RFP 2025-1600-0096 - 1625-023 - DPH ADAP Pharmacy Services.pdf

STATE OF ALASKA – REQUEST FOR PROPOSALS RFP 2025-1600-0096 / 1625-023

AIDS DRUG ASSISTANCE PROGRAM (ADAP) PHARMACY SERVICES

STATE OF ALASKA

REQUEST FOR PROPOSALS

OFFERORS ARE NOT REQUIRED TO RETURN THIS FORM.

IMPORTANT NOTICE: IF YOU RECEIVED THIS SOLICITATION FROM THE STATE OF ALASKA’S “ONLINE PUBLIC NOTICE”

WEB SITE, YOU MUST REGISTER WITH THE PROCUREMENT OFFICER LISTED IN THIS DOCUMENT TO RECEIVE

NOTIFICATION OF SUBSEQUENT AMENDMENTS. FAILURE TO CONTACT THE PROCUREMENT OFFICER MAY RESULT

IN THE REJECTION OF YOUR OFFER.

ISSUED BY:

DEPARTMENT OF HEALTH

DIVISION OF PUBLIC HEALTH

PRIMARY CONTACT:

ANNALISA HAYNIE

PROCUREMENT OFFICER

ANNALISA.HAYNIE@ALASKA.GOV

RFP 2500-1600-0096 / 1625-023

ISSUED SEPTEMBER 3, 2024

Alaskans living with HIV will be able to access HIV medications or other necessary medications regardless of insurance status or ability to pay. The AIDS Drug Assistance Program (ADAP) will work with the contracted pharmacy to facilitate medication orders, dispensing, and delivery of needed medications and to account for medications to the State of Alaska HIV/STD program.

TABLE OF CONTENTS

SECTION 1. INTRODUCTION & INSTRUCTIONS

SEC. 1.01 PURPOSE OF THE RFP

SEC. 1.02 BUDGET

SEC. 1.03 DEADLINE FOR RECEIPT OF PROPOSALS

SEC. 1.04 MANDATORY REQUIREMENTS

SEC. 1.05 REQUIRED REVIEW

SEC. 1.06 QUESTIONS PRIOR TO DEADLINE FOR RECEIPT OF PROPOSALS

SEC. 1.07 RETURN INSTRUCTIONS

SEC. 1.08 ASSISTANCE TO OFFERORS WITH A DISABILITY

SEC. 1.09 AMENDMENTS TO PROPOSALS

SEC. 1.10 AMENDMENTS TO THE RFP

SEC. 1.11 RFP SCHEDULE

SEC. 1.12 ALTERNATE PROPOSALS

SEC. 1.13 NEWS RELEASES

SECTION 2. BACKGROUND INFORMATION

SEC. 2.01 BACKGROUND INFORMATION

SEC. 2.02 GOALS AND OBJECTIVES

SECTION 3. SCOPE OF WORK & CONTRACT INFORMATION

SEC. 3.01 CONTRACT TERM AND WORK SCHEDULE

SEC. 3.02 DELIVERABLES

SEC. 3.03 CONTRACT TYPE

SEC. 3.04 PAYMENT PROCEDURES

SEC. 3.05 CONTRACT PAYMENT

SEC. 3.06 LOCATION OF WORK

SEC. 3.07 SUBCONTRACTORS

SEC. 3.08 JOINT VENTURES

SEC. 3.09 RIGHT TO INSPECT PLACE OF BUSINESS

SEC. 3.10 CONTRACT PERSONNEL

SEC. 3.11 INSPECTION & MODIFICATION - REIMBURSEMENT FOR UNACCEPTABLE DELIVERABLES

SEC. 3.12 CONTRACT CHANGES - UNANTICIPATED AMENDMENTS

SEC. 3.13 NONDISCLOSURE AND CONFIDENTIALITY

SEC. 3.14 INDEMNIFICATION

SEC. 3.15 INSURANCE REQUIREMENTS

SEC. 3.16 TERMINATION FOR DEFAULT

SECTION 4. PROPOSAL FORMAT AND CONTENT

SEC. 4.01 RFP SUBMITTAL FORMS

SEC. 4.02 SPECIAL FORMATTING REQUIREMENTS

SEC. 4.03 OFFEROR INFORMATION AND CERTIFICATIONS (SUBMITTAL FORM A)

SEC. 4.04 EXPERIENCE AND QUALIFICATIONS (SUBMITTAL FORM B)

SEC. 4.05 UNDERSTANDING OF THE PROJECT (SUBMITTAL FORM C)

SEC. 4.06 METHODOLOGY USED FOR THE PROJECT (SUBMITTAL FORM D)

SEC. 4.07 MANAGEMENT PLAN FOR THE PROJECT (SUBMITTAL FORM E)

SEC. 4.08 MANDATORY REQUIREMENTS (SUBMITTAL FORM F)

SEC. 4.09 COST PROPOSAL (SUBMITTAL FORM G)

SECTION 5. EVALUATION CRITERIA AND CONTRACTOR SELECTION

SEC. 5.01 SUMMARY OF EVALUATION PROCESS

SEC. 5.02 EVALUATION CRITERIA

SEC. 5.03 SCORING METHOD AND CALCULATION

SEC. 5.04 EXPERIENCE AND QUALIFICATIONS

SEC. 5.05 UNDERSTANDING OF THE PROJECT

SEC. 5.06 METHODOLOGY USED FOR THE PROJECT

SEC. 5.07 MANAGEMENT PLAN FOR THE PROJECT

SEC. 5.08 CONTRACT COST (COST PROPOSAL)

