STATE 0000000494SL Page 2

State of Missouri Office of Administration, Division of Purchasing

Request for Proposal (RFP) for Retail Pharmacy Services

PROPOSAL DUE NO LATER THAN: July 31, 2026 AT 2:00 PM CENTRAL TIME Proposal response must be submitted electronically through MissouriBUYS, powered by MOVERS, at https://missouribuys.mo.gov.

E-mailed, mailed, courier, or hand-delivered proposal responses will not be accepted.

RFP CONTACT INFORMATION:

BUYER: Ariel Bradford

PHONE NO.: (573) 751-2497

EMAIL: Ariel.Bradford@oa.mo.gov See “RFP Questions” in Section 1 for appropriate communications during the procurement process.

DELIVER SUPPLIES/SERVICES FREE ON BOARD (FOB) DESTINATION TO THE FOLLOWING ADDRESS:

ATTENTION:

1. After reviewing the Request for Proposal (RFP), the vendor must complete and return Exhibit A, Proposal Signature Page and all other necessary exhibits.

2. Due to lead times for obtaining the information needed to complete the various Business Compliance Exhibits herein as explained in the RFP’s Vendor Response Exhibits, vendors are encouraged to IMMEDIATELY begin securing these verifications.

3. The vendor must be registered in MissouriBUYS, powered by MOVERS in a “Prospective” or “Spend Authorized” registration status to submit a proposal. The vendor must achieve “Approved” registration status in MissouriBUYS (WebProcure/Proactis) and “Spend Authorized” registration status in MissouriBUYS, powered by MOVERS to be considered for a contract award. Reference Section 5.

RFP Organization:

RFP Vendor Response Exhibits (Return these exhibits with the proposal)

BUSINESS COMPLIANCE EXHIBITS

Separate Document: The vendor is advised that a separate document to this document referenced above provides additional requirements, information, and/or instruction. The separate document must be downloaded from the Division of Purchasing’s MissouriBUYS, powered by MOVERS, website at: https://missouribuys.mo.gov/. The separate document is downloadable from the same web page where the solicitation document is downloadable. It shall be the sole responsibility of the vendor to obtain the separate document. The vendor shall not be relieved of any responsibility for performance under the subsequent contract due to the failure of the vendor to obtain a copy of the separate document.

INTRODUCTION AND BACKGROUND INFORMATION SECTION

Introduction:

Purpose: This document constitutes a request for competitive, sealed proposals for the provision of retail pharmacy services as set forth herein for Department of Mental Health.

Minimum Experience Qualifications: There are minimum experience qualifications in the RFP (See Section 2.2, Minimum Experience Requirements in Section 2: Scope of Work).

Titles: Titles of paragraphs used herein are for the purpose of facilitating reference only and shall not be construed to infer a contractual construction of language.

Background and Historical Usage Information:

The Missouri Department of Mental Health (DMH), Division of Behavioral Health (DBH), began operating a Forensic Mobile Team on January 1, 2020. DMH, DBH’s Forensic Mobile Team operates as part of DMH’s Western Region Community Operations Team and is an outpatient service supervised by DMH, DBH’s Regional Executive Officer.

1.2.2 The Missouri Department of Mental Health (DMH), Division of Behavioral Health (DBH), began operating a Forensic Mobile Team in 2023. DMH, DBH’s Forensic Mobile Team operates as part of DMH’ Eastern Region Community Operations Team and is an outpatient service supervised by DMH, DBH’s Regional Executive Officer

DMH, DBH’s Forensic Mobile Team was established in order to provide voluntary bridge outpatient services (hereinafter referred to as retail pharmacy services) to the following:

Consumers on the DMH, DBH’s inpatient waitlist or;

To DMH clients identified by DMH and a court, as a high risk of entering DMH, DBH’s inpatient waitlist; or To DMH clients at a high risk of being admitted to a DMH inpatient facility.

DMH, DBH’s Forensic Mobile Team provides retail pharmacy services to recently discharged consumers from DMH’s Center for Behavioral Medicine across the Western, Southwestern and Southcentral regions, as well as county jails in the western region of the state of Missouri.

