IFB CP 2026-01 - Controlled Legend OTC Medications.pdf

8891 Old River Rd, PO Box 479, Marcy, NY 13403-0479 I www.doccs.ny.gov

Central Pharmacy Services

Invitation for Bids

IFB #CP-2026-01

Controlled, Legend and OTC Medications

Issued: 9/29/2026

DESIGNATED CONTACTS:

Pursuant to State Finance Law §139-j and §139-k, the Department of Corrections and Community Supervision identifies the following designated contacts to whom all communications concerning this procurement must be made. See Section 1.3 for additional information.

Primary Contact Secondary Contact Daniel Wheeler Andria Pilieri-White New York State Department of Corrections and Community Supervision

New York State Department of Corrections and Community Supervision

Central Pharmacy Services Division of Health Services 8891 Old River Rd 1220 Washington Ave Marcy, New York 13403-0479 Albany, New York 12226-2050 Telephone: 315-765-3482 Telephone: 518-445-6192 Email Address: Daniel.Wheeler@doccs.ny.gov Email Address: Andria.Pilieriwhite@doccs.ny.gov

KATHY HOCHUL

Governor

DANIEL F. MARTUSCELLO III

Commissioner http://www.doccs.ny.gov/ mailto:Daniel.Wheeler@doccs.ny.gov mailto:Andria.Pilieriwhite@doccs.ny.gov

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Contents

1.0 INTRODUCTION

1.1 Notice to Bidders

1.2 Calendar of Events

1.3 Submission of Written Bidder’s Questions

1.4 Freedom of Information Law (“FOIL”) / Trade Secrets

1.5 Ethics Compliance

1.5.1 Procurement Lobbying

1.5.2 Non-Collusive Bidding Certification

1.5.3 Conflict of Interest

1.5.4 State Employees

1.5.5 Health Insurance Portability and Accountability Act (HIPAA)

1.5.6 Patient Records

1.5.7 Business Associate Agreement

1.6 DOCCS’ Reserved Rights

1.7 Definitions

2.0 OVERVIEW

2.1 Contract Term

2.2 Price

2.3 Dispensing Fee

2.4 Generic and Brand Name Products

2.5 Estimated/Specific Quantities

2.6 Minimum Order

2.7 Ordering

2.8 Delivery

2.9 Product Returns and Exchanges

2.10 Packaging

2.11 Subcontracting

3.0 BIDDER QUALIFICATIONS

3.1 Eligible Bidders

3.2 General Requirements

3.3 Vendor Responsibility

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4.0 SCOPE OF WORK

4.1 Background

4.2 Contractor Responsibilities

4.3 Reporting

4.4 Security

4.5 Transition

5.0 PREPARATION AND SUBMISSION OF BIDS

5.1 Bid Preparation

5.1.1 Information to be Furnished with Bid

5.2 Bid Submission

5.2.1 Email Submissions…………………………………………………………………………….22

6.0 METHOD OF AWARD

6.1 Equal Low Bids (Tie Bids)

6.2 Rejection

6.3 Debriefing

6.4 Dispute Resolution Policy

7.0 CONTRACTOR REQUIREMENTS AND PROCEDURES FOR PARTICIPATION BY NEW

YORK STATE CERTIFIED MINORITY- AND WOMEN-OWNED BUSINESS ENTERPRISES AND

EQUAL EMPLOYMENT OPPORTUNITIES FOR MINORITY GROUP MEMBERS AND WOMEN 23

7.1 Equal Employment Opportunity Requirements

7.2 Business Participation Opportunities for MWBEs

7.3 Business Participation Opportunities for New York State Certified Service-Disabled Veteran- Owned Businesses

7.3.1 Contract Goals

8.0 CONTRACTOR INSURANCE REQUIREMENTS

9.0 ADDITIONAL ADMINISTRATIVE INFORMATION AND CONTRACT CLAUSES

9.1 Appendix A

9.2 Conflict of Terms and Conditions

9.3 Contract Payments

9.4 Billing

9.5 Interest

9.6 Tax Law Section 5-A

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9.7 Executive Orders

9.7.1 EO Number 16

9.7.2 EO Number 177

9.8 State Finance Laws

9.8.1 Sexual Harassment Prevention (Section 139-l)

9.8.2 Gender Violence in the Workplace Prevention (Section 139-m)

9.8.3 Consultant Disclosure Provisions (Section 163(4)(g))

9.9 Mercury-Added Consumer Products

9.10 Use of Recycled or Remanufactured Materials

9.11 EPA Energy Star Program

9.12 Indemnification

9.13 Termination

APPENDICES

The following appendices are included with this IFB:

A. Standard Clauses for NYS Contracts (June 2023) B. General Specifications (August 2012)

EXHIBITS

The following exhibits are included with this IFB:

A. DOCCS Geographical Map and Facilities Listing B. Non-Disclosure Agreement (for the awarded Bidder) C. Consultant Disclosure Reporting Requirements (for the awarded Bidder) D. Business Associate Agreement (for the awarded Bidder)

ATTACHMENTS

The following attachments pertain to this IFB:

1. No-Bid Form

2. Submission Checklist

3. Bid Signature Page

4. Individual, Corporation, Partnership, or LLC Acknowledgement

5. Bid Price Page

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6. Report of Contract Purchases

