RFP 5331 27june2022 final.pdf

OregonBuys Bid #

STATE OF OREGON

COVER PAGE

The Oregon State Hospital is issuing this Intermediate Procurement under 5331 for

LABELS AND LEAFLET PRINTING SYSTEMS FOR

MEDICATION BOTTLES IN MULTIPLE LANGUAGES

Date of Issue: June 27, 2022

Opening Date: July 29, 2022_

Single Point of Contact (SPC): Dave Reynolds

Address: 635 Capitol ST NE STE 350

City, State, Zip Salem, OR 97301

Phone (voice) 503-871-4880

E-mail: david.reynolds@dhsoha.state.or.us

In compliance with the Americans with Disabilities Act, this document is available in alternate formats such as Braille, large print, audio recordings, Web-based communications and other electronic formats. To request an alternate format, please send an e-mail to dhs-oha.publicationrequest@state.or.us or call 503-378-3486 (voice) or 503-378-3523 (TTY) to arrange for the alternative format.

TABLE OF CONTENTS

SECTION 1: GENERAL INFORMATION

1.1 INTRODUCTION

1.2 SCHEDULE

1.3 SINGLE POINT OF CONTACT (SPC)

SECTION 2: AUTHORITY, OVERVIEW, AND SCOPE

2.1 AUTHORITY AND METHOD

2.2 DEFINITION OF TERMS

2.3 OVERVIEW

2.4 SCOPE OF WORK

SECTION 3: PROCUREMENT REQUIREMENTS AND EVALUATION

3.1 MINIMUM PROPOSAL OR REQUIREMENTS

3.2 MINIMUM SUBMISSION REQUIREMENTS

3.3 PROCUREMENT PROCESS

3.4 PROPOSAL CONTENT REQUIREMENTS

3.5 EVALUATION PROCESS

3.6 PRICE EVALUATION

3.7 NEXT STEP DETERMINATION

3.8 PREFERENCES

3.9 POINT AND SCORE CALCULATIONS

3.10 RANKING OF OFFERS

SECTION 4: AWARD AND NEGOTIATION

4.1 AWARD NOTIFICATION PROCESS

4.2 SUCCESSFUL PROPOSER SUBMISSION REQUIREMENTS

4.3 CONTRACT NEGOTIATION

SECTION 5: ADDITIONAL INFORMATION

5.1 CERTIFIED FIRM PARTICIPATION

5.2 GOVERNING LAWS AND REGULATIONS

5.3 OWNERSHIP/PERMISSION TO USE MATERIALS

5.4 CANCELLATION OF SOLICITATION; REJECTION OF PROPOSAL NO DAMAGES

5.5 COST OF SUBMITTING AN OFFER

5.6 STATEWIDE E-WASTE/RECOVERY PROCEDURE

5.7 RECYCLABLE PRODUCTS

5.8 PRINTING, BINDING, AND STATIONERY WORK

SECTION 6: LIST OF ATTACHMENTS

ATTACHMENT A SAMPLE PRICE AGREEMENT AND WORK ORDER CONTRACT

ATTACHMENT B DISCLOSURE EXEMPTION AFFIDAVIT

ATTACHMENT C PROPOSER INFORMATION AND CERTIFICATION SHEET

ATTACHMENT D REFERENCE CHECK FORM

ATTACHMENT E COST SHEET

ATTACHMENT F COBID CERTIFICATION / OUTREACH PLAN

ATTACHMENT G RESPONSIBILITY INQUIRY

ATTACHMENT H FEDERAL LEAFLET AND LABEL RULE

ATTACHMENT I STATE LEAFLET REQUIREMENTS

SECTION 1: GENERAL INFORMATION

1.1 INTRODUCTION

The Oregon State Hospital (OSH) (“Agency”) is issuing this Request for Proposal for a single award of goods and services that will ensure the OSH Pharmacy meets compliancy with ORS

689.564 and other federal requirements. Agency requests proposals from a firm that provides an entire solution including but not limited to, Printers, medication bottle labels, leaflets, training and miscellaneous goods and services for medication bottles in dual, multiple languages.

Agency anticipates the award of one Price Agreement from this RFP. The initial term of the Price Agreement is anticipated to be one year with the options to renew up to a cumulative maximum of 5 years.

