IFB DMH 0000000039SL.pdf
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- Pharmacy Services
- Solicitation number
- 300000275288680
- Issued by
- Missouri
About this file
This Invitation for Bid (IFB) is issued by the State of Missouri Department of Mental Health for pharmaceutical services to support Southeast Missouri Residential Services (SEMORS). The Department seeks a qualified contractor to provide comprehensive pharmacy services for 65 consumers across two locations: Poplar Bluff (35 consumers) and Sikeston (30 consumers), of which 38 are dual eligible for Medicare and Medicaid and 27 receive Medicaid only. The scope of work includes medication dispensing, packaging, labeling, delivery, pharmaceutical consulting, compounding, emergency medication services, quality control inspections, and clinical pharmacist consultation. The contractor must maintain stock medications as specified in Attachments D and E, provide emergency/STAT kits and starter dose kits, ensure electronic integration with the Department's Electronic Health Record system, and participate in the Pharmacy and Therapeutics Committee. The bid submission deadline is 2:00 p.m. CDT on September 10, 2026, with bids to be returned electronically through MissouriBUYS or by mail to the Department of Mental Health Purchasing and General Services. The contract award date is August 26, 2026, with an initial one-year term and four optional one-year renewal periods at the Department's discretion. All terms and conditions remain unchanged during renewal periods.
Pricing shall be submitted on the Pricing Pages with specified fees for clinical pharmacist services (hourly rate), consumer medical history input, physician order forms and medication administration record forms completion, emergency deliveries beyond two free monthly deliveries, and non-third-party billable prescriptions. Legend medications are reimbursed at average wholesale price less a percentage discount, while non-legend medications are paid at net cost less discount. Historical pharmacy expenditures were $34,080.84 in FY24, $35,215.94 in FY25, and $38,423.45 in FY26. Routine delivery services must be provided twice daily Monday through Friday at no charge; emergency delivery is available 24/7 with specified response time guarantees. The contractor must comply with all federal and state laws including HIPAA, maintain current Missouri pharmacy board registration, DEA license, and appropriate liability insurance. The Department will bill third-party payers (Medicare, Medicaid, private insurance) and invoice the contractor for remaining balances. All federal funds requirements apply, including potential annual audit requirements if federal expenditures exceed $1,000,000. The contractor must enroll in E-Verify, pass background checks, and comply with conflict of interest and security requirements established by the Social Security Administration.
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STATE OF MISSOURI Issue Date: August 26, 2026 DEPARTMENT OF MENTAL HEALTH Title: Pharmacy Services INVITATION FOR BID (IFB)# Contract Period:
DMH 0000000039SL Date of Award through One Year
Buyer: Cassandra Witherbee, Procurement Specialist Telephone: (573) 751-5735 E-Mail: Cassandra.Witherbee@dmh.mo.gov SUPPLIERS ARE ENCOURAGED TO RESPOND ELECTRONICALLY THROUGH MISSOURIBUYS, POWERED BY MOVERS BUT MAY RESPOND BY HARD COPY (See Mailing Instructions Below) Return bid to:
By Mail: Department of Mental Health
Purchasing and General Services 1706 E. Elm St/P.O. Box 687 Jefferson City, Missouri 65102-0687
Bids must be received no later than: 2:00 pm (CDT), September 10, 2026
The undersigned hereby agrees to provide the services and/or items, at the prices stated pursuant to the requirements of this document and further agrees that when this document is countersigned by an authorized of�icial of the Missouri Department of Mental Health, a binding contract shall exist between the Contractor and the Department of Mental Health.
Legal Name of Contractor Authorized Signature for the Contractor Date
Contractor’s Address City, State Zip MissouriBUYS/MOVERS ID#
Contact Person Contact Person E-Mail Address Contact Person Phone #
Corporation Individual State/Local Government Partnership Sole Proprietor IRS Tax-Exempt 501C
Notice of Award Section (State Use Only) This bid is accepted by the Department of Mental Health as follows:
Authorized Signature for the Department of Mental Health Date https://missouribuys.mo.gov/bid-board/movers https://missouribuys.mo.gov/bid-board/movers
Instructions for Submitting a Solicitation Response The Department of Mental Health is now posting its bid solicitation documents on the new MissouriBUYS, powered by MOVERS Bid Board at: MissouriBUYS, powered by MOVERS, bid board. MissouriBUYS, powered by MOVERS is the State of Missouri’s web-based statewide eProcurement system, which is powered by our partner, Oracle.
For all bid solicitations, Suppliers are encouraged to submit their solicitation response as an electronic response.
Suppliers may submit a hard copy to the address listed on the solicitation. The submission of electronic responses are explained in detail in the step-by-step instructions provided at: MissouriBUYS, powered by MOVERS, bid response instructions.
Notice: The Supplier is solely responsible for ensuring timely submission of their solicitation response, whether submitting an online response or a hard copy response. Failure to allow adequate time prior to the solicitation end date to complete and submit a response to a solicitation, particularly in the event technical support assistance is required, places the Supplier and their response at risk of not being accepted on time.
ELECTRONIC RESPONSES: To respond electronically to a solicitation, the Supplier must �irst register with MissouriBUYS, powered by MOVERS by going to the supplier registration page: Self-Service Supplier Registration | MissouriBUYS Statewide eProcurement System, enter your email address and click the “Send Access Code” button to obtain an access code and complete the Supplier Registration. Once registered the Supplier should log back into MissouriBUYS, powered by MOVERS, and edit their pro�ile by selecting the organizational contacts that should receive an automated con�irmation of the Supplier’s electronic bid responses successfully submitted to the state.