SEC. 5.09 APPLICATION OF PREFERENCES

SEC. 5.10 ALASKA BIDDER PREFERENCE

SEC. 5.11 ALASKA VETERAN PREFERENCE

SEC. 5.12 ALASKA OFFEROR PREFERENCE

SEC. 5.13 OFFEROR NOTIFICATION OF SELECTION

SECTION 6. GENERAL PROCESS AND LEGAL INFORMATION

SEC. 6.01 INFORMAL DEBRIEFING

SEC. 6.02 ALASKA BUSINESS LICENSE AND OTHER REQUIRED LICENSES

SEC. 6.03 STANDARD CONTRACT PROVISIONS

SEC. 6.04 BUSINESS ASSOCIATE AGREEMENT (BAA)

SEC. 6.05 QUALIFIED OFFERORS

SEC. 6.06 PROPOSAL AS PART OF THE CONTRACT

SEC. 6.07 ADDITIONAL TERMS AND CONDITIONS

SEC. 6.08 HUMAN TRAFFICKING

SEC. 6.09 RIGHT OF REJECTION

SEC. 6.10 STATE NOT RESPONSIBLE FOR PREPARATION COSTS

SEC. 6.11 DISCLOSURE OF PROPOSAL CONTENTS

SEC. 6.12 ASSIGNMENT

SEC. 6.13 DISPUTES

SEC. 6.14 SEVERABILITY

SEC. 6.15 SUPPLEMENTAL TERMS AND CONDITIONS

SEC. 6.16 SOLICITATION ADVERTISING

SEC. 6.17 SITE INSPECTION

SEC. 6.18 CLARIFICATION OF OFFERS

SEC. 6.19 DISCUSSIONS WITH OFFERORS

SEC. 6.20 CONTRACT NEGOTIATION

SEC. 6.21 FEDERALLY IMPOSED TARIFFS

SEC. 6.22 PROTEST

SECTION 7. ATTACHMENTS

SEC. 7.01 ATTACHMENTS

SECTION 1. INTRODUCTION & INSTRUCTIONS

SEC. 1.01 PURPOSE OF THE RFP

The Department of Health, Division of Public Health, is soliciting proposals for a pharmacy partner to order, dispense, deliver, and account for medications used for people living with HIV in Alaska through the Alaska AIDS Drug Assistance Program (ADAP). The purpose of ADAP is to increase access for low-income Alaskans to FDA-approved medications on the ADAP formulary to treat HIV infection, opportunistic infections, and related conditions. The resultant pharmacy contractor will provide services related to treating HIV infection and related conditions for ADAP participants, bill third-party payers for prescriptions, and provide third-party payments received for ADAP prescriptions to the HIV/STD Program ADAP account.

SEC. 1.02 BUDGET

The Department of Health, Division of Public Health, estimates a total 5-year budget of between $450,000 and

$475,000 dollars for completion of this project (about $95,000 per year). Proposals priced at more than $475,000 will be considered non-responsive.

Payment for the contract is subject to funds already appropriated and identified.

SEC. 1.03 DEADLINE FOR RECEIPT OF PROPOSALS

Proposals must be received no later than 2:30PM prevailing Alaska Time on September 24, 2024. Late proposals or amendments will be disqualified and not opened or accepted for evaluation.

SEC. 1.04 MANDATORY REQUIREMENTS

To be considered responsive for this RFP, an offeror must meet the mandatory minimum experience requirements that are provided in Submittal Form F – Mandatory Requirements. Failure to meet all these requirements will result in immediate disqualification.

SEC. 1.05 REQUIRED REVIEW

Offerors should carefully review this solicitation for defects and questionable or objectionable material.

Comments concerning defects and questionable or objectionable material should be made in writing and received by the procurement officer at least ten days before the deadline for receipt of proposals. This will allow time for the issuance of any necessary amendments. It will also help prevent the opening of a defective proposal and exposure of offeror's proposals upon which award could not be made.

SEC. 1.06 QUESTIONS PRIOR TO DEADLINE FOR RECEIPT OF PROPOSALS

All questions must be in writing and directed to the procurement officer at least ten days before the deadline for receipt of proposals. The interested party must confirm telephone conversations in writing.

Two types of questions generally arise. One may be answered by directing the questioner to a specific section of the RFP. These questions may be answered over the telephone. Other questions may be more complex and may require a written amendment to the RFP. The procurement officer will make that decision.

SEC. 1.07 RETURN INSTRUCTIONS

Offerors must submit their proposals via email. The technical proposal and cost proposal must be saved as separate documents and emailed to doh.procurement.proposals@alaska.gov as separate, clearly labeled attachments. The email must contain the RFP number in the subject line.

The maximum size of a single email (including all text and attachments) that can be received by the state is 25mb

(megabytes). If the email containing the proposal exceeds this size, the proposal must be sent in multiple emails that are each less than 25 megabytes.

Please note that email transmission is not instantaneous. Similar to sending a hard copy proposal, if you are emailing your proposal, the state recommends sending it enough ahead of time to ensure the email is delivered by the deadline for receipt of proposals.

It is the offeror’s responsibility to contact the above email address to confirm that the proposal has been received.

The state is not responsible for unreadable, corrupt, or missing attachments.

SEC. 1.08 ASSISTANCE TO OFFERORS WITH A DISABILITY

Offerors with a disability may receive accommodation regarding the means of communicating this RFP or participating in the procurement process. For more information, contact the procurement officer no later than ten days prior to the deadline for receipt of proposals.

SEC. 1.09 AMENDMENTS TO PROPOSALS

Amendments to or withdrawals of proposals will only be allowed if acceptable requests are received prior to the deadline that is set for receipt of proposals. No amendments or withdrawals will be accepted after the deadline unless they are in response to the state's request in accordance with 2 AAC 12.290.

