DOH24-002 ITB Final.pdf

TITLE PAGE

FLORIDA DEPARTMENT OF HEALTH

DOH24-002

INVITATION TO BID (ITB)

FOR

WIC MILK and SOY-BASED FORMULA REBATE

Respondent Name:

Respondent Mailing Address:

City, State, Zip:

Phone: Fax Number:

E-Mail Address:

Federal Employer Identification Number (FEID):

BY AFFIXING MY SIGNATURE ON THIS BID TITLE PAGE, I HEREBY STATE THAT I HAVE

READ THE ENTIRE ITB TERMS, CONDITIONS, PROVISIONS AND SPECIFICATIONS AND

ALL ITS ATTACHMENTS, INCLUDING THE REFERENCED PUR 1000 AND PUR 1001.

I hereby certify that my company, its employees, and its principals agree to abide to all of the terms, conditions, provisions and specifications during the competitive solicitation and any resulting Contract.

Signature of Authorized Representative:

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 this Bid. This usually is the President, Chairman of the Board, or owner of the entity.

Documentation establishing delegated authority must be included with the Bid if signed by someone other than the authorized representative.

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Invitation to Bid

TABLE OF CONTENTS

SECTION 1.0: Introductory Materials

SECTION 2.0: Procurement Process, Schedule, & Constraints

SECTION 3.0: Instructions for Bid Submittal

SECTION 4.0: Special Conditions

ATTACHMENT A: Scope of Services

ATTACHMENT B: WIC Infant Formula Rebate-Bid Price Sheet

EXHIBIT 1: Price Sheet Instructions

ATTACHMENT C: Prior Experience and Contract Dispute Reporting Form

ATTACHMENT D: Statement of Non-Collusion

ATTACHMENT E: Respondent Certification Regarding Scrutinized Companies List

ATTACHMENT F: Identical Tie Certification Form

ATTACHMENT G: Vendor Certification (PUR 7801)

ATTACHMENT H: Forced Labor Certification (PUR 2024)

ATTACHMENT I: Foreign Countries of Concern Attestation (PUR 1355)

ATTACHMENT J: Subcontractors List

ATTACHMENT K: Examples of Rebate Invoices

ATTACHMENT L: WIC Authorized Grocers and Wholesale Distributors

ATTACHMENT M: List of Six Month Average of Infant Formula Redeemed

ATTACHMENT N: Florida WIC Approved Formulas and WIC Eligible Nutritionals

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Invitation to Bid WIC MILK and SOY-BASED FORMULA REBATE

SECTION 1.0 INTRODUCTORY MATERIALS

1.1 Statement of Purpose

The purpose of this Invitation to Bid (ITB) is to select a Provider to provide monetary rebates to the Florida Department of Health’s (Department), Bureau of WIC Program Services (State WIC Agency), following a participant’s purchase of infant formula from an authorized retail grocer, including formula issued to women and children via Food Package III. Bidders are required to specify a rebate and brand name for a single milk-based and soy-based primary contract formula for the following physical forms:

concentrated liquid, powdered, and ready-to-feed.

1.1.1 Legal Authority

Chapter 287, and section 383.011, Florida Statutes, 7 Part 246 and 21 Part 107, Code of Federal Regulations (CFR) and Title 21, section 350a United States Code.

1.2 Background

The Special Supplemental Nutrition Program for Women, Infants, and Children (WIC) is a federally funded program carried out pursuant to the provisions of the Child Nutrition Act in conjunction with federal and State of Florida laws, regulations, and policies. The program is funded through the Food and Nutrition Services of the United States Department of Agriculture (USDA) and the State WIC Agency.

Participants receive a monthly benefit from the Department that specifies the brand(s) and physical form of infant formula being issued to them. The primary contract brand infant formula will be the milk and soy-based infant formula of first choice, and other milk and soy-based infant formulas may be issued as alternatives or under any applicable waivers. Except for the issuance of the primary contract brand infant formula, the State provides no guarantee of the quantity, physical form, or physical sizes that will be used under the Contract.

Participants redeem their monthly benefit at their choice of approximately 2,000 participating retail grocers around the State. These stores accept EBT cards as payment for WIC foods. Retailers are paid their current shelf price for infant formula. After the participants have used their benefit, the Department’s data system calculates the number of units of milk and soy-based infant formula purchased by brand and physical form. This total is submitted to the Provider with an invoice, who then issues a rebate to the Department. Rebate funds are used to offset the State’s federal grant for food and are subsequently reused to provide benefits to additional participants.

WIC services are currently provided by local WIC agencies located in the Department’s county health departments. Currently, these agencies issue benefits to approximately 400,000 participants.

In November of 2024, approximately 94,216 infants participated in the State’s WIC program. Of these, 25,157 did not receive contract or non-contract infant brand formula but did receive exempt infant formula, WIC-eligible nutritionals or are breastfed exclusively. Subtotals of the 25,157 included 10,420 infants who received an exempt infant formula or WIC-eligible nutritional and 14,737 who were breastfed exclusively and did not receive formula from the program.