Agency is interested in contracting with a vendor to provide prescription drug label printers and translation software for its Federally Qualified Health Center (FQHC) and its constituent clinics as listed

Agency reserves the right to expand this need to any and all programs within The Agency.

Agency also anticipates expansion of the requirements within the term of the awarded contract.

NOTE: Proposers shall submit their Proposals based on the complete System and NOT submit a separate Proposal for each type of System.

Additional details on the Scope of the goods or services are included in the Scope of Work section.

1.1.1 Economic Ordering Quantities: Because this RFP represents a new contracting effort for the Agency, detailed purchase history is unavailable. However, the Agency envisions using the Initial Contract and Work Order Process, to accommodate new or existing facilities that require those Goods and Services, and for any other situations where Authorized Purchasers may have the need to obtain the offered types of equipment.

Bidders are encouraged to propose options for Goods and Services in quantities that would be the most advantageous to an Authorized Purchaser and are invited to include pricing for economic ordering quantities, as appropriate, in their Proposals (see Attachments E). An economic ordering quantity is that quantity at which a significant price break occurs. If there are significant price breaks at different quantity or usage points, this information is desired as well (See Attachment E). If one or more of these purchase options are offered, a total and a unit price must be stated for applicable items.

The Agency reserves the right to amend or cancel the solicitation and re-solicit with respect to any or all items in the event Bids received and the State’s requirements indicate further revision is necessary.

1.2 SCHEDULE

The table below represents a tentative schedule of events. All times are listed in Pacific Time.

All dates listed are subject to change. N/A denotes that event is not applicable to this solicitation.

Event Date Time

Questions / Requests for Clarification Due July 05, 2022 5:00 PM

Opening (Proposal Due) July 29, 2022 3:00 PM

Issuance of Notice of Award (approx.) August 4, 2022

1.3 SINGLE POINT OF CONTACT (SPC)

The SPC for this solicitation is identified on the Cover Page, along with the SPC’s contact information. Proposer shall direct all communications related to any provision of the solicitation, whether about the technical requirements of the solicitation, contractual requirements, the solicitation process, or any other provision only to the SPC.

SECTION 2: AUTHORITY, OVERVIEW, AND SCOPE

2.1 AUTHORITY AND METHOD

Agency is using the Intermediate Procurement solicitation method set forth in ORS 279B.070 and OAR 125-247-0270. OHA is using the Competitive Sealed Proposals method, pursuant to ORS 279B.060 and OAR 137-047-0260. OHA may use a combination of the methods for Competitive Sealed Proposals, including optional procedures: a) Competitive Range; b) Discussions and Revised Proposals; c) Revised Rounds of Negotiations; d) Negotiations; e) Best and Final Offers; and f) Multistep Sealed Proposals. ORS 413.033. If OHA holds additional rounds of evaluations, OHA will post addenda in ORPIN regarding the process and time. These additional rounds may results in additional Contracts to new Proposers.

2.2 DEFINITION OF TERMS

For the purposes of this solicitation, capitalized words will refer to the following definitions.

2.2.1 General Definitions

Capitalized terms not specifically defined in this document are defined in OAR 125-246- 0110.

2.2.2 Project Specific Definitions

“Addendum” Means An addition to, deletion from, a material changes in, or clarification of, the RFP. Addenda shall be labeled as such, issued by OHA, and shall be made available to prospective Proposers as set forth in this RFP.

“Agency” Means the Oregon Health Authority, State Hospital.

http://arcweb.sos.state.or.us/pages/rules/oars_100/oar_125/125_246.html http://arcweb.sos.state.or.us/pages/rules/oars_100/oar_125/125_246.html

“Closing” Means The date and time on or before Proposals must be received at the location identified on the cover page of this RFP to be considered.

“Contract” Means the Contract awarded as a result of this RFP.

“Key Person” Means (i) one or more of Proposer’s employees or other personnel who meet the minimum requirements under Section 3.1.2 of this RFP, (ii) whom Proposer proposes to perform some or all of the Services solicited under this RFP, and (iii) who will, if Proposer is a successful Proposer, provide some or all of the Services solicited under this RFP. If Proposer is an individual and not a legal entity, Proposer may be proposed as a Key Person.

“Limited English proficiency” Means a person who is not fluent in the English language.