SEC. 1.10 AMENDMENTS TO THE RFP

If an amendment is issued before the deadline for receipt of proposals, it will be provided to all who were notified of the RFP and to those who have registered with the procurement officer after receiving the RFP from the State of Alaska Online Public Notice website.

After receipt of proposals, if there is a need for any substantial clarification or material change in the RFP, an amendment will be issued. The amendment will incorporate the clarification or change, and a new date and time established for new or amended proposals. Evaluations may be adjusted as a result of receiving new or amended proposals.

SEC. 1.11 RFP SCHEDULE

RFP schedule set out herein represents the state’s best estimate of the schedule that will be followed. If a component of this schedule, such as the deadline for receipt of proposals, is delayed, the rest of the schedule may be shifted accordingly. All times are Alaska Time.

ACTIVITY TIME DATE

Issue Date / RFP Released 9/3/24

Deadline to Submit Questions 9/13/24

Deadline for Receipt of Proposals / Proposal Due Date 2:30PM AKST 9/24/24

Proposal Evaluations Complete 10/1/24 mailto:doh.procurement.proposals@alaska.gov

Notice of Intent to Award 10/8/24

Contract Issued 11/1/24

This RFP does not, by itself, obligate the state. The state's obligation will commence when the contract is approved by the Commissioner of the Department of Health, or the Commissioner's designee. Upon written notice to the contractor, the state may set a different starting date for the contract. The state will not be responsible for any work done by the contractor, even work done in good faith, if it occurs prior to the contract start date set by the state.

SEC. 1.12 ALTERNATE PROPOSALS

Offerors may only submit one proposal for evaluation. In accordance with 2 AAC 12.830 alternate proposals

(proposals that offer something different than what is asked for) will be rejected.

SEC. 1.13 NEWS RELEASES

News releases related to this RFP will not be made without prior approval of the project director.

SECTION 2. BACKGROUND INFORMATION

SEC. 2.01 BACKGROUND INFORMATION

The State of Alaska, Department of Health, Division of Public Health, Section of Epidemiology, HIV/STD Program is seeking pharmacy services as part of its statewide Alaska AIDS Drug Assistance Program (ADAP). The ADAP’s purpose is to increase access for low-income Alaskans to FDA- approved medications to treat HIV, opportunistic infections, and related conditions. ADAP covers medications for eligible individuals, health insurance premiums, copayments and deductibles for participants as appropriate. As a federally funded program, ADAPs are required to acquire drugs in the most economical manner feasible (42 CFR Part 50 Subpart E). To meet this requirement, Alaska participated in the 340B Program, Prime Vendor Program and cost savings through the AIDS Crisis Task

Force for pricing. The 340B Program requires that all eligible organizations apply as a “covered entity” and annually recertify their eligibility for the program. The State of Alaska is registered with the Health Resources and Services Administration (HRSA) Office of Pharmacy Affairs as a Ryan White Part B ADAP Direct Purchase

340B covered entity and the state will list the contract pharmacy as its contract pharmacy for ADAP drugs. The state will update this status annually. The contract pharmacy must follow all 340B rules and regulations.

The State of Alaska’s ADAP uses the “Direct Purchase” mechanism for ADAP drugs. Alaska currently contracts with Cardinal Health Wholesaler for the drug purchases. The contracted pharmacy must order ADAP drugs from

Cardinal for distribution to ADAP clients. Cardinal Health sends invoices to the State HIV/STD Program for payment. Drugs are purchased at the lowest price for which ADAP is eligible. Drug manufacturers work with wholesalers to establish eligible prices, and the wholesaler ensures that the entity receives the lowest prices.

The State HIV/STD Program staff monitor the prices to ensure that there are no errors with the wholesaler pricing system.

Primary funding for the ADAP is through a federal grant to the State of Alaska under Part B of the Ryan White

HIV CARE Act, with additional funding through program income generated by insurance reimbursement funds returned to the State ADAP program. Alaska ADAP has been able to leverage the federal funds through insurance reimbursement to be able to enroll all eligible persons and expand the ADAP formulary.

The HIV/STD Program determines which medications are included on the ADAP formulary. The formulary is subject to change to meet patient needs or federal requirements. The HIV/STD Program also establishes ADAP eligibility criteria. Which may be limited by available funding, and a wait list for new enrollment may be used when needed. Alaska has not needed to implement a waitlist for services since 2005. Persons eligible to participate in the AIDS Drug Assistance Program are low-income Alaska residents living with HIV who have no applicable third-party source of payment for all or part of the cost for a medication on the ADAP formulary (low income is currently defined as less than 400% of federal poverty guidelines for Alaska). The authorizing federal legislation requires the ADAP to be the “payer of last resort.” Some enrolled individuals change address or disenroll/reenroll from time to time, potentially affecting shipping arrangements. Geographic distribution within the state is also considered when enrolling individuals into the ADAP from the ADAP waiting list.

Individuals on the waiting list may work through their medical providers to enroll in manufacturers’ patient assistance programs until ADAP resources become available.

SEC. 2.02 GOALS AND OBJECTIVES

The Department of Health, Division of Public Health, Section of Epidemiology, HIV/STD Program is requesting proposals from qualified Offerors to provide pharmacy services related to the treatment of HIV infection, opportunistic infections, and related conditions for the Alaska AIDS Drug Assistance Program (ADAP) participants, and billing of third-party payers for prescriptions, and to provide the amounts of third party payments received for ADAP prescriptions to the HIV/STD Program ADAP account.

