Final_RFP_074_2400000421_1_SO_FORM.PDF

Document ID: RFP 074 2400000421 Page: 1

Commonwealth of Kentucky

SOLICITATION

Modification: No Version #:

TITLE: 074/ Pharmacy Goods and Services

Date Issued:

05/08/2024 Record Date:

05/03/2024

Solicitation Closes Date:

05/15/2024 Time:

04:00

Solicitation No:

RFP 074 2400000421

Online Bidding Prohibited: Yes For Information Call:

Kimberly Miller 606-435-6196

Bid Receiving Location:

Kentucky Department of Veterans Affairs Fiscal Manager 1111B Louisville Road

Frankfort KY 40601

Vendor Customer Number:

Vendor Name:

Phone Number:

Fax Number:

Email Address:

Ordering

Address:

City, State, Zip:

Contact Name:

Contact Email:

Contact Phone Number:

Payment

Address:

City, State, Zip:

Contact Name:

Contact Email:

Contact Phone Number:

Ownership Type

__ Sole Proprietorship __ Partnership __ Corporation __ Other_________________________

SIGNATURE OF AUTHORIZED AGENT IS REQUIRED UNLESS RESPONSE

IS SUBMITTED ELECTRONICALLY. FAILURE TO SIGN SHALL RENDER

THE BID INVALID.

Signature X_________________________________________ FEIN#____________________ Date____________

All offers subject to all terms and conditions contained in this solicitation.

Document ID: RFP 074 2400000421 Page: 2

Line Items

Commodity Group: Default

Line CL Description Quantity UOM Unit Cost Line Total or Contract Amnt

1 074- Pharmacy Goods and Services

Comm Code Comm Description Manufacturer Model # Manuf Part #

94872 Pharmaceutical Services

Extended Description 074- Pharmacy Goods and Services

Shipping Information KY Veterans Affairs - Commissioner's Office Shipping 1111B Louisville Road

Frankfort KY 40601

Billing Information KY Veterans Affairs - Commissioner's Office Billing 1111B Louisville Road

Frankfort KY 40601

Document ID: RFP 074 2400000421 Page: 3

Submission Checklist

The following items will be required to be submitted with bid:

Item

Revised March 2023

PROPOSAL SUBMISSION CHECKLIST

The vendor MUST include the following with the proposal submission.

If the items highlighted below are not submitted with the proposal submission, the Commonwealth MUST deem the proposal non-responsive and SHALL NOT consider for award.

All other items MUST be submitted prior to award.

_____ SIGNED AND COMPLETED SOLICITATION –Section(s) 8.00 and 8.10 of this RFP (not required if submitting electronically)

_____ *PROPOSED SOLUTION (TECHNICAL) UNDER SEALED COVER AND BY CLOSING DATE --

Section(s) 8.00 and 8.10 of this RFP

_____ *PROPOSED SOLUTION (COST) UNDER SEALED COVER AND BY CLOSING DATE --

Section(s) 8.00 and 8.10 of this RFP

_____ TRANSMITTAL LETTER – Section 8.20 of this RFP

_____ PROOF OF REGISTRATION WITH SECRETARY OF STATE BY A FOREIGN ENTITY -- Section 9.00 of the Personal Service Contract Terms and Conditions of this RFP

_____ REQUIRED AFFIDAVIT(S) – Section 8.20 of this RFP

*The Commonwealth defines SEALED as “a closure that must be broken to be opened and that thus reveals tampering” (Merriam-Webster Dictionary, https://www.merriam-webster.com/dictionary/seal

REQUEST FOR PROPOSAL

Document Phase Document Description Page 4

2400000421 Final 074/ Pharmacy Goods and Services Total Pages: 28 https://www.merriam-webster.com/dictionary/seal

FOR

PERSONAL SERVICE CONTRACT

Kentucky Department of Veterans Affairs, Office of Kentucky Veterans Affairs Pharmacy Goods and Services

RFP 074 2400000421

This is a Re-Solicitation of RFP 074 2400000334 which closed on 04/18/2024 and was not awarded. Because an award was not made, documents requested via an Open Records Request will not be released. At such time an award is made as a result of the new RFP, an Open Records Request may be filed, and documents requested for the original RFP as well as for the new RFP may be released in accordance with KRS 61.870 to 61.884

This document constitutes a Request for Proposals for a Personal Service Contract from qualified individuals and organizations to furnish those services as described herein for the Commonwealth of Kentucky, Kentucky Department of Veterans Affairs (KDVA), Office of Kentucky Veterans Affairs (OKVC).

Offerors are advised that any personal service contract resulting from this RFP must comply with all applicable provisions of KRS 45A and KRS 12.210 prior to becoming effective.

A contract, based on this RFP, may or may not be awarded. Any contract award from this RFP is invalid until properly approved and executed by the Finance and Administration Cabinet and filed with the Legislative Research Commission, Government Contract Review Committee.

1.00 Purpose and Background

The Contractor shall provide all Pharmacy goods, services and deliverables as required, described, and detailed below and shall meet all service and delivery timelines as specified by this Contract.

The Contractor shall provide, furnish, and supply pharmaceuticals, drugs, supplies, and equipment to each State Veterans Home which are certified as skilled nursing facilities and to any other facilities operated by the KDVA during the term of this contract:

The Contractor shall be duly registered and licensed as a pharmacy in the Commonwealth of Kentucky. Shall provide evidence of current licensing will be kept on file at the Office of Kentucky Veterans Centers (“OKVC”) home office and at each Facility operated by the KDVA (“Facility”).