It is important to note that the “Estimated Average Number of Infants” (both fully formula fed and partially breastfed) used in calculating the lowest net infant formula cost to the

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WIC program are only estimates. The total monthly units and calculated net costs determined from those estimates will be used only for bid evaluation. They are not intended to be accurate projections for any other purpose. Rebates billed during the term of the contract resulting from this solicitation will be based on actual quantities of contract brand infant formula purchased at approved retail grocers by participants.

The State’s WIC Program will issue infant formula in accordance with the Code of Federal Regulations 7 CFR 246.10(e)(1) through (e)(3) and (e)(9) of the WIC Program Federal Regulations. In addition, the State WIC Program will, if necessary, provide the full nutritional benefit (FNB), using the methodology outlined in 7 CFR 246.10(h) in the WIC Program Federal Regulations when issuing infant formula.

This contract does not apply to exempt infant formulas and WIC-eligible nutritionals.

These products are only issued to infants with certain medical conditions and will require medical documentation before issuing the following as outlined in 7 CFR 246.10(d)(1):

1. Any non-contract brand infant formula, except as allowed under any applicable waivers;

2. Any infant formula prescribed to an infant, child or adult who receives Food Package III, except as allowed under any applicable waivers;

3. Any exempt infant formula, except as allowed under any applicable waivers;

4. Any WIC-eligible nutritional, except as allowed under any applicable waivers;

5. Any authorized supplemental food issued to participants who receive Food Package III, except as allowed under any applicable waivers;

6. Any contract brand infant formula that does not meet the requirements in 7 CFR 246.10(e)(12), except as allowed under any applicable waivers.

The State WIC agency may choose to require medical documentation before issuing any contract brand infant formula as outlined at 7 CFR 246.16a(c)(9). (Medical documentation requirements are outlined at 7 CFR 246.10(d)(1)-(2).)

Other infants with valid medical needs may receive milk or soy-based infant formulas that are not contract brands if prescribed by a medical provider. In addition, non-contract brand infant formula may be issued for religious eating patterns without medical documentation as outlined in 7 CFR 246.10(d)(2)(i).

The State WIC Agency authorizes the issuance of ready-to-feed (RTF) formula, regardless of the presence of a qualifying medical condition, under the following circumstances, in accordance with 7 CFR 246.10(e)(1)(iv).

1. The participant’s household has an unsanitary or restricted water supply or lacks adequate refrigeration.

2. The caregiver may have difficulty properly diluting concentrated liquid or powdered formula.

3. The formula is only available in ready-to-feed form.

4. A waiver has been issued due to lack of retail availability of other formula forms.

Additionally, participants with documented qualifying medical conditions may receive ready-to-feed formula when it is determined that RTF better accommodates the

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Invitation to Bid WIC MILK and SOY-BASED FORMULA REBATE participant’s qualifying medical condition, or

Improves compliance in consuming the prescribed formula, as outlined in 7 CFR 246.10(e)(3)(iii).

The Department and the WIC Program are fully committed to breastfeeding as the recommended feeding choice for infants. The WIC Program actively promotes breastfeeding, conducts initiatives to encourage breastfeeding, and shall continue to do so throughout any infant formula contract period.

1.3 Scope of Services

A detailed scope of services for this solicitation is provided as Scope of Services (Attachment A), in this ITB.

1.4 Incorporation by Reference

The PUR 1001, General Instructions to Respondents (PUR 1001), and PUR 1000, General Contract Requirements (PUR 1000), are hereby incorporated by reference to the terms of this solicitation. Refer to Sections 3.1 and 4.1 of this ITB for further detail.

1.5 Definitions

Bid: The complete written response of the Respondent to this ITB, including properly completed forms, supporting documents, and attachments.

Business Days: Monday through Friday, excluding state holidays.

Business Hours: 8:00 a.m. to 5:00 p.m., Eastern Time on all business days.

Calendar Days: All days, including weekends and holidays.

Certified Minority Business Enterprise: A business certified by any local governmental jurisdiction or organization as a certified minority business enterprise for purposes of doing business with State government and the Department of Management Services, Office of Supplier Diversity determines that the State’s minority business enterprise certification criteria were applied in the local certification process as specified in section 287.0943, Florida Statutes.

Contract: The formal agreement or Order that will be awarded to the successful Provider under this ITB, unless indicated otherwise.

Contract Brand Infant Formulas: As defined in 7 Part 246.2, CFR, is all milk and soy-based infant formulas (except exempt infant formulas) produced by the Provider under the terms of the Contract.

Cost containment: As defined in 7 Part 246.2, CFR, is a competitive bidding, rebate, direct distribution, or home delivery system implemented by a State WIC agency as described in its approved State Plan of operation and administration.

Department: The Department of Health; may be used interchangeably with DOH.

Exempt infant formula: As defined in 7 Part 246.2, CFR, is infant formula that meets the requirements for an exempt infant formula under Section 412(h) of the Federal Food, Page | 6

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Drug, and Cosmetic Act as amended (21 U.S.C. 350a(h)) and the regulations at 21 CFR parts 106 and 107 and is designed for enteral digestion via an oral or tube feeding as specified in 7 CFR 246.10 (e)(12).