To respond electronically to a solicitation, the Supplier must login to MissouriBUYS, powered by MOVERS, locate the desired solicitation on the Bid Board, and, at a minimum, the Supplier must read and accept the Original Solicitation Documents and complete pricing and any other identi�ied requirements. In addition, the Supplier should download and save all of the Original Solicitation Documents on their computer so that they can prepare their response to these documents. Suppliers should upload their completed response to these downloaded documents (including exhibits, forms, and other information concerning the solicitation) as an attachment to the electronic solicitation response. Step-by-step instructions for how a registered Supplier responds to a solicitation electronically are available on the MissouriBUYS system at: MissouriBUYS, powered by MOVERS, bid response instructions.
Suppliers are encouraged to submit their entire proposal electronically; however in lieu of attaching exhibits, forms, pricing, etc. to the electronic solicitation response, a Supplier may submit the exhibits, forms, pricing, etc. through mail or courier service. However, any such submission must be received prior to the solicitation’s speci�ied end date and time. Be sure to include the solicitation number, company name, and a contact name on any hard copy solicitation response documents submitted through mail or courier service.
In the event a registered Supplier electronically submits a solicitation response and also mails hard copy documents that are not identical, the Supplier should explain which response is valid for the state's consideration. In the absence of such explanation, the state reserves the right to evaluate and award the response which serves its best interest.
QUESTIONS REGARDING THE IFB
Procurement officer is Single Point of Contact for Solicitation: Suppliers and their agents (including subcontractors, employees, consultants, or anyone else acting on their behalf) must direct all of their questions or comments regarding the IFB, the evaluation, etc., to the procurement officer indicated on the first page of this IFB.
It is preferred that questions be emailed to the procurement officer.
a) Except as noted herein, suppliers and their agents are instructed not to contact any other state employee regarding any of these matters during the solicitation and evaluation process. Inappropriate contacts are grounds for suspension and/or exclusion from specific procurements. Suppliers can be sanctioned for unauthorized contact with any evaluator under 1 Code of State Regulation (CSR) 40-1.060(8)(G) and (H) available at: Secretary of State-Code of State Regulations.
Supplier is Responsible for Asking Questions About the IFB: It is the supplier’s responsibility to ask questions, request changes or clarifications, or otherwise advise the Department if the supplier believes that any language, specifications, or requirements are: 1) ambiguous, 2) contradictory or arbitrary, 3) violate any state or federal law https://ewqg.fa.us8.oraclecloud.com/fscmUI/redwood/negotiation-abstracts/view/abstractlisting?prcBuId=300000005255687 https://missouribuys.mo.gov/media/pdf/movers-bid-response-instructions https://missouribuys.mo.gov/media/pdf/movers-bid-response-instructions https://missouribuys.mo.gov/supplier-registration https://missouribuys.mo.gov/supplier-registration https://missouribuys.mo.gov/media/pdf/movers-bid-response-instructions https://missouribuys.mo.gov/media/pdf/movers-bid-response-instructions http://www.sos.mo.gov/adrules/csr/csr.asp or regulation, 4) restrict or limit the requirements to a single source, or 5) restrict or limit the supplier’s ability to submit a response.
Supplier Question Deadline: Every attempt shall be made to ensure that the supplier receives an adequate and prompt response. However, in order to maintain a fair and equitable procurement process, all suppliers will be advised, via the issuance of an amendment to the IFB, of any relevant or pertinent information related to the procurement. All questions and issues should be submitted no later than 10 calendar days prior to the bid end date and time of the bid. If not received prior to 10 calendar days before the bid end date and time, the Department may not be able to fully research and consider the respective questions or issues.
Department’s Response to Supplier Questions: Upon the Department’s consideration of questions and issues, if the Department determines that changes are necessary, the resulting changes will be included in a subsequently issued IFB amendments; absence of such response indicates that the questions and issues were considered but deemed unnecessary for an IFB amendment. All suppliers will be advised of any change to the IFB’s language, specifications, or requirements by a formal amendment to the IFB. There will be no posted written records of the questions/communications (i.e., formal question/answer document).
IFB is Department’s Only Official Position: The only official position of the Department shall be that which is contained in the IFB and any amendments thereto.
Amendments If the Department determines that changes to the IFB are necessary, the resulting changes will be included in a subsequently issued IFB amendments prior to the bid end date and time.
NOTE: The only of�icial position of the Department shall be that which is contained in the IFB and any addendums thereto.
Addendum Document: If an addendum document is subsequently issued, please follow these steps to accept the addendum documents.
If you submitted an electronic response prior to the addendum date and time, you should review your solicitation response to ensure that it is still valid by taking into consideration the revisions addressed in the addendum document. There are two options for accessing solicitations to submit a response, utilizing the bell icon or the supplier portal. The instruction for responding to an addendum are within the instructions of “Submit Response Online” at: MissouriBUYS, powered by MOVERS, bid response instructions. If a revision is needed to your solicitation response and/or to indicate your acceptance of the addendum document, you will need to accept the addendum and re-submit your response.
End of Instructions for Submitting Solicitation Response https://missouribuys.mo.gov/media/pdf/movers-bid-response-instructions
SOLICITATION ORGANIZATION
This document is divided into the following parts:
Part One: Introduction and General Information Part Two: Contractor Compliance Requirements Part Three: Speci�ic Performance Requirements Part Four: General Contractual Requirements (GCR) Part Five: Invoicing and Payments Part Six: Bid Submission
Attachment A: Business Associate Agreement Attachment B: Proposal Submittal Checklist Attachment C: Federal Funds Requirements Attachment D: Poplar Bluff Stock Medications Attachment E: Sikeston Stock Medications
Attachment #1: Pricing Page Attachment #2: Proposed Methodology, Approach, and Work Plan Attachment #3: Leadership and Work Team Quali�ications – Biographies Attachment #4: Organization Experience and Past Performance
Exhibit #1: Af�idavit of Work Authorization, E-Verify Exhibit #2: Federal Funding Unique Identity ID (Debarment) Exhibit #3: Anti-Discrimination Against Israel Act Certi�ication Exhibit #4: Vendor No Tax Due Certi�ication Exhibit #5: Secretary of State Business Registration Exhibit #6: Blind Sheltered Workshop/SDVE Exhibit #7: Document of Intent to Participate Exhibit #8: Services Outside the United States Exhibit #9: Domestic Products Procurement Act Exhibit #10: Employee/Con�lict of Interest
Attachments: The Supplier is also advised that the attachments to this document, referenced above, provides additional requirements, information, and/or instruction. It shall be the sole responsibility of the Supplier to obtain the attachments. The Supplier shall not be relieved of any responsibility for performance under the subsequent contract due to the failure of the Supplier to obtain a copy of the attachments.