“Person who is blind” means a person who is: (A) Visually impaired; (B) Print disabled; or (C) A person who is blind as that term is defined in ORS 346.510.

“Prescription reader” means a device that is designed to audibly convey the information contained on the label of a prescription drug.

Xxxxxx: Xxxxxx xxxx

“Price Agreement” means the Price Agreement awarded from this RFP, the contract vehicle for the Work Order Process.

“Work” means the required activities, tasks, reporting, invoicing, and deliverables described in Section 2.4 Scope of Work.

“Work-Order” means Ordering instrument for ongoing goods and services.

2.3 OVERVIEW AND PURPOSE

The Oregon State Hospitals mission is to provide therapeutic, evidence-based, patient-centered treatment focusing on recovery and community reintegration all in a safe environment. Oregon Health Authority is an agency that works to ensure that all Oregonians have the opportunity to pursue prosperity and live free from poverty. To that end, OHA’s mission is, among other things, is helping people and communities achieve optimum physical, mental and social well-being through partnerships, prevention and access to quality affordable health care.

All of these programs involve the administration of state and federal programs that are designed to enable Agency to meet its mission of providing prescription labels for those with limited English proficiency.

2.3.1 Current Systems and Project Overview

OSH is currently using RX Connect which is the pharmacy software component of Avatar, but it does not include the 14 required languages in the language library. There is no OHA standard currently for dual language medication translation software or medication bottle label printers.

As a result, Agency is now undertaking a comprehensive modernization initiative to re-design internal business processes and acquire new technology that aligns with and meets the current State Board of Pharmacy Mandates and ORS 689.654. This requires that labels and informational inserts be available in at least 14 languages other than English that are spoken in Oregon by individuals who are of limited English proficiency. See Table 1 below for required languages.

In order to meet the goals of the modernization initiative, Agency will replace its system with a unified System that will be utilized by Oregon State Hospital Pharmacists.

This complete solution will ensure OSH meets the requirements of ORS 689.564 to acquire the Goods and Services for printing and translating medication labels, leaflets and warnings for prescription bottles. Agency is issuing this Request for Proposals (RFP) to procure a new system (System) and related services for its Pharmacy’s divisions. The additional services sought under this RFP may include implementation of the system, prescription readers, project management, change management relating to business processes, professional and end user training, as well as maintenance and support services for the life of the contract.

Agency will consider Proposals for 2 complete systems that includes the 14 required languages in the language library: Collectively referred to as, “LABEL AND LEAFLET PRINTING SYSTEM FOR MEDICATION BOTTLES IN MULTIPLE LANGUAGES, service, installation, training, and other related services for the members of the Agency and other Purchasing Entities. The purpose of this Request for Proposals (“RFP”) is to establish one Price Agreement Contract for the purchase of the Goods and Related Services by State Pharmacy’s (including departments, agencies, institutions), institutions of higher education, political subdivisions (i.e., colleges, school districts, counties, cities, etc “Purchasing Entities”.

All suppliers of labels for medication bottles in multiple languages and Related Services are invited and encouraged to submit a Proposal for a complete system.

Due to the complexities in specifications of Printing equipment, a “catalog contract” approach will be used in order to Provide the Agency Purchasers the widest breadth possible of Goods and Services. This catalog approach will list Contractor’s Goods and Services in Attachment E of this RFP and Attachment A to the Price Agreement, which will act as a master index for Agency Purchasers. Proposers may Bid to provide all Goods and Services related to this Proposal.

Proposers are encouraged to Proposal their entire catalogs, within the general category of Goods and Services requested in this RFP, and to provide a competitive discount off their current published catalog pricing.

Agency intends to award one Contract from this RFP, as in the best interest of the Agency. The initial term of the Contract is anticipated to be five (5) years with options to renew for additional years, up to a total term of ten (10) years, including the initial year term and any extension terms.

Initially, the Contractor shall provide targeted assistance to Agency in developing and proposing for 2 complete systems as explained in Section 2.4 Tasks to be performed by Contractor under

Work Order Contact #1 below, subsequent work orders will be issued through the life of the contract term.

