HSS_11050-AntiviralStockpileRelabeling_rfp.pdf

STATE OF DELAWARE

DELAWARE HEALTH

AND SOCIAL SERVICES

Division of Management Services

1901 N. DuPont Highway

New Castle, DE 19720

REQUEST FOR PROPOSAL NO. HSS 11 050

FOR

ANTIVIRAL STOCKPILE RELABELING

THE DIVISION OF PUBLIC HEALTH

DELAWARE HEALTH AND SOCIAL SERVICES

417 FEDERAL STREET

JESSE COOPER BUILDING

DOVER, DE 19901

Deposit Waived

Performance Bond Waived

Date Due: April 7, 2011

11:00 A.M. LOCAL TIME

A mandatory pre-bid meeting will be held on March 11, 2011 at 9:30am at Division of Public

Health Warehouse, Conference Room, 1575 McKee Road, Suite 6, Dover, DE 19904.

"All Bidders Who Wish To Bid On This Proposal Must Be Present, On Time, At The

Mandatory Pre-Bid Meeting. No Proposals Will Be Accepted From Bidders Who Either

Did Not Attend The Mandatory Pre-Bid Meeting Or Who Are More Than Fifteen (15)

Minutes Late. Due to space limitations bidders are requested to limit attendance to 2 individuals. Bidders should RSVP by calling (302) 255-9290.

REQUEST FOR PROPOSAL # HSS 11 050

Proposals for Antiviral Stockpile Relabeling for the Division of Public Health, Delaware

Health and Social Services, 417 Federal Street, Jesse Cooper Building, Dover, DE 19901, will be received by:

Delaware Health and Social Services

Herman M. Holloway Sr. Campus

Procurement Branch

Main Administration Bldg, Sullivan Street

Second Floor, Room #257

1901 North DuPont Highway, New Castle, Delaware 19720

Proposals will be accepted until 11:00am on April 7, 2011. At which time the proposals will be opened and read.

A mandatory pre-bid meeting will be held on March 11, 2011 at 9:30am at Division of Public

Health Warehouse, Conference Room, 1575 McKee Road, Suite 6, Dover, DE 19904. For further information please call 302-255-9290.

"All Bidders Who Wish To Bid On This Proposal Must Be Present, On

Time, At The Mandatory Pre-Bid Meeting. No Proposals Will Be Accepted

From Bidders Who Either Did Not Attend The Mandatory Pre-Bid Meeting

Or Who Are More Than Fifteen (15) Minutes Late."

In the event that state offices are closed on the day of the pre-bid meeting due to a State of

Emergency declared by the Governor of Delaware, the pre-bid meeting will be cancelled or postponed. The status of the pre-bid meeting will be posted to the RFP website as soon as possible at http://bids.delaware.gov. If the pre-bid meeting is cancelled, written questions will be accepted, in lieu of the pre-bid meeting, in accordance with the instructions presented in

Section VI. I. of this document. If the pre-bid meeting is postponed, the new date and time will be posted to the RFP website.

Obtaining Copies of the RFP

This RFP is available in electronic form [only] through the State of Delaware Procurement

Website at http://bids.delaware.gov.

Public Notice

Public notice has been provided in accordance with 29 Del. C. § 6981 http://bids.delaware.gov/

NOTIFICATION TO BIDDERS

Bidder shall list all contracts awarded to it or its predecessor firm(s) by the State of Delaware;

during the last three years, by State Department, Division, Contact Person (with address/phone number), period of performance and amount. The Evaluation/Selection Review Committee will consider these Additional references and may contact each of these sources. Information regarding bidder performance gathered from these sources may be included in the Committee's deliberations and factored in the final scoring of the bid. Failure to list any contract as required by this paragraph may be grounds for immediate rejection of the bid."

There will be a ninety (90) day period during which the agency may extend the contract period for renewal if needed.

IMPORTANT: ALL PROPOSALS MUST HAVE OUR RFP NUMBER (HSS 11 050)

ON THE OUTSIDE ENVELOPE. IF THIS NUMBER IS OMITTED YOUR PROPOSAL

WILL IMMEDIATELY BE REJECTED.

FOR FURTHER BIDDING INFORMATION PLEASE CONTACT:

BRUCE KRUG

PROCUREMENT BRANCH

MAIN ADMIN BLD, SULLIVAN STREET

ND

FLOOR –ROOM #257

1901 NORTH DUPONT HIGHWAY

HERMAN M. HOLLOWAY SR. HEALTH AND

SOCIAL SERVICES CAMPUS

NEW CASTLE, DELAWARE 19720

PHONE: (302) 255-9290

IMPORTANT: DELIVERY INSTRUCTIONS

IT IS THE RESPONSIBILITY OF THE BIDDER TO ENSURE THAT THE

PROPOSAL HAS BEEN RECEIVED BY THE DEPARTMENT OF

HEALTH AND SOCIAL SERVICES BY THE DEADLINE.

ATTENTION BIDDERS: Your proposal must include a cover letter and the forms in

Appendices C, D, E, and F signed and all information on the forms complete.

The issuance of this Request for Proposals (RFP) neither commits the

Delaware Department of Health and Social Services, Division of Public Health, to award a contract, to pay any costs incurred in the preparation of a proposal or subsequent negotiations, nor to procure or contract for the proposed services. The Division reserves the right to reject or accept any or all proposals or portion thereof, to cancel in part or in its entirety this Request for Proposals, or to delay implementation of any contract which may result, as may be necessary to meet the Department's funding limitations and processing constraints. The Department and Division reserve the right to terminate any contractual agreement upon fifteen (15) days notice in the event that the State determines that State or

Federal funds are no longer available to continue the contract.