Fiscal Year: The federal fiscal year which begins on October 1st of a given year and ends on September 30th of the subsequent year.

Infant Formula: As defined in 7 Part 246.2, CFR, is food that meets the definition of an infant formula in section 201(z) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C.

321(z)) and that meets the requirements for an infant formula under Section 412 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 350a) and the regulations at 21 CFR parts 106 and 107. As specified in 7 CFR 246.10(e)(12), it must be designed for enteral digestion via an oral or tube feeding and provide at least 10 mg of iron per liter (at least

1.5 mg iron/100 kilocalories) at standard dilution. It must provide at least 67 kilocalories per 100 milliliters (approximately 20 kilocalories per fluid ounce) at standard dilution. It must not require the addition of any ingredients other than water prior to being served in a liquid state.

Local WIC Agencies: The agencies that provide direct services to clients of the WIC program in Florida.

Minor Irregularity: As used in the context of this solicitation, indicates a variation from the ITB terms and conditions which does not affect the price of the Bid, or give the Respondent an advantage or benefit not enjoyed by other Respondents, or does not adversely impact the interests of the Department.

Non-Contract Brand Infant Formulas: As defined in 7 Part 246.2, CFR, is all infant formulas, including exempt infant formulas, that are not covered by the contract.

Participants: Pregnant, postpartum, or breastfeeding women, or infants or children who have been certified as eligible to receive supplemental foods and/or other benefits from the WIC program.

Physical Form: Refers to either Liquid Concentrate, Powdered or Ready-to-Feed Infant Formula.

Primary Contract Infant Formula: As defined in 7 Part 246.2, CFR, is the specific milk and soy-based infant formula for which the Respondent submits a Bid for in response to this solicitation and for which a Contract is awarded as a result of that bid. Primary contract brand infant formula includes all physical forms of a milk and soy-based infant formula that meets the requirements under Section 246.10(e)(1)(iii) & (2)(iii) of the WIC Program Federal Regulations and is suitable for the routine issuance to the majority of generally healthy, full term infants. Per Section 246.16a(c)(8), the primary contract brand infant formula(s) will be the milk and soy-based infant formula of first choice for issuance to infants with all other milk and soy-based infant formulas issued as an alternative. Per Section 246.16a(c)(9), the state may choose to issue some, none or all of the winning bidder’s other infant formula(s) meeting the requirements outlined in 7 CFR 246.16a(c)(8).

Provider: The successful Respondent awarded a contract by the Department in accordance with the terms of this ITB.

Rebate: As defined in 7 Part 246.2, CFR, is the amount of money refunded to the Department from the Provider as a result of the purchase of specified infant formulas by participants from an authorized retail grocer.

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Respondent: The business entity that submits a Bid.

State: State of Florida.

USDA-FNS: United States Department of Agriculture – Food and Nutrition Services

Vendor Information Portal (VIP): Refers to the State of Florida’s internet-based vendor information system, which is available at: https://vendor.myfloridamarketplace.com

WIC-eligible nutritionals: As defined in 7 Part 246.2, CFR, are certain enteral products that are specifically formulated to provide nutritional support for individuals with a qualifying condition, when the use of conventional foods is precluded, restricted or inadequate. Such WIC-eligible nutritionals must serve the purpose of a food, meal or diet (may be nutritionally complete or incomplete) and provide a source of calories and one or more nutrients; be designed for enteral digestion via an oral or tube feeding; and may not be conventional food, drug, flavoring or enzyme. This defined term includes many, but not all, products that meet the definition of medical food in Section 5(b)(3) of the Orphan Drug Act (21 U.S.C. 360ee(b)(3)).

https://vendor.myfloridamarketplace.com/

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Invitation to Bid WIC MILK and SOY-BASED FORMULA REBATE

SECTION 2.0 PROCUREMENT PROCESS, SCHEDULE & CONSTRAINTS

2.1 Procurement Officer

The Procurement Officer assigned to this solicitation is:

Florida Department of Health Attention: Summer Lindsley

4052 Bald Cypress Way, Bin B07 Tallahassee, FL 32399-1749

Email: Summer.Lindsley@flhealth.gov

******ALL EMAILS TO THE PROCUREMENT OFFICER MUST CONTAIN THE

SOLICITATION NUMBER IN THE SUBJECT LINE OF THE EMAIL*************

2.2 Restrictions on Communications

Pursuant to section 287.057(23), Florida Statutes, Respondents to this solicitation or persons acting on their behalf may not contact, between the release of the solicitation and the end of the 72-hour period following the agency posting the notice of intended award, excluding Saturdays, Sundays, and state holidays, any employee or officer of the executive or legislative branch concerning any aspect of this solicitation, except in writing to the Procurement Officer listed in Section 2.1., above. Violation of this provision may be grounds for rejecting a Bid.

2.3 Term

It is anticipated that the Contract resulting from this ITB will be for three years, from February 1, 2026 through January 31, 2029 or the Contract execution date whichever is later, subject to renewal as identified in Section 2.4.

There will be a three-month transition period beginning February 1, 2026. Any formula that was issued prior to February 1, 2026, will be rebated at the rates established in DOH18- 018 and DOH19-008. The formula that is issued on February 1, 2026, and after will be rebated based on this solicitation (DOH24-002).