1.2.5 DMH, DBH’s Forensic Mobile Team provides retail pharmacy services to recently discharged consumers from DMH’s St Louis Forensic Treatment Center (FTC) across the Eastern, Northeast, and Southeast regions as well as county jails in the eastern region of the State of Missouri

Current and/or Previous Contract Information:

A current contract exists for the products and/or services being obtained via this RFP. A copy of the contract can be viewed and printed from the Division of Purchasing’s Awarded Bid & Contract Document Search System located on the Internet at: https://purch.oa.mo.gov/bidding-contracts/awarded-bid-contract-document-search. In addition, all proposal and evaluation documentation leading to the award of that contract may also be viewed and printed from the Division of Purchasing’s Awarded Bid & Contract Document Search System. Please reference the Bid number RFPS30034902101658 or the contract number CS211658001 when searching for these documents.

RFP Questions:

Buyer is Single Point of Contact for Solicitation: Vendors and their agents (including subcontractors, employees, consultants, or anyone else acting on their behalf) must direct all of their questions or comments regarding the RFP, the evaluation, etc., to the buyer indicated on the first page of this RFP. It is preferred that questions be emailed to the buyer.

Except as noted herein, vendors 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. Vendors 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 http://www.sos.mo.gov/adrules/csr/csr.asp.

Minority Business Enterprise/Women Business Enterprise (MBE/WBE) and Service-Disabled Veteran Enterprise certification or subcontract questions should be directed to the Office of Equal Opportunity (OEO) at http://oeo.mo.gov.

Vendor is Responsible for Asking Questions About the RFP: It is the vendor’s responsibility to ask questions, request changes or clarifications, or otherwise advise the Division of Purchasing if the vendor believes that any language, specifications, or requirements are: (1) ambiguous, (2) contradictory or arbitrary, (3) violate any state or federal law or regulation, (4) restrict or limit the requirements to a single source, or (5) restrict or limit the vendor’s ability to submit a proposal.

Vendor Question Deadline: Every attempt shall be made to ensure that the vendor receives an adequate and prompt response. However, in order to maintain a fair and equitable procurement process, all vendors will be advised, via the issuance of an amendment to the RFP, of any relevant or pertinent information related to the procurement. All questions and issues should be submitted no later than ten (10) calendar days prior to the proposal closing date and time of the proposals. If not received prior to ten (10) calendar days before the proposal closing date and time, the Division of Purchasing may not be able to fully research and consider the respective questions or issues.

State’s Response to Vendor Questions: Upon the Division of Purchasing’s consideration of questions and issues, if the Division of Purchasing determines that changes are necessary, the resulting changes will be included in a subsequently issued RFP amendment(s); absence of such response indicates that the questions and issues were considered but deemed unnecessary for an RFP amendment. All vendors will be advised of any change to the RFP’s language, specifications, or requirements by a formal amendment to the RFP. There will be no posted written records of the questions/communications (i.e., formal question/answer document).

RFP is State’s Only Official Position: The only official position of the State of Missouri shall be that which is contained in the RFP and any amendments thereto.

Amendments:

If the Division of Purchasing determines that changes to the RFP are necessary, the resulting changes will be included in a subsequently issued RFP amendment(s) prior to the proposal closing date and time.

Glossary of Terms and Acronyms:

Whenever the following terms and acronyms appear in the RFP document or any amendment thereto, the definitions or meanings described below shall apply.

General Glossary, Acronyms, and Abbreviations:

Agency and/or State Agency means the statutory unit of state government in the State of Missouri for which the equipment, supplies, and/or services are being purchased by the Division of Purchasing (Purchasing). The agency is also responsible for payment, unless otherwise specified herein.

Amendment means a written, official modification to a solicitation or contract.

Attachment applies to all documents which are included with an RFP to incorporate any informational data or requirements related to the performance requirements and/or specifications.

Buyer means the procurement staff member of Purchasing.

Code of State Regulation (CSR) contains the current administrative rules of executive agencies of Missouri government. The regulations are arranged by agency rather than by subject.

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.

Contractor means a supplier, offeror, person, or organization who is a successful vendor as a result of an RFP and who enters into a contract.

Exhibit applies to forms which are included with an RFP for the vendor to complete and submit with their proposal prior to the specified closing date and time.

May means that a certain feature, component, or action is permissible, but not required.

Must means that a certain feature, component, or action is a mandatory condition.

Party refers to either the State of Missouri or the contractor as an entity that may enter into a contract pursuant to the terms herein.

Pricing Page(s) applies to the form(s) on which the vendor must state the price(s) applicable for the equipment, supplies, and/or services required in the RFP. The pricing pages must be completed and submitted by the vendor with the proposal prior to the specified proposal closing date and time.

