl.gov

ITN No.: DMS-22/23-072 Addendum No. 1 Page 2 of 5

TIMELINE OF EVENTS Event Time (ET) Event Date

Department’s anticipated posting of answers to Respondents’ questions on the Next Gen VIP September 8, 2022

October 4, 2022

PHARMACY deadline to submit to the Procurement Officer via email to DMS.Purchasing@dms.fl.gov Pharmacy’s Attachment H2 – Data Use Agreement

4:00 PM October 11, 2022

Deadline to submit Reply and all required documents to the Procurement Officer 3:00 PM October 10, 2022

November 4, 2022

Public Opening.

Conference Room 101

Tallahassee, Florida 32399-0950

2:00 PM

10:00 AM

October 11, 2022 November 7, 2022

Anticipated Evaluation Phase

10-17-2022 to 11-23-2022

11-9-2022 to 12-16-2022

Anticipated Negotiation Phase 12-5-2022 to

12-22-2022 to 5-5-2023

Anticipated Negotiation Team Public Meeting Conference Room 101

Tallahassee, Florida 32399-0950

10:00 AM May 11, 2023

Anticipated date to post Notice of Intent to Award on the Next Gen VIP May 16, 2023

2. ITN Section 3.2, Special Instructions:

Section 20. Protests Any protest concerning this ITN shall be made in accordance with section 120.57(3), F.S., as modified by section 110.123(3)(d)4, F.S. and Rule Chapter 28-110, F.A.C.. Any communication not in accordance with these sections or the ITN, including questions to the Procurement Officer, shall not constitute a formal protest.

Section 120.57, Florida Statutes, applies to this solicitation, as modified by section 110.123(3)(d)4, Florida Statutes. By submitting a Proposal, Respondent agrees to the protest procedures prescribed herein.

Time Limits for Filing Protests A formal written protest petition of any decision, intended decision, or other action subject to protest shall be filed within seventy-two (72) hours after the posting of the Department’s notice of decision, intended decision, or other action in accordance with section 110.123(3)(d)4, Florida Statutes.

mailto:DMS.Purchasing@dms.fl.gov

ITN No.: DMS-22/23-072 Addendum No. 1 Page 3 of 5

Bond Must Accompany Protest When protesting a decision or intended decision (including a protest of the terms, conditions, and specifications of the solicitation), the protestor must post a bond equal to one percent (1%) of the Department’s estimated Contract amount. The estimated contract amount for any protest of this procurement is $386,000,000.

The estimated Contract amount is not subject to protest. The bond must be conditioned upon the payment of all costs and charges that are adjudged against the protestor in the administrative hearing in which action is brought and in any subsequent appellate court proceeding. In lieu of a bond, the Department may accept a cashier’s check, official bank check, or money order. An original cashier’s check, official bank check, or money order must be posted in the same fashion as a protest bond.

FAILURE TO TIMELY POST A BOND OR OTHER SECURITY REQUIRED BY LAW WILL

CONSTITUTE A WAIVER OF PROCEEDINGS UNDER CHAPTER 120, FLORIDA

STATUTES.

Filing a Protest A formal written protest is “filed” when actually received by the Department’s Agency Clerk.

Filing of a formal written protest may be achieved by hand-delivery, courier, mail, facsimile, or email. Actual delivery by the deadline is the sole responsibility of the protestor, and the risk of non-receipt or delayed receipt shall be borne exclusively by the protestor.

A protest bond must be posted together with the formal written protest. A protest bond is “posted” when the original bond is physically tendered to the Agency Clerk. Bonds (and for cashier’s checks, official bank checks, or money orders) cannot be posted by facsimile, email, or other transmission that does not result in the original being physically tendered to the Department. Actual posting of a bond by the deadline is the sole responsibility of the protestor, and the risk of non-receipt or delayed receipt shall be borne exclusively by the protestor.

FAILURE TO FILE A PROTEST WITHIN THE TIME PRESCRIBED IN SUBSECTION

120.57(3), FLORIDA STATUTES (as altered by subsection 110.123(3)(d)4, Florida Statutes), OR FAILURE TO POST THE BOND OR OTHER SECURITY REQUIRED BY

LAW WITHIN THE TIME ALLOWED FOR FILING A BOND SHALL CONSTITUTE A

WAIVER OF PROCEEDINGS UNDER CHAPTER 120, FLORIDA STATUTES.

3. ITN section 3.5, How To Submit a Reply:

3.5.1. One (1) unredacted, bound hard copy of the entire Reply (containing Tabs 1 2, 3, 4, and 5).

4. ITN Table of Contents:

Attachment H2 – Data Use Agreement is added as an attachment.

5. ITN Section 1.10 Notice of Intent to Submit a Reply and Data Use Agreement.

The final paragraph is deleted and replaced in its entirety :

If a Vendor intends to submit a Reply which includes a Pharmacy Carve-In option and deems it necessary for its pharmacy provider to have access to Attachment I – Census File, Attachment J – Scrubbed Claims Data, and HMO_Attachment J – Rx Claims Data_09.07.2022 to assist in preparation of its Reply, then the Vendor’s pharmacy provider shall first submit to the Procurement Officer a fully executed Attachment H2 – Data Use

ITN No.: DMS-22/23-072 Addendum No. 1 Page 4 of 5

Agreement before said pharmacy provider, identified therein as Pharmacy, may be granted access by the Department to the information contained in Attachment I – Census File, Attachment J – Scrubbed Claims Data and/or HMO_Attachment J – Rx Claims Data_09.07.2022.