2.4 SCOPE OF WORK/SPECIFICATIONS

The State Board of Pharmacy has adopted rules to require that, if a patient is of limited English proficiency and the prescribing practitioner, patient, or an authorized representative of the patient so requests, a prescription drug dispensed by a pharmacy bear a label in both English and in the language requested and, if authorized by the board by rule, include a separate informational insert in both English and the language requested. As determined by the most recent American Community Survey from the United States Census Bureau and in consultation with the Oregon Health Authority and other necessary resources.

The initial request is for two software licenses and two label printers and the annual cost per year for the software subscription. The printers must be bundled with the software to make them fully operational, additionally the software must be usable in Zebra printers for labels and Ricoh printers for leaflets. The printers will not be networked and are not for common use.

Their use is specific to the software for prescription bottle labels and leaflets.

The system that provides the equipment, labels, and Oregon required translations in a single solution that must provide the dual language translations and label and leaflet printing in a single solution.

The Program will periodically review and adjust activities to keep pace with learnings and shifts in the landscape. The Program is anticipated to run through 2027. As stated above, Contractor must:

• Meet the Minimum Qualifications in Section 2.4.

• Demonstrate that it is sustainable (both financially and otherwise).

• Have a track record of successfully providing Prescription Printing Services.

• Have robust privacy and security and comply with all applicable laws.

2.4.1 Functional Requirements

The Successful Proposer’s Printing System will need to meet all of the CMS requirements and ORS 689.564 for dictated computer-generated prescriptions that are printed using paper inserted in a printer and must contain the information located in sections 2.5, 2.6, 2.7, and 2.7.1.

2.4.2 Specific Tasks to be performed by Contractor under Work Order Contact #1

The first Work Order Contract (WOC #1) issued under the Price Agreement awarded to the Successful Proposer for this RFP it will require the Contractor to provide assistance in understanding the complete system to produce Prescription Labels and Leaflets as well as other features of operation.

• Provide a Project plan. Installation and maintenance of software and set up of printers in Salem and Junction City OSH campuses. Training and recording of training.

Documentation, FAQs, and troubleshooting guides. Online support.

2.4.2.1 Schedules:

Install, implement 2 complete systems within 30 days of award

Payment provisions:

Annual Subscription: with a hold back until acceptance criteria is met

Reporting requirements:

Audit Reports of historical dispenses and languages dispensed and misc. others

Acceptance criteria:

Proof of concept by testing a minimum of 3 languages on 3 prescriptions to verify: 1. printing, 2.

accessibility to the software, 3. tested in Salem and Junction City pharmacies, 4. post validation of translation

Note: The first Work Order Contract issued under the Price Agreement will be submitted to the successful Proposer for execution at the same time as the Price Agreement and will be in the form attached hereto as the Work Order Contract Form (Attachment #1 to Attachment A Sample Price Agreement).” Additional Work Order Contracts may be issued following WOC #1 for the Work described in Section 2.4.1

2.4.3 Prescription readers; compatible labels:

The Evaluation will consider Prescription readers; compatible labels for the: (A) Visually, impaired; (B) Print disabled; or (C) A person who is blind as that term is defined in ORS 346.510.

Proposers may provide samples, and costs in attachment E. They will not be part of the evaluation process.

2.5 The following information must be on every prescription label:

1. Name and address of the dispensing pharmacy.

2. Serial number of the prescription.

3. Date of the prescription.

4. Name of the prescriber.

5. Name of the patient.

6. Name and strength of the drug.

7. The generic name of the drug, even if the generic drug is unavailable to dispense or even if the substitution of a generic drug is not authorized.

8. Directions for use.

9. Appropriate cautionary statements.

10. “Filled by” or “dispensed by” with the name of the dispensing pharmacist. The name must include, at a minimum, the first initial and full last name of the dispensing pharmacist.

11. If the dispensed drug is a “tranquilizer or sedative,” it should bear the warning “The consumption of alcoholic beverages while on this medication can be harmful to your health” if the prescriber so directs on the prescription.

12. If the prescription is dispensed in a container other than the manufacturer’s original container, a discard date, which shall be the earlier of one year from the date dispensed or the manufacturer’s expiration date, whichever is earlier.

13. If the prescription is dispensed in the manufacturer’s original container, the label must not obscure the expiration date and storage statement when the product is dispensed in the manufacturer's original container.

21 U.S.C. § 353(b)(2); N.C.G.S. §§ 90-85.29, 106-134.1(b); 21 N.C.A.C. 46.1818.

Prescription medication must meet Federal Food and Drug Administration and state guidelines while providing the patient with pertinent information.