The Contractor shall comply with all applicable laws and regulations as set forth by the Commonwealth of Kentucky and the United States.

The Contractor shall provide, furnish, and supply pharmaceuticals, drugs, supplies, and equipment to each Facility listed below and to any other facilities operated by the KDVA during the term of this contract. Additional facilities will be added via modification to this contract.

Facility Address # of Beds

Paul E Patton Eastern Kentucky Veterans Center 200 Veterans Drive, Hazard KY 120 Thomson Hood Veterans Center 100 Veterans Drive, Wilmore, KY 285 Carl M Brashear Radcliff Veterans Center 100 Veterans Drive, Radcliff, KY 120

Document Phase Document Description Page 5

Joseph Edward Ballard Western Kentucky Veterans Center 926 Veterans Drive, Hanson, KY 156 Robert E Spiller Bowing Green Center 1111 Veterans Drive, Bowling Green, KY 60 Robert E. Spiller Bowling Green Veterans Center to open January 2025.

Authority Title 38 USC 8153, Health Care Resources (HCR) Sharing Authority, to include FAR Part 12 and VAAR Part 873.

2.00 Scope of Work

The Contractor shall provide a twenty-four (24) hour per day, 7 day per week computerized unit dose drug delivery system, such prescription, and non-prescription pharmaceutical and over the counter goods (jointly, the “Pharmaceutical Goods”), and all compounding of same, in such types and quantities as each Facility may request. Medications shall be dispensed in their generic form unless the physician prescribes otherwise.

The Contractor shall deliver all Pharmaceutical Goods to the requesting Facility within a mutually acceptable time frame. If any order is designated by a Facility as an emergency, stat, or similar designation, the Contractor will deliver such goods within two (2) hours or less. There shall be no additional charge for such delivery. A backup provider shall be designated by the Contractor to provide delivery in the event the Contractor is unable to deliver to the Facility within two (2) hours and shall promptly notify the Facility of its inability to deliver and contact the designated backup Pharmacy for delivery.

The Contractor shall dispose of all expired, discontinued, and unused medication, including over-the-counter medication, in a safe manner that complies with currently accepted professional standards, and all applicable federal, state and local laws, regulations, and guidelines. Credits will be issued for return medications in a timely manner.

The Contractor shall label, store, prepare, pack, and dispense all Pharmaceutical Goods in a safe manner that complies with all Facility policies and procedures, as may be amended from time to time, currently accepted professional standards, and all applicable federal, state and local laws, regulations, and guidelines (including, but not limited to, all federal labeling requirements).

The Contractor shall provide each Facility with drug dispensing equipment, including medication and treatment carts fitted to accommodate a laptop computer, emergency and first dose dispensing equipment, and intravenous pumps. All drug dispensing equipment provided by the Contractor shall remain the property of the Contractor.

The Contractor shall provide an interface with PointClickCare or any other electronic medical record provider utilized by the KDVA during the term of this contract. The interface will allow for electronic ordering and reordering of medications and access to the reports, medication profiles, and computerized records for all Facility residents that are maintained by the Contractor.

In compliance with 38 CFR § 17.96, awardee shall contract separately with the Department of Veterans Affairs for payment of these services rendered to the Kentucky State Veterans Homes, adhering to Congressional compliance of a VA-funded contract for these services. Failure to contract separately with the Department of Veterans Affairs after award of this contract may result in termination of contract. To facilitate compliance to federal Aid and Attendance for qualified veterans.

Contractor shall have active registration/ account on the System for Award Management (SAM.gov).

Additional assistance may be obtained by reaching out to a local Procurement Technical Assistance Center (PTAC) for guidance (https://www.aptac-us.org).

Document Phase Document Description Page 6 https://urldefense.com/v3/__https:/www.aptac-us.org/__;!!Db6frn15oIvDD3UI!kXzea9AD8T91-cmBwC2ZEuPukqSiKLmnK0a_EGs5MEhMvXIDxlyT8gn11Go1GPHvvX7CJ4KheSSmASMqpSVZHF9lCV4Ne34$

Contractor shall comply Pursuant to the Cleland-Dole Act, any veteran who has been determined by the Secretary to be catastrophically disabled, as defined in section 17.36(e) of title 38, Code of Federal Regulations, or successor regulations, and on whose behalf the Secretary is paying a per diem for nursing home or domiciliary care in a State home.

(Authority: 38 U.S.C. 1745(b)(3))

The Contractor will have an alternative medication ordering system in the event the interface is not functional.

To that end, the Contractor shall furnish each Facility with at least one (1) facsimile machine per station, which Facility agrees to use primarily to transmit orders for pharmaceuticals. Such facsimile machine shall remain the property of the Contractor and shall be returned to the Contractor upon termination or cancellation of this Contract.

The Contractor shall provide for appropriate safety and maintenance inspections of all intravenous and other equipment provided pursuant to this Contract prior to delivery and set-up and on an agreed upon schedule after equipment is delivered to any Facility. Documentation of such inspections will be kept current and on file for inspection by Facility and any regulatory or accreditation bodies. All equipment on the premises shall be properly maintained by the Contractor and upgraded as necessary.

The Contractor will comply with all incident reporting procedures required by the Facility’s policies and procedures, as may be amended from time to time, and by law, including, but not limited to, all obligations to investigate under the Safe Medical Devices Act (and all amendments thereto).

