DOH24-002 ITB Addendum 2 Final.pdf

Mission:

To protect, promote and improve the health of all people in Florida through integrated state, county and community efforts.

Ron DeSantis Governor

Joseph A. Ladapo, MD, PhD

State Surgeon General

Vision: To be the Healthiest State in the Nation

Florida Department of Health Division of Administration • Bureau of General Services 4052 Bald Cypress Way, Bin B-07 • Tallahassee, FL 32399

PHONE: 850-245-4199

FloridaHealth.gov

Accredited Health Department Public Health Accreditation Board

Addendum 2 Questions and Answers

ITB DOH24-002

WIC MILK and SOY-BASED FORMULA REBATE

DATE: 04/23/2025

TO: Prospective Vendors

FROM: Summer Lindsley, Procurement Officer

Central Purchasing Office

SUBJECT: Addendum 2

The purpose of this addendum is to modify the solicitation, and to answer questions received in accordance with Section 2.8, Questions, of the ITB. This addendum serves as notice of the following change(s):

Deletions are indicated by “strikethrough” or reference. Additions, updates or replacements are indicated by highlighting.

A. Modifications: The following modifications are made to the ITB:

1. Page 10 and 11, Section 2.10, Identical Scoring Outcomes is deleted in its entirety and replaced with the following Revised Identical Scoring Outcomes:

In the event the Department’s evaluation results in identical scoring outcomes between two or more Respondents, the Department will provide the Identical Tie Certification, Attachment F, form for the affected Respondents to complete.

In the event the Department is unable to select a Respondent using the Tie Breaker Criteria specified in Attachment F, the affected Respondent(s) name will be placed in a container for the Department’s Procurement Officer to randomly select the awardee of this solicitation.

The date, time, and location will be posted on VIP.

2. Page 11, Section 2.14 Contract Formation is deteled its entirety and replaced with the following Revised Contract Formation:

The Department will enter into a Contract with the awarded Provider pursuant to Section 2.9, Basis of Award. The Contract will include the terms of this solicitation, including any addendums, Attachment A-Scope of Services, the PUR1000-General Contract Conditions, the Provider’s Attachment B-WIC Infant Formula Rebate Bid Price Sheet, and include a signature block for the Department and the Provider to sign.

4052 Bald Cypress Way, Bin B-07 • Tallahassee, FL 32399

3. Page 13, Section 3.5, WIC Infant Formula Rebate Bid-Price Sheet (Mandatory

Requirement):

Respondents must fill out the Bid Price Sheet (Attachment B), as indicated, and return it with their Bid. Complete Attachment B as described in Exhibit 1, Price Sheet Instructions.

Page One and Two are The Bid-Price Sheet is to be used as follows:

3.5.1 Page One of the Bid Price Sheet: Complete, sign, and submit this page as specified.

The net cost to the Florida WIC Program for each product physical form and the percent rebate for each product physical form will be calculated automatically.

3.5.2 Page Two of the Bid Price Sheet: Upon completion, it automatically calculates the total monthly units by multiplying the number of reconstituted ounces of each physical form issued by the estimated number of infants either partially breastfed or fully infant formula fed, in each age category (0 – 3 months, 4 – 5 months and 6 – 11 months) to determine the total estimated monthly units to be purchased. The number for partially breastfed indicates partially (mostly) breastfed infants. The number for fully infant formula fed includes fully formula fed infants and partially (minimally) breastfed infants. The net cost for each product unit will be multiplied by the total estimated monthly units to determine the total monthly net cost. The unit prices to be used in these calculations must be the lowest national wholesale full truckload price per unit for each physical form of infant formula at the time of the bid opening. The sum of the total net cost of each product bid will be totaled to determine the total net cost per month for each respondent. The contract will be awarded to the Responsive, Responsible Respondent offering the rebates that yield the lowest projected monthly costs for milk and soy-based infant formula.

4. Page 15, Section 3.9, Responsive and Responsible (Mandatory Requirements):

3.9.6 Identical Tie Bids (Attachment F) must be completed as specified in Section 2.10.

5. Page 16, Section 4.1 PUR 1000, General Contract Conditions

The PUR 1000 is incorporated by reference in this ITB and contains general Contract terms and conditions that will apply to any Contract resulting from this ITB, to the extent they are not otherwise modified. This document should not be returned with the Bid. The PUR 1000 is located at http://dms.myflorida.com/content/download/2933/11777.

The terms of this solicitation will control over any conflicting terms of the PUR1000.

Paragraph 31 of PUR 1000 does NOT apply to this solicitation or any resulting contract.

6. Page 21, Attachment A, Section 4.b http://dms.myflorida.com/content/download/2933/11777

4052 Bald Cypress Way, Bin B-07 • Tallahassee, FL 32399

Provide the Department a minimum of four month’s 90 calendar days advance notice in the event that any changes are planned in labels, container sizes, or formulation of infant formulas to allow Department staff to make any necessary changes on EBT food packages and educational materials, and to inform participants of such changes prior to them taking place.