SECTION 3. SCOPE OF WORK & CONTRACT INFORMATION

The Department of Health, Division of Public Health, Section of Epidemiology is requesting proposals from qualified Offerors to provide pharmacy services related to the treatment of HIV infection, opportunistic infections, and related conditions for the Alaska AIDS Drug Assistance Program (ADAP) participants, and billing of third-party payers for prescriptions, and to provide the amounts of third-party payments received for ADAP prescriptions to the HIV/STD Program ADAP account.

The HIV/STD Program uses a mechanism called “direct purchase” for ADAP medications to realize pricing advantages offered to federally funded entities through the federal 340B pricing program. In State Fiscal Year

(SFY) 2025, the HIV/STD Program will contract with two entities:

1. A pharmacy services provider to order, dispense, and ship prescribed medications to enrolled individuals and bill all third-party payers, and

2. The Alaska AIDS Assistance Association (Four A’s) to manage the ADAP, determine eligibility, oversee

ADAP enrollment and utilization, and purchase third party health insurance when appropriate.

The ADAP management and pharmacy services contractors must communicate effectively with each other, prescribers, and with HIV/STD Program staff for the ADAP to function efficiently. These entities will jointly adjust any aspects of this program as necessary to improve efficiency, effectiveness, and responsiveness to federal and state requirements and consumer needs.

Given the current funding level for SFY 2025 and the current demand for ADAP services, the HIV/STD Program estimates that the number of individuals filling prescriptions through the ADAP per month may range from 60-

90, with the number of prescriptions to be filled for these individuals ranging from 80-105 per month.

At all times throughout the course of this contract, the contractor will meet standards established by the Board of Pharmacy under Alaska Statutes; check the combinations of prescriptions to be filled for any one patient for potential adverse drug interactions; observe legal and ethical confidentiality and privacy requirements; maintain internal security policies related to storage and use of participant data; provide to the State HIV/STD Program copies of security policies related to storage and use of participant data, method for backing up and storing back up participant data; communicate any difficulties in ordering from the wholesaler to HIV/STD Program staff in a timely manner; assure medications the HIV/STD Program purchases for ADAP use are used only for the ADAP;

and maintain patient grievance procedures to offer full and fair consideration of any complaints received. The contractor will also advise the HIV/STD Program as to whether or not the existing ADAP formulary is adequate based on its observations about other (nonformulary) medications frequently prescribed for ADAP participants or other considerations.

Throughout the term of this contract the contractor shall have knowledgeable personnel available to discuss reports, data, and program matters with designated HIV/STD Program staff. The HIV/STD Program’s ADAP management contractor will determine individuals’ eligibility, enroll individuals in the ADAP, and provide the pharmacy services provider (contractor) with information on participants enrolled in the ADAP. Services under this contract will include providing educated and appropriately licensed personnel to carry out the following duties in an efficient and effective manner:

1. Ordering medications on the ADAP formulary through the wholesaler contractor. Will work with designated HIV/STD Program staff and the wholesaler to determine the ordering mechanisms that maximize PHS 340B and other pricing discounts. The wholesaler will ship the medications directly to the contractor and bill the State’s HIV/STD Program for them. The contractor will review the wholesaler’s invoice accompanying each order and immediately advise designated HIV/STD Program staff if there are discrepancies between medications ordered and received and those for which the State is being invoiced. Cardinal sends a copy of the invoice to State HIV/STD Program on the day of medication delivery to the contractor, the contractor must confirm the order with the designated HIV/STD Program staff within 24 hours receipt. ADAP prescriptions may be filled from existing pharmacy stock, if needed, and the stock replenished with medications ordered under the 340B and Prime Vendor Programs, as long as the numbers of units replenished from ADAP stock are equivalent to those dispensed for ADAP prescriptions and adequately recorded and reported to the State HIV/STD Program.

2. During the transition from the outgoing contractor, the new contractor must be ready to provide services to existing ADAP eligible enrollees with no gaps in services. The preparation for no-gap services may require set-up activities that are not compensated.

3. Dispense medications on the ADAP formulary as prescribed from licensed medical providers for ADAP participants. Medications will be available to patients through one or more of the following methods:

personal pick-up, via mail, or via air shipment. Pick-up site(s) must be accessible by public transportation and services must be available, at a minimum, Monday through Friday 9:00 AM to 5:00 PM Alaska

Prevailing Time except for state and federal holidays. Prescriptions must be filled and, if appropriate, mailed/shipped/delivered within three (3) business days of prescription receipt. Unless individual circumstances indicate otherwise, participants will receive prescription refills monthly (the pharmacist is to use professional judgment in determining the number of months of medication to dispense at one time). When feasible, the pharmacy shall coordinate dispensing ADAP prescriptions with the dispensing of non-ADAP prescriptions filled for the same patient, at the same time, for patient convenience.

4. Maintain an electronic inventory (a physical inventory is not required) of medications purchased with

ADAP funds in order to be able to document that the number of units dispensed to ADAP participants, and the number returned to the wholesaler. Federal regulations prohibit diversion of medications purchased under the 340B program to any other use. If necessary to assure timely service, ADAP prescriptions may be filled from existing pharmacy stock and the pharmacy stock replenished through a subsequent order from the wholesaler. When this happens, the amount of stock used and replaced should be specifically identified in the monthly report. The pharmacy services contractor will immediately advise the HIV/STD Program if there is an unexplained discrepancy between the medications ordered and received by the pharmacy and those the wholesaler bills to the HIV/STD

Program. Designated HIV/STD Program staff may periodically review the relative balance between units invoiced by the wholesaler and units dispensed by the pharmacy. A reconciliation of all units purchased, dispensed, and held in physical inventory must be completed monthly and at the end of the contract.