Proposal Closing Date and Time and similar expressions mean the exact deadline required by the RFP for the receipt of sealed proposals.

Purchase Order means the authorized document issued by the state agency to the contractor indicating descriptions, quantities, and agreed prices for products and/or services.

Reasonable, Necessary or Proper as used herein shall be interpreted solely by the State of Missouri.

Request for Proposal (RFP) means the solicitation document issued by Purchasing to potential vendors for the purchase of equipment, supplies, and/or services as described in the document. The definition includes the following sections: Introduction and Background Information; Scope of Work; Terms and Conditions (“terms and conditions” and “Terms and Conditions” are used interchangeably throughout the RFP); General Contractual Requirements; and Vendor Submission, Evaluation, and Award Information; and the RFP Vendor Response Exhibits, Attachments, and Amendments of the RFP.

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 operations of Purchasing.

Shall has the same meaning as the word must.

Should means that a certain feature, component and/or action is desirable but not mandatory.

State collectively referring to the state government and/or the agencies thereof.

Supplier has the same meaning as the word, vendor.

Vendor means the supplier, offeror, person, or organization that responds to an RFP by submitting a proposal with prices to provide the equipment, supplies, and/or services as required in the RFP document.

Technical Glossary:

Individual Recovery Plan means a plan of intervention and support developed by the individual and the interdisciplinary team based on individualized assessments of need, specifying all goals and objectives and the steps to achieve them.

Legend Medication means a medication requiring a written prescription.

Non-Third-Party Billable Prescriptions mean legend medications.

Non-Legend Medication means a medication not requiring a written prescription (including over-the-counter medications).

Prescription means a written order issued by a Forensic Mobile Team prescriber that authorizes a pharmacist to supply legend, non-legend, pharmaceuticals, and other related prescribed items for a consumer.

Prescribed Items means a prescription for equipment such as AeroChamber, Glucometer, etc.

Accuracy of Background Information:

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 RFP.

****END OF INTRODUCTION AND BACKGROUND INFORMATION SECTION****

SCOPE OF WORK SECTION

General Requirements:

The contractor shall provide retail pharmacy services, legend and non-legend medications, and other prescribed items for the consumers of the Department of Mental Health, Division of Behavioral Health (hereinafter referred to as the state agency), Forensic Mobile Team, in accordance with the provisions and requirements stated herein and to the sole satisfaction of the state agency.

The contractor must comply with all rules, regulations, and standards established by State of Missouri statute, Federal statute, and The Joint Commission (TJC) that are applicable to retail pharmacy services. The contractor must provide retail 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, Title XIX.

The contractor’s retail pharmacy must be located in the State of Missouri and within a 30-mile radius of the state agency’s Forensic Mobile Team, at the address listed on the front cover page of this RFP.

The contractor must provide all medications in conformance to the following:

The standards set by the United States Pharmacopeia and National Drug Formulary (USP-NF);

The approved drug products list of the Food and Drug Administration (FDA); and The Missouri Department of Social Services, MO HealthNet Drug Formulary.

Contractor’s Obligation: Unless otherwise specified herein, the contractor shall furnish all material, labor, facilities, equipment, and supplies necessary to perform the services required herein.

Minimum Experience Requirements:

0. The contractor must meet or exceed the following minimum experience requirements at the time of proposal submission and for the duration of the contract:

The contractor must possess all licenses, permits, and registrations to fulfill all of the requirements of the contract.

The contractor must possess a current valid registration with the Missouri Board of Pharmacy and must maintain a certificate of product and professional liability insurance; and

The contractor must possess a U.S. Department of Justice, Drug Enforcement Administration (DEA) license for drug schedules II-V.

The contractor must have at least one year of experience providing retail pharmacy services, including overnight deliveries and routine deliveries.

Personnel Requirements:

Pharmacists – The contractor shall provide pharmacists that shall oversee the services provided herein.

The contractor’s pharmacists must have a pharmacist license.

The contractor’s pharmacists must have a minimum of one (1) year of experience with leadership

The contractor’s pharmacists must have a minimum of one (1) year of experience providing retail pharmacy services.

Pharmacy Technicians

–The contractor shall provide pharmacy technicians that must possess a pharmacist technician’s license/certification

The contractor’s pharmacy technician must have a minimum of one (1) year of experience filling prescriptions.

The contractor’s pharmacist technicians must have a minimum of one (1) year of experience providing retail pharmacy services.