7. Page 23, Attachment A, Section 11.c

Installment payments. Remit to the Department the rebate amounts in the manner prescribed in the Contract. Presently, the Department receives approximately $120 million annually in infant formula rebates for both milk and soy, approximately $115 million for milk and soy-based formula and $5.7 million for soy-based formula. To comply with the requirements of U.S. Treasury Circular 1075 and the Cash Management Improvement Act (as amended), the Department desires to receive rebate payments in installments. Each month, the due date of the first installment will be the fifth day of the month immediately following the month to which the rebate pertains. The second installment payment will be due on the nineteenth day of the month immediately following the month to which the rebate pertains. The sum of the two installment payments will be $7,000,000. Each of these two installment payments will equal $3,500,000. The Department will bill the Provider for each month’s remaining rebate balance on a final bill after receipt of actual redemption data of infant formula purchases during the month from the Department’s data system. The due date of payment for this balance or reconciliation invoice will be 30 days after receipt of data system reports and submission of the invoice to the Provider by the department. If any due date occurs on a Saturday, Sunday, or legal holiday, the rebate payment will be due on the last Business Day preceding the regularly scheduled due date. See below table for example of due dates determination.

8. Page 24-25, Attachment A, Section 11.f is deleted in its entirety.

9. Page 28, Exhibit 1, Section 3:

Page Two of the The Bid Sheet provides data on the number of infants (rounded figure) who received various physical forms of infant formula during this period. The number for partially breastfed indicates partially (mostly) breastfed infants. The number for fully infant formula fed includes fully formula fed infants and partially (minimally) breastfed infants. Data provided as part of this ITB does not necessarily reflect the actual number of infants to be served or the amount of infant formula to be purchased under the new contract.

10. Page 28-29, Exhibit 1, Section 6:

The Respondent must provide a rebate bid per unit for each physical form 9e.g, (concentrated liquid, powdered, and ready-to-feed) of the primary milk- and soy-based infant

4052 Bald Cypress Way, Bin B-07 • Tallahassee, FL 32399 formula specified in Attachment B, WIC Infant Formula Bid Price Sheet and a rebate on any other milk and soy-based infant formula in the Provider’s infant formula product line (excluding exempt formulas) that the department chooses to issue. Rebate calculations for all other contract infant formula (including new and existing infant formula) shall yield the same percentage discount as the corresponding physical form of the primary contract infant formula for which bids were solicited. That is, the discount established at the beginning of the contract (by physical form), will be used to calculate the rebate for infant formula added to the contract subsequent to the initiation of the contract. The rebate will be calculated using the full-truckload wholesale price of the infant formula at the time the infant formula is approved for issuance by the department. If the primary contract infant formula is discontinued, the successful provider agrees to provide a rebate that yields the same net cost percentage discount per ounce for the replacement primary contract brand infant formula.

11. Attachment F is deleted in its entirety and replaced with the Revised Attachment F attached herein with Addendum 2.

12. Attachment K is deleted in its entirety and replaced with the Revised Attachment K attached

13. Attachment M is deleted in its entirety and replaced with the Revised Attachment M attached

REVISED ATTACHMENT F

IDENTICAL TIE CERTICATION FORM

Respondent Name: ___________________________________________________________

Respondent Mailing Address: __________________________________________________

City-State-Zip: _______________________________________________________________

Telephone Number: __________________________________________________________

Email Address: ______________________________________________________________

Federal Employer Identification Number (FEID): ___________________________________

Chapter 287, Florida Statutes, provide Respondents the advantage of “tie breakers” whenever two or more bids, proposal, or replies received by an agency are equal with respect to price, quality, and service.

For a Respondent to take advantage of the below “tie breakers,” it must meet the statutory qualifications for one or more of these provisions and certify that it qualifies for the cited preference.

If the Department discovers that any information on this form is false after the award to the Respondent is made, the Department reserves the right to terminate the Contract and hold the awarded Respondent liable for costs associated with re-procuring the services. The Respondent certifies that below preferences apply:

Yes No Applicable Certification

Certified Minority Business Enterprise: This Bid is from a certified minority-owned fir company in accordance with sections 287.057(11) and 287.0943, Florida Statutes.

Certified Veteran Business Enterprise: This Bid is from a certified veteran business enterprise in accordance with section 295.187, Florida Statutes.

Drug Free Workplace: This Bid is from a Respondent that currently maintains a drug-fr workplace environment in accordance with section 287.087, Florida Statutes.

Foreign Manufacturer (This preference only applies to State procurements of commodities): This Bid is from a foreign manufacturer with a factory in Florida employin over 200 employees in the State in accordance with section 287.092, Florida Statutes.

Preference to Florida Business (This preference only applies to State procuremen personal property:

This Bid is from a vendor who meets the requirements of section 287.084, Florida Statut

This Bid is from a Respondent that is not eligible for any of the above preferences.

Additional Tie Breaker Criteria: If more than one Respondent is entitled to the certified veteran business enterprise preference specified in section 295.187, Florida Statutes or another preference identified above that is applicable to this solicitation, the affected Respondent(s) name will be place in a container for the Department’s Procurement Officer to randomly select the awardee of this solicitation.

The date, time, and location will be posted on VIP.

As the person authorized to sign this statement on behalf of the Respondent, I certify that this Bid complies fully with the above requirements.

Signature of Authorized Representative*: ________________________________________

REVISED ATTACHMENT F

IDENTICAL TIE CERTICATION FORM

Printed (Typed) Name and Title: ________________________________________________

*An authorized representative is an officer of the Respondent’s organization who has legal authority to bind the organization to the provisions of the Proposal, Reply or Bids. This usually is the President, Chairman of the Board, or owner of the entity. A document establishing delegated authority must be included with the Proposal, Reply or Bid, if signed by someone other than the President, Chairman or owner.

REVISED ATTACHMENT K

Examples of Rebate Invoices

Examples of actual rebate invoices for the months of July 2024 through January 2025.