5. Maintain an inventory of medications used, if medications are determined not to be used by any ADAP participants, they must be returned to the drug wholesaler. If drugs expire without review of the need, the pharmacy is responsible for the cost.

6. Have access to the Alaska Medicaid Health Enterprise Portal, as necessary to assure that the ADAP does not provide medications for individuals whose medications can be covered by Medicaid. Notify the

ADAP management contractor if the pharmacy’s routine check of the online Medicaid and Medicare system shows an ADAP participant is enrolled in Medicaid and/or Medicare. Coordinate with the ADAP management contractor to assure that Medicaid and/or Medicare funding covers prescriptions for services of those who may be Medicaid and/or Medicare eligible, so that ADAP does not provide medications for individuals whose medications can be covered by Medicaid and/or Medicare.

7. Provide pharmacist consultation on HIV-related medications to medical providers prescribing for ADAP participants, as needed. Consultation must be available a minimum of Monday through Friday during regular Alaska business hours (8:00 AM to 5:00 PM Alaska Time).

8. Provide a trained individual to offer individualized patient counseling to ADAP participants, as needed, to help them receive their prescriptions in a timely manner, take their medications correctly, and identify medication-related issues to discuss with their medical providers. Patient counseling must be available throughout the weekdays Monday through Friday during regular Alaska business hours (8:00

AM to 5:00 PM Alaska Time).

9. The pharmacy services provider will set a dispensing fee for filling and handling ADAP prescriptions. The pharmacy services provider will generate monthly invoices billed to the HIV/STD Program for dispensing fees for prescriptions filled and for direct costs to ship prescriptions to ADAP participants. Both dispensing costs and shipping costs must be included in the cost proposal.

10. Bill all third-party payers for ADAP prescriptions dispensed to participants with third party coverage within 30 days of dispensing prescriptions, monthly reporting to the HIV/STD Program for each medication billed to third party payer by client identifiers, and amounts reimbursed or reason the medication was not reimbursable by the third-party payer.

11. Provide the amounts of third-party payments received for ADAP for prescriptions to the HIV/STD

Program’s ADAP account within 30 days of receipt of the funds.

12. Work with the ADAP management contractor to maintain up to date participant information to support program management and timely provision of accurate data to the HIV/STD Program.

13. Participate in the HIV CARE Provider meetings, advisory committees, and other meetings as requested by the HIV/STD Program, when ADAP issues are on the agenda.

14. Use the HRSA CAREWare database to collect client level data in collaboration with the ADAP

Management contractor and submit annually (or other times as required) as outlined in deliverable (1).

15. Provide routine reports to the HIV/STD Program as specified under Deliverables (Section 3.03), as well as special reports, if requested. Report data are to be provided to the HIV/STD Program in electronic format following Section of Epidemiology security procedures.

SEC. 3.01 CONTRACT TERM AND WORK SCHEDULE

The length of the contract will be from the date of award, approximately November 1, 2024, for approximately five years until completion, approximately October 31, 2029.

The approximate contract schedule is as follows:

Any extension of the contract beyond the original performance period end date will be upon mutual agreement between the State and the contractor and effected with a contract amendment processed by the procurement officer and signed by both parties. All other terms and conditions of the contract, including those previously amended, shall remain in full force and effect. Unless otherwise agreed to by both parties, the procurement officer will provide written notice to the contractor of the intent to cancel an extension at least 30 days before the desired date of cancellation.

SEC. 3.02 DELIVERABLES

The contractor will be required to provide the following deliverables:

1. Pharmacy services to order, dispense, ship (as necessary), and account for medications for the statewide

ADAP, as described in the Scope of Work.

2. Monthly activity data delivered to the designated HIV/STD Program staff in electronic formatted as designated by HIV/STD Program including the information specified below for each prescription filled. The patient identifiers shown in the report must be consistent with the identifiers used by the ADAP management contractor:

a. Patient name (first and last)

b. Area of patient residence, if known, or shipping area

c. Patient date of birth

d. Social security number

e. Patient sex

f. Patient race

g. Insurance BIN number and PCN

h. Type applicable third-party payers(s)

i. The pharmacy’s prescription number

j. Medication name, NDC number, and number of units dispensed

k. Date prescription or refill request was received by pharmacy

l. Date prescription or refill was dispensed

m. Dispensing fee charged

n. Shipping cost, if applicable

o. Any approved additional costs (e.g., Medset fee)

p. Name of prescribing medical provider

q. Date(s) the pharmacy billed the third-party payer(s)

r. Date and amount of reimbursements by third party payer for each clients and each medication or the reason reimbursement was not done (e.g., deductible or copay)

s. Other data as required by federal funding source

Required data elements may be adjusted by mutual agreement to reduce reporting burden, assuring proper identification of medication, recipient, and associated costs.

The designated HIV/STD Program staff must receive the report no later than 25 days after the last day of the month in which the medications were dispensed, unless an alternate time period is approved by the

HIV/STD Program Manager.

3. Monthly, provide a copy of #2 to designated staff at the ADAP management contractor (Four As).

4. Provide a list of third-party payments received for ADAP medications by the pharmacy during the month. Identify for each payment received:

a. The applicable prescription number

b. Dispensing date

c. Patient identifier

d. Number of units dispensed

e. The number of units and amount for which the pharmacy was reimbursed

f. The date reimbursement was received by the pharmacy, and

g. Calculation of up to the percentage deemed acceptable in the proposal of total payment that was reimbursed and held by the contractor. Contractor may withhold up to the acceptable percentage of each monthly third-party reimbursement payment to the HIV/STD Program as compensation for all activities associated with third party billing.