7. Vendor Assurance of No Conflict of Interest or Detrimental Effect

8. Procurement Lobbying Certification and Disclosure of Prior Non-Responsibility Determination

9. Vendor Responsibility Attestation

10. Encouraging Use of New York Businesses in Contract Performance

11. MWBE and EEO Policy Statement

12. Equal Employment Opportunity Staffing Plan (EEO100)

13. Executive Order 16 Prohibiting State Agencies and Authorities from Contracting with Businesses

Conducting Business in Russia

14. Executive Order 177 Prohibiting Contracts with Entities that Support Discrimination

15. Sexual Harassment Prevention Policy Certification (State Finance Law §139-l Certification)

16. Gender-Based Violence Prevention Policy Certification (State Finance Law §139-m Certification)

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1.0 INTRODUCTION

The New York State Department of Corrections and Community Supervision (DOCCS) is seeking Contractor(s) to provide controlled, legend, and over the counter (OTC) medications as necessary to incarcerated individuals under DOCCS custody. DOCCS is responsible for providing and administering prescription medication to incarcerated individuals at all DOCCS correctional facilities located throughout New York State.

The contract(s) awarded as a result of this IFB will be standby contracts for medications. The standby contract(s) will only be utilized when the awarded vendors for the New York State Office of General Services (OGS) Statewide Pharmaceuticals - Individual Prescriptions Contract, Group 10201 / Award 23241 cannot supply individual prescriptions to a correctional facility as required.

For the purposes of this IFB:

a. Contractor is defined as one who has the contract with the owner of a project or job and has full responsibility for its completion. A Contractor undertakes to perform a complete contract and may employ (and manage) one or more subcontractors to carry out specific parts of the contract, if permitted.

b. The terms “bidders”, “vendors”, “offerors”, and “contractors” are used interchangeably.

c. The use of the terms “shall”, “must” and “will” are used interchangeably when describing the

Contractor’s/Bidder’s duties.

d. The terms “proposal” and “bid” are used interchangeably herein and shall have the same meaning.

e. The name of this agency, NYS Department of Corrections and Community Supervision, is used interchangeably herein with “the Department” and “DOCCS”.

1.1 Notice to Bidders

Receipt of these bid documents does not indicate DOCCS has pre-determined your company's qualifications to receive a contract award. Such determination will be made after the bid opening and will be based on our evaluation of your bid submission compared to the specific requirements and qualifications contained in these bid documents.

Please Note: The State is not liable for any costs incurred by Bidders in the preparation and production of bids or for any work performed prior to the issuance of a contract.

1.2 Calendar of Events

The table below outlines the schedule for important action dates. If the State finds it necessary to change any of these dates, notification will be accomplished through an addendum to this IFB.

Invitation for Bids (IFB) Issued 9/29/2026

Written Bidders’ Questions Deadline No later than 3:00 p.m. ET 10/14/2026

DOCCS Issues Answers to Questions (estimated) On or about 10/20/2026

Bids Due to DOCCS / Bid Opening Date No later than 3:00 p.m. ET 11/5/2026

Anticipated Contract Start Date 1/12/2027

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1.3 Submission of Written Bidder’s Questions

It is the Bidder’s responsibility to ensure email(s) containing Bidder’s written questions, requests for clarification, and/or bid exceptions are received no later than the deadline for Submission of Written Bidders’ Questions as specified in Section 1.2 Calendar of Events. Questions, clarifications, and exceptions received after the deadline may not be answered.

All questions, clarifications and exceptions regarding this solicitation must be emailed to the Designated Contract(s) listed on the cover page of this solicitation, Bidders are cautioned to read this document thoroughly to become familiar with all aspects of the bid. Bidders should notify the DESIGNATED CONTACTS of any term, condition, etc., that precludes the vendor from submitting a compliant, responsive bid. Prospective Bidders should note that all questions, clarifications and exceptions including those relating to the terms and conditions of the contract are to be resolved prior to the submission of a bid.

All questions, clarifications and exceptions should be submitted in writing no later than the date specified in Section 1.2 Calendar of Events. Vendors should email questions to the designated contacts listed on the cover page of this document, citing the particular solicitation section and paragraph number. Bidders entering into a contract with the State are expected to comply with all terms and conditions contained herein. Answers to all written questions of a substantive nature will be given to all Prospective Bidders in the form of a formal addendum which will become part of the ensuing contract.

Official answers to all written questions will be advertised as an addendum and posted in the New York State Contract Reporter (NYSCR) (http://www.nyscr.ny.gov/) on or about the date listed in Section 1.2 Calendar of Events. Only answers provided by addendum are considered official. Any amendments, clarifications, responses to questions, and updates to this IFB will be posted on the NYSCR. It is each bidder’s responsibility to visit the above website prior to submitting a bid to determine if any addenda have been issued regarding this solicitation.

1.4 Freedom of Information Law (“FOIL”) / Trade Secrets

During the evaluation process, the content of each bid will be held in confidence and details of any bid will not be revealed (except as may be required under the Freedom of Information Law or other State law). The Freedom of Information Law provides for an exemption from disclosure for trade secrets or information the disclosure of which would cause injury to the competitive position of commercial enterprises. This exemption would be effective both during and after the evaluation process.