Revised Attachment M List of Six Month Average of Infant Formula Redeemed

For the period of July 2024 - December 2024

Type

Feeding Method

Physical Form

Contract

Quantity (# of Cans)

# of Infants Age 0-3

# of Infants Age 4-5

# of Infants Age 6-11

Milk *Mostly Breastfeeding Powdered No 351 27 16 44 Milk *Mostly Breastfeeding Powdered Yes 84 8 3 11 Milk *Mostly Breastfeeding Concentrate Yes 180 3 3 9 Milk *Mostly Breastfeeding Ready to Feed No 14 0 0 1 Milk *Mostly Breastfeeding Ready to Feed Yes 197 7 4 7 Milk *Minimally Breastfeeding Powdered No 940 98 53 95 Milk *Minimally Breastfeeding Powdered Yes 241 22 12 25 Milk *Minimally Breastfeeding Concentrate Yes 431 12 7 16 Milk *Minimally Breastfeeding Ready to Feed No 116 4 2 5 Milk *Minimally Breastfeeding Ready to Feed Yes 831 30 19 27 Milk Fully Formula Powdered No 5,819 146 122 465 Milk Fully Formula Powdered Yes 2,429 54 51 205 Milk Fully Formula Concentrate Yes 1,887 16 9 45 Milk Fully Formula Ready to Feed No 515 4 5 15 Milk Fully Formula Ready to Feed Yes 2,882 32 19 76 Milk/Soy *Mostly Breastfeeding Powdered Yes 39,781 4,123 1,717 4,301 Milk/Soy *Minimally Breastfeeding Powdered Yes 62,601 7,343 3,116 5,906 Milk/Soy Fully Formula Powdered Yes 321,950 9,525 6,120 25,003 Soy *Mostly Breastfeeding Powdered No 17 1 1 3 Soy *Mostly Breastfeeding Powdered Yes 24 2 1 3 Soy *Mostly Breastfeeding Concentrate Yes 30 1 1 1 Soy *Minimally Breastfeeding Powdered No 61 3 4 8 Soy *Minimally Breastfeeding Powdered Yes 40 3 2 6 Soy *Minimally Breastfeeding Concentrate Yes 29 1 0 1 Soy *Minimally Breastfeeding Ready to Feed No 10 0 0 1 Soy *Minimally Breastfeeding Ready to Feed Yes 2 0 0 0 Soy Fully Formula Powdered No 658 13 12 59 Soy Fully Formula Powdered Yes 565 14 11 47 Soy Fully Formula Concentrate Yes 139 2 1 3 Soy Fully Formula Ready to Feed No 33 1 0 1 Soy Fully Formula Ready to Feed Yes 196 0 1 8 Exempt ***Mostly Breastfeeding Powdered No 2,928 264 124 253 Exempt ***Mostly Breastfeeding Concentrate No 8 0 0 1 Exempt ***Mostly Breastfeeding Ready to Feed No 341 11 5 15 Exempt ***Minimally Breastfeeding Powdered No 8,210 815 386 595 Exempt ***Minimally Breastfeeding Ready to Feed No 1,713 64 37 63 Exempt ***Fully Formula Powdered No 56,996 1,537 1,169 3,600 Exempt ***Fully Formula Concentrate No 80 1 0 1 Exempt ***Fully Formula Ready to Feed No 10,918 83 86 317 Nutritionals ***Minimally Breastfeeding Ready to Feed No 1 0 0 0 Nutritionals ***Fully Formula Ready to Feed No 7 0 0 1

Total Infants Receiving Formula By EBT: 78,624

* Mostly Breastfeeding Feeding Method used to calculate PBF on Bid Price Sheet.

** Mimimally Breastfeeding Method is included with the Fully Formula Feeding Method to calculate FF on Bid Price

Sheet.

*** Exempt and Nutritionals not included in calculations on Bid Price Sheet.

Note: The above data only includes infants who received formula by EBT. It does not include children. It does not include the montly average of 1,540 infants who received formula only through direct distribution. The State does not require rebates for Direct Distribution formula. The data does not include the monthly average of 302 infants who are Partially Breastfed or Fully Formula Fed that did not recieve formula.

4052 Bald Cypress Way, Bin B-07 • Tallahassee, FL 32399

B. Responses to Questions received pursuant to Section 2.8, Questions: Please see the

Department’s response to questions received by the due date outlined in Section 2.5. Timeline, of the ITB, below:

Questions and Answers

# Question Answer

ITB, Title Page - Please confirm a certificate of the Secretary or Assistant Secretary of the bidder, certifying that the person signing the bid and contract is duly authorized to sign WIC bids and contracts on behalf of the bidder, would be sufficient for this form.

Yes, that would be sufficient as long as the signer has the ability to bind the Respondent

ITB, Section 1.2, page 4 – Within this section, please confirm that any reference to “as allowed under any applicable waivers” is referring to any USDA approved waivers.

Yes, it is referring to any USDA approved waivers.

ITB, Section 2.3, page 8 – This section mentions a three-month transition period. Please describe in detail the State’s transition plan.

Formula issued prior to February 1, 2026 will be invoiced based on the current contracts. Formula issued February 1, 2026 and after will be invoiced based on the contract from this procurement.

Please confirm that if a participant comes to a clinic in January to receive three months of infant formula benefits, they will receive January benefits for the current contract holder’s formula and February and March’s infant formula benefits for the new contract holder’s formula.