The IFB is available for viewing and downloading on the MissouriBUYS, powered by MOVERS, Statewide eProcurement System. Registered Suppliers are electronically noti�ied of those bid opportunities that match the commodity codes for which the Supplier registered in MissouriBUYS, powered by MOVERS. If a registered Supplier’s e-mail address is incorrect, the Supplier must update the e-mail address themselves on the state's MissouriBUYS, powered by MOVERS Statewide eProcurement System at:
https://ewqg.login.us8.oraclecloud.com/oam/server/obrareq.cgi?encquery%3DLn65g8SWMRqOcklzWPVqJwWjCMcRx%2BE1eEYo%2BsqHWjvDfGxY61Boiod312MTvX2CLoVBXJ3ITVYbBVrQ%2Fk6LL5BMo5vPWPsdI4sYuwyQI3dav%2FPvpDv41PTfwzDBgsac47Jww9XBI38TrpOMKwe7wu9l8q2WeF6HeHfM5zkbKtFMGzzZi0AUh0zncBRHa4tF0KYA2%2BbdG1QYXI2yeSkC0zCmdsjtJWVFZKUqAZ1GYHWtkHWKxofLq1wdJ%2FZnNxeTLIt7jthNGgnucHLAvOBStxt76fuuBJMB%2F3y35Cs0cUMkDPirvx5n84XssG1HgqrJkfj%2BnjiblaWTPAWQeErXz1aeaoairvn%2B4wFQNBtLAheuDNIFkMtrVymEN4Ckn3%2FC3XIwnG7XGLjMBGdJzerzXUiGBDR8JhA2oi4QRgFB6p9dKaG0Zy1ncNn6qj6nVQBsE6XVOgUTVW4H8KtxyHdW9U%2F7vJW0342W7WXRteR4UUGWTpIpgqyhtj11UNvmnSPNu4bVuu6NDf0hyuhWs1VhkmUF6m66soVh1jIHrv5yQ4ususuGgczpPCvuAkiTuYQlChOLHk5VRPEZ%2BW6Kth0NlpriELx%2FxulGKoEd71cw5xnhKSLORjQ8dZo9RefFKnFIb9N5Xhfm1eKvq0u34uQmGnrdjpsG0y8odlkVQbvHKloagYmWQt5Y8dbILTmjLGBbfwuJXmjoPbDLym1qTSD%2F8n3WY%2FMRoIacgRm8RfjSZrfDUFD7bBmspq6nRhDB%2FCfB2NVj8EIfw0OhLg0E1h5uFnLTW96XeBWqnPP%2FOhu5Ru%2BobEIoC3881USUJILuo35vTUaa7VoLEu5JowSVvzg1Mnaj%2FQKVBvG20VgUfwo0cQmDMmKjTrvmGQVSuiS13i7i%2BCE8JnX79NilN8Bdh5g1q2fUgHwjfRLwv4U4sOuFSczAeWYsc%2Fx7bt7j32xnvWRYRqZ9R96cyHzThGVBZNUk81mez2SY8DwjPvXpQHhQZtGLY7VGjRz%2F5WfuUqbngelYegUZLlhGhz7s7LZXpgC%2F%2BthhhpNdNnhYK03POiZQxS47SVw%2BwZwmE4XahZke%2B7WsNDV6%2F%2FIjNwc%2FKWTZeD%2B8JVdVY%2Bu3Tvju5oNd5lX0YhKBgIjX98MUqIqsuZmP6nN2TGAboEJzsapIi2bo45sCjGTa3o8zKbAG0N%2Fj%2F2oDRwEdHtF44i5n7mtlIaHsIbViytgBo4%2F%2BjsMXjzOUTnpZ4Mqy2JotQ1uibkUNp9Tp%2BEP9iG%2BGCfMMnf0erw%2B4kBzWeAEOgnIfkMIN9lZr01MWu9WQA5Pj%2FqHfgxYqm78ePMtsQsmZ3XQ1lgUQLt0QpLbKrD8DQXmaxU4qU3ccK%2FEtlBMkaaFTt7t%2BWZmfmj5ON0Eq5vsb%2B0L98OJtFDwaPHCm13fCqC9h68wf%2FRzLagyrjxBasM6XVJSzAKeCNUtEF2t4J8cO1NcWiOzK54pkPYeik90ou7Wr1Y1IQZq065TOgVyJ9yJNu1y24RueWaUihQrwfGd%2BtSONajfHY1j8o1yW7bHQis7khXfn9meaCcYMPlQg3Oq9od7YEikMt%2B6je1EM%2FMi3zqzzjYUiv4%2FftqJt4WcIUD2UdmSHB2NNcwhzFUMokMZgLNQzAZzOSBeW3zW1AV0tXTicfpu6Chwjrzg8%20agentid%3DOraFusionApp_11AG%20ver%3D1%20crmethod%3D2%26cksum%3Df8442151dd952c18f6af5a2fb82de1209fb1af36&ECID-Context=1.0069OyKV5D7DWbK6yVFg6G0006oV000EZt%3BkXjE
1) INTRODUCTION AND GENERAL INFORMATION
1.1 Purpose
1.1.1 This document constitutes an invitation for competitive, sealed bids from Suppliers for the provision of
Pharmacy Services for the Department of Mental Health, Southeast Missouri Residential Services (referred to hereinafter as the Department) in accordance with the requirements and provisions stated herein.