The contractor will issue one check per month to the State of Alaska directed to the attention of the designated HIV/STD Program staff. Third party reimbursements are to be provided to the HIV/STD

Program within 60-days of receipt by the pharmacy, unless an alternate time period is approved by the designated HIV/STD Program staff.

5. Monthly, provide a list of drugs ordered and dispensed during the month and remaining drugs on hand.

6. Monthly, provide an accounting of drug inventory (either electronic or actual shelf inventory) with an inventory of drugs that are loaned to or borrowed from the ADAP inventory with reconciliation/return date.

7. Provide the designated HIV/STD Program staff with a monthly report of any complaints received about services provided and the resolution.

8. Complete the annual client level data report to HRSA at the time designated by HRSA to the HIV/STD

Program.

9. Periodic information about the types of medication not included on the formulary that are frequently prescribed for ADAP participants, to help HIV/STD Program staff determine whether or not the ADAP formulary is adequate to meet the client’s needs.

SEC. 3.03 CONTRACT TYPE

This contract is a firm fixed priced contract.

SEC. 3.04 PAYMENT PROCEDURES

The state will make payments based on a negotiated payment schedule. Each billing must consist of an invoice and progress report. No payment will be made until the progress report and invoice has been approved by the project director.

SEC. 3.05 CONTRACT PAYMENT

No payment will be made until the contract is approved by the Commissioner of the Department of Health or the

Commissioner's designee. Under no conditions will the state be liable for the payment of any interest charges associated with the cost of the contract. The state is not responsible for and will not pay local, state, or federal taxes. All costs associated with the contract must be stated in U.S. currency.

Any single contract payment of $1 million or higher must be accepted by the contractor via Electronic Funds

Transfer (EFT).

SEC. 3.06 LOCATION OF WORK

The location(s) the work is to be performed, completed and managed are at the resultant contractor location(s).

The state will not provide workspace for the contractor. The contractor must provide its own workspace.

By signature on their proposal, the offeror certifies that all services provided under this contract by the contractor and all subcontractors shall be performed in the United States.

If the offeror cannot certify that all work will be performed in the United States, the offeror must contact the procurement officer in writing to request a waiver at least 10 days prior to the deadline for receipt of proposals.

The request must include a detailed description of the portion of work that will be performed outside the United

States, where, by whom, and the reason the waiver is necessary.

Failure to comply with these requirements may cause the state to reject the proposal as non-responsive or cancel the contract.

SEC. 3.07 SUBCONTRACTORS

Subcontractors will not be allowed.

SEC. 3.08 JOINT VENTURES

Joint ventures will not be allowed.

SEC. 3.09 RIGHT TO INSPECT PLACE OF BUSINESS

At reasonable times, the state may inspect those areas of the contractor's place of business that are related to the performance of a contract. If the state makes such an inspection, the contractor must provide reasonable assistance.

SEC. 3.10 CONTRACT PERSONNEL

Any change of the project team members or subcontractors named in the proposal must be approved, in advance and in writing, by the project director or procurement officer. Changes that are not approved by the state may be grounds for the state to terminate the contract.

SEC. 3.11 INSPECTION & MODIFICATION - REIMBURSEMENT FOR UNACCEPTABLE

DELIVERABLES

The contractor is responsible for the completion of all work set out in the contract. All work is subject to inspection, evaluation, and approval by the project director. The state may employ all reasonable means to ensure that the work is progressing and being performed in compliance with the contract. The project director or procurement officer may instruct the contractor to make corrections or modifications if needed to accomplish the contract’s intent. The contractor will not unreasonably withhold such changes.

Substantial failure of the contractor to perform the contract may cause the state to terminate the contract. In this event, the state may require the contractor to reimburse monies paid (based on the identified portion of unacceptable work received) and may seek associated damages.

SEC. 3.12 CONTRACT CHANGES - UNANTICIPATED AMENDMENTS

During the course of this contract, the contractor may be required to perform additional work. That work will be within the general scope of the initial contract. When additional work is required, the project director will provide the contractor a written description of the additional work and request the contractor to submit a firm time schedule for accomplishing the additional work and a firm price for the additional work. Cost and pricing data must be provided to justify the cost of such amendments per AS 36.30.400.

The contractor will not commence additional work until the procurement officer has secured any required state approvals necessary for the amendment and issued a written contract amendment, approved by the

Commissioner of the Department of Health or the Commissioner's designee.

SEC. 3.13 NONDISCLOSURE AND CONFIDENTIALITY

Contractor agrees that all confidential information shall be used only for purposes of providing the deliverables and performing the services specified herein and shall not disseminate or allow dissemination of confidential information except as provided for in this section. The contractor shall hold as confidential and will use reasonable care (including both facility physical security and electronic security) to prevent unauthorized access by, storage, disclosure, publication, dissemination to and/or use by third parties of, the confidential information. “Reasonable care” means compliance by the contractor with all applicable federal and state law, including the Social Security

Act and HIPAA. The contractor must promptly notify the state in writing if it becomes aware of any storage, disclosure, loss, unauthorized access to or use of the confidential information.

Confidential information, as used herein, means any data, files, software, information or materials (whether prepared by the state or its agents or advisors) in oral, electronic, tangible or intangible form and however stored, compiled or memorialized that is classified confidential as defined by State of Alaska classification and categorization guidelines provided by the state to the contractor or a contractor agent or otherwise made available to the contractor or a contractor agent in connection with this contract, or acquired, obtained or learned by the contractor or a contractor agent in the performance of this contract. Examples of confidential information include, but are not limited to: technology infrastructure, architecture, financial data, trade secrets, equipment specifications, user lists, passwords, research data, and technology data (infrastructure, architecture, operating systems, security tools, IP addresses, etc).