The Contract resulting from this ITB is contingent upon availability of funds. In accordance with WIC Policy Memo #94-6, the Provider’s Contract terms will not be renegotiated with respect to the rebate amounts specified in the WIC Formula Rebate Bid Price Sheet submitted for this Contract and any extension or renewal period(s), or the method by which the rebates will be calculated.

2.4 Renewal

The Contract resulting from this solicitation may be renewed. Renewals may be made on a yearly basis for no more than three years beyond the initial contract, or for the term of the original contract, whichever is longer. Renewals must be in writing, subject to the same terms and conditions set forth in the initial Contract and any written amendments signed by the parties. Renewals are contingent upon satisfactory fiscal and programmatic performance evaluations as determined by the Department and are subject to the availability of funds. In the event of a renewal, Provider’s WIC Infant Formula Rebate Bid Price Sheet is binding and non-negotiable.

mailto:Destiny.Proctor@flhealth.gov

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2.5 Timeline

EVENT DUE DATE LOCATION

ITB Advertised / Released 03/05/2025 Posted to the Vendor Information Portal https://vendor.myfloridamarketplace.com

Non-Mandatory Pre-Bid Conference

03/17/2025

1:30PM

PUBLIC MEETING

Florida Department of Health Central Purchasing Office

Attention: Summer Lindsley 4052 Bald Cypress Way Suite 310L Tallahassee, FL 32399-1749 Or Conference Call Information:

Number - 1 (850) 792-1375 (Access Code) 621263966

Questions Submitted in Writing

Must be received

PRIOR TO:

03/28/2025

3:30PM

Submit to: Florida Department of Health Central Purchasing Office

Attention: Summer Lindsley 4052 Bald Cypress Way, Bin B07 Tallahassee, FL 32399-1749 E-mail: summer.lindsley@flhealth.gov

Answers to Questions

(Anticipated Date) 04/08/2025 Posted to Vendor Information Portal at:

https://vendor.myfloridamarketplace.com

Sealed Bids Due and Opened

Must be received PRIOR to:

04/30/2025

2:30PM

PUBLIC OPENING

Submit to: Florida Department of Health

Central Purchasing Office Attention: Summer Lindsley 4052 Bald Cypress Way, Bin B07 Tallahassee, FL 32399-1749 WIC Infant Formula Rebate Bid Price Sheet (Attachment B) will be read aloud.

Anticipated Posting of Intent to Award 05/06/2025

Posted to the Vendor Information Portal at:

https://vendor.myfloridamarketplace.com mailto:summer.lindsley@flhealth.gov

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2.6 Addenda

If the Department finds it necessary to supplement, modify, or interpret any portion of the solicitation during the procurement process, a written addendum will be posted on the VBS. If the addendum alters the scope or specifications of the solicitation, the Respondent will be required to sign the addendum acknowledging the changes and return it with the bid submittal. It is the responsibility of the Respondent to be aware of any addenda that might affect this ITB or their Bid.

2.7 Pre-Bid Conference

A non-mandatory pre-bid conference will be held at the time and location indicated in Section 2.5. Respondents may ask oral questions and seek clarification during the pre-bid conference.

The Department may orally answer any questions at the pre-bid conference; however, only the Department’s written answers submitted in response to questions received from Respondents by the date listed in Section 2.5 are binding.

2.8 Questions

This provision takes precedence over General Instruction #5 in PUR1001.

Questions related to this solicitation must be received, in writing (either via United States Postal Service, courier, e-mail, or hand-delivery), by the Procurement Officer identified in Section 2.1, within the time indicated in Section 2.5. Verbal questions or those submitted after the time specified in Section 2.5 will not be addressed.

The Department’s written answers to questions submitted in accordance with Section

2.5 will be posted on the VBS.

2.9 Basis of Award

A single award will be made to the responsive, responsible Respondent offering the lowest total monthly net cost for infant formula or the highest monthly rebate (subject to paragraph 246.16a(c)(5)(ii) of the CFR) for a standardized number of units of infant formula requested in this ITB. The Department reserves the right to not make an award under this ITB, as determined to be in the best interest of the State.

2.10 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. If one or more Respondents are entitled to the certified veteran business enterprise preference specified in section 295.187, Florida Statutes, and one or more business entitled to this preference or another preference provided by law submit bids, proposals, or replies for procurement of commodities or contractual services which are equal with respect to all relevant considerations, including price, quality, and service, the Department will award the procurement or contract to the business having the smallest net worth. If one or more Respondents has the certified veteran preference, it and any other vendor entitled to another preference provided by law will be requested by the Department to submit Respondents net worth.

In the event the Department is unable to select a Respondent using the Tie Breaker

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Criteria specified in Attachment F, and the net worth criteria above, or if the net worth criteria above does not apply, then, 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.

2.11 Modifications and Withdrawal

A Respondent may modify or withdraw its Bid at any time prior to the submittal deadline, as specified in Section 2.5, by submitting a request to the Procurement Officer.