Yes. An infant who is assigned the All Contract Powder Formula package is eligible to receive 1-3 months of EBT issuance. If that issuance period spans before and after the date of the contract’s execution, the client will be able to redeem the prior contract’s UPCs before the effective date, and the current contract’s UPCs on the effective date. This is possible because that food package is a “bucket” in which Florida can add or remove UPCs in a separate process, independent of issuance periods.

Clients will not need food package changes or re-issuances to ensure that they are getting the appropriate contract formula.

Please provide the percentage of State infants that are issued benefits 3 months at a time, 2 months at a time and 1 month at a time.

1 month – estimated 6.03% 2 months – estimated 14.64% 3 months – estimated 79.3%

ITB, Section 2.4, page 8 Contracts with mutual extension options can be more attractive to potential bidders. Please consider changing this section to make the extension options subject to mutual agreement.

No. The Department will not consider allowing extensions based on mutual agreements.

In accordance with the PUR 1000 term requirements, please confirm that the total contract period with renewals will not extend beyond 6 years.

See Section 2.4, Renewal.

ITB, Section 2.5, page 9 We appreciate the State’s willingness to respond to the bidders’ written questions and inquiries. Timing between answers and bid submission is important and necessary to allow bidders enough time to prepare a bid proposal that is responsive and reflective of the responses provided by the State. Because of the amount of analysis and approvals required for a contract of this size, please confirm the State will allow 10 business days between the day responses to questions are published and the bid due/opening date.

The current timeline allows for 16 business days between Answers being posted and Bids being due.

If answers are not provided 10 business days prior to the scheduled bid due date, please revise the bid due date to be 10 business days after answers are posted.

An addendum revising the solicitation timeline will be posted if there are any delays in posting the Department’s Answers to Questions.

Please provide a call-in number where bidders can call in to listen to the public bid opening in the event they are unable to attend in person.

A call-in number will not be provided. The bid opening is an in-person public meeting.

Please provide additional details as to the room location at 4052 Bald Cypress Way for the bid opening.

Vendors attending the bid opening must arrive in the lobby of 4052 Bald Cypress Way before the scheduled bid opening time and a DOH employee will escort them to the conference room for the bid opening.

If a manufacturer elects to hand-deliver a bid, please provide the location for a hand-delivery and the hours open for delivery.

The address is listed in Section 2.5, Timeline. Lobby hours are Monday through Friday, 8:00AM to 5:00PM.

Bids must be received prior to the date and time listed in Section 2.5, Timeline.

Please describe the method for securing the sealed bids between the bid due time and the bid opening time.

Bids are kept in a locked room until the specified bid opening date and time.

Please confirm that manufacturer name, product name, unit size, reconstituted ounces per unit, lowest wholesale full truckload price per unit, rebate bid per unit, net cost per unit, percent rebate, total cost, and total monthly price will be read aloud for each respective bidder during the public opening.

The Bid Price Sheet will be read aloud.

ITB, Section 2.9, page 10 - Please confirm all bidders will be notified of the award via email. If not confirmed, please advise how all bidders will be notified of the award.

The Department’s Intent to Award will be posted to the Vendor Information Portal (VIP), per Section 2.5, Timeline.

ITB, Section 2.10, page 10 & 11 The Additional Tie Breaker Criteria on Attachment F includes a requirement to certify “net worth.” If a respondent is not entitled to the certified veteran business enterprise certification, please confirm that the blank can be filled in with “N/A.”

See Addendum 2, Section A. Modifications.

If not confirmed, please remove the Additional Tie Breaker Criteria since no potential bidders are certified veteran business enterprises and on this basis this provision was removed from the last procurement in 2019 and the form was revised to remove the reference to this “Additional Tie Breaker Criteria.”

See Answer to Question 16.

If not removed, please indicate why the Department contends that is applicable in this procurement but was not in 2019.

See Answer to Question 16.

If not removed, please state how “net worth” is to be calculated since Florida Stat. 295.187 does not provide how “net worth” is to be calculated and it is important for all potential bidders to have the same understanding of how this number is to be calculated and certified.

See Answer to Question 16.

Please confirm, if the Identical Tie Certification Form is required to be completed and returned with a bid proposal or if it is only required to be completed if the outcome of the bid is a tie.

See Addendum 2, Section A, Modifications.

In the event of a tie bid, the Department will provide the Identicial Tie Certification form (Attachment F) for the affected Respondents to complete.

ITB, Section 2.14, page 11 - Please revise this section to read as follows as it was revised to read in the 2019 procurement: The Department will enter into a Contract with the awarded Provider pursuant to Section 2.9, Basis of Award.

The Contract will include the terms of this solicitation, including any addendums, Attachment A-Scope of Services, the PUR1000-General Contract Conditions, the Provider’s Attachment B-WIC Infant Formula Rebate Bid Price Sheet, and include a signature block for the Department and the Provider to sign.

See Addendum 2, Section A, Modifications.

If not revised, please identify which portions of the solicitation and addendums will not be included in the Contract and why?

See section 2.14, Contract Formation.

Please confirm that any responses to questions will also be incorporated All questions and answers will be incorporated via an addendum to the solicitation.

ITB, Section 3.5, page 13 – Please revise this section since it was confirmed at the pre-bid conference there is no page two to the Bid-Price Sheet.

See Addendum 2, Section A, Modifications.

ITB, Section 3.9, page 15. Please confirm that this section references all documents that are required for a bid proposal to be considered responsive, and no additional documentation is required.