The Contractor shall prepare and maintain, on a current and continuous basis, for each Facility resident, Medication Administration and Treatment Administration Records and Patient Drug Profiles, in order to monitor possible adverse reactions and over or under utilization of drugs dispensed. The Contractor, through a licensed pharmacist, shall determine that drug records are in order and that an account of all controlled drugs is maintained and periodically reconciled. The Contractor will provide a monthly listing of antibiotic, psychotropic, psychoactive and hypnotic drugs delivered to each Facility.

The Contractor shall adhere to appropriate Medication Review procedures, with medication profiles and computerized records for all Facility residents maintained by a registered pharmacist. An extensive and periodically updated drug interaction/allergy computer system shall be utilized to monitor all drug entries onto a resident’s profile and all unit dose and bulk (ointments, liquids) medications dispensed daily will be checked by a registered pharmacist before leaving the pharmacy. A licensed pharmacist will report any irregularities or problems in a resident’s drug regimen, including, but not limited to, adverse drug reactions, medication errors, drugs potentially inappropriate for the elderly, and drugs with high potential for severe adverse outcomes, to the attending physician and the Facility’s Director of Nursing.

The Contractor shall assure that a registered pharmacist will consult with each Facility at least once a month regarding each Facility resident who is currently receiving treatment with pharmaceutical goods. All items in the Medication Review shall be addressed in such consultation, and a written report submitted by the Contractor to the Facility’s Director of Nursing not later than ten (10) working days following the beginning of each month.

The Contractor shall provide each Facility with monthly trend reports illustrating follow-up on physician medication recommendations, staff medication recommendations, use of various medications, medication errors, pharmacy errors, as well as trends in the use of anti-psychotic drugs and average number of medications per resident and other trends as requested by the Administrator or Director of Nursing.

Document Phase Document Description Page 7

The Contractor shall provide Medical Records, Treatment Sheets, and Physicians Orders (MARs, TARs, and POs) to each Facility for its residents on a monthly basis. Each facility may opt to use Point Click Care for any or all of these components.

The Contractor shall make available to each Facility, upon request, a qualified person to perform a medication pass observation of 10% of residents up to once per month per facility.

The Contractor will bill the facility for residents with the payer classification of Medicare A, Private Pay, or VA prevailing rate unless otherwise authorized in this contract. The Contractor shall assume responsibility for all other resident charges arising under this contract unless expressly authorized by the Office of Kentucky Veterans Centers (OKVC).

The Contractor shall bill all other payer sources directly including any other insurance plan/coverage. The Contractor shall be required to bill the Medicaid program for covered goods and services for eligible veterans/ residents upon request by the Commonwealth. Charges for pharmaceutical services for these residents are to be based on allowable charges as governed by Title XIX United States Code, in order that private, VA prevailing rate, Medicaid and Medicare residents shall be treated equally (paying the same rate under Medicaid rules) in the provision and charges for pharmaceutical services. The Contractor shall be responsible for preauthorization of non-covered drugs.

The contractor shall provide a monthly report for all approved Aid & Attendance residents monthly to each facility. The report should at minimum include, by resident, by date, by all possible medications, drug description, dosage, quantity, dispensing fee, NDC number and all possible medications prescribed shall be cross-walked to VA Federal - Federal Supply Schedule for reimbursement.

The Contractor shall make available reference materials and other equipment/supplies necessary to effectively provide pharmaceuticals to the Facilities.

The Commonwealth shall designate the Contractor as its “Pharmacy of Choice” for all resident pharmaceutical goods; however, because of federal guidelines, the resident is to be given freedom of choice in selecting his/her dispensing pharmacy and residents therein reserve the expressed right to purchase and obtain prescriptions and supplies from other sources, at any time, provided the drugs are packaged using the same systems as the Facilities and procedures are the same (maximum 30 days’ supply per order). The contractor shall comply with the facilities corporate compliance program requirements. Whenever possible, Facilities will use the Contractor’s pharmacy services.

The State shall notify the Contractor as to the status of each resident regarding source of reimbursement (including insurance) for prescription drugs and supplies and shall promptly notify the Contractor as to the change in status or source of such reimbursement.

The State shall give the Contractor reasonable access to all resident records and supplies necessary for the performance of the duties herein.

Warranty. Contractor represents and warrants that the term of the warranty (“Warranty Period”) shall be the greater of the Term of this Contract or any other warranty general offered by Contractor, its suppliers, or manufacturers to customers of its goods or services. The goods or services provided under this Contract shall conform to the terms and conditions of this Contract throughout the Warranty Period. Any nonconformance of the goods or services to the terms and conditions of this Contract shall constitute a “Defect” and shall be considered “Defective.” If Contractor receives notice of a Defect during the Warranty Period, then Contractor shall correct the Defect, at no additional charge.

Document Phase Document Description Page 8

Contractor represents and warrants that the State is authorized to possess and use all equipment, materials, software, and deliverables provided under this Contract.

Contractor represents and warrants that all goods or services provided under this Contract shall be provided in a timely and professional manner, by qualified and skilled individuals, and in conformity with standards generally accepted in Contractor’s industry.