1.2 Background and Historical Usage Information
1.2.1 The Department of Mental Health is organizationally comprised of three program divisions that serve approximately 150,000 consumers annually. State law provides three principle missions for the Department of Mental Health: (1) the prevention of mental disorders, developmental disabilities, substance abuse, and compulsive gambling; (2) the treatment, habilitation, and rehabilitation of Missourians who have the conditions; and (3) the improvement of public understanding and attitudes about mental disorders, developmental disabilities, substance abuse, and compulsive gambling.
1.2.2 Southeast Missouri Residential Services (SEMORS) is a habilitation center providing services for consumers with developmental disabilities. SEMORS currently supports 65 consumers that reside at the locations identi�ied below. Of the 65 current consumers, 38 are Dual Eligible (i.e. receive Medicare and Medicaid) and 27 receive Medicaid.
a) Southeast Missouri Residential Services – Poplar Bluff with the number of consumers as shown below:
1) Habilitation Center – 29 consumers
2) SEMORS Community Services – Six consumers
b) Southeast Missouri Residential Services - Sikeston with the number of consumers shown below:
1) Habilitation Center–20 consumers
2) SEMORS Community Services - 10 consumers
c) These numbers may vary from month to month. The Department will notify the Contractor of any consumer moves.
1.2.3 Below are the expenditures for pharmacy services:
a) FY24: $34,080.84
b) FY25: $35,215.94
c) FY26: $38,423.45
1.3 Accuracy of Background Information
1.3.1 Although an attempt has been made to provide accurate and up-to-date information, the State of Missouri does not warrant or represent that the background information provided herein reflects all relationships or existing conditions related to this IFB.
1.4 Contract Period - The original contract period shall be as stated on the Notice of Award. The contract shall not bind, nor purport to bind, the state for any contractual commitment in excess of the original contract period. The Department shall have the right, at its sole option, to renew the contract for four additional one-year periods, or any portion thereof. In the event the Department exercises such right, all terms and conditions, requirements, and speci�ications of the contract, including prices, shall remain the same and apply during renewal periods.
1.5 Amendments
1.5.1 If the Department determines that changes to the IFB are necessary, the resulting changes will be included in a subsequently issued IFB amendments prior to the bid end date and time.
1.6 Terminology/Definitions
1.6.1 Whenever the following words and expressions appear in a document or any amendment thereto, the definition or meaning described below shall apply.
a) Amendment means a written, official modification to a contract.
b) Attachment applies to all forms which are included to incorporate any informational data or requirements related to the performance requirements and/or specifications.
c) Buyer means the procurement staff member of the Department of Mental Health.
d) Contact Person as referenced herein is usually the Buyer.
e) Contract means a legal and binding agreement between two or more competent parties, for a consideration for the procurement of equipment, supplies, and/or services.
f) Contractor means a person or organization who enters into a contract.
g) Department means the Missouri Department of Mental Health.
h) Exhibit applies to forms which are included with a contract to be completed and submitted with the contract.
i) May means that a certain feature, component, or action is permissible, but not required.
j) Must means that a certain feature, component, or action is a mandatory condition. Failure to provide or comply will result in a bid being considered non-responsive.
k) Pricing Pages applies to the forms on which the Contractor must state the prices applicable for the equipment, supplies, and/or services required in the contract. The pricing pages must be completed and submitted by the Contractor with the contract.
l) RSMo (Revised Statutes of Missouri) refers to the body of laws enacted by the Legislature which govern the operations of all agencies of the State of Missouri. Chapter 34 of the statutes is the primary chapter governing the procurement operations of the Department.
m) Shall has the same meaning as the word must.
n) Should means that a certain feature, component and/or action is desirable but not mandatory.
2) COMPLIANCES, TERMS & CONDITIONS SECTION
2.1 Applicable Laws and Regulations
2.1.1 The contract shall be construed according to the laws of the State of Missouri. The Contractor and the State of Missouri must follow all applicable federal, state, and local laws and regulations that apply to the performance of the contract. To the extent that a provision of the contract is contrary to the Constitution or laws of the State of Missouri or of the United States, the provisions shall be void and unenforceable.
However, the balance of the contract shall remain in force between the parties unless terminated by consent of both the Contractor and Department.
2.2 Indemnification
2.2.1 Unless expressly provided by Missouri law to the contrary, pursuant to the Constitution of the State of
Missouri Article III, section 39, subsections 2 and 5, the state shall not indemnify, hold harmless, or agree in advance to defend, any person or entity.
2.3 Legal Proceedings
2.3.1 For any legal action or other proceedings, per section 27.050 and section 27.060, RSMo, the Missouri
Attorney General is given the authority to represent the State of Missouri’s interests. The venue for any legal proceeding relating to or arising out of the IFB or resulting contract shall be in circuit court for Cole County, Missouri or the United States District Court for the Western District of Missouri, Central Division.
2.3.2 The Contractor and the state agree that if a dispute concerning the contract arises that the parties shall make an attempt to resolve the dispute through informal methods before initiating litigation.
2.3.3 The State of Missouri does not agree to any arbitration. The State of Missouri does not voluntarily agree to the payment of attorneys’ fees. The State may, but is not required to, mediate any dispute arising under the contract, and any vendor provisions requiring mediation or dispute resolution processes shall not be binding upon the State.
2.4 Non-Discrimination and Affirmative Action
2.4.1 The Contractor must comply with applicable federal and state laws and regulations addressing discrimination in employment.
2.5 Americans with Disabilities Act
2.5.1 In connection with the furnishing of equipment, supplies, and/or services under the contract, the
Contractor and all subcontractors shall comply with all applicable requirements and provisions of the Americans with Disabilities Act (ADA), ADA is 42 U.S.C. section 1201, et seq.