The fully completed copy of Attachment H2 – Data Use Agreement must be submitted to the Procurement Officer by email at DMS.Purchasing@dms.fl.gov, by the time and date indicated in section 1.9, Timeline of Events. The Department will not accept any modifications to this form.

A Vendor and Vendor’s pharmacy provider that submitted a fully executed Data Use Agreement and received the Attachment I – Census File, Attachment J – Scrubbed Claims Data and HMO_Attachment J – Rx Claims Data_09.07.2022 shall destroy the Attachment I – Census File, Attachment J – Scrubbed Claims Data, and HMO_Attachment J – Rx Claims Data_09.07.2022 received from the Procurement Officer, including any copies, by the time Replies are due if the Vendor failed to submit a Reply to the ITN. At that time, the Vendor and Vendor’s pharmacy provider shall provide to the Procurement Officer a complete Access List and a certification that the Vendor and Vendor’s pharmacy provider have complied with this destruction requirement on or before the due date of Replies. The Vendor shall ensure the Vendor’s pharmacy provider’s compliance.

6. ITN Form 5b – Mandatory Responsiveness Requirements – Pharmacy is hereby replaced in its entirety with Revised Form 5b – Mandatory Responsiveness Requirements, attached hereto. All references to Form 5b – Mandatory Responsiveness Requirements or 5b contained in ITN No. DMS-22/23-072 are hereby amended to refer to Revised Form 5b – Mandatory Responsiveness Requirements.

7. ITN Form 6b – Minimum Qualification – Pharmacy is hereby replaced in its entirety with

Revised Form 6b – Minimum Qualification – Pharmacy, attached hereto. All references to Form 6b – Minimum Qualification – Pharmacy or 6b contained in ITN No. DMS-22/23-072 are hereby amended to refer to Revised Form 6b – Minimum Qualification – Pharmacy.

8. Attachment A – Administrative Requirements is hereby replaced in its entirety with Revised Attachment A – Administrative Requirements, attached hereto. All references to Attachment A – Administrative Requirements contained in ITN No. DMS-22/23-072 are hereby amended to refer to Revised Attachment A – Administrative Requirements

9. Attachment B - Technical is hereby replaced in its entirety with Revised Attachment B -

Technical, attached hereto. All references to Attachment B – Technical contained in ITN No.

DMS-22/23-072 are hereby amended to refer to Revised Attachment B -Technical.

10. Attachment D – Cost is hereby replaced in its entirety with Revised Attachment D – Cost, attached hereto. All references to Attachment D – Cost contained in ITN No. DMS-22/23-072 are hereby amended to refer to Revised Attachment D – Cost.

11. Attachment E – Draft Contract is hereby replaced in its entirety with Revised Attachment E –

Draft Contract, attached hereto. All references to Attachment E – Draft Contract contained in ITN No. DMS-22/23-072 are hereby amended to refer to Revised Attachment E – Draft Contract.

12. The original Attachment J – Scrubbed Claims Data is supplemented with HMO_Attachment J

– Rx Claims Data_09.07.2022 which includes an updated pharmacy claims file that now

ITN No.: DMS-22/23-072 Addendum No. 1 Page 5 of 5 includes a column to show Regions. HMO_Attachment J – Rx Claims Data_09.07.2022 includes but does not add to any health information included in Attachment J – Scrubbed Claims Data. Any health information in HMO_Attachment J – Rx Claims Data_09.07.2022 therefore remains subject to the terms in Vendor’s Attachment H: Data Use Agreement.

Vendors who previously timely submitted an Attachment H: Data Use Agreement to the Procurement Officer will be sent a OneDrive link from the Procurement Officer to download HMO_Attachment J – Rx Claims Data_09.07.2022.

Enclosures:

Questions and Answers Exhibit Revised Form 5b – Mandatory Responsiveness Requirements Revised Form 6b – Minimum Qualification – Pharmacy Revised Attachment A – Administrative Requirements Revised Attachment B – Technical Revised Attachment D – Cost Revised Attachment E – Draft Contract Attachment H2 – Data Use Agreement

FAILURE TO FILE A PROTEST WITHIN THE TIME PRESCRIBED IN SECTION 120.57(3),

FLORIDA STATUTES (as altered by section 110.123(3)(d)4, F.S.), OR FAILURE TO POST

THE BOND OR OTHER SECURITY REQUIRED BY LAW WITHIN THE TIME ALLOWED FOR

FILING A BOND SHALL CONSTITUTE A WAIVER OF PROCEEDINGS UNDER CHAPTER

120, FLORIDA STATUTES.

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

The Procurement Officer should be copied in such filings.

Please Note: This addendum does not need to be returned with the reply.

THIS SPACE INTENTIONALLY LEFT BLANK.

mailto:agencyclerk@dms.fl.gov