If confidential information is requested to be disclosed by the contractor pursuant to a request received by a third party and such disclosure of the confidential information is required under applicable state or federal law, regulation, governmental or regulatory authority, the contractor may disclose the confidential information after providing the state with written notice of the requested disclosure (to the extent such notice to the state is permitted by applicable law) and giving the state opportunity to review the request. If the contractor receives no objection from the state, it may release the confidential information within 30 days. Notice of the requested disclosure of confidential information by the contractor must be provided to the state within a reasonable time after the contractor’s receipt of notice of the requested disclosure and, upon request of the state, shall seek to obtain legal protection from the release of the confidential information.

The following information shall not be considered confidential information: information previously known to be public information when received from the other party; information freely available to the general public;

information which now is or hereafter becomes publicly known by other than a breach of confidentiality hereof;

or information which is disclosed by a party pursuant to subpoena or other legal process and which as a result becomes lawfully obtainable by the general public.

SEC. 3.14 INDEMNIFICATION

The contractor shall indemnify, hold harmless, and defend the contracting agency from and against any third-party claim of, or liability for error, omission or negligent act of the contractor under this agreement. The contractor shall not be required to indemnify the contracting agency for a claim of, or liability for, the independent negligence of the contracting agency. If there is a claim of, or liability for, the joint negligent error or omission of the contractor and the independent negligence of the contracting agency, the indemnification and hold harmless obligation shall be apportioned on a comparative fault basis. “Contractor” and “contracting agency”, as used within this and the following article, include the employees, agents and other contractors who are directly responsible, respectively, to each. The term “independent negligence” is negligence other than in the contracting agency’s selection, administration, monitoring, or controlling of the contractor and in approving or accepting the contractor’s work.

SEC. 3.15 INSURANCE REQUIREMENTS

Without limiting contractor's indemnification, it is agreed that contractor shall purchase at its own expense and maintain in force at all times during the performance of services under this agreement the following policies of insurance. Where specific limits are shown, it is understood that they shall be the minimum acceptable limits. If the contractor's policy contains higher limits, the state shall be entitled to coverage to the extent of such higher limits.

Certificates of Insurance must be furnished to the procurement officer prior to beginning work and must provide for a notice of cancellation, non-renewal, or material change of conditions in accordance with policy provisions.

Failure to furnish satisfactory evidence of insurance or lapse of the policy is a material breach of this contract and shall be grounds for termination of the contractor's services. All insurance policies shall comply with and be issued by insurers licensed to transact the business of insurance under AS 21.

Workers' Compensation Insurance: The contractor shall provide and maintain, for all employees engaged in work under this contract, coverage as required by AS 23.30.045, and; where applicable, any other statutory obligations including but not limited to Federal U.S.L. & H. and Jones Act requirements. The policy must waive subrogation against the State.

Commercial General Liability Insurance: covering all business premises and operations used by the Contractor in the performance of services under this agreement with minimum coverage limits of $300,000 combined single limit per claim.

Commercial Automobile Liability Insurance: covering all vehicles used by the contractor in the performance of services under this agreement with minimum coverage limits of $300,000 combined single limit per claim.

Professional Liability Insurance: covering all errors, omissions, or negligent acts in the performance of professional services under this agreement with minimum coverage limits of $300,000 per claim /annual aggregate.

SEC. 3.16 TERMINATION FOR DEFAULT

If the project director or procurement officer determines that the contractor has refused to perform the work or has failed to perform the work with such diligence as to ensure its timely and accurate completion, the state may, by providing written notice to the contractor, terminate the contractor's right to proceed with part or all of the remaining work.

The procurement officer may also, by written notice, terminate the contract under Administrative Order 352 if the contractor supports or participates in a boycott of the State of Israel.

This clause does not restrict the state's termination rights under the contract provisions of Appendix A, attached in SECTION 7. ATTACHMENTS.

SECTION 4. PROPOSAL FORMAT AND CONTENT

SEC. 4.01 RFP SUBMITTAL FORMS

This RFP contains Submittal Forms, which must be completed by the offeror and submitted as their proposal. An electronic copy of the forms is posted along with this RFP. Offerors shall not re-create these forms, create their own forms, or edit the format structure of the forms unless permitted to do so.

Unless otherwise specified in this RFP, the Submittal Forms shall be the offeror’s entire proposal. Do not include any marketing information in the proposal.

Any proposal that does not follow these requirements may be deemed non-responsive and rejected.

SEC. 4.02 SPECIAL FORMATTING REQUIREMENTS

The offeror must ensure that their proposal meets all special formatting requirements identified in this section.

Documents and Text: All attachment documents must be written in the English language, be single sided, and be single spaced with a minimum font size of 10. Pictures or graphics may be used if the offeror feels it is necessary to communicate their information, however, be aware of the below requirements for page limits.

Page Limits: Some Submittal Forms listed below have maximum page limit requirements. Offerors must not exceed the maximum page limits. Note, the page limit applies to the front side of a page only (for example, ‘1 Page’ implies that the offeror can only provide a response on one side of a piece of paper).

NOTE: Resumes and references will not be counted toward the maximum page limits.

Submittal Form Anonymous Document

Maximum Page

Limits

Submittal Form A – Offeror Information and Certifications N/A Submittal Form B – Experience and Qualifications No 5 Submittal Form C – Understanding of the Project No 5 Submittal Form D – Methodology Used for the Project No 5 Submittal Form E – Management Plan for the Project No 5 Submittal Form F – Mandatory Requirements N/A Submittal Form G – Cost Proposal N/A

Any Submittal Form that is being evaluated and does not follow these instructions may receive a ‘1’ score for the evaluated Submittal Form, or the entire response may be deemed non-responsive and rejected. Failure to submit any of the Submittal Forms will result in the proposal being deemed non-responsive and rejected.