2.6 Non-Appropriation of Funds
2.6.1 The Contractor understands and agrees that funds required to fund the contract must be appropriated by the General Assembly of the State of Missouri for each fiscal year included within the contract period. The contract shall not be binding upon the state for any period in which funds have not been appropriated, have been withheld, or have been restricted, and the state shall not be liable for any costs associated with termination caused by lack of appropriations or authority to spend. This includes, but is not limited to, the provisions of the Mo. Const. Article IV, sections 23, 27, 28 and in sections 33.030 and 33.065, RSMo and 1
CSR 10-3.010 (1)(B).
2.7 Business Associate Agreement
2.7.1 The Department is subject to and must comply with provisions of the Health Insurance Portability and
Accountability Act of 1996 (HIPAA), as amended by the Health Information Technology for Economic and Clinical Health Act (HITECH) (PL-111-5) and all regulations promulgated pursuant to authority granted therein. The Contractor shall abide by a Business Associate Agreement. The Department’s current Business Associate Agreement is contained in Attachment A.
2.7.2 Unless the Contractor declares itself to be a Covered Entity as de�ined in HIPAA regulations, the Contractor shall be a “Business Associate” of the Department, as such term is de�ined in the Code of Federal Regulations (CFR) at 45 CFR 160.103
2.8 Contractor’s Personnel
2.8.1 The Contractor shall only employ personnel authorized to work in the United States in accordance with applicable federal and state laws. This includes but is not limited to the Illegal Immigration Reform and Immigrant Responsibility Act (IIRIRA), P.L. 104-208, 110 Stat. 3009, and INA Section 274A (8 U.S.C.
§1324a).
a) If the Contractor is found to be in violation of this requirement or the applicable state, federal and local laws and regulations, and if the State of Missouri has reasonable cause to believe that the Contractor has knowingly employed individuals who are not eligible to work in the United States, the state shall have the right to cancel the contract immediately without penalty or recourse and suspend or debar the Contractor from doing business with the state. The state may also withhold up to 25% of the total amount due to the Contractor.
b) The Contractor shall fully cooperate with any audit or investigation from federal, state, or local law enforcement agencies.
2.8.2 Pursuant to subsection 1 of section 285.530, RSMo, ‘no Contractor or subcontractor shall knowingly employ, hire for employment, or continue to employ an unauthorized alien to perform work within the state of Missouri’. The Contractor shall adhere to 285.525 through 285.550 RSMo.
2.9 State Preferences
2.9.1 If the Contractor’s awarded bid included state preferences, the Contractor must comply with the rules applicable to those preferences including:
a) Section 34.070 and section 34.073 RSMo for Missouri business preferences;
b) Section 34.074 RSMo and 1 CSR 40-1.050 for Service-Disabled Veteran Enterprises;
c) Section 34.165 RSMo and 1 CSR 40-1.050 for Organizations for the Blind/Sheltered Workshops; and
d) Section 34.350 to 34.359 RSMo for the Missouri Domestic Products Procurement Act.
2.10 Business Compliance Requirements
2.10.1 E-Verify Federal Work Authorization Program, Exhibit #1 - The Contractor must complete and submit a
Business Entity Certification and Affidavit of Work Authorization.
a) For work performed under the contract, the Contractor shall only employ personnel authorized to work in the United States in accordance with applicable federal and state laws, including section 285.530, RSMo and Executive Order 07-13. If the Contractor employs personnel not authorized to work in the United States, the state shall have the right to cancel the contract immediately without penalty or recourse, and to pursue any other remedies permitted by the contract or by applicable state or federal law.
b) Prior to the performance of any services, a Contractor meeting the definition of a business entity in section 285.525, RSMo, shall maintain enrollment and participation in the E-Verify Federal work authorization program with respect to the employees hired after enrollment in the program for work in connection with the contracted services included herein. If the Contractor’s business status changes during the life of the contract to become a business entity as defined in section 285.525, RSMo, pertaining to section 285.530, RSMo, then the Contractor shall enroll and participate in the E-Verify program.
c) The Contractor shall only be required to provide the affidavits required in section 285.530.2, RSMo, to the state on an annual basis.
2.10.2 Federal Funding Unique Identity ID, Exhibit #2 - The Contractor must not be presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in the contract by any Federal department or agency pursuant to 2 CFR Part 180, or any other applicable law. The Contractor should provide its Unique Identity ID number and on the Exhibit #2, Federal Funding Unique Identity ID.
a) In the event the Contractor or any of its principals become suspended or debarred during the contract period, the Contractor shall immediately send written notification to the Department. The Department reserves the right to terminate the contract due to suspension or debarment of the Contractor or its principals, or failure by the Contractor to provide written notification of suspension or debarment.
2.10.3 Anti-Discrimination Against Israel Act Certification, Exhibit #3 - The Contractor must complete and submit the Anti-Discrimination Against Israel Act Certification if the Contractor meets the de�inition of a company as de�ined in section 34.600, RSMo, and has 10 or more employees.
a) The Contractor shall not engage in a boycott of goods or services from the State of Israel from companies doing business in or with Israel or authorized by, licensed by, or organized under the laws of the State of Israel, or from persons or entities doing business in the State of Israel as de�ined in section 34.600, RSMo.
b) If during the life of the contract, the Contractor’s business status changes according to section 34.600, RSMo, then the Contractor shall comply with, complete, and submit to the Department an updated Exhibit #3, Anti-Discrimination Against Israel Act Certification.
2.10.4 State of Missouri Tax Compliance - Exhibit #4 - In accordance with section 34.040.7 RSMo, the Contractor must be in tax compliance with the Missouri Department of Revenue. The Missouri Department of Revenue will issue a “Vendor No Tax Due” certi�icate if the Contractor is properly registered to collect and have properly remitted sales and/or use tax, or if the Contractor is not making retail sales in Missouri. The Contractor certi�ies by signing the signature page of this original document and any addendum signature page that the Contractor and any proposed subcontractors either are presently in compliance with such laws or shall be in compliance with such laws prior to any resulting agreement award.