Should you feel your bid contains any such trade secrets or other confidential or proprietary information, you must submit a request to exempt such information from disclosure. Such request must be in writing, must State the reasons why the information should be exempt from disclosure and must be provided at the time of submission of the subject information. Upon notification from DOCCS, Bidders/Contractors must provide a redacted version of the records they wish to be exempted from release.

Requests for exemption of the entire contents of a bid from disclosure have generally not been found to be meritorious and are discouraged. Kindly limit any requests for exemption of information from disclosure to bona fide trade secrets or specific information, the disclosure of which would cause a substantial injury to the competitive position of your firm.

http://www.nyscr.ny.gov/

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1.5 Ethics Compliance

1.5.1 Procurement Lobbying

Pursuant to State Finance Law §139-j and §139-k, this solicitation includes and imposes certain restrictions on communications between DOCCS and an offerer/bidder during the procurement process.

An Offerer/bidder is restricted from making contacts from the earliest notice of intent to solicit offers/bids through final award and approval of the Procurement Contract by DOCCS, and if applicable, the Office of General Services, and/or the Office of the State Comptroller (“Restricted Period”) to other than designated staff unless it is a contact that is included among certain statutory exceptions set forth in State Finance Law §139-j(3)(a).

Designated staff, as of the date hereof, are identified on the first page of this solicitation. DOCCS employees are also required to obtain certain information when contacted during the Restricted Period and make a determination of the responsibility of the Offerer/bidder pursuant to these two statutes.

Certain findings of non-responsibility can result in rejection for contract award and in the event of two (2) findings within a four-year period, the Offerer/bidder is debarred from obtaining governmental Procurement Contracts. Further information about these requirements can be found on the website:

https://ogs.ny.gov/acpl/

1.5.2 Non-Collusive Bidding Certification

(Reference: State Finance Law §139-d and Appendix A, Clause 7)

By submission of this bid, each bidder and each person signing on behalf of any bidder certifies, and in the case of a joint bid each party thereto certifies as to its own organization, under penalty of perjury, that to the best of its knowledge and belief:

(1) The prices in this bid have been arrived at independently without collusion, consultation, communication, or agreement, for the purpose of restricting competition, as to any matter relating to such prices with any other bidder or with any competitor;

(2) Unless otherwise required by law, the prices which have been quoted in this bid have not been knowingly disclosed by the bidder and will not knowingly be disclosed by the bidder prior to opening, directly or indirectly, to any other bidder or to any competitor; and

(3) No attempt has been made or will be made by the bidder to induce any other person, partnership or corporation to submit or not submit a bid for the purpose of restricting competition.

In the event the bidder is unable to certify as stated above, the bidder shall provide a signed Statement which sets forth in detail the reasons why the bidder is unable to furnish the certificate as required in accordance with State Finance Law §139-d.

1.5.3 Conflict of Interest

Bidder must disclose any existing or contemplated relationship with any other person or entity, including relationships with any member, shareholders of 5% or more, parent, subsidiary, or affiliated firm, which would constitute an actual or potential conflict of interest or appearance of impropriety, relating to other clients/customers of the Respondent or former officers and employees of the Agencies and their Affiliates, in connection with your rendering services enumerated in this solicitation. If a conflict does or might exist, https://ogs.ny.gov/acpl/

IFB #CP-2026-01 Controlled, Legend and OTC Medications Page 9 of 43 please describe how your Staffing Firm would eliminate or prevent it. Indicate what procedures will be followed to detect, notify the Agencies of, and resolve any such conflicts.

Bidder must disclose whether it, or any of its members, shareholders of 5% or more, parents, affiliates, or subsidiaries, have been the subject of any investigation or disciplinary action by the New York State Commission on Public Integrity or its predecessor State entities (collectively, "Commission"), and if so, a brief description must be included indicating how any matter before the Commission was resolved or whether it remains unresolved.

Additionally, a bidder will be required to submit the Vendor Assurance of No Conflict of Interest or Detrimental Effect form located within this solicitation as evidence of compliance with the foregoing.

1.5.4 State Employees

Contractors, consultants, vendors, and subcontractors may hire former State Agency or Authority employees. However, as a general rule and in accordance with New York Public Officers Law, former employees of the State Agency or Authority may neither appear nor practice before the State Agency or Authority, nor receive compensation for services rendered on a matter before the State Agency or Authority, for a period of two (2) years following their separation from State Agency or Authority service.

In addition, former State Agency or Authority employees are subject to a "lifetime bar" from appearing before the State Agency or Authority or receiving compensation for services regarding any transaction in which they personally participated, or which was under their active consideration during their tenure with the State Agency or Authority.

The Contractor and its Subcontractors shall not engage any person who is, or has been at any time, in the employ of the State to perform services in violation of the provisions of the New York Public Officers Law, other laws applicable to the service of State employees, and the rules, regulations, opinions, guidelines, or policies promulgated or issued by the New York State Joint Commission on Public Ethics, or its predecessors (collectively, the "Ethics Requirements"). The Contractor certifies that all of its employees and those of its Subcontractors who are former employees of the State and who are assigned to perform services under any contract resulting from this solicitation shall be assigned in accordance with all Ethics Requirements.

During the Term, no person who is employed by the Contractor or its Subcontractors and who is disqualified from providing services under the Contract pursuant to any Ethics Requirements may share in any net revenues of the Contractor or its Subcontractors derived from any contract resulting from this solicitation. The Contractor shall identify and provide the State with notice of those employees of the Contractor and its Subcontractors who are former employees of the State that will be assigned to perform services under any contract resulting from this solicitation, and make sure that such employees comply with all applicable laws and prohibitions.