Organizations Ineligible to Bid

Any individual, business, organization, corporation, consortium, partnership, joint venture, or any other entity including subcontractors currently debarred or suspended is ineligible to bid.

Any entity ineligible to conduct business in the State of Delaware for any reason is ineligible to respond to the RFP.

REQUEST FOR PROPOSAL

ANTIVIRAL STOCKPILE RELABELING

DELAWARE DIVISION OF PUBLIC HEALTH

Availability of Funds

Funds are available for the selected vendor to provide services in the area of

Antiviral Stockpile Relabeling. The initial contract term will expire on July 30, 2011. There is the possibility of subsequent intermittent renewals not to exceed a time period ending May 31, 2015. However, the specific project identified in the scope of services section of this RFP must be completed by July 30, 2011.

Pre-Bid Meeting

A pre-bid meeting will be required. The meeting will be on March 11, 2011 at

9:30am at the following location.

Division of Public Health Warehouse

Conference room

1575 McKee Road

Suite 6

Dover, DE 19904

All bidders who wish to bid on this proposal must be present on time at the mandatory pre-bid meeting. No proposals will be accepted from agencies that either did not attend the mandatory Pre-Bid Meeting or who are MORE than 15 minutes late. Bidders may ask clarifying questions regarding this request for proposal at the pre bid meeting. Responses to questions posed at the pre-bid meeting will be distributed to bidders attending the pre-bid meeting.

Further Information

Inquiries regarding this RFP should be addressed to:

Timothy D. Sexton

Logistics Branch Manager

E-mail Address: Timothy.Sexton@state.de.us

Fax: 302-857-5901 mailto:Timothy.Sexton@state.de.us

Restrictions on Communications with State Staff

From the issue date of this RFP until a contractor is selected and the selection is announced, bidders are NOT allowed to contact any Division of Public Health staff, except those specified in this RFP, regarding this procurement. Contact between contractors and Timothy Sexton is restricted to emailed or faxed questions concerning this proposal. Questions must be submitted in writing and will be addressed in writing.

Questions are due by March 4, 2011 and will be addressed at the pre-bid meeting. The complete list of questions and their answers will be released via e-mail or fax to the vendors that submitted any questions or attended the pre-bid meeting. The complete list of questions and their answers will also be posted on the internet at http://bids.delaware.gov

Following the pre-bid meeting, bidder communication is limited to Bruce Krug, Procurement Administrator, Delaware Health and Social Services. The central phone number for the Procurement office is (302) 255-9290.

Contact with State Employees

Direct contact with State of Delaware employees other than the State of

Delaware Designated Contact(s) regarding this RFP is expressly prohibited without prior consent. Vendors directly contacting State of Delaware employees risk elimination of their proposal from further consideration.

Exceptions exist only for organizations currently doing business in the State who require contact in the normal course of doing that business. In the case of such exception, communication may not include an active RFP.

ANTIVIRAL STOCKPILE RELABELING

DELAWARE DIVISION OF PUBLIC HEALTH

l. INTRODUCTION

A. Background

The mission of the Division of Public Health is to protect and enhance the health of the people of Delaware. The Division accomplishes its mission by:

working together with others;

addressing issues that affect the health of Delawareans;

keeping track of the State’s health;

promoting positive lifestyles;

promoting the availability of health services.

The accomplishment of this mission will facilitate the Division in realizing its vision of creating an environment in which people in Delaware can reach their full potential for a healthy life.

Overview - During the 2009 H1N1 influenza public health emergency, the

US Food and Drug Administration (FDA) issued Emergency Use

Authorizations (EUAs) that authorized certain unapproved uses of Tamiflu and Relenza. This provided certain lots of Tamiflu Oral Suspension, Tamiflu capsules and Relenza Inhalation Powder to be used beyond their labeled expiration dates. The FDA notified the Centers for Disease

Control and Prevention (CDC) that the EUAs terminated on June 23, 2010. The CDC recommends that all antiviral drugs in state stockpiles, including those with the expired EUAs, be reserved for use in future pandemic influenza emergencies.

Antivirals with expired labels may be distributed, but only under specific guidelines. The FDA recommends, to minimize confusion on the part of healthcare providers and patients, that “prior to dispensing, the identified lots be relabeled/repackaged by an FDA-registered firm in accordance with applicable Current Good Manufacturing Practice

(CGMP) requirements under 21 CFR 210, 211.” Certain lots of Relenza and Tamiflu were granted two-year shelf life extensions by the FDA. The

Delaware Division of Public Health’s stockpile contains lots which were granted this expiry extension.

The Delaware Division of Public Health seeks an FDA-registered relabeler/repackager firm to provide relabeling services of the stockpile of antivirals held by the Division of Public Health. The volume to be relabeled is 6,896 courses of Relenza and 15,696 courses of Tamiflu. The process will include transportation to selected bidder site, unpacking, relabeling, repacking bottles, cartons, boxes and pallets, and return transportation back to the Division of Public Health. The pallet count is as follows:

Pallet Approximate Weight and Size

Tamiflu: Pallet #1 359 lbs. 40”Wx48”Lx42”H

Pallet #2 355 lbs. 40”Wx48”Lx42”H

Pallet #3 352 lbs. 40”Wx48”Lx42”H

Relenza: Pallet #1 294 lbs. 40”Wx48”Lx50”H

Pallet #2 252 lbs. 40”Wx48”Lx50”H

Pallet #3 263 lbs. 40”Wx48”Lx50”H

Pallet #4 252 lbs. 40”Wx48”Lx50”H

Pallet #5 261 lbs 40”Wx48”Lx50”H

Pallet #6 259 lbs. 40”Wx48”Lx50”H

Pallet #7 256 lbs. 40”Wx48”Lx50”H

B. Project Goals

To select an FDA-registered relabeler/repackager firm to provide relabeling services of the stockpile of antivirals held by the Division of

Public Health.