2.10.5 Registration of Business Name with the Missouri Secretary of State, Exhibit #5 - In accordance with section 351.572, RSMo, the Contractor must obtain a certification of authority from the Missouri Secretary of State, such certification must be either:
a) Good Standing
b) Fictitious Active, or
c) Identify how the Contractor’s business is exempt from registering with the Missouri Secretary of State.
2.10.6 General Business Compliance - The Contractor must be in compliance with the laws regarding conducting business in the State of Missouri. The Contractor certifies by signing the signature page of this original document and any amendment signature pages that the Contractor and any proposed subcontractors either are presently in compliance with such laws or shall be in compliance with such laws prior to any resulting contract award. Likewise, the Contractor shall remain in compliance with such laws for the duration of the resulting contract. The Contractor shall provide documentation of compliance upon request by the Department. The compliance to conduct business in the state shall include, but not necessarily be limited to:
a) Taxes (e.g., city/county/state/federal);
b) State and local certifications (e.g., professions/occupations/activities);
c) Licenses and permits (e.g., city/county license, sales permits); and
d) Insurance (e.g., worker’s compensation/unemployment compensation).
The Contractor should refer to the Missouri Business Portal at: Missouri Business Resources for additional information.
2.11 Federal Funds Requirements
2.11.1 The Contractor shall understand and agree that the contract may involve the use of federal funds. The
Contractor shall comply with applicable Federal Funds Requirements, as amended by the federal government, which may include some or all of the paragraphs contained in Attachment C or other requirements identified by the federal government.
2.11.2 If during the Contractor’s fiscal year, the Contractor expends $1,000,000 or more in federal grant funds received from the Department, the Contractor shall have an annual audit conducted in accordance with 2
CFR 200.
a) The audit shall be conducted by an individual or firm licensed by the Missouri State Board of
Accountancy.
b) The Contractor shall submit a copy of the audit to the Department by the due date for filing the audit with the federal clearinghouse.
c) Failure to comply with the audit requirements may result in reduction of available allocation of funds, reduction, or suspension of payments to the Contractor or cancellation of this contract between the Department and the Contractor.
2.11.3 The Contractor shall comply with applicable requirements of 31 U.S.C. § 1352 relating to limitations on use of appropriated funds to influence certain federal contracting and financial transactions.
2.12 Open Records
2.12.1 Pursuant to section 610.021, RSMo, the contract and related documents are available for public review.
2.13 Retention of Records and Documents
2.13.1 Unless specified in writing as a shorter period of time, the Contractor shall preserve and make available with no limitation all books, documents, papers, and records involving transactions related to the contract for a period of 10 years from the date of the cancellation, expiration, or termination of the contract. Records and supporting documentation under audit or involved in litigation shall be kept for two years following the conclusion of the litigation or audit. During the contract period, access to these items shall be provided through a vehicle specified by the Department. During the post contract period delivery and access to these items shall be at no cost to the Department.
2.14 Social Security Administration Electronic Information Exchange Security Requirements
2.14.1 The Department is an Electronic Information Exchange Partner of the Social Security Administration (SSA) and is subject to and must comply with the provisions of the Federal Information Security Management Act (FISMA) as part of the Electronic Government Act of 2002, and relevant policy provided by the National Institute of Standards and Technology (NIST), a branch of the U.S. Department of Commerce, that has responsibility to outline and define compliance with FISMA.
2.14.2 The Contractor is subject to the same data security requirements as employees of the Department and must comply with all relevant Federal laws, restrictions on access, use, disclosure, and the security requirements contained within the Department’s agreement with SSA.
a) The SSA Agreement, related Information Exchange Agreements, and all related attachments are provided for the Contractor and their authorized users on the Departments Information System (CIMOR and other identified systems) portal on the Apps-Docs-Video page.
2.14.3 In order to comply with SSA requirements, the Department must provide an active and robust security awareness program and security training for the Contractor and their employees or agents who access SSA-provided information. Therefore, the Contractor, and employees or agents under the control of the Contractor who access SSA-provided information, shall take an annual, mandatory training provided by the Department.
a) SSA-required training is available on the Departments Information System (CIMOR and other identified systems) portal on Apps-Docs-Video page. The Contractor must certify that all employees and agents under its control complete the annual training, as provided on the CIMOR portal.
http://business.mo.gov/
2.14.4 The Contractor, and employees or agents under the control of the Contractor, who view SSA-provided information, must certify that they understand the potential criminal, civil, and administrative sanctions, or penalties for unlawful access and/or disclosure.
a) Certification shall be completed on the CIMOR portal on the attestation page prior to accessing any verified SSA information.
2.14.5 The Department reserves the right to perform onsite reviews of the Contractor’s facility to determine that the following SSA requirements are being met:
a) Safeguards for sensitive information;
b) Technological safeguards on computers that have access to SSA provided information;
c) Security controls and measures to prevent, detect, and resolve unauthorized access to, use of, and re-disclosure of SSA-provided information; and
d) Continuous monitoring of the Contractor’s network infrastructures and assets.
3) SPECIFIC PERFORMANCE REQUIREMENTS
3.1 General Requirements
3.1.1 The Contractor shall provide pharmaceutical services for the Department of Mental Health in accordance with the provisions and requirements stated herein and to the sole satisfaction of the Department.
3.1.2 The Contractor shall either provide the services directly or shall provide personnel who must comply with the requirements stated herein. Therefore, references to “the Contractor” throughout this document shall also be deemed to include the person/personnel provided by the Contractor.