The contractor shall provide sufficient competent and qualified pharmacists, pharmacy technicians, and other personnel necessary to provide the retail pharmacy services required herein. All contractor personnel providing services must be licensed and registered in the State of Missouri, as required in accordance with Chapter 338, RSMo.

Within five (5) business days after a state agency request, the contractor must provide a copy of a pharmacist’s license to the state agency.

Retail Pharmacy Services Requirements:

The contractor must be a fully operational retail pharmacy.

For purposes of the contract, the contractor shall understand and agree that “fully operational” shall mean the contractor’s pharmacy is able to immediately provide retail pharmacy services and begin entering consumer records and personal information.

The contractor must begin providing retail pharmacy services to the state agency within 24 hours after the state agency’s authorization to proceed with services.

The contractor shall maintain all digital consumer records.

Medication Requirements:

The contractor shall receive physician’s prescriptions for legend medications, request for non-legend medications, and/or prescribed items via email, paper, or phone Monday through Friday, between 8:30 A.M. and 4:30 P.M. CST, excluding weekends and state holidays, which can be found posted on the internet at http://oa.mo.gov/commissioner/state-holidays.

The contractor shall dispense all medications within one hour from the receipt of the physician’s prescription for legend medications, request for non-legend medications, and/or prescribed items from the state agency.

The contractor shall dispense all medications in a 30-calendar day supply, unless otherwise specified by the physician’s prescription and requested non-legend medications.

Upon receipt of a physician’s prescription, the contractor must review the consumer records and evaluate the physician’s prescription for drug interactions. The contractor shall immediately contact the issuing physician/physician’s designee when there are contraindications for prescribed drug regiments.

The contractor shall provide medications in accordance with the state agency’s MO HealthNet Drug Formulary and shall maintain a current listing of the Missouri Department of Social Services, MO HealthNet Formulary, as required by the state agency’s Pharmacy and Therapeutics Committee.

Within five (5) business days after receiving the state agency’s authorization for the contractor to proceed with services, the state agency will provide a copy of the Missouri Department of Social Services, MO HealthNet Drug Formulary to the contractor.

The contractor shall provide therapeutic equivalence of all medications dispensed at all times.

The contractor must ensure all medications dispensed shall contain an expiration date and that such expiration date shall not be reached before a consumer is scheduled to consume all the medications.

In the instance the contractor must dispense non-third-party medications, the contractor shall be responsible for prescription reimbursements from consumer insurance, Medicaid, Medicare when available, and third-party reimbursements to the state agency.

The contractor shall understand and agree that all medications must be pharmaceutically elegant by ensuring that the color, taste, odor and general appearance of the medications are consistent. The contractor must label all prescriptions for which changes in color, taste, odor, and general appearance of medications may occur.

The contractor may substitute brand name medication with generic medication, unless the state agency or the physician specifically requests a brand name medication. If generic medication is dispensed, the contractor must ensure that the generic medication is the therapeutic equivalent of the brand name medication.

The contractor shall dispense liquid medication in disposable plastic containers or oral syringes in appropriate sizes, to hold the medication dosage prescribed by the physician, unless otherwise specified by the state agency or the manufacturer and in accordance with the following:

The contractor’s liquid prescription plastic containers must be graduated in ounces and millimeters;

The contractor’s liquid prescription labels must state the number of cc’s equal to the specific dose prescribed by the physician; and

The contractor’s dropper must be clearly calibrated to the exact dosage prescribed by the physician.

At a minimum, prescriptions must be labeled by the contractor, with the following information:

Prescription number;

Name, strength, manufacturer, lot number and expiration date for the medication;

Prescribing physician’s name;

Pharmacist’s name or initials;

Instructions for administration, including quantity to be dispensed;

Date the prescription was prescribed;

Date the prescription was dispensed;

Name and strength of the equivalent brand name medication if a generic medication was dispensed; and Name and address of the consumer for whom the prescription was dispensed.

The contractor shall immediately, within one business day, inform the state agency and the contractor’s pharmacist of any prescription, medication, dispensing, or packaging errors on the part of the contractor. In addition, the contractor shall provide written notification to the state agency and the contractor’s pharmacist within 24-hours after the receipt of knowledge from the state agency and the contractor’s pharmacist of any prescription, medication, dispensing or packaging errors, as well as action(s) to be implemented to prevent such errors in the future.

The contractor shall implement quality control procedures concerning the identification and reduction of polypharmacy.