To relabel certain FDA approved lots of Tamiflu and Relenza granted a two-year self life extension by the FDA.

ll. SCOPE OF SERVICES

All components listed in this section are mandatory.

The Selected bidder shall transport the antivirals from the Division of Public

Health’s site to the Contractor’s location and ensure that the antivirals are maintained at a controlled room temperature, as defined by the United

States Pharmacopoeia (USP), during shipping (excursion) and storage. The selected bidder must also provide proof temperature control has been maintained while the antivirals are in excursion and storage. The United

States Pharmacopoeia (USP) defines controlled room temperature as a temperature that is maintained by thermostat and is between 20 and 25 degrees Celsius (60 to 77 degrees Fahrenheit) in a dry location.

The Selected bidder shall ensure detailed tracking and loss prevention methods will be utilized, both during transportation and warehousing, while the antivirals are in the Selected bidder’s possession.

The Selected bidder shall provide all resources required to complete the task of relabeling the antiviral doses to extend expiry shelf life per FDA protocol.

The resources required shall include, but not be limited to: personnel, quality control measures, creating and printing labels, box re-sealing supplies, transportation logistics, and security measures.

The Selected bidder shall be responsible to obtain and retain the Material

Safety Data Sheets for each course of Relenza and Tamiflu.

The Selected bidder shall be responsible to individually unpack, relabel, and repack in same lots as received each course of Relenza and Tamiflu following approved FDA protocols. The Selected bidder shall ensure that the new labels meet the technical and legal requirements of the FDA in size, shape, location, and information contained. The selected bidder must submit proofs of the labels as they would appear on the product to the

Division of Public Health for approval prior to affixing labels to any product.

Each course will then be repacked into its original configuration and repacked in multi-course cases as shipped. The cases are to be re-sealed and palletized for transport.

FDA Protocols:

Tamiflu Capsules Bottles: The registered relabeler/repackager shall place a sticker over the old expiry date that does not obstruct any of the other label information with the appropriate 7 Year Expiry Date from the table below and the following statement: “FDA has determined that it is scientifically supportable to use this product until [Enter 7 Year Expiry Date from tables below]”

Tamiflu Capsules Bottles

Lot Number Unit Original Expiry Date

Extended 7 Year Expiry Date

U4033-01 Bottle October 31, 2011 October 31, 2013

Relenza Dishalers: The registered relabeler/repackager shall place a sticker over the old expiry date that does not obstruct any of the other label information with the appropriate 7 Year Expiry Date from the table below.

The registered relabeler/repackager shall place the product in a sleeve and include the following statement with the product: “FDA has determined that it is scientifically supportable to use this product until [Enter 7 Year Expiry Date from tables below]”

Relenza Dishalers

Lot Number Unit Original Expiry Date

Extended 7 Year Expiry Date

293 Box October 31, 2011 October 31, 2013

307 Box October 31, 2011 October 31, 2013

308 Box October 31, 2011 October 31, 2013

The Selected bidder shall ensure that quality control measures will be utilized and perform these measures to ensure compliance.

The Relenza is an inhaler in a box. The unit, the box, and the case will need to be relabeled. The Tamiflu is in bottle form, and will require the unit and the case to be relabeled.

The Selected bidder shall be responsible for transporting the antivirals from the Division of Public Health’s Warehouse, 1575 McKee Road, Suite 6, Dover, DE 19904 to the Selected bidder’s location for relabeling.

Transportation shall include, but not be limited to:

obtaining a detailed quote from a transportation company contracting with a transportation company ensuring proper security measures are followed coordinating with the Division of Public Health’s contact person to obtain and return the antivirals

The Selected bidder must provide the Division of Public Health with the name of the transportation vendor with their bid. (FedEX Custom Critical preferred).

The Selected bidder shall report the number of courses of Relenza and

Tamiflu received.

The Selected bidder shall immediately report any discrepancy in the number of courses shipped to the actual courses received by the Contractor.

The Selected bidder shall report weekly: The number of courses relabeled and the remaining number of courses to relabel, by drug and lot number.

The quality control measures utilized, number of courses examined, and results of the quality control tests.

All travel expenses and shipping costs should be included within bid.

lll. SPECIAL TERMS AND CONDITIONS

A. Length of Contract

The initial contract term will expire on July 30, 2011. There is the possibility of subsequent intermittent renewals not to exceed a time period ending

May 31, 2015 contingent on funding and additional needs to be addressed. The specific project identified in the scope of services section of this RFP must be completed by July 30, 2011.

B. Subcontractors

The use of subcontractors will be limited to transportation of antivirals to and from selected bidder’s location for relabeling. If a subcontractor is going to be used, this needs to be specified in the proposal, with an identification of the proposed subcontractor, the service(s) to be provided, and its qualifications to provide such service(s). Subcontractors will be held to the same requirements as the primary contractor. The contract with the primary contractor will bind sub or co-contractors to the primary contractor by the terms, specifications, and standards of the RFP.