Requests for modification or withdrawal of a submitted Bid must be in writing and signed by an authorized signatory of the Respondent. Upon receipt and acceptance of such a request, the entire Bid will be returned to the Respondent and will not be considered unless resubmitted by the Bid due date and time.

2.12 Clarification Process

The Department may request clarification from the Respondent to resolve ambiguities or questioning information (i.e. minor irregularities) presented in its Bid. Clarifications may be requested throughout this procurement process. The Respondent’s answers to requested clarifications must be in writing and must address only the information requested. The Respondent’s answers to requested clarifications must be submitted to the Department within the time specified by the Department.

2.13 Federal Excluded Parties List

In order to comply with Federal grant requirements, and determining Provider responsibility in accordance with sections 287.057(1), (2) and (3), Florida Statutes, and Florida Administrative Code, Rule 60A-1.006(1), a Respondent or its subcontractor(s) that, at the time of submitting a Bid for a new Contract or renewal of an existing Contract is on the Federal Excluded Parties List, is ineligible for, may not submit a Bid for, enter into, or renew a Contract with an agency for goods or services, if any federal funds are being utilized.

2.14 Contract Formation

The Department will enter into a Contract with the awarded Provider pursuant to Section 2.9, Basis of Award. The Contract will incorporate the terms of the Scope of Services (Attachment A), and the awarded Provider’s WIC Infant Formula Rebate Bid Price Sheet (Attachment B).

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SECTION 3.0 INSTRUCTIONS FOR BID SUBMITTAL

3.1 General Instructions to Respondents (PUR 1001)

The General Instructions to Respondents (PUR 1001) is incorporated by reference in this solicitation. This document should not be returned with the Bid. The PUR 1001 is located at http://dms.myflorida.com/content/download/2934/11780.

The terms of this solicitation control over any conflicting terms of the PUR1001.

3.2 Instructions for Submittal

3.2.1. Respondents must complete, sign, and return the “Title Page” with their Bid submittal. (Mandatory Requirement).

3.2.2 Respondents must complete and return the WIC Infant Formula Rebate Bid Price Sheet (Attachment B) with their Bid submittal. (Mandatory Requirement).

3.2.3 Respondents must submit all technical and pricing data in the formats specified in the ITB.

3.2.4. Respondents must submit one original paper copy of their Bid and one original copy on a single USB storage device, or CD, viewable in Adobe Acrobat Reader (PDF). The electronic copy submitted must contain the entire Bid as the submitted original copy, including all supporting and signed documents. Refer to Section

3.4 for information on redacting confidential information, if applicable.

3.2.5. Bids must be sent by United States Postal Service, courier, or hand delivered to the location indicated in Section 2.5, Timeline. (Mandatory Requirement).

3.2.6 Bids submitted via electronic mail (email) or facsimile will not be considered.

3.2.7. Bids must be submitted in a sealed envelope or sealed package with the solicitation number and the date and time of the Bid opening clearly marked on the outside.

3.2.8. The Department is not responsible for improperly marked Bids.

3.2.9 It is the Respondent’s responsibility to ensure its Bid is submitted at the proper place and time indicated in Section 2.5, Timeline.

3.2.10 Bids must be received by the time specified in Section 2.5, Timeline.

3.2.11. The Department’s clocks will provide the official time for Bid receipt.

3.2.12. Materials submitted will become the property of the State and accordingly, the State reserves the right to use any concepts or ideas contained in the response.

3.3 Cost of Preparation

Neither the Department nor the State is liable for any costs incurred by a Respondent in responding to this solicitation.

http://dms.myflorida.com/content/download/2934/11780

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3.4 Public Records and Trade Secrets

Notwithstanding any provisions to the contrary, public records must be made available pursuant to the provisions of the Public Records Act. If Respondent considers any portion of their Bid to this solicitation to be confidential, exempt, trade secret, or otherwise not subject to disclosure pursuant to Chapter 119, Florida Statutes, the Florida Constitution, or any other authority, Respondent must segregate and clearly mark the document(s) as

“CONFIDENTIAL”.

Simultaneously, Respondent will provide the Department with a separate redacted paper and electronic copy of their Bid and briefly describe in writing the grounds for claiming exemption from the public records law, including the specific statutory citation for such exemption. This redacted copy must contain the solicitation name, number, and the name of Respondent on the cover, and must be clearly titled “REDACTED COPY”.

The redacted copy must be provided to the Department at the same time Respondent submits its Bid and must only exclude or obliterate those exact portions which are claimed confidential, proprietary, or trade secret. Respondent will be responsible for defending its determination that the redacted portions of their Bid are confidential, trade secret, or otherwise not subject to disclosure. Further, Respondent must protect, defend, and indemnify the Department for all claims arising from or relating to the determination that the redacted portions of their Bid are confidential, proprietary, trade secret, or otherwise not subject to disclosure. If Respondent fails to submit a redacted copy with their Bid, the Department is authorized to produce the entire documents, data, or records submitted by Respondent in answer to a public records request for these records.

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 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.