The State may request that the Contractor provide it with whatever information the State deems appropriate about each such person's engagement, work cooperatively with the State to solicit advice from the New York State Joint Commission on Public Ethics, and, if deemed appropriate by the State, instruct any such person to seek the opinion of the New York State Joint Commission on Public Ethics.

The State shall have the right to withdraw or withhold approval of any Subcontractor if utilizing such Subcontractor for any work performed hereunder would be in conflict with any of the Ethics Requirements.

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The State shall have the right to terminate the contract at any time if any work performed hereunder is in conflict with any of the Ethics Requirements.

1.5.5 Health Insurance Portability and Accountability Act (HIPAA)

Contractor agrees all medical information/records will be kept confidential in accordance with applicable State and Federal law, rules, and regulations including but not limited to the Health Insurance Portability and Accountability Act of 1996 (hereinafter referred to as “HIPAA”) and the regulations thereunder. In addition, the Contractor will be subject to any NYS laws, rules, regulations, or DOCCS directives concerning confidentiality of medical records. For more information, please refer to Exhibit D – Business Associate Agreement, which will become a part of any contract resulting from this solicitation.

1.5.6 Patient Records

Contractors will be required to maintain patient records in a means and for a period of time so as to comply with applicable New York State and Federal Pharmacy laws and regulations. Any requested reporting will be created and provided by the Contractor(s) so as to guard patient confidentiality.

1.5.7 Business Associate Agreement

Upon Contract award, the vendor will be required to sign a Business Associate Agreement (see Exhibit D) demonstrating their commitment to protecting sensitive data in accordance with applicable privacy laws, rules, regulations, and DOCCS directives.

1.6 DOCCS’ Reserved Rights

The NYS DOCCS reserves the rights for the following:

1. Reject any and all bids received in response to this Solicitation.

2. Withdraw the IFB at any time, at the agency’s sole discretion;

3. Make an award under the IFB in whole or in part;

4. Disqualify any bidder whose conduct and/or bid fails to conform to the requirements of the IFB;

5. Seek clarifications and revisions of bids;

6. Use bid information obtained through site visits, management interviews and the State’s investigation of a bidder’s qualifications, experience, ability or financial standing, and any material or information submitted by the bidder in response to the agency’s request for clarifying information in the course of evaluation and/or selection under this solicitation;

7. Prior to the bid opening, amend the solicitation specifications to correct errors or oversights, or to supply additional information, as it becomes available;

8. Prior to the bid opening, direct bidders to submit bid modifications addressing subsequent solicitation amendments;

9. Change any of the scheduled dates;

10. Eliminate any mandatory, non-material specifications that cannot be complied with by all of the prospective bidders;

11. Waive any requirements that are not material;

12. Negotiate with the successful bidder within the scope of the solicitation in the best interest of the

State;

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13. Conduct contract negotiations with the next responsible bidder, should the Department be unsuccessful in negotiating with the selected bidder;

14. Utilize any and all ideas submitted in the bids received;

15. Every offer shall be firm and not revocable for a period of 90 days from the bid opening, to the extent not inconsistent with Section 2-205 of the Uniform Commercial Code. Subsequent to such 90 days, any offer is subject to withdrawal communicated in writing and signed by the offerer, and;

16. Require clarification at any time during the procurement process and/or require correction of arithmetic or other apparent errors for the purpose of assuring a full and complete understanding of an offerer’s bid and/or to determine an offerer’s compliance with the requirements of the solicitation.

17. DOCCS reserves the right to investigate or make any inquiry into the capabilities of any bidder to properly perform under any resultant contract. See “Performance Qualifications,” “Disqualification for Past Performance” and “Employees/Subcontractors/Agents” in Appendix B, General Specifications.

18. MINOR DEVIATIONS (s) / MINOR TECHNICALITY: DOCCS reserves the right to have the flexibility to consider bids with minor deviations or technicalities and to waive minor deviations or technicalities that may be consistent with the intent and scope of the solicitation. The flexibility may permit a reasonable outcome in cases where the results of a fair, competitive process are clear, but the award of a contract is threatened due to a minor technicality or a minor deviation.

19. “OR EQUAL”: The State reserves the right to determine if a product/service is ‘equal’ to bid specifications. Bids with minor deviations or technicalities may be waived if consistent with the intent and scope of the solicitation. The flexibility may permit a reasonable outcome in cases where the results of a fair, competitive process are clear, but the award of a contract is threatened due to a minor technicality or a minor deviation.

1.7 Definitions

Authorized User(s) - As defined in Section 5 of Appendix B and New York State Finance Law Section 163(1)(k).

AWP / Average Wholesale Price - AWP refers to the average value at which wholesalers sell medications to physicians, pharmacies, and other customers as per Wolters-Kluwer Health’s (Medi- Span).

Bidder - Shall refer to any business entity who submits a response to this Solicitation. At the time that the Bidder executes a Contract with the State, a Bidder shall become a “Contractor.” See also “Contractor.”

Brand Name Medication - For the purpose of this solicitation the term will be defined as a medication marketed under a proprietary, trademark-protected name.

Contract - As defined in Section 1(d) of Appendix B.