If Contractor fails to provide the goods or services as warranted, then Contractor will re-provide the goods or services at no additional charge. If Contractor is unable or unwilling to re-provide the goods or services as warranted, then the Commonwealth shall be entitled to recover the fees paid to Contractor for the Defective goods or services. Any exercise of the Commonwealth’s rights under this Section shall not prejudice the Commonwealth’s rights to seek any other remedies available under this Contract or applicable law.

Inspection and Acceptance. The Commonwealth shall have the right to inspect all goods or services provided by Contractor under this Contract. If, upon inspection, the Commonwealth determines that the goods or services are Defective, the Commonwealth shall notify Contractor, and Contractor shall re-deliver the goods or provide the services at no additional cost to the Commonwealth. If after a period of thirty (30) days following delivery of goods or performance of services the Commonwealth does not provide a notice of any Defects, the goods or services shall be deemed to have been accepted by the Commonwealth.

Patient Protection and Affordable Care Act. The Contractor agrees that it will be responsible for compliance with the Patient.

Protection and Affordable Care Act (“PPACA”) with respect to itself and its employees, including any obligation to report health insurance coverage, provide health insurance coverage, or pay any financial assessment, tax, or penalty for not providing health insurance. The Contractor shall indemnify the State and hold it harmless for any costs to the State arising from Contractor’s failure to fulfill its PPACA responsibilities for itself or its employees.

HIPAA Compliance. The State and Contractor shall comply with obligations under the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”), Health Information Technology for Economic and Clinical Health (“HITECH”) Act and any other relevant laws and regulations regarding privacy (collectively the “Privacy Rules”). The obligations set forth in this Section shall survive the termination of this Contract.

a.- Contractor warrants to the State that it is familiar with the requirements of the Privacy Rules and will comply with all applicable requirements in the course of this Contract.

b.-Contractor warrants that it will cooperate with the State, including cooperation and coordination with State privacy officials and other compliance officers required by the Privacy Rules, in the course of performance of the Contract so that both parties will be in compliance with the Privacy Rules.

c-The State and the Contractor will sign documents, including but not limited to business associate agreements, as required by the Privacy Rules and that are reasonably necessary to keep the State and Contractor in compliance with the Privacy Rules. This provision shall not apply if information received or delivered by the parties under this Contract is NOT “protected health information” as defined by the Privacy Rules, or if the Privacy Rules permit the parties to receive or deliver the information without entering into a business associate agreement or signing another document.

d.-The Contractor will indemnify the State and hold it harmless for any violation by the Contractor or its subcontractors of the Privacy Rules. This includes the costs and expense resulting from or related to the Breach, including but not limited to reasonable costs of providing required notices to

Document Phase Document Description Page 9 individuals, government agencies, credit bureaus, and/or other required entities. The Commonwealth of its statutory immunity shall construe nothing in this agreement as a waiver.

Insurance. Contractor shall provide the State a certificate of insurance (“COI”) evidencing the Coverage and amounts specified below. The COI shall be provided ten (10) business days prior to the Effective Date and again upon renewal or replacement of coverage required by this Contract. If insurance expired during the Term, the Statement must receive a new COI at least ten (10) calendar days past the insurance’s expiration date. If the Contractor loses insurance coverage, does not renew coverage, or for any reason becomes uninsured during the Term, the Contractor shall notify the State immediately. At any time, the State may require the Contractor to provide a valid COI detailing coverage description; insurance company; policy number; exceptions; exclusions;

policy effective date; policy expiration date; limits of liability; and the name and address of insured. The Contractor’s failure to maintain or submit evidence of insurance coverage is considered a material breach of this Contract.

The Contractor agrees to include the State as an additional insured on any insurance policies except for workers’ compensation (employer liability) and professional liability (errors and omissions) (“Professional Liability”) insurance. In addition, all policies shall contain an endorsement for a waiver of subrogation in favor of the State.

The Contractor shall obtain and maintain, at a minimum, the following insurance coverage and policy limits.

A- Commercial General Liability Insurance

1- The Contractor shall maintain commercial general liability insurance, which shall be written on an Insurance Services Office, Inc. (also known as ISO) occurrence form (or a substitute form providing equivalent coverage) and shall cover liability arising from property damage, premises/operations ,contractual liability, completed operations/products, personal and advertising injury, and liability assumed under an insured contract (including the tort liability of another assumed in a business contract).

2- The Contractor shall maintain bodily injury/property damage with a combined single limit not less than one million dollars ($1,000,000.00) per occurrence and three million dollars ($3,000,000.00) aggregate for bodily injury and property damage, including products and completed operations coverage with an aggregate limit of at least three million dollars ($3,000,000.00).

B.-Workers’ Compensation and Employer Liability Insurance

1.- For Contractors statutorily required to carry workers’ compensation and employer liability insurance, the Contractor shall maintain:

# Workers’ Compensation and employer liability insurance in the amounts required by appropriate state statues; or

# In an amount not less than one million dollars ($1,000,000.00) including employer liability of one million dollars ($1,000,000.00) per accident for bodily injury by accident, one million dollars ($1,000,000.00) policy limit by disease, and one million dollars ($1,000,000.00) per employee for bodily injury by disease.

C.-Automobile Liability Insurance

1.- The Contractor shall maintain automobile liability insurance, which shall cover liability arising out of any automobile (including owned, leased, hired, and non-owned automobile) 2.- The Contractor shall maintain bodily injury/property damage with a limit not less than one million dollars ($1,000,000.00) per occurrence or combined single limit.