3.1.3 The contractor must comply with all rules, regulations, and standards established by State of Missouri statute, Federal statute, and The Joint Commission (hereinafter referred to as “TJC”) that are applicable to pharmacy services. The contractor must provide pharmacy services that shall allow the state agency to remain in compliance with all applicable laws and standards including, but not limited to, Chapter 338, RSMo, Medicare, Medicaid, TJC, Title XVIII, and Title XIX.
3.1.4 The contractor must have an emergency plan in place to service all locations herein in the event of a crisis, including, but not limited to natural and biological disasters.
3.1.5 On an annual basis, the contractor shall review the contractor’s pharmacy operational procedures concerning the control and accounting of pharmaceuticals and biologicals with the state agency.
3.1.6 Unless otherwise speci�ied herein, the contractor shall furnish all material, labor, facilities, equipment, and supplies necessary to perform the services required herein.
3.2 Contractor’s Pharmacy System Requirements
3.2.1 The contractor must be connected to participate in the Surescripts network.
3.2.2 The contractor’s pharmacy system shall have the ability to securely interface electronically to the state agencies Electronic Health Record (EHR) system.
3.2.3 It is strongly desired the contractor’s pharmacy system have the capability to scan National Drug Code (NDC) on printed packaging.
3.2.4 The contractor shall work with the state agencies Information Technology Services Division (ITSD) for system set up and order processing.
3.3 Pharmacy Services Requirements
3.3.1 Procedures – Within 30 calendar days following the Department’s authorization to the Contractor to proceed with services, the Contractor shall develop pharmacy operational procedures concerning the control and accounting of pharmaceuticals and biologicals at the Department. The pharmacy operational procedures must comply with the Department’s current policies and procedures and all requirements included herein. A copy of the Department’s current policies and procedures will be provided to the Contractor following the Department’s authorization to the Contractor to proceed with services. Upon approval by the Department, the Contractor’s pharmacy operational procedures shall become the property of the State of Missouri, and the Contractor shall abide by such approved procedures.
3.3.2 In-Service Training:
a) Initial Orientation – Within 30 calendar days following the Department’s authorization to the
Contractor to proceed with services, the Contractor must conduct in-service training for the Department regarding initial orientation of the Contractor’s pharmacy system and use of equipment. In addition, if requested by the Department, the Contractor shall include instructions on generic equivalents or new medications, side effects, new techniques, medication administration, etc.
b) Follow-Up Training – On an as needed, if needed basis and in order for the Department to maintain compliance with requirements of Title XVIII and Title XIX standards, TJC standards, and Department of Mental Health Operating Regulations, the Contractor must provide follow-up in-service training. The Contractor’s follow-up in-service training shall include on-going instructions and updates to the initial orientation as well as instructions regarding changes and updates in best practices related to medication administration. The Contractor shall provide personnel who are quali�ied through education and experience to provide the follow-up training on the subject matter covered in the follow-up training being provided.
c) The Contractor shall provide reference materials used in the in-service trainings.
d) The Contractor shall document and coordinate all in-service trainings with the Department. The
Contractor shall submit the documentation of trainings provided to the Department within 30 business days after the completion of the training.
3.3.3 Implementation of Services – The Contractor must be fully operational and begin providing services no later than 30 calendar days from the date the Department authorizes the Contractor to proceed with services. During the 30 calendar-day period, the Contractor shall:
a) Work with the Department and any other organizations designated by the Department to ensure an orderly transition of services and responsibilities under the contract and to ensure a smooth transition of the pharmacy services, and
b) Complete all activities necessary to be fully operational and compliant with the requirements herein.
3.3.4 Pharmacy Operational Procedures Manual: For state agency approval, the contractor shall develop a pharmacy operational procedures manual documenting the control and accounting of pharmaceuticals and biologicals at the state agency. The pharmacy operational procedures manual must comply with the state agency’s current policies and procedures and all requirements stated herein. A copy of the state agency’s current policies and procedures will be provided to the contractor upon authorization from the state agency for the contractor to proceed with services.
a) If requested by the state agency, the contractor shall make modi�ications and additions/deletions to the pharmacy operational procedures manual as requested by the state agency at any time throughout the life of the contract. The contractor shall provide the state agency with additional drafts of the pharmacy procedures manual until the state agency approves the pharmacy operational procedures manual.
b) Once approved by the state agency, the pharmacy operational procedures manual shall become the property of the State of Missouri.
c) The contractor shall operate in accordance with the approved pharmacy operational procedures manual.
3.3.5 Forms – The contractor shall provide ample quantities of the following forms throughout the contract. In addition, upon request by the Department, the contractor shall provide the Department with blank forms.
a) Physician Order Forms – The contractor shall provide 8.5” x 11” physician’s order form that include two carbonless parts: a chart copy and a pharmacy copy
b) Medication Administration Record (MAR) Forms – The contractor shall provide 8.5” x 11” MAR forms which shall be 32-pound ledger stock paper and must have three holes spaced equally across the 11” side to �it a standard three-ring binder.
3.3.6 Consumer Information – The Department will provide the Contractor with each consumer’s medical history, diagnoses, and consumer records.
a) Medical History and Diagnoses – Prior to implementation of services, the Contractor must input each consumer’s medical history and diagnoses into the Contractor’s pharmacy system. By no later than 10 calendar days after the receipt of information from the Department, the Contractor shall input newly admitted consumers’ medical history and diagnoses into the Contractor’s pharmacy system.
b) Consumer Records:
1) Prior to implementation of services, the Contractor shall enter the information listed below from the consumer records onto the Contractor’s physician’s order forms and MAR forms and submit the completed forms to the Department.
Consumer’s name and address (living area)
Appropriate permission of substitution noted
Medication name Physician’s name Generic name of medication if generically dispensed Medicaid number, if applicable Diet orders
Strength of medication Allergies Complete instructions as to administering medication (specify time of day as written on the physician’s order)
Diagnosis Any miscellaneous orders for lab, physical therapy, etc.