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3.6 Prior Experience and Contract Dispute Reporting Form

Respondent must provide documentation of prior experience related to the scope of this Bid and identify all contract disputes the Respondent (including its affiliates, subcontractors, agents, etc.) has had with such customer(s) within the last five years related to contracts under which the Respondent provided(s) commodities or services in the United States on an organizational or enterprise level that may impact or has impacted the Respondent’s ability to provide the services described in this solicitation. See Attachment C, Prior Experience and Contract Dispute Reporting Form, for further details. The term “contract disputes” means any circumstances involving the performance or non-performance of a contractual obligation that resulted in any of the following actions:

3.6.1 Identification by the contract customer that the Respondent was in default or breach of a duty or performance under the contract.

3.6.2 An issuance of a notice of default or breach.

3.6.3 The assessment of any fines or direct, consequential, or liquidated damages under such contracts.

3.6.4 For each dispute, the Respondent must list the following information:

3.6.4.1 Identify the contract to which the dispute related;

3.6.4.2 Explain what the dispute related to; and

3.6.4.3 Explain whether and how the dispute was resolved.

3.6.4.4 If there are no such contract disputes, the Respondent must submit a statement confirming this fact under this title in its Bid.

3.7 Subcontractors

Respondent may enter into written subcontracts for performance of services under the Contract resulting from this solicitation. Anticipated subcontract agreements known at the time of Bid submission and the amount of the subcontract must be identified in the Bid. If a subcontract has been identified at the time of Bid submission, a copy of the proposed subcontract must be submitted to the Department. No subcontract that Respondent enters into with respect to performance under the Contract will in any way relieve Respondent of any responsibility for performance of its Contract responsibilities with the Department, including any applicable rebates. The Department reserves the right to request and review information in conjunction with its determination regarding a subcontract request and reject any subcontractor proposed by the Respondent in its Bid. Bidders that do not produce a soy-based infant formula must subcontract with another manufacturer to supply a soy-based infant formula under the contract per 7 CFR 246.16a(c)(2)(i). If the bidder needs to subcontract for soy-based infant formula, the bidder is required to pay the State agency a rebate on the soy-based infant formula supplied by the contractor that is issued by the State agency per 7 CFR 246.16a(c)(2)(i).

The Respondent must complete Attachment J, Subcontractors List, in its entirety and submit it with the Bid.

3.8 Special Accommodations

Persons with disability requiring special accommodations should call the Department’s Purchasing office at least five business days, prior to any pre-Bid conference, Bid opening, or meeting at (850) 245-4199. If hearing or speech impaired, please contact the

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Invitation to Bid WIC MILK and SOY-BASED FORMULA REBATE

Department’s Purchasing office through the Florida Relay Service, at 1-800-955-8771

(TTY).

3.9 Responsive and Responsible (Mandatory Requirements)

Respondents must complete and submit the following mandatory information or documentation as part of their Bid by the time specified in Section 2.5; any Bid which does not contain the information below will be deemed non-responsive to this ITB:

3.9.1 Title Page must be completed, signed, and returned with Bid submittal.

3.9.2 WIC Infant Formula Rebate-Bid Price Sheet (Attachment B), must be completed as specified in Section 3.5.

3.9.3 Prior Experience and Contract Dispute Reporting Form (Attachment C) must be provided as specified in Section 3.6.

3.9.4 Statement of Non-Collusion (Attachment D) must be completed as specified in Section 4.3.

3.9.5 Respondent Certification Regarding Scrutinized Companies Lists (Attachment E) must be completed as specified in Section 4.2.

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

3.9.7 Vendor Certification (PUR 7801) (Attachment G) must be completed and submit with the Bid.

3.9.8 Forced Labor Certifications (PUR 2024) (Attachment H), as specified in Section 4.7.

3.9.9 Foreign Countries of Concern Attestation (PUR1355) (Attachment I), as specified in Section 4.8.

3.9.10 Subcontractors List (Attachment J), as specified in Section 3.7.

3.9.11 Provide the most current commercial wholesale price list as of the time of the bid opening. This price list will be used by the Department as verification of the Respondent’s lowest national wholesale cost per unit of infant formula for a full truckload, as used outlined on Attachment B.

3.10 Late Bids

The Procurement Officer must receive Bids pursuant to this ITB no later than the date and time specified in Section 2.5. Bids that are not received by the date and time specified will not be considered.

3.11 Licenses/Certifications

The Respondent must be registered with the U.S. Food and Drug Administration (FDA) as required by Public Law 100-237 and certify to the Department in writing that the infant formulas subject to this bid are manufactured in compliance with all applicable provision of the Federal Food, Drug, and Cosmetic Act, including the Infant Formula Act of 1980, as amended, and all regulations promulgated hereunder.

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Invitation to Bid WIC MILK and SOY-BASED FORMULA REBATE

SECTION 4.0 SPECIAL CONDITIONS

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.

4.2 Scrutinized Companies

All Respondents seeking to do business with the Department must be in compliance with section 287.135, Florida Statutes. The Department may, at its option, terminate a contract if Respondent is found to have submitted a false certification as provided under section 287.135(5), Florida Statutes, been placed on the Scrutinized Companies with Activities in Sudan List, the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, the Scrutinized Companies that Boycott Israel List, or is engaged in a boycott of Israel, or have been engaged in business operations in Cuba or Syria.