Confirmed.

Please confirm that if addendums change submission requirements, a complete checklist will be provided including all amended required submission documents.

Addena will be posted on VIP per Section 2.6. It is the responsibility of the Respondent to be aware of addenda that may affect this ITB or their Bid. A checklist will not be provided.

ITB, Section 3.9.8, page 15 – Please remove Attachment H as a requirement, as it is not applicable to a rebate contract.

The Department cannot remove this requirement..

ITB, Section 3.9.11, page 15 - Please advise if the bidder's entire price list is required or just the products that are bid.

Just the products that are bid.

ITB, Section 3.11, page 15 – In alignment with response provided in the pre-bid conference, please confirm a signature on the Title page and/or Bid-Price Sheet sufficient to certify compliance with the provisions requested in this section.

Yes, that will be sufficient.

ITB, Section 4.1, page 16 – The current version of PUR 1000 does not have a paragraph 31 identified. Can you provide clarity as what specific language of the current version is not applicable to this solicitation?

See Addenum 2, Section A, Modifications.

ITB, Section 4.18, page 19 - In the event of a protest, please confirm that all bidders will be made aware via email.

In the event of a protest, a Notice of Stay will be posted to

VIP.

Attachment A, Section A.4.b, page 21 - Changes detailed in this section can be confidential and might be considered trade secrets. It would be a disadvantage to the contractor to provide this information 120 calendar days prior to a change.

See Addendum 2, Section A, Modifications. This requirement has been modified to 90 calendar days.

Please revise the time period for advance notification from 120 days to 90 days, or the same time notification is provided to the Contractor's customers.

See Answer to Question 32.

If not revised, please describe the procedure the State will follow to ensure they keep trade secrets confidential.

See the Answer to Question 32.

If not revised, please confirm that the notification is for the primary infant formula brand only.

The Department would require notice of all items on the contract.

If not confirmed, please confirm that notifications are only required for contract brand infant formulas as these are the only products that will be covered by this contract.

See Answer to Question 35.

Attachment A, Section A.8, page 22 - Please confirm that the State would substitute an appropriate alternate brand of the Contractor’s product line prior to issuing a non-contract brand. If not confirmed, please list all of the reasons why the state will not substitute an appropriate alternate brand of the contracted infant formula prior to issuing a non-contract brand.

An “alternate brand of the contractor’s product line” that is not included on the contract is equivalent to a non-contract formula, policy wise. Per 7 CFR 246.2, “Non-contract brand infant formula” is all infant formula, including exempt infant formula, that is not covered by an infant formula cost containment contract awarded by that State agency. The Department’s policy requires issuance of a contract product unless the infant is medically fragile with a qualifying documented request for a specific non-contract (which may include an alternate brand on the contractor's line) or other medical formula. The Department is not authorized to assign any non-contract formula (including alternate brands on the contrator's line) without a medical request. If a contract formula is unavailable due to supply problems, the client will first be offered other contract formulas that are available. Any other products will be subject to the Department’s non-contract policies or would require special USDA waivers to allow issuance.

Attachment A, Section A.9, page 22 Please confirm there is no change in process to how the state is currently handling billing for infant formula returns.

There is no change.

If not confirmed, please explain why the State is changing from the existing billing practice related to returns.

See Answer to Question 38.

Attachment A, Section A.10, page 23 – In alignment with response provided in the pre-bid conference, please confirm that this extension clause is upon mutual consent.

See Answer to Question 6.

41 Please identify a maximum length of time for this extension option. See Answer to Question 7.

Attachment A, Section A.11.f, page 24 – This section needs to be updated since this is no longer a split bid for milk/soy.

See Addendum 2, Section A. Modifications.

Exhibit 1, Section 3, page 28 Please amend this section since there is no page 2 included with the bid sheet

See Addendum 2, Section A. Modifications.

Please confirm what months of data was used for the number of infants on the bid sheet.

July 2024 through December 2024.

For infants categorized as mostly breastfeeding, please provide the AVERAGE infant formula allotment by baby age.

Ranges below represent the default quantity that displays when food packages are assigned, which are equivalent to the maximum amount that can be assigned. Amounts are tailored for every infant depending on their breastfeeding status; therefore, less may be assigned at times. (1 'can' represents approximately 90 reconstituted ounces.)

1 month: 1 can 1-3 months: 4 cans 4-5 months: 5 cans 6-11 months: 4 cans

For infants categorized as some breastfeeding, please provide the AVERAGE infant formula allotment by baby age.

Ranges below represent the default quantity that displays when food packages are assigned up to the maximum amount that can be assigned. Amounts are tailored for every infant depending on their breastfeeding status.

0 month: 2-9 cans 1-3 months: 6-9 cans 4-5 months: 6-10 cans 6-11 months: 5-7 cans

Exhibit 1, Section 6, page 28 & 29 Within the first sentence of this section there is a reference “9e.g.” after physical form. Can you address what this is referencing or remove this if it was entered in error?

See Addendum 2, Section A, Modifications.

Please revise the last sentence to “….yields the same percentage discount for the replacement primary contract brand infant formula”.

See Addendum 2, Section A, Modifications.

Attachment M, page 58 Please provide the percentage of infant formula EBT benefits that were issued to participants but never redeemed for the most recent year for which the data is available.

This information is not available.

Please confirm a manufacturer is not billed for rebates for infant formula issued to children.

Not confirmed. The Manufacturer will be billed for infant formula issued to children.