2.6 Prescription Medication Label Requirements

Prescription medication labeling requirements are mandated by the Federal Food and Drug Administration (FDA) and the state in which the pharmacy is located. There are several pieces of information that must be on each medication label. The information on the label is there to assist the patient in understanding how to take the medication correctly and comply with the directions. The label should be neat, organized, and large enough print for patient's to be able to read the information. Important information should be highlighted or bolded to alert the patient to that information. The information on the label includes:

• Name of the patient (ex. John Doe)

• Name of pharmacy with address and phone number (ex. X Pharmacy; 5000 Texas Rd., Beach, CA 32760; 555-555-1234)

• Serial number of prescription (123456789)

• Prescriber's name (Dr. X)

• Name and strength of drug including generic name and dosage form (Cordarone 150 mg.

tablets; generic amiodarone)

• Drug quantity (30 tablets)

• Directions for use (Take one tablet daily with breakfast)

• Date of initial dispensing of drug (July 30, 2012)

• Number of refills available before a specified date (5 refills before January 30, 2023)

• Expiration date (July 30, 2033)

• Description of the drug (yellow tablet; liquid)

• Auxiliary information (Take medication with food; may cause dizziness)

• Prescription medication containers

Some prescription medication labels may come with more information on it including adverse effects and warnings. Auxiliary information includes any specific alerts that help the patient take the medication safely as intended. The auxiliary information can include the route of medication, what to avoid, how to take it, etc. A list of common examples includes:

• Take medication with a full glass of water

• Refrigerate and shake well

• Take with food

• For the nose

• Do not drink alcoholic beverages while taking this medication

• May cause dizziness

• Do not take with nitrates

• Take medication on an empty stomach

2.7 Verification of Labels for Prescription Containers

The prescription filling and verification of labels involves the pharmacist and the pharmacy technician. Prescriptions from doctors may come in several different forms which includes being called in by the doctor, written and hand delivered by the patient, written and faxed, or computer-generated, and then e-mailed or electronically transmitted. Computer-generated prescriptions save time and reduce errors. Once the prescription information is translated or verified and entered into the computer, a label is generated. This label directs the pharmacist or technician on what type, dosage, and amount of medication is needed.

2.7.1 Written prescription for medication

Prescription label printers and translation services are needed as a result of recent changes to Oregon State law that require all prescription labels be available in 14 different languages in addition to English which include: (a) Spanish;(b) Russian;(c) Somali;(d) Arabic;(e) Chinese (simplified);(f) Vietnamese;(g) Farsi;(h) Korean;(i) Romanian;(j) Swahili;

(k) Burmese;(l) Nepali;(m) Amharic; and(n) Pashtu (See table 1).

The contract from this solicitation will be written for an initial period of one year and is renewable for 5 years and shall not exceed a total of 10 years as long as the solution is viable and is within the limitations of the selection process based on performance, need, and funding and will extend to any additional services added within the selection period.

SECTION 3: PROCUREMENT REQUIREMENTS AND EVALUATION

3.1 MINIMUM PROPOSAL REQUIREMENTS

Pursuant to ORS 279B.060(2)(c) OHA requires that the Contractor meets the highest standards prevalent in the industry or business most closely involved in providing the appropriate goods or services.

3.2 Minimum Qualifications

To be considered for evaluation, Proposal must demonstrate how Proposer meets all of the minimum requirements of this section. Failure to provide any of the information or the inability to demonstrate compliance with any of the minimum requirements will result in rejection of the

Proposal and will not be evaluated. Agency reserves the right to determine which Proposals meet the Minimum Proposal Requirements of this RFP.

Work Samples

Proposer shall submit three samples of a complete set of Proposer work, per the requirements of section 3.3.3 and 3.4 and each work sample shall meet the following requirements:

1. Each work sample shall include Proposer’s work like the work described in Section 3.3.3 and section 3.4 Specific Tasks to be performed by Contractor under Work Order Contact #1 including those found in section 2.5, 2.6 and 2.7

2. Each work sample shall include Proposer’s current estimate of the costs of producing similar work as contained in the Work sample for a project that is same scope of the Work described in Section 2.4.