D.-Professional Liability Insurance

Document Phase Document Description Page 10

1.- Professional Liability Insurance shall be written on an occurrence basis. This coverage may be written on a claims-made basis but must include an extended reporting period or “tail coverage” of at least two (2) years after the Term.

Anti-Kickback- Contractor and the Commonwealth hereby certify that they will not violate the Anti-Kickback Statute (42 U.S.C. §1320a-7b (b)) with respect to their performance under this Agreement.

partnership, or corporation awarded a personal service contract submits its invoice for payment on the form established by the committee.

3.00 Evaluation Criteria

The Kentucky Department of Veterans Affairs, Office of Kentucky Veterans Centers shall conduct a comprehensive, fair, and impartial evaluation of all proposals. The Kentucky Department of Veterans Affairs, Office of Kentucky Veterans Centers may reject any proposal that is incomplete or in which there are significant inconsistencies or inaccuracies. The Kentucky Department of Veterans Affairs, Office of Kentucky Veterans Centers reserves the right to reject all proposals.

The Kentucky Department of Veterans Affairs, Office of Kentucky Veterans Centers has established a Proposal Evaluation Committee to review, evaluate and verify information submitted by the offeror.

Each vendor is responsible for submitting all relevant, factual and correct information with their offer to enable the evaluator(s) to afford each vendor the maximum score based on the available data submitted by the vendor.

The Kentucky Department of Veterans Affairs, Office of Kentucky Veterans Centers shall evaluate the proposals by assigning scores as indicated.

Technical Proposal Evaluation

Criteria Maximum Points Possible Mandatory Requirement

Requirements that include the words “Shall”, “Will”, “Must” indicate a mandatory requirement.

Mandatory Requirement means a condition set out in the specifications or statement of work that must be met without exception.

PROPOSALS THAT DO NOT MEET MANDATORY

REQUIREMENTS WILL BE DEEMED NON-

RESPONSIVE AND WILL NOT BE CONSIDERED.

Pass/Fail

Contractor to provide an overview of company’s experience in providing pharmacy services to skilled nursing facilities in Kentucky as outlined in the scope of work in this solicitation

Contractor with 5 or more years’ experience providing Pharmacy Goods and Services to State Veterans Homes defined in 38 CFR 51, include a list of those facilities that contractor has served.

Contractor to provide monitoring process/plan with examples of documentation and criteria to be monitored, such as QAPI.

Contractor to provide explanation of their quality assurance and improvement program, include examples of reports.

Document Phase Document Description Page 11

Contractor to provide complete ordering and delivery process, including ordering, medication delivery and times, invoicing, crediting of returned pharmaceuticals, and reconciliation.

Provide a comprehensive plan for transitioning into serving OKVC Veterans Centers by July 01, 2024, if awarded contract.

Maximum Points Possible 2000

Cost Proposal Evaluation

Contractor provides medications through an approved VA Contract/model at FSS Pricing

Brand Name Medications-% below current AWP 300 Brand Name Dispensing Fee % above Medicaid Dispensing Fee

Generic Medications - % below AWP 300 Generic Dispensing Fee-% above Medicaid Dispensing Fee 200 Pharmacy Consulting Services- Per Resident Per Month 200 Optional Pharmacist Consulting Services-Per Hour Charge 200 IV Brand Medications-%below AWP 100 IV Generic Medications-%below AWP 100 IV Dispensing Fee-%below Medicaid Dispensing Fee 50 Iv Daily Pump Fee 50

Oral Demonstration/Presentation Evaluation, if required

Document Phase Document Description Page 12

Oral Presentations/Demonstrations

The Commonwealth reserves the right to require Oral Presentations/Demonstrations to verify or expand on the Technical or Cost Proposals. Oral Presentations/Demonstrations may be conducted through videoconferencing or by conference call, if it is in the best interest of the Commonwealth to do so. This is the opportunity for the vendor to present and demonstrate the solution and to answer questions or to clarify the understanding of the evaluation committee in accordance with the requirements of this RFP. The Commonwealth reserves the right to reject any or all proposals in whole or in part based on the oral presentations/demonstrations.

If required, the top 2 highest ranking vendors may be invited.

Scheduling will be at the discretion of the Commonwealth.

The Commonwealth reserves the right not to require oral presentations/demonstrations

Maximum Points Possible 500

Total Proposal Evaluation

Technical Proposal 2000

Cost Proposal 3700

Oral Demonstrations/Presentations, if required 500

MAXIMUM POINTS POSSIBLE

4.00 Schedule of RFP Activities

The following schedule presents the major activities associated with the RFP distribution, written questions and proposal submission. The Commonwealth reserves the right at its sole discretion to change the Schedule of Activities, including the associated dates and times.

Release of RFP 05/08/2024

Proposals Due by: 4:00pm 05/15/2024

All bidders are cautioned to be aware of the security in the Department of Veterans Affairs located at 1111B Louisville Road, Frankfort, Kentucky 40601. All bids shall be time stamped in the Department of Veterans Affairs no later than the due date and time defined in this Solicitation. In person or courier delivered bids in response to this Solicitation shall be delivered to Department of Veterans Affairs Attention Stephanie Belt. Delays due to building security checks shall not be justification for acceptance of a late bid.

Document Phase Document Description Page 13

*NOTE: ALL TIME REFERENCES ARE TO THE EASTERN TIME ZONE.

5.00 Offeror’s Conference

Not Applicable.