If not confirmed, please provide the monthly average number of children receiving infant formula.

Approximately 450 children or 0.001% of WIC participation caseload.

PUR 1000, Section 8.e, page 14 of 20 – Please confirm the insurance requirements detailed here are not applicable to an infant formula rebate contract in which the contractor is paying the state.

Respondent is expected to maintain insurance coverage as necessary to protect the Respondant from all liability and damage claims result from Provider’s performance under this contract.

If not confirmed, please detail why the State would require insurance for an infant formula rebate contract.

Respondent is expected to maintain insurance coverage as necessary to protect the Respondant from all liability and damage claims result from Provider’s performance under this contract.

PUR 1000, Section 12, page 20 of 20 – Please confirm this rebate contract will not be extended to any entities other than WIC agencies.

It will not be extended to entities other than WIC agencies.

Please indicate what percentage of infants that are enrolled in the WIC program were enrolled with incomes higher than 185% of the Federal poverty level.

This information is not available.

Please indicate what percentage of infants that are enrolled in the WIC program were enrolled via adjunctive eligibility (i.e., they demonstrated active participation in SNAP, TANF, Medicaid or CHIP).

Approximately 75%.

What are the top five (5) WIC retailers measured by the percentage of WIC food volume (i.e., redeemed food benefits).

We are prohibited from disclosing confidential individual vendor information per 7 CFR 246.26(e).

Does the State authorize vendors doing more than 50% of their sales via the WIC program? If allowed how many WIC‐only (above 50% vendors) are currently authorized and what percent of the total redemptions flow through these vendors?

Yes. 28 vendors. The percent of total redemptions is not available.

Please confirm the following: The Contractor will not be required to pay rebates on quantities of infant formula purchased by participants in excess of the federal monthly maximums.

The state issues up to the the maximum amount of formula allowed by federal regulations. If the infant is not able to tolerate the formula and unused cans of the formula are returned, the state will replace, within the benefit period, the equivalent number of cans (based on reconstituted amount within the maximum allowance) of the new formula. The provider will be required to pay rebates on all contract formula redeemed.

If rebates for quantities in excess of the federal monthly maximums are billed and rebated in error, the amounts associated with the excess redemptions will be reimbursed to the Contractor upon discovery.

See Attachment A, Section 11.l, Notification of the ITB.

Section 1.0, 1.2 Background, Page 3: Vendor Questions Please confirm authorized vendors are responsible for maintaining adequate stock of authorized infant formulas. The manufacturer is responsible for fulfilling orders from retailers through its established distribution network.

Confirmed.

Please confirm that in the event of a shortage of supplies, the State will first utilize a different physical form and then an alternate rebate eligible brand of the winning manufacturer’s product line prior to the issuance of non-contract non-exempt formulas produced by other manufacturers.

Alternate physical forms of the product will be offered first, understanding that ready-to-feed policies will need to be followed unless a waiver is requested and granted. An “alternate rebate eligible brand of products” may be considered if the situation calls for that flexibility and the appropriate USDA waivers are in place. For example, an alternate brand may come in a container size that would require a waiver to exceed the Maximum Monthly Allowance of infant formula. The Department will also consider the formulation of the product in short supply and assess which available products on the market are comparable when offering alternatives. This may include non-contract products.

Does the state perform compliance buys to confirm that WIC authorized retailers are only allowing the purchase of the formula listed on the Food Instrument? If the state is not currently performing these compliance buys, we urge the state to begin.

Yes, the State performs compliance buys.

How many vendors have been sanctioned over the course of the current contract for allowing the purchase of a formula not specified on the Food Instrument?

Zero.

Does the State authorize vendors doing more than 50% of their sales via the WIC program?

Yes.

Please provide what percentage of contracted formula is redeemed at over 50% vendors.

This information is not available.

Please provide the percentage of dollars reimbursed for the most recent four quarters to over 50% vendors (for rebated infant formula).

This information is not available.

Please provide a list of all over 50% vendors. We are prohibited from disclosing confidential individual vendor information per 7 CFR 246.26(e).

Please provide the WIC vendors’ minimum stocking requirements. Enfamil Infant - 12 12.5 oz. cans

Enfamil Gentlease - 6 12.4 oz. cans Similac Soy Isomil - 6 12.4 oz. cans

What are the top 5 retail chains within the State? We are prohibited from disclosing confidential individual vendor information per 7 CFR 246.26(e).

Section 1.0, 1.2 Background, Page 3: Does the State anticipate allowing the redemption of WIC Benefits online during the course of this contract? Please provide any additional details regarding the timing or execution of WIC Online.

Please confirm the State will work with the contracted manufacturer to assure contractual compliance with the addition of WIC Online.

Not determined at this time.

Section 1.0, 1.2 Background, Page 3: Please confirm the States will provide vendor redemption data to the Contractor when issues of fraud arise.

WIC regulations at 7 CFR 246.26(e) require WIC State agencies to restrict the use and disclosure of confidential vendor information to persons directly connected with the administration or enforcement of the WIC Program whom the State agency determines have a need to know the information for WIC Program purposes. USDA-FNS does not consider representatives from infant formula manufacturers to be persons directly connected with the administration or enforcement of the WIC Program.

Therefore, WIC State agencies must not disclose confidential applicant, participant, or vendor information to infant formula manufacturers.

Please confirm the States will work with the Contractor to provide such data in instances in which rebates have been paid for contracted products based on fraudulent transactions that involve infant formula.