Project Implementation Plan

Briefly describe how Proposer would carry out the major activities of this project in context with the Scope of Work. Provide a comprehensive management plan that the Proposer intends to follow. Illustrate how the plan will serve to coordinate and accomplish the Work.

Describe the knowledge and experience of Proposer and its Key Persons in supporting projects like the Work described in Section 2.4 Scope of Work. and Proposer’s Key Persons’ subject matter expertise developing the process.

3.3 Proposer is a business in good standing whose business includes establishing products and services for various prescription labels.

3.3.1 BUSINESS

To be considered for evaluation, Proposer must demonstrate how Proposer meets all of the following business requirements:

Proposer must, within the last five years, have implemented at least three prescription label systems (“Representative System”).

The Representative Systems must be fully functional (i.e. not still in the process of being implemented) currently be in operation in a state or other government agency;

The Representative System must have the ability to produce labels and leaflets in English and in the languages annotated in table 1. Please indicate in table 1 with a check mark in the respective boxes if your system will make labels in the corresponding languages or do not.

The Agency uses NextGen Electronic Health Records (EHR), myAvatar which is supplied by Netsmart. Please describe the ability of the hardware and/or software to interface with the EHR. no if not. This section must be returned with your Proposal.

3.3.2 Provide a narrative that describes your system translation certification process and addresses the following:

Does all content in the system go through a quality control process by human, native speaking linguists with the appropriate pharmacy expertise to ensure accuracy?

Additional translations that will be added with any upgrades will they go thru the same Quality control process before it is made available?

How will the translation ensure an appropriate pharmacy related background?

How is user feedback investigated and reviewed to ensure the translation is of the highest quality and most importantly understandable by the patient.

3.3.3 Proposal Requirements:

Disclosure Exemption Affidavit (Attachment B) – submit 1 copy if applicable

Proposer Information and Certification Sheet (Attachment C)

Reference Check Form (Attachment D)

Cost Sheet (Attachment E)

Responsibility Inquiry (Attachment G) – submit 1 copy only

Work Samples per Section 3.2

Project Implementation Plan per Section 3.2

Quality Assurance Narrative per section 3.3.2

Qualifications of Proposer and its Key Persons (including Key Person resumes) A list of all Key Persons who Proposer anticipates will be assigned to work on the Project. For each Key Person, the list shall include all the following:

(a) name and title,

(b) project role, and employer name

(c) a brief description of relevant qualifications (e.g. education, degrees.

Table 1: Please indicate with a check mark in the appropriate box if your system includes the following languages, provide in the Comments section how its verified.

Language Yes No Comments

(a) Spanish;

(b) Russian;

(c) Somali;

(d) Arabic;

(e) Chinese (simplified);

(f) Vietnamese;

(g) Farsi;

(h) Korean;

(i) Romanian;

(j) Swahili;

(k) Burmese;

(l) Nepali;

(m) Amharic; and

(n) Pashtu.

3.3.4 TECHNICAL

To be considered for evaluation, Proposer must provide at least 3 samples of Prescription labels that meet the below criteria. And 3 sets of matching Leaflets 1 set Federal Leaflet per Attachment H and one set of Oregon leaflets Attachment I. The labels MUST demonstrate how the proposed solution meets all of the following technical requirements:

• “Void” or “Illegal” pantograph: word “VOID” appears when prescription is photocopied and shows up on faxed prescriptions.

• Opaque “Rx” or white symbol on prescription disappears when photocopied or counterfeited

• Coin-reactive ink: changes color when rubbed by a coin

• Features to prevent the erasure or modification of information written/printed on the prescription by the prescriber.

• Non-white background color: background consists of a solid color or consistent pattern.

• Quantity check-off boxes: quantities are indicated in ranges and the corresponding quantity box must be checked.

• Pre-printed “Rx” is void if more than (1) prescription is written per blank.

• Thermal-coated security: if erased, heat caused by friction will turn the paper black at point of erasure.

• Safety paper with green-colored pattern: color mark appears when erased.

• Features designed to prevent the use of counterfeit prescriptions.