6.00 Point of Contact

The Agency Contact named below shall be the sole point of contact throughout the procurement process. All communications, oral and written (regular mail, express mail or electronic mail), concerning this procurement shall be addressed to:

Stephanie Belt Department of Veterans Affairs 1111B Louisville Road Frankfort, KY 40601 sbelt@ky.gov

From the issue date of this RFP until a Contractor(s) is selected and the selection is announced, Offerors shall not communicate with any other Commonwealth staff concerning this RFP.

7.00 Questions Regarding this RFP

Questions must be submitted in writing to the Agency Contact. The Commonwealth will respond to salient questions in writing by issuing an Addendum to the Solicitation. The Addendum shall be posted to the Commonwealth’s eProcurement page.

8.00 Proposal Submission

Hard Copy Proposals

Each qualified offeror shall submit only four (4) proposals. Alternate proposals shall not be allowed. Failure to submit as specified shall result in a non-responsive proposal.

The vendor should complete the "Vendor" box on the face of the solicitation. An authorized representative of the vendor shall sign where indicated on the face of the solicitation. Signature is not required if proposals are submitted electronically.

Acknowledgment of Addenda

It is the vendor's responsibility to check the web site for any modifications to this solicitation. Vendors are encouraged to acknowledge each addendum by signing and submitting the latest addendum with their response. However, signing the face of the solicitation as indicated above constitutes the vendor’s acknowledgement of and agreement to be bound by the terms of all addenda issued.

Failure to specifically acknowledge addenda will not excuse the vendor from adhering to all changes to the requirements of the solicitation set forth therein nor provide justification for any pricing changes.

Document Phase Document Description Page 14

All submitted technical and cost proposals shall remain valid for a minimum of six (6) months after the proposal due date.

8.10 Format of Response

Hard Copy Proposals

A. Proposals shall be submitted in three (3) parts: The Technical Proposal, the Cost Proposal, and if applicable the Proprietary Information.

1. The Technical Proposal should include four (4) marked original hard/paper copy technical and number marked technical thumb/flash drives (in Microsoft Word, Microsoft Excel or PDF format ONLY). Do not include embedded documents, hyperlinks or hyperlinks to videos.

2. The Cost Proposal should include four (4) marked original hard/paper copy cost and number marked cost thumb/flash drives (in Microsoft Word, Microsoft Excel or PDF format ONLY). Do not include embedded documents, hyperlinks or hyperlinks to videos.

3. Any Proprietary Information should include four (4) marked original hard/paper copy proprietary and number marked proprietary data thumb/flash drives (in Microsoft Word, Microsoft Excel, or PDF format ONLY). Do not include embedded documents, hyperlinks or hyperlinks to videos.

Proposal shall be submitted to the Agency Contact. The outside cover of the package containing the technical proposal shall be marked:

Pharmacy Goods and Services

TECHNICAL PROPOSAL

Name of Offeror

The outside cover of the package containing the cost proposal shall be marked:

RFP 074 2400000421

COST PROPOSAL

If applicable, the outside cover of the package containing the proprietary shall be marked:

Document Phase Document Description Page 15

PROPRIETARY PROPOSAL

All proposals must be received no later than 4:00pm May 15, 2024.

Pricing shall only be provided in the Cost Proposal. DO NOT SUBMIT ANY PRICING INFORMATION IN

THE TECHNICAL PROPOSAL.

All submitted Technical and Cost Proposals shall remain valid for a minimum of six (6) months after the proposal due date.

8.20 Format of Technical Proposal

The Technical Proposal must be arranged and labeled in the manner set forth below.

Transmittal Letter – a Transmittal letter shall be submitted on Offeror’s letterhead and signed by an agent authorized to bind the Offeror. The Transmittal letter shall include the following:

a. A statement that deviations are included, if applicable.

b. A statement that proprietary information is included, if applicable.

c. A statement that, if awarded a contract as a result of this Solicitation, the Offeror shall comply in full with all the requirements of the Kentucky Civil Rights Act, and shall submit all data required by KRS 45.560 to 45.640.

d. A sworn statement that, pursuant to KRS 11A.040, that Offeror has not knowingly violated any provisions of the Executive Branch Code of Ethics.

e. A statement certifying that the price in this proposal was arrived at independently without collusion, consultation, communication, or agreement as to any matter relating to such prices with any other Offeror or with any competitor.

f. A statement affirming that the Offeror is properly authorized under the laws of the Commonwealth of Kentucky to conduct business in this state and will remain in good standing with the Office of the Kentucky Secretary of State for the duration of any awarded contract resulting from this Solicitation.

g. The name, address, telephone number and email address and website address, if available, of the contract person to serve as a point of contact for day-to-day operations.

h. Subcontractor information to include the name of the company, address, telephone number and contact name, if applicable.

i. Foreign entity’s organization number issued by the Secretary of State in a certificate of authority or a statement of foreign qualification, if applicable.

Document Phase Document Description Page 16

Completed and Signed Solicitation and Addenda – An authorized representative MUST complete and sign the Solicitation form and include the following:

a. “Vendor” box and “Payment” box should be completed.

b. Vendor shall indicate ownership type.

c. Vendor shall provide “FEIN” if applicable.

d. Vendor shall provide date the form is completed and signed.

e. Signed face of the most recent Addenda, if applicable.

Signed and Notarized Required Affidavit for Bidders or Offerors - available at the following link:

https://finance.ky.gov/office-of-the-secretary/Pages/finance-forms.aspx.