All such terms, specifications, and standards shall preserve and protect the rights of the agency under the RFP and any subsequent proposals and contracts with respect to the services performed by the sub or co-contractor, so that the sub or co-contractor will not prejudice such rights.

Nothing in the RFP shall create any contractual relation between any sub or co-contractor and the agency.

The proposed subcontractors must be approved by the Division of Public

Health.

C. Funding Disclaimer Clause

Delaware Health and Social Services reserves the right to reject or accept any bid or portion thereof, as may be necessary to meet the

Department’s funding limitations and processing constraints. The

Department reserves the right to terminate any contractual agreement upon fifteen (15) calendar days written notice in the event the state determines that state or federal funds are no longer available to continue said contractual agreement.

D. Reserved Rights

Notwithstanding anything to the contrary, the Department reserves the right to:

Reject any and all proposals received in response to this RFP;

Select a proposal other than the one with the lowest cost;

Waive or seek clarification on any information, irregularities, or inconsistencies in proposals received;

Negotiate as to any aspect of the proposal with the bidder and negotiate with more than one bidder at a time;

If negotiations fail to result in an agreement within two (2) weeks, the

Department may terminate negotiations and select the next most responsive bidder, prepare and release a new RFP, or take such other action as the Department may deem appropriate.

E. Termination Conditions

The Department may terminate the contract resulting from this RFP at any time that the vendor fails to carry out its provisions or to make substantial progress under the terms specified in this RFP and the resulting proposal.

Prior to taking the appropriate action as described in the contract, the

Department will provide the vendor with thirty (30) days notice of conditions endangering performance. If after such notice the vendor fails to remedy the conditions contained in the notice, the Department shall issue the vendor an order to stop work immediately and deliver all work and work in progress to the State. The Department shall be obligated only for those services rendered and accepted prior to the date of notice of termination.

The Contract may be terminated in whole or part:

a) by the Department upon five (5) calendar days written notice for cause or documented unsatisfactory performance,

b) by the Department upon fifteen (15) calendar days written notice of the loss of funding or reduction of funding for the stated Contractor services,

c) by either party without cause upon thirty (30) calendar days written notice to the other Party, unless a longer period is specified.

F. Contractor Monitoring/Evaluation

The contractor may be monitored/evaluated on-site on a regular basis.

Failure of the contractor to cooperate with the monitoring/evaluation process or to resolve any problem(s) identified in the monitoring/evaluation may be cause for termination of the contract.

G. Payment:

The agencies or school districts involved will authorize and process for payment each invoice within thirty (30) days after the date of receipt. The contractor or vendor must accept full payment by procurement (credit) card and or conventional check and/or other electronic means at the

State’s option, without imposing any additional fees, costs or conditions.

H. W-9 Information Submission

Effective January 5, 2009, a new vendor process and use of the new

Delaware Substitute Form W-9 will be implemented by the Delaware

Division of Accounting. With the development of the new Delaware

Substitute Form W-9, state organizations will no longer be responsible for collecting the Form W-9 from vendors. The vendor will have the capability of submitting the required Form W-9 electronically and directly to the

Delaware Division of Accounting for approval. The vendors will submit their Form W-9 by accessing this website, http://accounting.delaware.gov/. The vendor will complete the secure form, read the affirmation, and submit the form by clicking the “Submit” button. Delaware Division of Accounting staff will review the submitted form for accuracy, completeness, and standardization. Once all the requirements are met, the form will be uploaded to the vendor file and approved. The vendor is then able to be paid for services provided.

For those vendors that do not have internet access, a printable version of the Delaware Substitute Form W-9 can be faxed or mailed to the vendor.

Upon completion, the vendor will then fax or mail the form directly to the vendor staff at the Delaware Division of Accounting. All vendor requests, additions and changes, will come directly from the vendor. Questions for http://accounting.delaware.gov/ vendors who do not have internet access, contact vendor staff at (302)

734-6827.

This applies only to the successful bidder and should be done when successful contract negotiations are completed. It is not required to be done as part of the submission of the bidder’s proposal.

lV. FORMAT AND CONTENT OF RESPONSE

Proposals shall contain the following information, adhering to the order as shown:

A. Bidder’s Signature Form

This form, found in the Appendix C, must be completed and signed by the bidder’s authorized representative.

B. Title Page

The Title page shall include: 1) the RFP subject; 2) the name of the applicant; 3) the applicant’s full address; 4) the applicant’s telephone number; 5) the name and title of the designated contact person; and 6) bid opening date (due date: April 7, 2011 at 11:00am).

C. Table of Contents

The Table of Contents shall include a clear and complete identification of information presented by section and page number.

D. Confidential Information

The following items, if required in response to this RFP, are to be included in a separate section of your proposal and marked as confidential.

These items are: 1) any financial information relating to the company or organization (not the RFP pricing or budget); 2) Organization Charts.

E. Qualifications and Experience

This section shall contain sufficient information to demonstrate experience and staff expertise to carry out the project. A statement must be included that the vendor either has or certifies he/she will secure a Delaware Business License prior to initiation of the project.

Attach articles of incorporation and IRS certification of tax exempt status if applicable.

The specific individuals who will work on this project must be identified, along with the nature and extent of their involvement. The qualifications of these individuals shall be presented (in resumes or other formats). If conducting this project will require hiring of one or more individuals who are not currently employed by the bidding organization, applications shall provide detailed job descriptions, including required qualifications and experience.

If subcontractors are to be used, the proposal shall also contain similar information regarding each subcontractor.