Contractor - As defined in Section 5 of Appendix B.

Controlled Medication – Medications whose manufacture, possession, and distribution are heavily regulated by government authorities.

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Dispense as Written (“DAW”) - An order on a prescription commanding the pharmacist to provide the recipient with the prescription exactly as it was written.

Discounts - The Bidder’s fixed, contracted, guaranteed cost reduction for Products expressed as a percent reduction off of WAC.

Dispensing Fee - The amount reimbursed to the pharmacy to cover the costs of professional services, overhead and delivery. Not applicable to over the counter medications.

Generic Medication - For the purposes of this solicitation a generic medication is identical to a brand name medication in dosage form, safety, strength, route of administration, quality, performance characteristics and intended use. Although generic medications are chemically identical to their branded counterparts, they are typically sold at substantial discounts from the branded price.

Generic prescription products must be chemically identical or bio-equivalent as defined by the FDA Orange Book located at http://www.accessdata.fda.gov/scripts/cder/ob/docs/querytn.cfm

Invitation For Bid (“IFB”) - This document and all of its attachments and appendices.

Legend Medication - Medication that requires a prescription from a licensed healthcare provider.

M/WBE - Shall refer to a business certified with the New York State Empire State Development (ESD) as a Minority and/or Women-owned Business Enterprise.

Mandatory - Refers to items or information that the State has deemed that a Bidder must submit as compulsory, required, and obligatory. These items or information are noted as such, or the requirements may be phrased in terms of “Must” or “Shall.” Mandatory requirements must be met by the Bidder for the Bidder’s Bid to be considered responsive.

Manufacturer - A person or business entity that creates, makes, processes, or fabricates a Product or something of value, which changes a raw material or commodity from one form to another, or creates a new Product or commodity.

May - Denotes the permissive in a Contract clause or specification. “May” does not mean required. See also “Should.”

Must - Denotes the imperative in a Contract clause or specification. “Must” is synonymous with “required.” See also “Shall” and “Mandatory.”

N/A - A common abbreviation for “not applicable” or “not available,” used to indicate when information in a certain field on a table is not provided, either because it does not apply to a particular case in question or because it is not available.

National Drug Code (“NDC”) - A unique 11-digit, 3-segment number. It is a universal Product identifier for human drugs in the United States. The code is present on all nonprescription (OTC) and prescription medication packages and inserts in the US. The 3 segments of the NDC identify the labeler, the Product, and the commercial package size. The first set of numbers in the NDC identifies the labeler (manufacturer, repackager, or distributor). The second set of numbers is the Product code, which identifies the specific strength, dosage form (i.e. capsule, tablet, liquid) and formulation of a drug for a specific manufacturer. Finally, the third set is the package code, which identifies package sizes and http://www.accessdata.fda.gov/scripts/cder/ob/docs/querytn.cfm

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NYS Vendor File - Shall refer to a centralized repository to maintain timely and reliable information on all Contractors registered to do business with the State. The Office of the State Comptroller’s Bureau of State Expenditures created the Vendor Management Unit (VMU) to manage this file.

NYS Vendor ID - Shall refer to the ten-digit identifier issued by New York State when a vendor is registered with the NYS Vendor File. See also “NYS Vendor File.”

Over the Counter (“OTC”) Medications - A medication defined by the Food and Drug Administration (FDA) as safe and effective for use by the general public without a doctor’s prescription.

Prescription - The written or electronic request for medications issued by a physician duly licensed to make such a request in the ordinary course of his or her professional practice. The order must be written in the name of the person for whom it is prescribed or be an authorized refill of that order.

Procurement Services - Formerly known as Procurement Services Group (PSG) and New York State Procurement (NYSPro), Procurement Services shall mean a division of the New York State Office of General Services which is authorized by law to issue centralized, Statewide Contracts for use by New York agencies, political subdivisions, schools, libraries and others authorized by law to participate in such Contracts.

Product - As defined in Section 5 of Appendix B.

Shall - Denotes the imperative in a Contract clause or specification. “Shall” is synonymous with “required”. See also “Must” and “Mandatory.”

Should - Denotes the permissive in a Contract clause or specification. “Should” does not mean required. See also “May.”

U.S. Food and Drug Administration (FDA) - The Federal agency of the United States Department of Health and Human Services, responsible for protecting and promoting public health through the regulation and supervision of food safety, tobacco products, dietary supplements, prescription and over the counter pharmaceutical drugs (medications), vaccines, biopharmaceuticals, blood transfusions, medical devices, electromagnetic radiation emitting devices (ERED), cosmetics, animal foods & feed and veterinary products.

WAC / Wholesale Acquisition Cost - WAC refers to the price of a medication set by a pharmaceutical manufacturer when selling to a wholesaler as per Wolters-Kluwer Health’s (Medi-Span).

Wolters Kluwer Health’s (“Medi-Span”) - Provides a codified drug dictionary, drug vocabulary, and drug pricing, including WAC and AWP, for prescription drugs and medication-based over the counter products in the United States.

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2.0 OVERVIEW

2.1 Contract Term

It is the intention of the State to enter into a contract for a period of two (2) years with 3, optional 1-year renewals as stated on the Invitation for Bids except that the commencement and termination dates appearing on the Invitation for Bids may be adjusted forward unilaterally by the State for any resulting contract for up to two (2) calendar months, by indicating such change on the Contract Award Notification.