Upon receipt and review of the consumer records, the contractor shall immediately contact the prescribing physician anytime more than two medications in the same drug classification have been prescribed.

The contractor must attach an accountability sheet to all Schedule II medications described under the Controlled Substances Act of 1970.

The contractor’s accountability sheet must maintain a perpetual inventory of the number of tablets/capsules for each medication specified.

The contractor shall perform the recall of medications whenever a manufacturer issues a recall of such medications within 24 hours.

The contractor must notify the state agency of the name, dosage, lot number and expiration date of any medications recalled within 24 hours.

The state agency will return recalled medications to the contractor for return to the manufacturer via the contractor’s next courier delivery.

With the exception of controlled substances, compounded medications, Total Parental Nutrition (TPN) or pre-mixed medications, and flu vaccines, the contractor must accept returned medication from the state agency if unopened, unused, and if legally allowed. The contractor may hold medications that have been returned to the contractor, and reuse, relabel, and reissue those medications to the consumers where legally acceptable.

Compounding Requirements:

The contractor must provide medication compounding, as directed by the state agency or the state agency’s physician.

The contractor shall ensure any medications that require compounding are compounded in accordance with USP 795 “Pharmaceutical Compounding.” Non-sterile preparations codifies the rules the contractor’s pharmacists and the contractor’s pharmacy technicians must follow when preparing customized dosage forms meant to be taken orally, enteral tube, inserted rectally, or applied topically.

Delivery Requirements:

The contractor must attach a delivery sheet to each package ready for pick-up by the state agency’s Forensic Mobile Team, which must specifically show and contain the following:

Consumer’s name and address;

Prescription number;

Medication name and strength;

Quantity prescribed;

Unit of medication;

Prescriber’s name;

Space for the signature of the state agency staff member responsible for receiving the delivery; and Date of delivery.

The contractor shall provide two overnight deliveries per month, at no charge to the state agency’s Forensic Mobile Team, at the address listed on the front cover of the RFP, Monday through Friday, between 9:00 A.M. and 3:30 P.M. CST, excluding state holidays.

The contractor shall understand and agree that the contractor’s two overnight deliveries may instead be delivered directly to the consumer, at the consumer’s address, in the event the state agency’s Forensic Mobile Team is unable to pick-up and deliver the consumer medications prior to the consumer running out of prescribed medications.

The contractor shall deliver the two overnight prescriptions as soon as reasonably possible, but within 24 hours after receipt of the state agency’s request. The contractor shall deliver overnight prescriptions via overnight delivery (USPS, FedEx, or UPS).

The contractor shall understand and agree that the contractor’s two overnight deliveries should have the ability to ship cooled items at the request from the state agency.

The contractor shall provide routine delivery services directly to the jail, where the consumer is housed, or where the consumer resides, at the discretion of the state agency’s Forensic Mobile Team, in the event the state agency’s Forensic Mobile Team is unable to pick-up physician prescribed medications directly from the contractor. The contractor must ship the medications directly to the jail or where the consumer is housed via overnight delivery (USPS, FedEx, or UPS), as requested by the state agency.

Financial Records and Document Retention:

The contractor must maintain financial and accounting records and evidence pertaining to the contract in accordance with generally accepted accounting principles.

The contractor shall maintain all financial records, supporting documentation, and all other records pertinent to the contract for a period of five (5) years from the date of the final payment by the state agency or the completion of an audit, whichever is later, or as otherwise stated in the contract.

If any litigation, claim, negotiation, audit, investigation, or other action involving the records has been started before the expiration of the five (5) year period, the contractor shall retain the records until completion of such action and resolutions of all issues that arise from it or until the end of the regular five (5) year period, whichever is later.

If the state agency is subject to any litigation, claim, negotiation, audit, or other action involving the records, the state agency will notify the contractor in writing to extend the contractor’s retention period.

Electronic Funds Transfer, Invoicing, and Payment Requirements:

Electronic Funds Transfer (EFT): The State of Missouri will submit contract payments to the contractor at the remittance address listed in the contractor’s MissouriBUYS (WebProcure/Proactis) vendor registration. However, the contractor understands and agrees the state reserves the right to make contract payments to the contractor through electronic funds transfer (EFT). Therefore, prior to any payments becoming due under the contract, the contractor must verify and update, if applicable, their vendor registration with their current remittance address and ACH-EFT payment information at https://MissouriBUYS.mo.gov.