See Answer to Question 72.

Please confirm the States agree to discuss with the Contractor appropriate means for addressing payment issues identified through manufacturer audits and/or fraud-related issues directly affecting the manufacturer.

Yes.

Please confirm the States will partner with the Contractor on recovery in instances where fraud has been discovered, and it has been further determined the manufacturer was overbilled for infant formula.

Yes.

How many vendors have been disqualified due to fraud issues in each of the last three years?

Zero.

Please confirm that there is no time limit on disputes arising from fraud or other illegal activity that prevents the Contractor from being able to identify the incorrect billing earlier. If not confirmed, please explain why such a time limit is appropriate.

Not confirmed.See Attachment A, section l.

Please explain the States’ processes to identify and curb fraud and how the state plans to secure the interests of its Contractor.

Annual Vendor Compliance Reviews are conducted for Florida WIC vendors. Vendors not meeting compliance requirements are monitored more frequently. State Office staff review social media for sales of WIC eligible foods and formula. Potential fraud cases are referred to the local agencies for follow-up with participants. The state office has a fraud hotline and receives fraud reports from various sources. The state conducts follow-up on each report.

Section 1.0, 1.2 Background, Page 3: What percentage of participants have incomes that exceed 185% of the federal poverty level?

See Answer to Question 55.

What percentage of infants are certified for participation in the program through their participation in other federal programs (i.e., SNAP, TANF or Medicaid)?

See Answer to Question 56.

Section 1.0, 1.2 Background, Page 3: Please provide the latest 6 months issuance by brand, size, and unit for all contract, exempt, and non-contract non-exempt infant formulas.

This information is not available.

Section 1.0, 1.5 Definitions, Page 5: Please define “Force Majeure” as: Such as but not limited to acts of God, fire, explosion, flood, drought, outbreaks of disease, epidemics, war, terrorism, riot, sabotage, embargo, or any event beyond such Contractor’s reasonable control.

Force Majeure is defined in PUR 1000, Section 5.n.

Section 2.0, 2.3 Term, Page 8: Should a contract transition occur, please provide detail as to how the State will manage the transition:

See Answer to Question 3.

Will participants entering the WIC clinic on January 15, 2026 receive benefits for January, February, March that include the existing manufacturer’s products? Or will the month of January only be for the current manufacturer’s contracted product?

See Answer to Question 4.

Please explain if the State issues benefits on a rolling basis or follows the calendar month.

Benefits are issued on a rolling basis based on the family’s benefit start date, or the day of the month that they first received benefits.

Please provide any additional details regarding the transition process if a different contract brand formula will be issued under the new contract.

See Answer to Question 4.

Section 2.0, 2.3 Term, Page 8: Will the State please confirm that the contract will be extended by mutual written consent?

See Answer to Question 6.

Section 2.0, 2.3 Term, Page 8: Please confirm the State and contractor can agree to renew for 1 year, 2 years, or 3 years.

See Answer to Question 6.

Section 2.0, 2.5 Timeline, Page 9: Will the States please provide a phone number for the contact Summer Lindsley to provide confirmation of bid receipt?

The Procurement Officer's contact information is listed in Section 2.1 of the ITB.

Section 2.0, 2.5 Timeline, Page 9: Please confirm the following elements will be read aloud at the bid opening: company name, product brand name, unit size, reconstituted ounces per unit, wholesale price per unit, rebate bid per unit, net cost per unit, percent rebate, and total monthly net cost.

Yes.

Section 2.0, 2.5 Timeline, Page 9: Please confirm the date, time, location and room number of the bid opening.

See Addendum 1 with the revised Section 2.5, Timeline for the Bid Opening information.

Section 2.0, 2.5 Timeline, Page 9: Please confirm the address (floor and room number) for hand delivery of bid submissions.

See Section 3.2.5 of the ITB.

Section 2.0, 2.5 Timeline, Page 9: Will awards be posted to the website?

Please provide the exact link to where the award will be posted.

See Answer to Question 15.

Section 2.0, 2.6 Addenda, Page 10: What document takes precedence if there is a discrepancy between what is reflected in the ITB, Addenda and Q&A responses?

The Questions and Answers will be issued via an addendum to the solicitation and will take precedence.

Section 2.0, 2.8 Questions, Page 10: Please confirm any clarifications/changes made to the Solicitation and answers to questions will be incorporated into the actual contract documents.

See answer to Question 23.

Section 2.0, 2.8 Questions, Page 10: As discussed during the pre-bid conference, please provide the current version of the PUR1001 document.

The link to the PUR1001 in the ITB document is the correct version of this document.

Section 2.0, 2.10 Identical Scoring Outcomes, Page 10: As this is a rebate contract, with federal regulations, the inclusion of Applicable Certifications (I.E.

Minority, Veteran owned business, etc.) is inappropriate. As discussed in the pre-bid conference, please strike Attachment F.

See Answer to Question 16.

In the unlikely event of a tie, please confirm “the affected respondent(s) name will be placed in a container for the Department’s Procurement Officer to randomly select the awardee of this solicitation”.

See Section 2.10, second paragraph.

Section 3.0, Page 12: Would the State consider providing a complete checklist of documents and information that must be submitted for a responsive bid?

See Section 3.9, Mandatory Requirements.

Section 3.0, Page 12: Please confirm all the pages of the bid document of that need to be notarized.

This is not a requirement in this ITB.

Section 3.0, Page 12: Please confirm a copy of the IFB is not required to be submitted as part of a bid response?