F. Bidder References

The names and phone numbers of at least three (3) organizations/agencies for whom the vendor carried out a similar project must be included. If no similar project has been conducted, others requiring comparable skills can be used.

Bidder shall list all contracts awarded to it or its predecessor firm(s) by the

State of Delaware; during the last three years, by State Department, Division, Contact Person (with address/phone number), period of performance and amount. The Evaluation/Selection Review Committee will consider these additional references and may contact each of these sources. Information regarding bidder performance gathered from these sources may be included in the Committee’s deliberations and factored in the final scoring of the bid. Failure to list any contract as required by this paragraph may be grounds for immediate rejection of the bid.

G. Proposed Methodology and Work Plan

This section shall describe in detail the approach that will be taken to carry out the activities described in the Scope of Services section of this

RFP. Specific completion dates for the various tasks must be shown. The workplan shall outline specific objectives, activities and strategies, and resources.

H. Certification and Statement of Compliance

The bidder must include statements that the applicant agency complies with all Federal and Delaware laws and regulations pertaining to equal opportunity and affirmative action. In addition, compliance must be assured in regard to Federal and Delaware laws and regulations relating to confidentiality and individual and family privacy in health care delivery and in the collection and reporting of data. (See Appendices D

& E)

I. Standard Contract

Appendix G is a copy of the standard boilerplate contract for the State of

Delaware, Delaware of Health and Social Services, Division of Public

Health. This boilerplate will be the one used for any contract resulting from this Request for Proposal. If a bidder has an objection to any contract provisions or the RFP and its procurement provisions, objections shall be stated in the Transmittal Letter of the bidder’s proposal.

Execution of the contract is NOT required with proposal submission. The contract is provided as a courtesy for review by an interested bidder’s legal group.

V. BUDGET

Vendor will submit a line item budget, for the project specified in the scope of services of this RFP, using a format mirroring that in Appendices A & B.

Modifications to the budget after the award must be approved by the

Division of Public Health.

Applicants shall also describe any factors that may have an impact on the cost and should suggest a payment schedule contingent upon completion of the various tasks.

VI. GENERAL INSTRUCTIONS FOR SUBMISSION OF PROPOSALS

A. Number of Copies Required

Two (2) original CDs (Each Labeled as “Original”) and six (6) CD copies

(Each labeled as “Copy”). In addition, any required confidential financial or audit information relating to the company and not specifically to the proposal may be copied separately to one set of up to three (3) additional CDs (Each labeled “Corporate Confidential

Information”). All CD files shall be in PDF and Microsoft Word formats.

Additional file formats (i.e. .xls, .mpp) may be required as requested.

It is the responsibility of the bidder to ensure all submitted CDs are machine readable, virus free and are otherwise error-free. CDs (or their component files) not in this condition may be cause for the vendor to be disqualified from bidding.

Bidders will no longer be required to make hard copies of their proposals with the exception that one copy of a Cover Letter along with one copy each of the completed and signed Bidders Signature Form (Appendix C), Certification Sheet (Appendix D), Statements of Compliance Form (Appendix E), and Office of Minority and Women Business Enterprise Self- Certification Tracking Form (Appendix F) be submitted in hardcopy with original signature with their CDs. Please also include PDF versions of these forms on your CDs.

The cover letter should include: bidder recognition of all addenda posted on the RFP website (http://bids.delaware.gov.) relative to this RFP, a statement confirming the proposal remains effective through the date shown in (D) below, a statement the bidder has or agrees to obtain a

Delaware business license if awarded a contract, a statement confirming pricing was arrived at without collusion.

The responses to this RFP shall be submitted to:

BRUCE KRUG

Division of Management Services

Delaware Health and Social Services

Main Administration Building, Sullivan Street

Second Floor, Room 257

1901 North duPont Highway

New Castle, DE 19720

B. Closing Date

All responses must be received no later than April 7, 2011 at 11:00am.

Later submission will be cause for disqualification.

C. Opening of Proposals

The State of Delaware will receive proposals until the date and time shown in this RFP. Proposals will be opened only in the presence of the

State of Delaware personnel. Any unopened proposals will be returned to Vendor.

There will be no public opening of proposals but a public log will be kept of the names of all vendor organizations that submitted proposals. The contents of any proposal shall not be disclosed to competing vendors prior to contract award.

D. Proposal Expiration Date

Prices quoted in the proposal shall remain fixed and binding on the bidder at least through July 30, 2011. The State of Delaware reserves the right to ask for an extension of time if needed.

E. Acknowledgement of Understanding of Terms

By submitting a bid, each vendor shall be deemed to acknowledge that it has carefully read all sections of this RFP, including all forms, schedules and exhibits hereto, and has fully informed itself as to all existing conditions and limitations.

F. Realistic Proposals

It is the expectation of the State of Delaware that vendors can fully satisfy the obligations of the proposal in the manner and timeframe defined within the proposal. Proposals must be realistic and must represent the best estimate of time, materials and other costs including the impact of inflation and any economic or other factors that are reasonably predictable.

The State of Delaware shall bear no responsibility or increase obligation for a vendor’s failure to accurately estimate the costs or resources required to meet the obligations defined in the proposal.

G. Non-Conforming Proposals

Non-conforming proposals will not be considered. Non-conforming proposals are defined as those that do not meet the requirements of this

RFP. The determination of whether an RFP requirement is substantive or a mere formality shall reside solely within the State of Delaware

H. Notification of Acceptance

Notification of the Department's intent to enter into contract negotiations will be made in writing to all bidders.