Invoicing: The contractor shall submit invoices monthly. Invoices shall be due by the last day of the month following the month in which the contractor provided services under the contract. The contractor shall perform the services prior to invoicing the state agency.

Final invoices are due by no later than 30 calendar days after the expiration of the contract. The state agency shall have no obligation to pay any invoice submitted after the due date.

For consumers with a private source of payment and/or commercial insurance, the contractor shall invoice such private source of payment and/or commercial insurance for both the technical and professional components of the services provided.

For consumers with Medicaid, the contractor shall invoice Medicaid for services provided. For consumers with Medicare, the contractor shall invoice Medicare for only the professional component of the services provided. The contractor shall invoice Medicaid and Medicare in accordance with Medicaid and Medicare regulations.

For consumers with Medicare or Medicaid, the contractor shall invoice for only the technical components of the retail pharmacy services provided in accordance with the firm, fixed prices stated on Exhibit C, Pricing Pages.

After final resolution, the contractor shall send the state agency a copy of the remittance received by the contractor from Medicaid, Medicare, a private source of payment, and/or the commercial insurance documenting the approved and actual payment amounts.

After exhausting all third-party resources, the contractor shall submit an itemized monthly invoice to the state agency on the contractor’s original descriptive business invoice form and submit the invoice to the following address:

Center for Behavioral Medicine ATTN: Chief of Forensic Mobile Services 2600 E. 12th Street Kansas City, MO 64127

The contractor’s itemized invoice must include the following information:

Consumer names;

Prescription number and date prescription was written;

Name, strength, and quantity of medication provided;

Amount invoiced to the state agency;

Credit per individual for returned drugs;

Date(s) of service; and Total amount due.

For consumers and services not covered by a third-party, the contractor shall invoice in accordance with the firm, fixed prices stated in Exhibit C, Pricing Pages.

For consumers covered by a third-party, the contractor shall invoice any applicable and acceptable portion of the firm, fixed price stated on Exhibit C, Pricing Pages not paid by the third-party due to a deductible and/or co-payment.

The contractor shall credit the state agency for the total amount of any unopened, unused , and returned medications.

Upon request by the state agency, the contractor shall provide the state agency with a copy of the contractor’s invoice listing the actual cost of a requested non-legend medication or item(s), as proof of the net cost of the requested non-legend medications or items.

The contractor shall use uniquely identifiable invoice numbers to distinguish an invoice from a previously submitted invoice and shall include on the invoice the remittance address listed in the contractor’s MissouriBUYS (WebProcure/Proactis) vendor registration.

Each contractor invoice must be on the contractor’s original descriptive business invoice form and must contain a unique invoice number and the remittance address included in the contractor’s MissouriBUYS (WebProcure/Proactis) vendor registration. The invoice number will be listed on the state’s EFT addendum record to enable the contractor to properly apply state payments to invoices. The contractor must comply with all other invoicing requirements stated in the RFP.

The statewide financial management system has been designed to capture certain receipt and payment information. For each purchase order received, an invoice must be submitted that references the purchase order number and should be itemized in accordance with items listed on the purchase order. Failure to comply with this requirement may delay processing of invoices for payment.

The contractor shall not invoice federal or state taxes unless otherwise required under law or regulation.

Payment:

Payments are due upon receipt of a valid invoice, payable in 30 calendar days. All invoices for equipment, supplies, and/or services purchased by the State of Missouri shall be subject to late payment charges as provided in section 34.055, RSMo.

The State of Missouri does not pay state or federal taxes unless otherwise required under law or regulation.

The State of Missouri assumes no obligation for equipment, supplies, and/or services shipped or provided in excess of the quantity ordered. Any unauthorized quantity is subject to the state's rejection and shall be returned at the contractor's expense.

In the event overnight delivery of medications is required during the monthly invoicing period, the contractor shall be paid the firm, fixed price for each overnight delivery, in excess of the two free deliveries per month, as stated on Exhibit C, Pricing Page, of the contractor’s awarded proposal.

For dispensing of non-third party billable brand medication prescriptions, the contractor shall be paid the firm, fixed per non-third party billable generic medication prescription dispensed price, as stated on Exhibit C, Pricing Page, of the contractor’s awarded proposal.

For dispensing of legend brand medication not listed in the Missouri Department of Social Services, MO HealthNet Drug Formulary, the contractor shall be paid the firm, fixed per legend brand medication not listed in the Missouri Department of Social Services, MO HealthNet Drug Formulary price, as stated on Exhibit C, Pricing Page, of the contractor’s awarded proposal.