The Department does not clearly understand the question.

However, see Section 3.2, Instructions for Submittal and Section 3.9, Mandatory Requirements.

Section 3.4 Public Records and Trade Secrets, Page 13: Please provide details as to when all bids will be published and available via public records request.

See Section 119.071, Florida Statutes.

Section 3.5, WIC Infant Formula Rebate Bid-Price Sheet (Mandatory Requirement), Page 13: Please clarify, the bid sheet only appears to be 1 page.

See Addendum 2, Section A, Modifications.

Section 3.6 Prior Experience and Contract Dispute Reporting Form, Page 14:

Please confirm completion of Attachment C meets this requirement and that a written statement is not required if there are no contract disputes.

Marking the box “No” in Section B., Contract Disputes, of Attachment C, would be sufficient.

Section 3.0, 3.9.11, Page 15: Is the entire commercial wholesale price list to be included with the IFB or are the products being bid upon sufficient?

See Answer to Question 28.

Section 4.15 Purchase of Non-Contract Formula, Page 19: Please confirm that the State does not intend to change its policy over the length of the upcoming contract, in regard to issuance of milk or soy based non-contract infant formula (different brands).

If federal regulations change during the term of the resulting contract, the Department will be required to update its policies to comply with those changes.

107 Please provide the State’s Minimum Stocking Requirements. See Answer to Question 69.

Section 4.0, 4.18, Page 19: Please describe the pre-bid protest procedures and post-proposal due date protest procedures governing this RFP, including relevant time frames for submitting a protest.

See Section 4.18, Protests and section 120.57(3), F.S.

Please confirm all bidders will be notified in the event of a protest on this bid and how they will be notified.

See Answer to Question 31.

Attachment A, 3. Recall, Page 21, 8. Termination for Failure to Supply, page 22: If there is a supply disruption, please confirm that the State will first utilize a different physical form of the contracted product and then an alternate rebate eligible brand of the winning manufacturer’s product line, prior to the issuance of non-contract non-exempt formulas produced by other manufacturers.

Provided the contractor can provide sufficient quantities of available forms to support WIC demand, there should be no reason to issue non-contract brand formulas and ask the contracted manufacturer to provide a rebate.

Additionally, please confirm the only instances in which the State would seek a rebate on non-contract formula, is in the event of a formula shortage significantly affecting supply due to the contractor’s recall or as a result of the Contractor’s actions and not as a result of Force Majeure.

See Answer to Question 62.

Attachment A, 9. Infant Formula Returns, Page 22: Please explain the State’s policy on accepting returned formula from participants.

Clients may only be re-issued formula in amounts equivalent to the reconstituted fluid ounces of returned, unopened containers of formula that were issued to them by WIC for the current benefit month. This quantity may not exceed maximum monthly allowances.

Please confirm that if the State reissues formula (in the event of a return), that the contracted manufacturer will not pay rebates exceeding the federal maximum.

The state invoices up to the federal maximum monthly allowance of reconstituted fluid ounces per participant.

Example: Mom is issued 9 cans of Enfamil Infant powder and redeems all 9 cans. Mom returns 7 cans to the clinic and is issued a new benefit for 7 cans of Enfamil Gentlease powder. Is the State seeking rebates on 9 cans or 16 cans today?

9 cans.

If above is not confirmed, please detail by age of baby, form, and type how many units of formula are rebated above the federal maximum.

See Answer to Question 112.

Attachment A, 10. Extensions, Page 23: Please confirm this is a 1-time extension, for up to 120 days as allowed by the federal regulations and that this extension is separate/additional to the optional 3, 1-year renewals.

Confirmed.

Please confirm this is through the mutual written consent of the provider. See Answer to Question 6.

Attachment A, 11. Payment Requirements e. Late Payments, Page 24: If the thirtieth day falls on a Sunday or a banking holiday, please confirm payment made the following business day will not constitute a late payment or a penalizing the contractor. Many other WIC contracts have this provision.

Confirmed.

Attachment A, 11. Payment Requirements, i. Advance Payments, Page 25:

What is the basis of the inclusion of this provision in a rebate contract? It is not typical and seems burdensome for potential bidders.

See Addendum 2, Section A. Modifications.

Attachment A, 11. Payment Requirements, k. Disputes, Page 26: Please confirm that the contractor is permitted to withhold payment if the overbilling is not supported by the agreed upon invoice documentation to substantiate the invoice balance, and the amount in question significantly exceeds the average of the past 3 months of invoices submitted by the state (variance of greater than 100%).

No, we cannot make this change.

Attachment A, 11. Payment Requirements, l. Notification, Page 26: Will the State please confirm that this stipulation is a reciprocal right for the provider?

The State Agency will refund provider if it discovers dispute or error in a rebate invoice within 90 days of reciept of supporting data for the specified billing month.

Attachment A, 11. Payment Requirements, m. Errors, Page 26: Please also confirm that this is reciprocal in that any invoice that is deemed to be inaccurate by the provider, will be revised and resubmitted.

Yes.

Attachment B, Page 27: The total number infants on the bid sheet is in line with USDA data, however fully formula fed infants are overstated compared to USDA (50,017 vs 58,904) and partially breastfed infants are understated compared to USDA beyond the exclusion of exempt infants (29,960 vs 10,292).

See notes on the bottom of Revised Attachment M.

Please explain the discrepancy versus USDA, and/or amend the bid sheet to reclassify any minimally breastfed infants…