The contract dates may be adjusted forward beyond two (2) months only with the approval of the successful bidder. If, however, the bidder is not willing to accept an adjustment of the contract dates beyond the two-month period, the State reserves the right to proceed with an award to another bidder.

If mutually agreed between the Department of Corrections and Community Supervision and the contractor, the contract may be renewed under the same terms and conditions for additional period(s) not to exceed a total contract term of five (5) years.

2.2 Price

All bid pricing shall include all customs duties and charges and be net, F.O.B. destination to all DOCCS correctional facilities in New York State. Price shall be determined by applying the quoted discount to the Wholesale Acquisition Cost (WAC) as listed in the Wolters Kluwer Health’s “Medi-Span” effective at the time of order plus the addition of the quoted dispensing fee. DOCCS prohibits multiple dispensing fees for partial orders. See further details in the Method of Award Section of this Solicitation and “Pricing” clauses.

If “Medi-Span” is unavailable for any given reason, DOCCS reserves the right to select another WAC industry benchmark.

The Contractor(s) awarded a contract agree(s) to sell DOCCS all prescription pharmaceuticals, as listed or included by reference as a part of this contract at a pricing structure that is in compliance with Section 24

(f) of Appendix B - Best Pricing Offer. All price percentages shall remain in effect for the term of the Contract or shall be adjusted in compliance with Section 24 (f) of Appendix B - Best Pricing Offer. Discount reduction will not be allowed. Price decreases or discount increases are permitted at any time.

The Bidder shall submit a discount for each of the following categories: "Generic," "Brand Name, and “Over The Counter” (OTC) medications. In addition to the discount offered, a dispensing fee (only in the case of prescription drugs) may be included as part of the bid. Dispensing fees shall not be charged on OTC items.

2.3 Dispensing Fee

Dispensing fees shall only apply to prescriptions for medications for which a prescription is required by the provisions of the Federal Food, Drug and Cosmetic Act or by the Commissioner of Health regardless of whether it was dispensed pursuant to a patient specific prescription. Dispensing fees shall not be charged for over the counter (OTC) Products.

2.4 Generic and Brand Name Products

Contractor(s) shall be required to fill all prescriptions generically, with the least expensive generic alternative in stock, unless otherwise indicated by the facility, such as through the use of a Dispense As Written (“DAW”) order. All medications dispensed shall meet or exceed all New York State and Federal regulations and be FDA approved.

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Generic prescription products must be generically bioequivalent as defined by the FDA Orange Book.

http://www.accessdata.fda.gov/scripts/cder/ob/docs/querytn.cfm

2.5 Estimated/Specific Quantities

The quantities or dollar values listed are estimated only.

2.6 Minimum Order

Minimum order shall be one prescription.

2.7 Ordering

Facilities may submit orders over the phone. In addition, facilities must be able to submit orders electronically in accordance with NYS laws and regulations. Orders submitted prior to 7:00 p.m. EST shall be deemed received by Contractor on the date submitted. Orders submitted after 7:00 p.m. EST shall be deemed received by Contractor on the next day.

When applicable and available, orders shall reference the Contract number, requisition, and/or purchase order number. Order confirmation is to be provided to the facility electronically or via facsimile on the date received as defined in the preceding paragraph. Order confirmation shall be itemized, and include the purchase price, date of purchase, anticipated delivery date, delivery information, facility name, and name of individual confirming receipt/fulfillment of the order.

The contractor must contact the facility by phone, with follow-up email, upon receipt of the order if there is any issue with fulfilling the order.

2.8 Delivery

When an order is received by the Contractor before 7:00 p.m. EST (Mondays through Saturdays) or before 5:00 p.m. EST (Sundays, NYS Holidays and Federal holidays), the Contractor will deliver the item(s) before 12:00 noon on the following day to the address provided with the order. Every effort should be made to complete deliveries on the same or next day.

Orders received by the Contractor after 7:00 p.m. EST (Mondays through Saturdays) or after 5:00 p.m. EST (Sundays, NYS Holidays and Federal holidays), the Contractor will deliver the item(s) within 36 hours of receipt to the address provided with the order.

The contractor shall include instructions for providing services that are requested outside of normal operating hours (i.e., “emergency service”).

2.9 Product Returns and Exchanges

In compliance with all applicable laws, unused packaged medication may be returned for credit and/or destruction in accordance with all Federal and State regulations in force. The Contractor shall issue a full credit equal to the cost of sale of all usable or unused doses returned. The Contractor shall also accept for return and destruction and shall issue a full invoice credit for any product deficient in quality or packaging as to render it unusable for its intended purpose as determined by DOCCS. All credits must be identified by both product and patient name. Credits shall be issued on the invoice for the month in which the return was made. These credits are not eligible for a restocking fee. The invoice must contain a reference to the medication(s).

IFB #CP-2026-01 Controlled, Legend and OTC Medications Page 16 of 43

In the alternative, upon agreement by the Authorized User, Products returned due to quality problems, duplicated shipments, outdated Product, incorrect Product shipped, or Contractor errors shall be replaced with specified Products. Delivery for a replacement Product shall be the same as stated in the DELIVERY Section of this Solicitation. Returned Products shall be picked up by the Contractor at the time of delivery of the replacement Product, or within ten (10) calendar days of receipt of written notification by the Contractor if a credit/refund is to be issued.