For dispensing of legend generic medication not listed in the Missouri Department of Social Services, MO HealthNet Drug Formulary, the contractor shall be paid the firm, fixed per legend generic medication not listed in the Missouri Department of Social Services, MO HealthNet Drug Formulary price, as stated on Exhibit C, Pricing Page, of the contractor’s awarded proposal.

For dispensing of legend brand medication listed in the Missouri Department of Social Services, MO HealthNet Drug Formulary, the contractor shall be paid the firm, fixed per legend brand medication listed in the Missouri Department of Social Services, MO HealthNet Drug Formulary price, as stated on Exhibit C, Pricing Page, of the contractor’s awarded proposal.

For dispensing of legend generic medication listed in the Missouri Department of Social Services, MO HealthNet Drug Formulary, the contractor shall be paid the firm, fixed per legend generic medication listed in the Missouri Department of Social Services, MO HealthNet Drug Formulary price, as stated on Exhibit C, Pricing Page, of the contractor’s awarded proposal.

For dispensing of the requested non-legend medication or prescribed items, the contractor shall be paid the firm, fixed per requested non-legend medication or prescribed items price, as stated on Exhibit C, Pricing Page, of the contractor’s awarded proposal.

For each non-third party billable brand medication prescriptions, the contractor shall be reimbursed the Average Wholesale Price (AWP) of the non-third party billable brand medication prescriptions, less the firm, fixed discount as stated on Exhibit C, Pricing Page, of the contractor’s awarded proposal.

For each non-third party billable generic medication prescriptions, the contractor shall be reimbursed the AWP of the non-third party billable generic medication prescriptions, less the firm, fixed discount as stated on Exhibit C, Pricing Page of the contractors awarded proposal.

For each legend brand medication that is not listed in the Missouri Department of Social Services, MO HealthNet Drug Formulary, the contractor shall be reimbursed the AWP of the legend generic medication not listed in the Missouri Department of Social Services, MO HealthNet Drug Formulary, less the firm, fixed discount as stated on Exhibit C, Pricing Pages, of the contractor’s awarded proposal.

For each legend brand medication that is listed in the Missouri Department of Social Services, MO HealthNet Drug Formulary, the contractor shall be paid in accordance with the most recent price for such legend brand medication stated in the Missouri Department of Social Services, MO HealthNet Drug Formulary, less the firm, fixed discount stated on Exhibit C, Pricing Pages of the contractor’s awarded proposal.

For each legend generic medication that is listed in the Missouri Department of Social Services, MO HealthNet Drug Formulary, the contractor shall be paid in accordance with the most recent price for such legend generic medication stated in the Missouri Department of Social Services, MO HealthNet Drug Formulary, less the firm, fixed discount stated on Exhibit C, Pricing Pages of the contractor’s awarded proposal.

For each requested non-legend medication or prescribed items, the contractor shall be paid the net cost of such requested non-legend medications or prescribed items, less the firm, fixed discount of the firm, fixed discount, as stated on Exhibit C, Pricing Pages, of the contractor’s awarded proposal.

Upon request by the state agency, the contractor shall provide the state agency with a copy of the contractor’s invoice listing the actual cost of the requested non-legend medication or items as proof of the net cost of the requested non-legend medications or items.

Other than payments and reimbursements specified above, no other payments or reimbursements shall be made to the contractor for any reason whatsoever including, but not limited to taxes, travel expenses, shipping charges, insurance, interest, penalties, termination payments, attorney fees, liquidated damages, etc.

Notwithstanding any other payment provision of the contract, if the contractor fails to perform required work or services, fails to submit reports when due, or is indebted to the United States, the state agency may withhold payment or reject invoices under the contract.

If a request by the contractor for payment or reimbursement is denied, the state agency shall provide the contractor with written notice of the reason for the denial.

If the contractor is overpaid by the state agency, upon official notification by the state agency, the contractor shall provide the state agency 1) with a check payable as instructed by the state agency in the amount of such overpayment at the address specified by the state agency or 2) deduct the overpayment from the monthly invoices as requested by the state agency.

Inspection and Acceptance Specifications: For purposes of acceptance, no equipment, supplies, and/or services received by the state pursuant to a contract shall be deemed accepted until the state has had reasonable opportunity to inspect said equipment, supplies, and/or services.