I. Questions

All questions concerning this Request for Proposal must reference the pertinent RFP section(s) and page number(s). Questions must be in writing and can be either mailed, faxed, or emailed to:

Timothy D. Sexton

Logistics Branch Manager

Email: Timothy.Sexton@state.de.us

Fax: 302-857-5901

Deadline for submission of all questions is March 4, 2011. Written responses will be faxed or emailed to bidders no later than March 18, 2011. Responses will also be posted on the RFP website at www.bids.delaware.gov. Please include your fax number and/or your email address with your request.

J. Amendments to Proposals

Amendments to proposals will not be accepted after the deadline for proposal submission has passed. The State reserves the right at any time to request clarification and/or further technical information from any or all applicants submitting proposals.

K. Proposals Become State Property

All proposals become the property of the State of Delaware and will not be returned to the bidders. The State will not divulge any information identified as confidential at the time of proposal submission provided the information resides solely on the CD (s) marked confidential.

L. Non-Interference Clause

The awarding of this contract and all aspects of the awarded bidders contractual obligations, projects, literature, books, manuals, and any other relevant materials and work will automatically become property of the State of Delaware. The awarded bidder will not in any manner interfere or retain any information in relationship to the contractual obligations of said contract, at the time of the award or in the future tense.

mailto:Timothy.Sexton@state.de.us http://www.bids.delaware.gov/

M. Investigation of Bidder’s Qualifications

Delaware Health and Social Services may make such investigation as it deems necessary to determine the ability of the bidder to furnish the required services, and the bidder shall furnish such data as the

Department may request for this purpose.

N. RFP and Final Contract

The contents of the RFP will be incorporated into the final contract and will become binding upon the successful bidder. If the bidder is unwilling to comply with any of the requirements, terms, and conditions of the RFP, objections must be clearly stated in the proposal. Objections will be considered and may be subject to negotiation at the discretion of the state.

O. Proposal and Final Contract

The contents of each proposal will be considered binding on the bidder and subject to subsequent contract confirmation if selected. The contents of the successful proposal will be included by reference in the resulting contract.

All terms, and conditions contained in the proposal will remain fixed and valid for one (1) year after proposal due date.

P. Cost of Proposal Preparation

All costs for proposal preparation will be borne by the bidder.

Q. Proposed Timetable

The Department’s proposed schedule for reviewing proposals is outlined as follows:

Activity _________ Date

RFP Advertisement February 18, 2011

Questions Due March 4, 2011

Pre-bid Meeting March 11, 2011 at 9:30am

Answers to Questions March 18, 2011

Bid Opening April 7, 2011 at 11:00am

Selection Process Begins April 11, 2011

Vendor Selection (tentative) April 18, 2011

Project Begins May 16, 2011

R. Confidentiality and Debriefing

The Procurement Administrator shall examine the proposal to determine the validity of any written requests for nondisclosure of trade secrets and other proprietary data identified in conjunction with the Attorney

General’s Office. After award of the contract, all responses, documents, and materials submitted by the offeror pertaining to this RFP will be considered public information and will be made available for inspection, unless otherwise determined by the Director of Purchasing, under the laws of the State of Delaware. All data, documentation, and innovations developed as a result of these contractual services shall become the property of the State of Delaware. Based upon the public nature of these Professional Services (RFP) Proposals a bidder must inform the state in writing, of the exact materials in the offer which

CANNOT be made a part of the public record in accordance with

Delaware’s Freedom of Information Act, Title 29, Chapter 100 of the

Delaware Code.

If a bidder wishes to request a debriefing, he must submit a formal letter to the Procurement Administrator, Herman M. Holloway Campus, Delaware Health and Social Services Main Building, 2nd Floor, Room

257, 1901 N. duPont Highway, New Castle, Delaware 19720 within 10 days after receipt of Notice of Award. The letter must specify reasons for the request.

VII. SELECTION PROCESS

All proposals submitted in response to this RFP will be reviewed by an evaluation team composed of representatives of the Division of Public

Health, Delaware Health and Social Services, and others as may be deemed appropriate by the Department. Each proposal will be independently reviewed and rated against review criteria. Selection will be based upon the recommendations of the review committee.

A. Proposal Evaluation Criteria

The vendor will be selected through open competition and based on the review of proposals submitted in response to this request for proposals. A technical review panel will review all proposals utilizing the following criteria. A maximum of 100 points is possible.

Category Weight

Meets mandatory RFP provisions Pass/Fail

CD’s properly submitted

Forms properly submitted

1. Qualifications of vendor 30

a) Administrative Oversight

b) Past experience in successfully operating quality programs of a similar type and with a similar population

c) Quality Assurance Program details

d) Available resources

2. Methodology Proposed 25

a) services proposed fit needs as expressed in RFP

b) proposed activities follow a logical sequence

c) adequacy of workplan & timeline schedules

d) builds on existing work of the Division’s planning efforts

3. Responses to Scope of Services, Section II. 30

4. Evaluation of the proposed costs as they relate to 15 the proposed service delivery.

Total: 100

Upon selection of a vendor, a Division of Public Health representative will enter into negotiations with the bidder to establish a contract.

B. Consultants and Legal Counsel

The State of Delaware may retain consultants or legal counsel to assist in the review and evaluation of this RFP and the vendors’ responses.

Bidders shall not contact consultant or legal counsel on any matter related to the RFP.