2.10 Packaging

All pharmaceuticals must be packaged in accordance with the best commercial practice and shall comply with applicable Federal and New York State requirements. Prescriptions for non-controlled substances may be valid for up to 1 year (i.e. blood pressure medications and other maintenance medications). The contractor shall dispense no more than a 30-day supply of medication at each filling. Blister packaging, bingo cards or unit dose must be available. Tamper resistant containers are preferred for all pharmaceuticals. Controlled substances shall be blister packed when applicable.

2.11 Subcontracting

Bidders may not propose the use of a subcontractor for this contract.

3.0 BIDDER QUALIFICATIONS

3.1 Eligible Bidders

Bids will be accepted only from licensed pharmacies who meet the following criteria.

a. Pharmacy must be licensed and registered with the NYS Education Department, Office of the Professions (NYS Board of Pharmacy).

b. Pharmacy must be registered with the Drug Enforcement Administration (DEA)

c. Pharmacy software and operating systems must be fully integrated and certified with the State’s electronic prescribing systems.

d. Pharmacy must be able to procure and dispense all forms of oral buprenorphine products.

e. Provide alternate packaging of medication including bubble packing and unit-dose options.

f. Pharmacy must not have any disqualifying sanctions, license suspensions/revocations, or unresolved regulatory issues.

3.2 General Requirements

The Bidder agrees:

1. to adhere to all State and Federal laws and regulations in connection with the contract; and,

2. to notify DOCCS of any changes in the legal status or principal ownership of the firm, 45 (forty-five) days in advance of said change; and,

3. in any contract resulting from this solicitation, it shall be completely responsible for its work, including any damages or breakdowns caused by its failure to take appropriate action; and, IFB #CP-2026-01 Controlled, Legend and OTC Medications Page 17 of 43

4. any contract resulting from this solicitation may not be assigned, transferred, conveyed or the work subcontracted without the prior written consent of the Commissioner of DOCCS; and,

5. for reasons of safety and public policy, in any contract resulting from this solicitation, the use of illegal drugs and/or alcoholic beverages by the Contractor or its personnel shall not be permitted while performing any phase of the work herein specified; and,

6. the Commissioner’s interpretation of specifications shall be final and binding upon the Contractor.

7. the Commissioner of DOCCS will make no allowance or concession to the Bidder for any alleged misunderstanding because of quantity, quality, character, location, or other conditions; and,

8. should it appear there is a real or apparent discrepancy between different sections of specifications concerning the nature, quality or extent of work to be furnished, it shall be assumed the Bidder has based its bid on the more expensive option. Final decision will rest with the Commissioner of DOCCS;

and,

9. for purposes of any contract resulting from this solicitation, the quality of service is subject to inspection and may be made at any reasonable time by the State of New York. Should it be found quality of services being performed is not satisfactory and the requirements of the specifications are not being met, the Commissioner DOCCS may terminate the contract and employ another contractor to fulfill the requirements of the contract. The existing Contractor shall be liable to the State of New York for costs incurred on account thereof; and,

10. the Commissioner of DOCCS reserves the right to stop the work covered by any contract resulting from this solicitation at any time it is deemed the successful Bidder is unable or incapable of performing the work to the State’s satisfaction. In the event of such stopping, DOCCS shall have the right to arrange for the completion of the work in such manner as it may deem advisable and if the cost thereof exceeds the amount of the bid, the successful Bidder shall be liable to the State of New York for any such costs on account thereof. In the event DOCCS issues a stop work order for the work as provided herein, the Contractor shall have 10 (ten) working days to respond thereto before any such stop work order shall become effective; and,

11. it is the Contractor's responsibility to maintain the equipment and materials provided for the work consistent with applicable safety and health codes; and,

12. DOCCS reserves the right to reject and bar from the facility any employee hired by the Contractor.

3.3 Vendor Responsibility

DOCCS conducts a review of prospective contractors (“Bidders”) to provide reasonable assurances the Bidder is responsive and responsible. The Contractor shall at all times during the contract term remain responsible. The Contractor agrees, if requested by the Commissioner of DOCCS or their designee, to present evidence of its continuing legal authority to do business in New York State, integrity, experience, ability, prior performance, and organizational and financial capacity.

If at any time the Contractor is found to be not responsible or there is a question as to the vendor’s responsibility, any activities pursuant to the contract may be suspended. In the event of such suspension, the Contractor will be given written notice outlining the particulars of such suspension. Upon issuance of such notice, the Contractor must comply with the terms of the suspension order. Contract activity may resume at such time as the DOCCS Commissioner or their designee issues a written notice authorizing a resumption

IFB #CP-2026-01 Controlled, Legend and OTC Medications Page 18 of 43 of performance under the Contract. Finally, the contract may be terminated following a finding of non-responsibility.

A. New York State Vendor File Registration

Prior to being awarded a contract pursuant to this solicitation, the Bidder(s) and any designated authorized resellers who accept payment directly from the State, must be registered in the New York State Vendor File (Vendor File) administered by the Office of the State Comptroller (OSC). This is a central registry for all vendors who do business with New York State Agencies and the registration must be initiated by a State Agency. Following the initial registration, unique New York State ten-digit vendor identification numbers will be assigned to your company and to each of your authorized resellers (if any) for usage on all future transactions with New York State. Additionally, the Vendor File enables vendors to use the Vendor Self-Service application to manage all vendor information in one central location for all transactions related to the State of New York. If Bidder is already registered in the New York State Vendor File, list the ten-digit vendor ID number on the Bid Signature Page. Authorized resellers already registered should list the ten-digit vendor ID number along with the authorized reseller information.