All equipment, supplies, and/or services which do not comply with the specifications and/or requirements or which are otherwise unacceptable or defective may be rejected by the state. In addition, all equipment, supplies, and/or services which are discovered to be defective or which do not conform to any warranty of the contractor upon inspection (or at any later time if the defects contained were not reasonably ascertainable upon the initial inspection) may be rejected.

The State of Missouri reserves the right to return any such rejected shipment at the contractor's expense for full credit or replacement and to specify a reasonable date by which replacements must be received.

The State of Missouri's right to reject any unacceptable equipment, supplies, and/or services shall not exclude any other legal, equitable or contractual remedies the state may have.

****END OF SCOPE OF WORK SECTION****

TERMS AND CONDITIONS SECTION

Applicable Laws and Regulations:

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 Purchasing.

Non-Discrimination and Affirmative Action:

The contractor must comply with applicable federal and state laws and regulations addressing discrimination in employment.

Americans with Disabilities Act:

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 12101, et seq.

Anti-Discrimination Against Israel Act Contractor Requirements:

If the contractor meets the definition of a company as defined in section 34.600, RSMo, and has ten or more employees, 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 defined in section 34.600, RSMo.

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 Division of Purchasing an updated Exhibit L, Anti-Discrimination Against Israel Act Certification.

Authorized Personnel/E-Verify:

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.

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.

The contractor shall only be required to provide the affidavits required in section 285.530.2, RSMo, to the state on an annual basis. https://purch.oa.mo.gov/vendor-information/affidavit-work-authorization-annual-renewal

The contractor shall ensure that its subcontractors comply with section 285.530, RSMo.

Business Associate Agreement:

Some of the state agencies and the contractor are both 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 state’s current Business Associate Agreement is contained in Attachment 1.

Business Registration:

The contractor must meet the requirements for conducting business in the State of Missouri, prior to performance of services under the contract, and for the duration of the contract. The contractor must be registered and maintain good standing with the Secretary of State of the State of Missouri and other regulatory agencies, as may be required by law or regulations. Such business requirements for formation and operation include, but are not limited to, those in Chapters 347-359, RSMo.

Data Breach:

If a data breach impacting the State of Missouri’s data requires the state to comply with section 407.1500, RSMo, the contractor shall assist the state by providing to the state any requested information held by the contractor concerning the breach and the state’s data stored in the software and services being provided as a result of the contract.

Elected or Appointed Officials and Employees:

Elected or appointed officials or employees of the State of Missouri or any political subdivision thereof, serving in an executive or administrative capacity, must comply with sections 105.452 and 105.454, RSMo, regarding conflict of interest.

Indemnification:

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.

Legal Proceedings:

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 RFP 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.

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.

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.

Negotiations:

The State of Missouri does not negotiate contracts after award. Any competitive negotiation, if conducted by the state, must have occurred prior to contract award in accordance with Chapter 34, RSMo, 1 CSR 40-1.050 and as stated in this RFP.

Invoicing and Payment:

Invoicing and payments must follow section 33.120, section 34.055, and section 8.960, RSMo. All payments shall be made in arrears, unless the requirements of 1 CSR 10-3.010 allow for advance payment of goods or services.

Non-Appropriation of Funds:

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).

To the extent that federal funding is used for the contract, the contract shall not be binding upon the state for any period in which such funding is reduced, terminated, withheld, restricted, or is frozen or paused.

Work Outside the United States:

Unless work outside the United States is prohibited by the RFP, any work performed outside of the United States for the contract must comply with Executive Order 04-09.

Open Records:

Pursuant to section 610.021, RSMo, the contract and related documents are available for public review. Pursuant to section 610.021, RSMo, proposals and related documents shall not be available for public review until after a contract is executed or all proposals are rejected.

Protests:

Any proposal award protest must be received within ten (10) state business days after the date of award in accordance with the requirements of 1 CSR 40-1.050.

Record Access:

The contractor shall grant the State Auditor access to records/items as stated in section 29.235, RSMo.

State Preferences:

If the contractor’s awarded proposal included state preferences, the contractor must comply with the rules applicable to those preferences including:

Section 37.020 RSMo and 1 CSR 40-1.050 for Minority Business Enterprises and Women’s Business Enterprises;

Section 34.070 and section 34.073 RSMo for Missouri business preferences;

Section 34.074 RSMo and 1 CSR 40-1.050 for Service-Disabled Veteran Enterprises; and…