SEC. 4.03 OFFEROR INFORMATION AND CERTIFICATIONS (SUBMITTAL FORM A)

The offeror must complete and submit this Submittal Form. The form must be signed by an individual authorized to bind the offeror to the provisions of the RFP.

By signature on the form, the offeror certifies they comply with the items listed in the Certifications section of the

Submittal Form. If the offeror fails to comply with these items, the state reserves the right to disregard the proposal, consider the contractor in default, or terminate the contract.

The Submittal Form also requests the following information:

a) The complete name and address of offeror’s firm along with the offeror’s Tax ID.

b) Information on the person the state should contact regarding the proposal.

c) Names of critical team members/personnel.

d) Addenda acknowledgement.

e) Conflict of interest statement.

f) Federal requirements.

g) Alaska preference qualifications.

An offeror's failure to provide this information may cause the proposal to be determined to non-responsive and rejected.

SEC. 4.04 EXPERIENCE AND QUALIFICATIONS (SUBMITTAL FORM B)

Offerors must provide detail on their specific experience with ADAP program in Alaska; in treating HIV infection and related conditions for people living with HIV; pharmacist consultation on HIV-related medications; billing third-party payers for prescriptions; coordination between wholesalers, contractors and state entities; and using

HRSA’s CAREWare database.

Offerors must also provide detail on the contractor key staff/primary project manager’s specific experience in projects of a similar nature along with the directly related experience of the overall project team identified in

Submittal Form A. This can include other specific areas of expertise, if relevant to the ADAP program.

Finally, offerors must provide a description of the organization of the project team and the individual(s) responsible and accountable for the completion each component and deliverable of the RFP.

SPECIAL NOTE: The offeror shall not disclose their costs in this Submittal Form. This Submittal Form cannot exceed the page limit (as described in Section 4.02). Resumes and references will not count toward the maximum page limits stated.

SEC. 4.05 UNDERSTANDING OF THE PROJECT (SUBMITTAL FORM C)

Offerors must provide detail that demonstrates their understanding of the requirements of the project and how to meet the state’s needs.

SPECIAL NOTE: The offeror shall not disclose their costs in this Submittal Form. This Submittal Form shall be kept anonymous and must not contain any names that can be used to identify who the offeror is (e.g., use “Title”, “Position”, “The Company”) and cannot exceed the page limit (as described in Section 4.02).

SEC. 4.06 METHODOLOGY USED FOR THE PROJECT (SUBMITTAL FORM D)

Offerors must provide detail that demonstrates the methodology they will employ and how the methodology will serve to accomplish the work and meet the state’s needs.

SPECIAL NOTE: The offeror shall not disclose their costs in this Submittal Form. This Submittal Form shall be kept anonymous and must not contain any names that can be used to identify who the offeror is (e.g., use “Title”, “Position”, “The Company”) and cannot exceed the page limit (as described in Section 4.02).

SEC. 4.07 MANAGEMENT PLAN FOR THE PROJECT (SUBMITTAL FORM E)

Offerors must provide detail that demonstrates the management plan they intend to follow and how the plan will serve to accomplish the work and meet the state's needs.

Offerors must also identify any potential issues, risks, or problems they foresee with this project and how they will address them.

SPECIAL NOTE: The offeror shall not disclose their costs in this Submittal Form. This Submittal Form shall be kept anonymous and must not contain any names that can be used to identify who the offeror is (e.g., use “Title”, “Position”, “The Company”) and cannot exceed the page limit (as described in Section 4.02).

SEC. 4.08 MANDATORY REQUIREMENTS (SUBMITTAL FORM F)

Offerors must complete and submit this Submittal Form.

SEC. 4.09 COST PROPOSAL (SUBMITTAL FORM G)

Offerors must complete and submit this Submittal Form. Proposed costs must include all direct and indirect costs associated with the performance of the contract, including, but not limited to, total number of hours at various hourly rates, direct expenses, payroll, supplies, overhead assigned to each person working on the project, percentage of each person's time devoted to the project, and profit. The costs identified on the cost proposal are the total amount of costs to be paid by the state. No additional charges shall be allowed.

SECTION 5. EVALUATION CRITERIA AND CONTRACTOR SELECTION

SEC. 5.01 SUMMARY OF EVALUATION PROCESS

The state will use the following steps to evaluate and prioritize proposals:

1) Proposals will be assessed for overall responsiveness. Proposals deemed non-responsive will be eliminated from further consideration.

2) A proposal evaluation committee (PEC), made up of at least three state employees or public officials, will evaluate specific parts of the responsive proposals.

3) The Submittal Forms, from each responsive proposal, will be sent to the PEC. No cost information will be shared or provided to the PEC.

4) The PEC will independently evaluate and score the documents based on the degree to which they meet the stated evaluation criteria.

5) After independent scoring, the PEC will have a meeting, chaired by the procurement officer, where the PEC may have a group discussion prior to finalizing their scores.

6) The evaluators will submit their final individual scores to the procurement officer, who will then compile the scores and calculate awarded points as set out in Section 5.03.

7) The procurement officer will calculate scores for cost proposals as set out in Section 5.08 and add those scores to the awarded points along with factoring in any Alaska preferences.

8) The procurement officer may ask for best and final offers from offerors susceptible for award and revise the cost scores accordingly.

9) The state will then conduct any necessary negotiations with the highest scoring offeror and award a contract if the negotiations are successful.

SEC. 5.02 EVALUATION CRITERIA

Proposals will be evaluated based on their overall value to state, considering both cost and non-cost factors as described below.