If the Bidder is not currently registered in the Vendor File and is recommended for award, DOCCS shall request completion of OSC Substitute W-9 Form. A fillable form with instructions can be found at the link below. In addition, if authorized resellers are to be used, an OSC Substitute W-9 form should be completed by each of the designated authorized resellers and submitted to the Office of General Services Business Services Center. The Office of General Services Business Services Center will initiate the vendor registration process for all Bidders recommended for Contract Award and their authorized resellers.

Once the process is initiated, registrants will receive an email from OSC that includes the unique ten-digit vendor identification number assigned to the company and instructions on how to enroll in the online Vendor Self-Service application.

For more information on the vendor file please visit the following website:

http://www.osc.State.ny.us/vendor_management Form to be completed:

https://www.osc.State.ny.us/vendors/forms/ac3237s_fe.pdf

B. NYS Vendor Responsibility Questionnaire

A Questionnaire is used for non-construction contracts and is designed to provide information to assess a Bidder’s responsibility to conduct business in New York based upon financial and organizational capacity, legal authority, business integrity, and past performance history. By submitting a bid, Bidder agrees to fully and accurately complete the “Questionnaire.” The Bidder acknowledges that the State’s execution of the Contract will be contingent upon the State’s determination that the Bidder is responsible, and that the State will be relying upon the Bidder’s responses to the Questionnaire when making its responsibility determination. To assist the State in determining the responsibility of the Bidder, the Bidder should complete and certify (or recertify) the Questionnaire no more than six (6) months prior to the bid due date.

http://www.osc.state.ny.us/vendor_management https://www.osc.state.ny.us/vendors/forms/ac3237s_fe.pdf

IFB #CP-2026-01 Controlled, Legend and OTC Medications Page 19 of 43

A Bidder’s Questionnaire cannot be viewed by DOCCS until the Bidder has certified the Questionnaire.

It is recommended that all Bidders become familiar with all of the requirements of the Questionnaire in advance of the bid opening to provide sufficient time to complete the Questionnaire.

DOCCS recommends each Bidder file the required Questionnaire online via the New York State VendRep System. To enroll in and use the VendRep System, please refer to the VendRep System Welcome Package for Vendors available at the Office of the State Comptroller’s (OSC) website:

http://www.osc.State.ny.us/vendrep/documents/system/welcome_package.pdf or go directly to the VendRep System online at https://www.osc.State.ny.us/State-vendors.

OSC provides direct support for the VendRep System through user assistance, documents, online help, and a help desk. The OSC Help Desk contact information is located at:

http://www.osc.State.ny.us/portal/contactbuss.htm.

Bidders opting to complete the paper questionnaire can access this form and associated definitions via the OSC website at: http://www.osc.State.ny.us/vendrep/forms_vendor.htm.

The Bidder agrees that if it is found by the State that the Bidder’s responses to the Questionnaire were intentionally false or intentionally incomplete, on such finding, DOCCS may terminate the contract. In no case shall such termination of the contract by the State be deemed a breach thereof, nor shall the State be liable for any damages for lost profits or otherwise, which may be sustained by the Contractor as a result of such termination.

4.0 SCOPE OF WORK

4.1 Background

The New York State Department of Corrections and Community Supervision (DOCCS) is seeking Contractor(s) to provide controlled, legend, and over the counter (OTC) medications as necessary to incarcerated individuals under DOCCS care. DOCCS is responsible for providing and administering prescription medication to incarcerated individuals at all DOCCS correctional facilities located throughout New York State.

DOCCS is required to be in compliance with legislation 2021-S1795. In accordance with 2021-S1795, Section 1, DOCCS requires the establishment of a program for the use of medication assisted treatment for inmates. The program must include all forms of medication assisted treatments approved for the treatment of a substance use disorder by the Federal Food and Drug Administration for the duration of an inmate's incarceration and shall provide an individualized treatment plan for each participant.

The contract(s) awarded as a result of this IFB will be standby contracts for medications. The standby contract(s) will only be utilized when the awarded vendors for the New York State Office of General Services (OGS) Statewide Pharmaceuticals - Individual Prescriptions Contract, Group 10201 / Award 23241 cannot supply individual prescriptions to a correctional facility as required.

All medications will be prescribed and administered by DOCCS prescribers and medical staff who are required to be compliant with any Risk, Evaluation and Mitigation Strategies (REMS) requirements for any REMS classified medications.

http://www.osc.state.ny.us/vendrep/documents/system/welcome_package.pdf https://www.osc.state.ny.us/state-vendors http://www.osc.state.ny.us/portal/contactbuss.htm http://www.osc.state.ny.us/vendrep/forms_vendor.htm

IFB #CP-2026-01 Controlled, Legend and OTC Medications Page 20 of 43

4.2 Contractor Responsibilities

A. Services shall be provided during the hours of 7:00 a.m. EST to 7:00 p.m. EST (Mondays through Saturdays) and the hours of 9:00 a.m.