2) The Contractor shall agree and understand that any changes to the consumer information will be communicated by the Department to the Contractor in writing. Upon receipt of the updated consumer information from the Department, the Contractor must update all copies of the physician’s order forms with the new information.
For all physician’s order forms received by the Contractor by the 20th day of the month, the contractor shall return the updated forms to the Department by no later than 4 business days prior to the end of the month.
For all physician’s order forms received after the 20th day of the month, the Contractor shall return the updated forms to the Department by no later than 4 business days prior to the end of the following month.
3.4 Pharmaceutical Consulting Requirements
3.4.1 The contractor shall provide pharmaceutical consulting services on an as needed, if needed basis, pursuant to the requirements herein. The state agency estimates, but cannot guarantee, that SLDDTC may require approximately 12 hours and BHC approximately 20 hours of pharmaceutical consulting services on a monthly basis. Pharmaceutical charges in excess of estimated hours stated per month are to be approved by the Director of Nursing. Documentation substantiating hours billed over estimated amounts to accompany invoice.
3.4.2 Pharmaceutical consulting services must be provided by a pharmacist licensed by the Missouri State Board of Pharmacy.
3.4.3 The pharmaceutical consultant shall participate as an active member of the state agency’s Pharmacy and Therapeutics Committee which meets quarterly at the state agency for an average of one or two hours per meeting.
a) The state agency’s Pharmacy and Therapeutics Committee meets to update the state agency drug formulary and pharmacology manual and to discuss medications kept in emergency dose medication kits and starter dose kits, medication errors, etc.
3.4.4 If required by the state agency, the contractor’s pharmaceutical consultant shall attend and be present at the state agency for any inspection or audit by a Title XVIII, Title XIX, TJC, or other applicable inspection team.
3.4.5 The contractor’s pharmaceutical consultant shall provide clinical consultation on an as needed, if needed basis, as required by the state agency. At a minimum, the contractor’s pharmaceutical consultant shall review medication pro�iles at the time of a consumer’s admission and at least two times per year thereafter for all consumers. The contractor’s pharmaceutical consultant shall submit a written report documenting all recommendations from the review of medication pro�iles to the state agency by no later than 24 hours following each review.
3.4.6 The contractor shall collaborate with the state agency’s Clinical Practices Committee to study trends and to address medication errors other than pharmacy errors.
3.4.7 The contractor shall be paid for pharmaceutical consulting services provided in accordance with the �irm, �ixed price per hour stated on the Pricing Pages of the contractor’s awarded proposal.
3.5 Medication Requirements
3.5.1 Stock Medications, Starter Kits, and Emergency/STAT Kits – Prior to implementation of services, the
Contractor shall stock the following medications and shall maintain ample quantities of each throughout the contract. As stock medications and kits are used by the Department, the Department will notify the Contractor of such usage. The Contractor shall replace any used medications by no later than the �irst routine delivery the next day after the Department noti�ication.
a) The Contractor shall provide the stock medications for Poplar Bluff SEMORS that are listed in
Attachment D.
b) The Contractor shall provide the stock medications for Sikeston SEMORS that are listed in Attachment
E.
c) Kits: The Contractor shall provide the following kits stocked with the medications speci�ied by the
Department. The Contractor must provide a listing of the contents of each kit.
1) Starter Dose Kit – The Contractor shall provide one starter dose kit for the Department.
2) Emergency/STAT Kits – The Contractor shall provide an emergency/STAT kit in a locked container or box at the Department. The Contractor shall understand and agree that the locked emergency/STAT kit will be maintained under double lock since the Department will store the emergency/STAT kit in a locked area.
3) IV start kit with IV pump and IV pole. Will be kept in medical until use.
3.5.2 The Contractor shall maintain a current listing of the Department’s current drug formulary as required by the Pharmacy and Therapeutics Committee. Upon receipt of a new prescription from the Department and prior to completing the order, the Contractor shall:
a) Con�irm the drug is on the Department’s current drug formulary and call the prescribing physician/designee if not;
b) Evaluate the prescription for drug interactions in accordance with best practice standards and notify the on-call physician when there are contradictions for drug regiments; and
c) Implement quality control procedures around the identi�ication and reduction of polypharmacy and call the on-call physician for con�irmation anytime more than two drugs in the same drug classi�ication have been ordered.
3.5.3 Packaging, Labeling, and Dispensing – The Contractor shall package, label, and dispense a monthly supply of drugs except for those drugs that are normally prescribed for a shorter period of time or as otherwise speci�ied by the physician and in accordance with State and Federal regulations, including the Federal Food, Drug, and Cosmetic Act and the state Medicaid vendor program.
a) Except for liquid medications, narcotic unit dose cards, and medications required to be on a card, the contractor must provide medications in perforated strip packs.
1) Strip packs must have consumers name, location, and patient id, date, day, and time to take medication, medication name, dose size, quantity, expiration date, and doctor’s name.
2) Medications are to be provided in separate strip packs if taken multiple times per day, (i.e. 8:00 a.m., 4:00 p.m., 8:00 p.m. – would require three strip packs).
b) The contractor must deliver topical, liquid, nasal sprays, eye ointments, drops, insulin, and multi-dose vials with date opened labels af�ixed.
c) The contractor shall dispense liquid medications in disposable, plastic containers or oral syringes in an appropriate size to hold the medication dosage ordered by the physicians, unless otherwise speci�ied by the state agency or the manufacturer and in accordance with the following:
1) Liquid prescription plastic containers must be graduated in ounces and millimeters.
2) Liquid prescription labels must state the number of cc’s equal to the speci�ic dose ordered by the physician.
3) The dropper must be clearly calibrated to the exact dosage ordered by the physician.
d) At a minimum, the contractor shall label all prescriptions with the following information:
1) The prescription number;
2) Name, strength, manufacturer, lot…
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