C. Exclusions

The Proposal Evaluation Team reserves the right to refuse to consider any proposal from a vendor who:

Has been convicted for commission of a criminal offense as an incident to obtaining or attempting to obtain a public or private contract or subcontract, or in the performance of the contract or subcontract;

Has been convicted under State or Federal statutes of embezzlement, theft, forgery, bribery, falsification or destruction of records, receiving stolen property, or other offense indicating a lack of business integrity or business honesty that currently and seriously affects responsibility as a

State contractor;

Has been convicted or has had a civil judgment entered for a violation under State or Federal antitrust statutes;

Has violated contract provisions such as:

Knowing failure without good cause to perform in accordance with the specifications or within the time limit provided in the contract; or

Failure to perform or unsatisfactory performance in accordance with terms of one or more contracts;

Has violated ethical standards set out in law or regulation; and

Any other cause listed in regulations of the State of Delaware determined to be serious and compelling as to affect responsibility as a

State contractor, including suspension or debarment by another governmental entity for a cause listed in the regulations.

D. Project Costs and Proposed Scope of Service

The Department reserves the right to award this project to a bidder other than the one with the lowest cost or to decide not to fund this project at all. Cost will be balanced against the score received by each bidder in the rating process. The State of Delaware reserves the right to reject, as technically unqualified, proposals that are unrealistically low if, in the judgment of the evaluation team, a lack of sufficient budgeted resources would jeopardize project success.

APPENDIX A:

BUDGET SUMMARY SHEET

Budget Summary Sheet

Categories Amounts

Staff Salaries

Fringe Benefits

Travel / Training

Mileage (Rate$0.00 X 0000 miles)

Training

Other (specify)

Contractual

Rent

Electricity

Heat

Communications

Other Utilities

Printing / Advertising

Postage

Insurance

Repairs

Supplies

Office

Janitorial

Medical

Program

Equipment / Other Direct Costs

Indirect Costs (12%)

TOTAL BUDGET

APPENDIX B:

BUDGET WORKSHEET

Budget Worksheet

(can attach additional sheets if necessary)

Category / Description Amount

Salary / Wages

List each position title: Directors, Supervisors, Healthcare Workers, Nutritionists, Drivers, Case Managers, Janitors, Instructors, Coordinators, etc

Total: Salary / Wages

Fringe Benefits

Proportionate for above labor including Social Security, unemployment compensation, life insurance, worker's compensation, health insurance, pension, etc. that will be paid by the Agency

Total: Fringe Benefits

Travel / Training

Include any programs staff are required to attend. Mileage reimbursement shall be no more than the IRS allowable amount. Subscriptions and association dues may be included in this category

Total: Travel / Training

Budget Worksheet page 2

Category / Description Amount

Contractual

Include the portions of rent, utilities, telephone, internet, Insurance, maintenance, etc that will be paid by the

Agency

Total: Contractual

Supplies

Include office supplies, supplies for routine building maintenance (janitorial), medical supplies, program supplies, and other related expenses

Total: Supplies

Other Equipment

Specify Items or lots costing $1000.00 or more and having a useful life of more than one year

Total: Other Equipment

Budget Worksheet page 3

Indirect Costs

Identify any line items contributing to total costs not delineated in the above sections

Total: Indirect Costs

APPENDIX C:

BIDDERS SIGNATURE FORM

BIDDERS SIGNATURE FORM

NAME OF BIDDER:

SIGNATURE OF AUTHORIZED PERSON:

TYPE IN NAME OF AUTHORIZED PERSON:

TITLE OF AUTHORIZED PERSON:

STREET NAME AND NUMBER:

CITY, STATE, & ZIP CODE:

CONTACT PERSON:

TELEPHONE NUMBER:

FAX NUMBER:

DATE:

BIDDER’S FEDERAL EMPLOYERS IDENTIFICATION NUMBER:

THE FOLLOWING MUST BE COMPLETED BY THE VENDOR:

AS CONSIDERATION FOR THE AWARD AND EXECUTION BY THE DEPARTMENT OF HEALTH AND

SOCIAL SERVICES OF THIS CONTRACT, THE (COMPANY NAME)

HEREBY GRANTS, CONVEYS, SELLS, ASSIGNS, AND TRANSFERS TO THE STATE OF DELAWARE ALL OF

ITS RIGHTS, TITLE AND INTEREST IN AND TO ALL KNOWN OR UNKNOWN CAUSES OF ACTION IT

PRESENTLY HAS OR MAY NOW HEREAFTER ACQUIRE UNDER THE ANTITRUST LAWS OF THE UNITED

STATES AND THE STATE OF DELAWARE, RELATING THE PARTICULAR GOODS OR SERVICES

PURCHASED OR ACQUIRED BY THE DELAWARE HEALTH AND SOCIAL SERVICES DEPARTMENT,

PURSUANT TO THIS CONTRACT.

APPENDIX D:

CERTIFICATION SHEET

CERTIFICATION SHEET

As the official representative for the proposer, I certify on behalf of the agency that:

a. They are a regular dealer in the services being procured.

b. They have the ability to fulfill all requirements specified for development within this RFP.

c. They have independently determined their prices.

d. They are accurately representing their type of business and affiliations.

e. They will secure a Delaware Business License.

f. They have acknowledged that no contingency fees have been paid to obtain award of this contract.

g. The Prices in this offer have been arrived at independently, without consultation, communication, or agreement, for the purpose of restricting competition, as to any matter relating to such prices with any other contractor or with any competitor;

h. Unless otherwise required by Law, the prices which have been quoted in this offer have not been knowingly disclosed by the contractor and prior to the award in the case of a negotiated procurement, directly or indirectly to any other contractor or to any competitor; and

i. No attempt has been made or will be made by the contractor in part to other persons or firm to submit or not to submit an offer for the purpose of restricting competition.