• Logos: used as part of the background color or pantograph

3.4 The following specific features apply for all prescriptions:

• Name, address and telephone number of prescribing practitioners

• Space for patient’s name and address, practitioner’s signature and DEA registration number

• The following specific features apply for controlled substances only:

• Pattern in green that shows “VOID” when copied

• Watermark seen only at 45-degree angle

• Opaque symbol that disappears if lightened

• Upper left inch reserved for logo

• Prescription quantity check-off box shall be marked (printed)

• Refill quantity options listed and marked (printed)

• Statement plainly stating one prescription per form

• Standard size: 4-1/4″ (high) x 5-1/2″ (wide)

3.5 MINIMUM SUBMISSION REQUIREMENTS

3.5.1 Proposer Format and Quantity

Proposer should follow the format and reference the sections listed in the Proposer Content Requirements section. Responses to each section and subsection should be labeled to indicate the item being addressed. Proposer must describe in detail how requirements of this solicitation will be met and may provide additional related information. Cost information must be submitted as a separate electronic file.

3.5.2 Authorized Representative

A representative authorized to bind the Proposer shall sign the Offer. Failure of the authorized representative to sign the Proposal may subject the Proposal to rejection by Agency.

3.6 PROCUREMENT PROCESS

3.6.1 Public Notice

The solicitation, including all Amendments and attachments, are published in the OregonBuys e-procurement system Solicitation documents will not be mailed to prospective Proposers.

Agency shall advertise all Amendments on OregonBuys e-procurement system. Prospective Proposer is solely responsible for checking OregonBuys to determine whether or not any Amendments have been issued. Amendments are incorporated into the solicitation by this reference.

3.6.2 Questions / Requests for Clarification

All inquiries, whether relating to the solicitation process, administration, deadline or method of award, or to the intent or technical aspects of the solicitation must:

• Be emailed to the SPC

• Reference the OregonBuys bid number

• Identify Proposer’s name and contact information

• Be sent by an authorized representative

• Refer to the specific area of the solicitation being questioned (i.e. page, section and paragraph number); and

• Be received by the due date and time for Questions/Requests for Clarification identified in the Schedule

3.6.3 Proposal Submission

Proposer is solely responsible for ensuring its Proposal is received by the SPC in accordance with the solicitation requirements before Opening. Agency is not responsible for any delays in mail or by common carriers or by transmission errors or delays or mistaken delivery.

Offers submitted by any means not authorized may be rejected.

3.6.3.1 Submission Options

Proposer shall submit one copy of its Proposal and all other submittal requirements, with Attachment C - Proposer Information and Certification Sheet bearing the Proposer’s authorized representative’s Signature, in one of the following formats: Adobe Acrobat (pdf), Microsoft Word (docx), or Microsoft Excel (xlsx). If Proposer believes any of its Proposal is exempt from disclosure under Oregon Public Records Law (ORS 192.311 through 192.478), Proposer shall complete and submit the Disclosure Exemption Affidavit (Attachment B).

Proposer shall also mark as “Confidential” in OregonBuys all attachments to its Proposal that Proposer believes are exempt from disclosure

The Proposer Information and Certification Sheet (Attachment C) must bear the Proposer’s authorized representative’s Signature.

Proposer shall submit its Proposal by hard copy. Proposer shall submit its Proposal and all other submittal requirements using only white 8 ½” x 11” Recycled Paper, minimum 12 https://oregonbuys.gov/bso point font. Proposer shall submit a copy of its Proposal and all other submittal requirements, with Attachment C - Proposer Information and Certification Sheet bearing the Proposer’s authorized representative’s Signature, and 1 additional copies. If Proposer believes any of its Proposal is exempt from disclosure under Oregon Public Records Law (ORS 192.311 through 192.478) Proposer also shall submit a fully redacted version of its Offer, clearly identified as the redacted version.

Proposer shall submit its Proposal in a sealed package addressed to the SPC with the Proposer’s name and the OregonBuys bid number clearly visible on the outside of the package.

Proposer shall submit its Proposal in a sealed package addressed to the SPC with the Proposer’s name and the OregonBuys bid number clearly visible on the outside of the package.

The Proposer Information and Certification Sheet (Attachment C) must bear the Proposer’s authorized representative’s Signature.

Proposer shall submit its Proposal in a sealed package addressed to the SPC with the Proposer’s name and the OregonBuys bid number clearly visible on the outside of the package. Proposal may be submitted electronically through OregonBuys.