Signed and Notarized Required Affidavit for Bidders, Offerors and Contractors Claiming Resident Bidder Status – if applicable. Available at the following link:

https://finance.ky.gov/office-of-the-secretary/Pages/finance-forms.aspx.

*Offerors not claiming Resident Bidder Status need not submit this affidavit.

Signed and Notarized Required Affidavit for Bidders, Offerors and Contractors Claiming Qualified Bidder Status – if applicable. Available at the following link:

https://finance.ky.gov/office-of-the-secretary/Pages/finance-forms.aspx.

*Offerors not claiming Qualified Bidder Status need not submit this affidavit.

Response to the Technical Portion of the RFP – Please provide a detailed response to the technical requirements outlined in the Evaluation Criteria. No cost information shall be provided in the technical portion.

8.30 Format of Cost Proposal

The Cost Proposal must be submitted under separate cover from the Technical Proposal and must be arranged and labeled in the manner specified. The proposal with the lowest price receives the maximum score. The remaining proposals with the next lowest price receives points by dividing the lowest price by the next lowest price and multiplying that percentage by the available points.

8.40 Certification Regarding Debarment and Suspension

In accordance with Federal Acquisition Regulation 52.209-5, the Offeror shall certify, by signing the Solicitation, that to the best of its knowledge and belief, the Offeror and/or its Principals is (are) not presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any state or federal agency.

For the purposes of this certification, “Principals”, means officers, directors, owners, partners, and persons having primary management or supervisory responsibilities within a business entity (e.g., general manager, plant manager, head of subsidiary, division, or business segment, and similar positions.

9.00 Rules of Procurement

To facilitate this procurement, various rules have been established. These are described in the following paragraphs.

Offerors should review and comply with the General Conditions and Instructions for Solicitation/Contract listed under “Response to Solicitation” located on the eProcurement web page at https://finance.ky.gov/eProcurement/Pages/doing-business-with-the-commonwealth.aspx

The procurement process will provide for the evaluation of proposals and selection of the winning proposal in accordance with state law and regulations. KRS Chapter 45A of the Kentucky Model Procurement Code provides the regulatory framework for the procurement of services by state agencies.

Document Phase Document Description Page 17

2400000421 Final 074/ Pharmacy Goods and Services Total Pages: 28 https://finance.ky.gov/office-of-the-secretary/Pages/finance-forms.aspx https://finance.ky.gov/office-of-the-secretary/Pages/finance-forms.aspx https://finance.ky.gov/office-of-the-secretary/Pages/finance-forms.aspx https://finance.ky.gov/eProcurement/Pages/doing-business-with-the-commonwealth.aspx

9.10 Technical Proposal Evaluation

The Department of Veterans Affairs-Office of Kentucky Veterans Centers will evaluate the proposal based on the technical portion of the Evaluation Criteria. Each Offeror is responsible for submitting all relevant, factual and correct information with their offer to enable the evaluator(s) to afford each vendor the maximum score based on the available data submitted by the Offeror. Past Offeror Performance may be considered in the award of this Contract. Offerors with a record of poor performance in the last twelve (12) months may be found non-responsible and ineligible for award.

9.20 Cost Proposal Evaluation

The Department of Veterans Affairs-Office of Kentucky Veterans Centers will evaluate the proposal based on the cost portion of the Evaluation Criteria.

9.30 Right to Reject/Waiver of Minor Irregularities

The Commonwealth reserves the right at its discretion to reject any and all offers. The Commonwealth also reserves the right at its discretion to waive informalities and minor irregularities in offers received.

9.40 Clarification of Proposals

The Commonwealth reserves the right at its discretion to request additional information as may reasonably be required for selection and to reject any proposals for failure to provide additional information on a timely basis.

The Commonwealth reserves the right to conduct discussions with any Offeror who has submitted a proposal to determine the Offeror’s qualifications for further consideration. Such discussions shall not disclose any information derived from proposals submitted by other Offerors.

9.50 Best and Final Offers

The Commonwealth reserves the right at its discretion to request a Best and Final Offer (BAFO) for technical and/or cost proposals. Offerors are cautioned to propose their best possible offers at the outset of the process, as there is no guarantee that any Offeror will be allowed an opportunity to submit a Best and Final technical and/or cost offer.

9.60 Vendor Response and Public Inspection

This RFP specifies the format, required information and general content of proposals to be submitted in response to the RFP. The Kentucky Department of Veterans Affairs/Office of Kentucky Veterans Centers shall not disclose any portions of the proposals prior to contract award to anyone outside the Kentucky Department of Veterans Affairs/Office of Kentucky Veterans Centers, representatives of the agency for whose benefit the contract is proposed, representatives of the federal government, if required, and the members of the evaluation committee. After a contract is awarded in whole or in part, the Commonwealth shall have the right to duplicate, use, or disclose all proposal data submitted by Offerors in response to this RFP as a matter of public record.

Any and all documents submitted by an Offeror in response to the RP shall be available for public inspection after contract award pursuant to the Kentucky Open Records Act, KRS 61.870 to 61.884 (“the Act”). When responding to a request to inspect records submitted in response to this RFP, the Commonwealth will not redact or withhold any information or documents unless the records sought are exempt from disclosure pursuant to KRS 61.878 or other applicable law. Similarly, no such documents shall be exempt from public disclosure, regardless of the Offeror’s designation of the information contained therein as “proprietary,” “confidential,” or otherwise, except in cases where the requested documents (or information contained therein) would be excluded from application of the Act under KRS 61.878(1)(c).