j. They have not employed or retained any company or person (other than a full-time bona fide employee working solely for the contractor) to solicit or secure this contract, and they have not paid or agreed to pay any company or person (other than a full-time bona fide employee working solely for the contractor) any fee, commission percentage or brokerage fee contingent upon or resulting from the award of this contract.

k. They (check one) operate ___an individual; _____a Partnership ____a non-profit (501 C-3) organization; _____a not-for-profit organization; or _____for profit corporation, incorporated under the laws of the State of

l. The referenced offerer has neither directly or indirectly entered into any agreement, participated in any collusion or otherwise taken any action in restraint of free competitive bidding in connection with this bid submitted this date to Delaware Health and Social Services.

m. The referenced bidder agrees that the signed delivery of this bid represents the bidder’s acceptance of the terms and conditions of this invitation to bid including all Specifications and special provisions.

n. They (check one): _______are; ______are not owned or controlled by a parent company. If owned or controlled by a parent company, enter name and address of parent company:

Violations and Penalties:

Each contract entered into by an agency for professional services shall contain a prohibition against contingency fees as follows:

1. The firm offering professional services swears that it has not employed or retained any company or person working primarily for the firm offering professional services, to solicit or secure this agreement by improperly influencing the agency or any of its employees in the professional service procurement process.

2. The firm offering the professional services has not paid or agreed to pay any person, company, corporation, individual or firm other than a bona fide employee working primarily for the firm offering professional services, any fee, commission, percentage, gift, or any other consideration contingent upon or resulting from the award or making of this agreement; and

3. For the violation of this provision, the agency shall have the right to terminate the agreement without liability and at its discretion, to deduct from the contract price, or otherwise recover the full amount of such fee, commission, percentage, gift or consideration.

The following conditions are understood and agreed to:

a. No charges, other than those specified in the cost proposal, are to be levied upon the State as a result of a contract.

b. The State will have exclusive ownership of all products of this contract unless mutually agreed to in writing at the time a binding contract is executed.

Date Signature & Title of Official Representative

Type Name of Official Representative

APPENDIX E

STATEMENTS OF COMPLIANCE FORM

STATEMENTS OF COMPLIANCE FORM

As the official representative for the contractor, I certify on behalf of the agency that (Company Name) will comply with all Federal and Delaware laws and regulations pertaining to equal employment opportunity and affirmative action. In addition, compliance will be assured in regard to Federal and Delaware laws and regulations relating to confidentiality and individual and family privacy in the collection and reporting of data.

Authorized Signature:

Title:

Date:

APPENDIX F

OFFICE OF MINORITY AND WOMEN BUSINESS ENTERPRISE SELF-

CERTIFICATION TRACKING FORM

OFFICE OF MINORITY AND WOMEN BUSINESS ENTERPRISE SELF-

CERTIFICATION TRACKING FORM

IF YOUR FIRM WISHES TO BE CONSIDERED FOR ONE OF THE CLASSIFICATIONS LISTED BELOW, THIS PAGE MUST

BE SIGNED, NOTARIZED AND RETURNED WITH YOUR PROPOSAL.

COMPANY NAME_____________________________________________________

NAME OF AUTHORIZED REPRESENTATIVE (Please print)

SIGNATURE___________________________________________________________

COMPANY ADDRESS___________________________________________________

TELEPHONE #_________________________________________________________

FAX #_________________________________________________________________

EMAIL ADDRESS_______________________________________________________

FEDERAL EI# __________________________________________________________

STATE OF DE BUSINESS LIC#____________________________________________

Note: Signature of the authorized representative must be of an individual who legally may enter his/her organization into a formal contract with the State of Delaware, Delaware Health and

Social Services.

Organization Classifications (Please circle)

Women Business Enterprise (WBE) Yes/No

Minority Business Enterprise (MBE) Yes/No

Please check one---Corporation ______

Partnership_______Individual _______

For appropriate certification (WBE), (MBE), please apply to Office of Minority and Women

Business Enterprise Phone # (302) 739-4206 L. Jay Burks, Executive Director Fax# (302) 739-

1965 Certification #____________ Certifying Agency____________ http://www.state.de.us/omwbe

SWORN TO AND SUBSCRIBED BEFORE ME THIS ______________DAY OF ___________20________

NOTARY PUBLIC_________________________MY COMMISION EXPIRES ____________________

CITY OF ___________________________COUNTY OF _________________STATE OF__________________ http://www.state.de.us/omwbe

Definitions

The following definitions are from the State Office of Minority and Women Business

Enterprise.

Women Owned Business Enterprise (WBE):

At least 51% is owned by women, or in the case of a publicly owned enterprise, a business enterprise in which at least 51% of the voting stock is owned by women; or any business enterprise that is approved or certified as such for purposes of participation in contracts subject to women-owned business enterprise requirements involving federal programs and federal funds.

Minority Business Enterprise (MBE):

At least 51% is owned by minority group members; or in the case of a publicly owned enterprise, a business enterprise in which at least 51% of the voting stock is owned by minority group members; or any business enterprise that is approved or certified as such for purposes of participation in contracts subjects to minority business enterprises requirements involving federal programs and federal funds.

Corporation:

An artificial legal entity treated as an individual, having rights and liabilities distinct from those of the persons of its members, and vested with the capacity to transact business, within the limits of the powers granted by law to the entity.

Partnership:

An agreement under which two or more persons agree to carry on a business, sharing in the profit or losses, but each liable for losses to the extent…