Refer to Respondent Certification Regarding Scrutinized Companies Lists Form, Attachment E.

4.3 Conflict of Interest

Section 287.057(17)(c), Florida Statutes, provides “A person who receives a contract that has not been procured pursuant to subsections (1)-(3) to perform a feasibility study of the potential implementation of a subsequent contract, who participates in the drafting of a solicitation or who develops a program for future implementation, is not eligible to contract with the agency for any other contracts dealing with that specific subject matter, and any firm in which such person has any interest is not eligible to receive such contract. However, this prohibition does not prevent a vendor who responds to a request for information from being eligible to contract with an agency.”

The Department considers participation through decision, approval, disapproval, recommendation, preparation of any part of a purchase request, influencing the content of any specification or procurement standard, rendering of advice, investigation, or auditing or any other advisory capacity to constitute participation in drafting of the solicitation.

All Respondents must complete and submit the Statement of Non-Collusion Form, Attachment D with its Bid.

4.4 Certificate of Authority

All limited liability companies, corporations, corporations not for profit, and partnerships seeking to do business with the State must be registered with the Florida Department of State in accordance with the provisions of Chapters 605, 607, 617, and 620, Florida Statutes, respectively, prior to Contract execution. The Department retains the right to ask for verification of compliance before Contract execution. Failure of the successful Provider to have appropriate registration may result in withdrawal of Contract award.

http://dms.myflorida.com/content/download/2933/11777

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Invitation to Bid WIC MILK and SOY-BASED FORMULA REBATE

4.5 Vendor Registration

Each Provider doing business with the State for the sale of commodities or contractual services as defined in section 287.012, Florida Statutes, must register in the MyFloridaMarketPlace system, unless exempted under Rule 60A-1.033, Florida Administrative Code. State agencies must not enter into an agreement for the sale of commodities or contractual services as defined in section 287.012, Florida Statutes, with any Respondent not registered in the MyFloridaMarketPlace system, unless exempted by rule. The successful Provider must be registered in the MyFloridaMarketPlace system within five days after posting of the Intent to Award.

Registration may be completed at: https://vendor.myfloridamarketplace.com

A Provider lacking internet access may request assistance from MyFloridaMarketPlace Customer Service at 866-352-3776 or from State Purchasing, 4050 Esplanade Drive, Suite 300, Tallahassee, FL 32399.

4.6 Minority, Women, and Florida Veteran Business Participation

The Department encourages certified minority, women, and Florida veteran business participation in all its solicitations.

4.7 Forced Labor Certifications (PUR 2024)

In accordance with section 787.06(13), Florida Statutes and section 287.1346(4)(b), Florida Statutes, Respondents must complete and submit ATTACHMENT H, Forced Labor Certifications (PUR 2024), with its Bid.

4.8 Foreign Countries of Concern (PUR 1355)

In accordance with section 287.138, Florida Statutes, the Department may not accept a bid, proposal, or reply for a contract which would grant Respondent access to Personal Identifying Information unless the Respondent provides the Department with an attestation signed by an officer or representative of the Respondent on Form PUR 1355, “Foreign Country of Concern Attestation” Form.

All Respondents must complete and submit the ATTACHMENT I, Foreign Countries of Concern Attestation form (PUR 1355), with its Bid.

4.9 Indemnification

Respondent must save and hold harmless and indemnify the Department against any and all liability, claims, judgments, or costs of whatsoever kind or nature for injury to, or death of any person or persons and for loss or damage to any property resulting from the use, service operation, or performance of work under the terms of the Contract, resulting in whole or in part from the negligent acts or omissions by Respondent, their subcontractor, or any of the employees, agents, or representatives of Respondent or subcontractor.

4.10 Compliance with Laws

Respondent must comply with all applicable federal laws, State of Florida rules

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Invitation to Bid WIC MILK and SOY-BASED FORMULA REBATE and regulations, action transmittals, program instructions, review guides, to include those referenced in this ITB and any updated versions of the same.

4.11 Conflict of Law and Controlling Provisions

Any Contract resulting from this ITB, and any conflict of law issue, will be governed by the laws of Florida. Venue must be in Leon County, Florida, to the exclusion of all other jurisdictions.

Respondents acknowledge that this solicitation (including but not limited to the resulting Contract, exhibits, attachments, or amendments) is not a rule nor subject to rulemaking under Chapter 120 (or its successor) of the Florida Statutes and is not subject to challenge as a rule or non-rule policy under any provision of Chapter 120, Florida Statutes.

4.12 Agency Inspectors General

It is the duty of every state officer, employee, agency, special district, board, commission, contractor, and subcontractor to cooperate with the inspector general in any investigation, audit, inspection, review, or hearing pursuant to section 20.055, Florida Statutes.

4.13 Records and Documentation

To the extent that information is used in the performance of the resulting Contract or generated as a result of it, and to the extent that information meets the definition of “public record” as defined in section 119.011(12), Florida Statutes, said information is hereby declared to be and is hereby recognized by the parties to be a public record and absent a provision of law or administrative rule or regulation requiring otherwise, Respondent must make the public records available for inspection or copying upon request of the Department’s custodian of public records in accordance with Chapter 119, Florida Statutes. Respondent’s refusal to comply with Chapter 119, Florida Statutes, will constitute an immediate breach of the Contract resulting from this ITB and entitles the Department to unilaterally terminate the Contract.