The Commonwealth of Kentucky shall have the right to use all system ideas, or adaptations of those ideas, contained in any proposal received in response to this RFP. Selection or rejections of the proposal will not affect this right.

9.70 Reciprocal Preference for Kentucky Resident Bidders and Preferences for a Qualified Bidder

Document Phase Document Description Page 18

The scoring of bids/proposals is subject to the reciprocal preference for Kentucky resident bidders and preferences for a Qualified Bidder or the Department of Corrections, Division of Prison Industries (See KRS 45A.490(1), (2), 45A.492, 45A.494 and KAR 200 5:410).

Vendors not claiming resident bidder or qualified bidder status need not submit the corresponding affidavit.

Determining the residency of a bidder for purposes of applying a reciprocal preference

Any individual, partnership, association, corporation, or other business entity claiming resident bidder status shall submit the attached Required Affidavit for Bidders, Offerors and Contractors Claiming Resident Bidder Status as part of its response. The Kentucky Department of Veterans Affairs/Office of Kentucky Veterans reserves the right to request documentation supporting a bidder’s claim of resident bidder status. Failure to provide such documentation upon request shall result in disqualification of the bidder or contract termination.

As part of its response, a nonresident bidder shall submit its certificate of authority to transact business in the Commonwealth of Kentucky, Secretary of State. The location of the principal office identified therein shall be deemed the state of residency for that bidder. If the bidder is not required by law to obtain said certificate, the state of residency for that bidder shall be deemed to be that which is identified in its mailing address as provided in its bid.

Preferences for Qualified Bidder or the Department of Corrections, Division of Prison Industries (200 KAR 5:410)

Pursuant to KRS 45A.470 and 200 KAR 5:410, Kentucky Correctional Industries will receive a preference equal to twenty (20) percent of the maximum points awarded to a bidder in a solicitation. In addition, the following “qualified bidders” will receive a preference equal to fifteen (15) percent of the maximum points awarded to a bidder in a solicitation. New Vision Industries, Inc., any nonprofit corporation that furthers the purposes of KRS Chapter 163 and any qualified nonprofit agencies for individuals with severe disabilities as defined in KRS 45A.465(3). Any bidder claiming “qualified bidder” status, other than New Vision Industries, Inc., shall submit a notarized affidavit affirming that it meets the requirements to be considered a qualified bidder as part of its response to the solicitation (affidavit form included as part of this RFP). If requested, failure to provide documentation proving qualified bidder status to a public agency, if requested, may result in disqualification of the bidder or contract termination.

9.80 Negotiation

After conducting the evaluation to determine the best proposal received, the Kentucky Department of Veterans Affairs/ Office of Kentucky Veterans Centers reserves the right to negotiate a fair and reasonable compensation based on the pricing submitted in the Offeror’s proposal. If the negotiations fail to reach an agreement on a fair and reasonable compensation rate, the Kentucky Department of Veterans Affairs/Office of Kentucky Veterans Centers reserves the right to proceed to the next highest ranked proposal. Other terms and conditions relating to the technical and/or cost proposals may be negotiated at the sole discretion of the Commonwealth.

9.85 Best Interests of the Commonwealth

The Commonwealth will rank all proposals in the manner set forth in the Evaluation Criteria. However, the Commonwealth reserves the right to reject any or all proposals in whole or in part before, during, or after negotiation based on the best interests of the Commonwealth.

CONTRACT AWARD, TERMS, AND CONDITIONS

10.00 Notification of Award

Document Phase Document Description Page 19

To view the award of contract(s), including the contractor(s) receiving the award(s) for this solicitation, access the Kentucky Vendor Self Service Site at:

https://vss.ky.gov

Offerors can search for the solicitation title or number in the keyword search field or filter their search for only awarded solicitations by clicking on “Advanced Search” and changing the status to “awarded.” The award(s) information can be accessed by clicking on the details button of the solicitation and clicking the “Notice of Award” tab. It is the Offeror’s responsibility to review this information in a timely fashion. No other notification of the results of an Award of Contract will be provided to unsuccessful Offerors.

10.10 Beginning of Work

This Contract is not effective and binding until approved by the Secretary of the Finance and Administration Cabinet and filed with the Legislative Research Commission’s Government Contract Review Committee. The Contractor shall not commence any billable work until a valid Contract has been fully executed. This Contract, including the components referenced in Section 10.20, shall represent the entire agreement between the parties. Prior negotiations, representations, or agreements, either written or oral, between the parties hereto relating to the subject matter hereof shall be of no effect upon this Contract.

10.20 Contract Components and Order of Precedence

The Commonwealth’s acceptance of the Contractor’s offer in response to the Solicitation, indicated by the issuance of a Contract Award, shall create a valid contract between the Parties consisting of the following:

1. Procurement Statutes, Regulations and Policies

2. Any written Agreement between the Parties.

3. Any Addenda to the Solicitation.

4. The Solicitation and all attachments

5. Any Best and Final Offer.

6. Any clarifications concerning the Contractor’s proposal in response to the Solicitation.

7. The Contractor’s proposal in response to the Solicitation.

In the event of any conflict between or among the provisions contained in the Contract, the order of precedence shall be as enumerated above.

10.30 Contract Term and Renewal Option

The initial term of the Contract is anticipated to…