Unless a greater retention period is required by state or federal law, all documents pertaining to the program contemplated by this ITB must be retained by Respondent for a period of six years after the termination of the resulting Contract or longer as may be required by any renewal or extension of the Contract. During the records retention period, Respondent agrees to furnish, when requested to do so, all documents required to be retained. Submission of such documents must be in the Department’s standard word processing format. If this standard should change, it will be at no cost incurred to the Department. Data files will be provided in a format readable by the Department.

The Provider must maintain all records required to be maintained pursuant to the resulting Contract in such manner as to be accessible by the Department upon demand. Where permitted under applicable law, access by the public must be permitted without delay.

4.14 Termination at Will

Provider may terminate its Contract upon no less than 12 month’s written notice

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Invitation to Bid WIC MILK and SOY-BASED FORMULA REBATE provided to the Department.

4.15 Purchase of Non-Contract Formula

The Department will educate participants, retailers, and the medical community about the cost containment system and make every reasonable effort to encourage the use of the contract brands. However, the Department will allow for the purchase of other brands of milk and soy-based formula for individuals with prescriptions from medical providers who certify that there is a valid medical reason for an infant to not use a contract brand. Prescriptions covering more than one child will not be allowed. A non-contract brand infant formula may be provided without medical documentation in order to meet religious eating patterns.

4.16 Department Reporting Requirements

The Department will ensure that records created solely for this contract are subject, upon reasonable advance written notice, to inspection, review, or audit by the successful Provider’s personnel or other persons duly authorized by the successful Provider.

The Provider will have the right to perform on-site audits and financial reviews directly related to the monthly rebate invoices, excluding confidential client records, described in this contract. Such records may include but are not limited to policy and procedure documents and interviews with key state personnel.

The Department and Provider agree to communicate as needed to review progress and performance of the contract. Due to federal confidentiality requirements, the Provider will not have access to actual or scanned records that identify WIC participants by name and/or address. The Department will make available to the Provider or a designated representative of the Provider all data requested by the successful Provider to verify the accuracy of the reports for rebate payment, although prior to submitting any data that identifies WIC participants by name, the names shall be deleted. The successful Provider shall not have access to any information about a vendor that individually identifies the vendor except for vendor’s name, address, telephone number, website/e-mail address, store type and authorization status. (7 CFR 246.26(e))

4.17 Attorney’s Fees

In the event of a dispute prior to or post award, each party responding to this solicitation is responsible for its own attorneys’ fees, except as otherwise provided by law.

4.18 Protests

Failure to file a protest within the time prescribed in section 120.57(3), Florida Statutes, or failure to post a bond or other security required by law within the time allowed for filing a bond will constitute a waiver of proceedings under Chapter 120, Florida Statutes.

Only documents delivered by the United States Postal Service, a private delivery service, in person, by E-Filing, or by facsimile during business hours will be accepted. Documents received after business hours will be filed the following business day.

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Invitation to Bid WIC MILK and SOY-BASED FORMULA REBATE

Do not send Bids to the Agency Clerk’s Office. Send all Bids to the Procurement Officer and address listed in Section 2.5, Timeline.

No filings may be made by email. All filings must be made ONLY with the Agency Clerk and are considered "filed" when stamped by the official stamp of the Agency Clerk. It is the responsibility of the filing party to meet all filing deadlines.

The protest must be submitted by using one of the following delivery methods:

By Mail:

Agency Clerk, Florida Department of Health 4052 Bald Cypress Way, BIN A-02 Tallahassee, Florida 32399-1703 Telephone No. (850) 245-4005;

By hand delivery:

Agency Clerk, Florida Department of Health 2585 Merchants Row Blvd.

Tallahassee, Florida 32399;

By facsimile: 850-413-8743; or

By E-Filing:

https://agency_clerk-fdh.mycusthelp.com/WEBAPP/_rs/supporthome.aspx?&lp=3 https://gcc02.safelinks.protection.outlook.com/?url=https%3A%2F%2Fagency_clerk-fdh.mycusthelp.com%2FWEBAPP%2F_rs%2Fsupporthome.aspx%3F%26lp%3D3&data=05%7C01%7CAllegra.Small%40flhealth.gov%7Ced6ef13ace184fb11b7908dae457e3ab%7C28cd8f803c444b2781a0cd2b03a31b8d%7C0%7C0%7C638073363391464622%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C3000%7C%7C%7C&sdata=kR3RdMTBEMnpD1bRPC31L4z7S59FQPDy6B1wdSUApXY%3D&reserved=0

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ATTACHMENT A

Scope of Services

Invitation to Bid WIC MILK and SOY-BASED FORMULA REBATE

The Provider for milk and soy-based formula must complete the following:

A. Technical Requirements

1. Complete Infant Formula: Ensure all infant formulas provided under this Contract are complete infant formulas not…