Proposer shall submit samples of label and leaflet as part of their submission, in the United States Mail service or other acceptable carrier,

3.3.5 Modification or Withdrawal of Quotes or Offers

Any Proposer who wishes to make modifications to an Proposal already received by Agency shall submit its modification in one of the manners listed in the Proposal Submission Options section and must denote the specific change(s) to the Proposal submission.

If an Proposer wishes to withdraw a submitted Offer, it shall do so prior to Opening. The Proposer shall submit a Written notice Signed by an authorized representative of its intent to withdraw its Proposal in accordance with OAR 125-247-0440. The notice must include the OregonBuys Bid number and be submitted to the SPC.

3.6.6 Proposal Opening Date

Proposal and all required submittal items must be received by the SPC on or before Opening.

All Proposal modifications or withdrawals must be completed prior to Opening.

Offers received after Opening are considered LATE and will NOT be accepted for evaluation.

Late Offers will be returned to the respective Proposer or destroyed.

3.6.7 Proposal Rejection

Agency may reject a Proposal for any of the following reasons:

Proposer fails to substantially comply with all prescribed solicitation procedures and requirements, including but not limited to the requirement that Proposer’s authorized representative sign the offer.

https://oregonbuys.gov/bso

• Proposer fails to meet the responsibility requirements of ORS 279B.110.

• Proposer has undisclosed liquidated and delinquent debt owed to the State of Oregon or any of its agencies, boards, commissions, departments or divisions.

• Proposer makes any contact regarding this solicitation with State representatives such as State employees or officials other than the SPC or those the SPC authorizes, or inappropriate contact with the SPC.

• Proposer attempts to inappropriately influence a member of the Evaluation Committee.

• Proposer is conditioned on Agency’s acceptance of any other terms and conditions or rights to negotiate any alternative terms and conditions that are not reasonably related to those expressly authorized for negotiation in the solicitation or Amendment.

3.6.8 Opening of Offers

There will be no public Opening of Offers. Offers received will not be available for inspection until after the evaluation process has been completed and the Notice Award is issued.

However, Agency will record and make available the identity of all Proposers after Opening.

3.7 OFFERS CONTENT REQUIREMENTS

Proposer must address each of the items listed in this section and all other requirements set forth in this solicitation. Proposer shall describe the Goods to be provided or the Services to be performed or both. An Proposal that merely offers to provide the goods or services as stated in this solicitation will be considered non-Responsive to this solicitation and will not be considered further.

3.7.1 Proposer Information and Certification Sheet

The Proposer shall complete and submit the Proposer Information and Certification Sheet (Attachment C).

3.7.2 References

Provide at least 3 references from current or former client firms for similar projects performed for any clients within the last 5 years. References must verify the quality of previous, related Work.

Agency may check to determine if references provided support Proposer’s ability to comply with the requirements of this solicitation. Agency may use references to obtain additional information, break tie scores, or verify any information needed. Agency may contact any reference (submitted or not) to verify Proposer’s qualifications.

Proposer shall send the Reference Check Form (Attachment D) to its references. Reference forms must be completed by the reference, returned to the Proposer, and submitted with the Proposal prior to opening.

3.7.3 Costs Attachment E

Proposer to provide all costs for the “Complete System” for the duration of the contract, Describe the requirements of the Proposers costs, in the Cost Sheet (Attachment E):

• For each activity described in the Scope of Work, the costs must include identifiable costs, time estimates for completing each activity, and a summary of all proposed costs,

• For all fully loaded personnel costs, the costs proposed must include the name and title of all positions for each individual staff person who will perform the Work, and list the salary/wage and fringe rate separately for each such individual.

• Please describe in Attachment E and provide pricing on all consumable materials that will be utilized throughout the course of the project and include replenishment procedures.

• In attachment E, please give a detailed quotation of costs, including set‐up costs if applicable. This should clearly show itemized costs for everything related to providing prescription labels in stated languages per location and include a breakdown of hardware, ink, materials, subscription, etc.

• Please describe the printers and all hardware associated with your quote and exactly what will be needed for every location.

3.7.4 Public Record/Confidential or Proprietary Information

All Offers are public record and are subject to public inspection after Agency issues the Notice of the Intent to Award. If an Proposer believes that any portion of its Proposal contains any information that is a trade secret under ORS Chapter 192.345(2) or otherwise is exempt from disclosure under the Oregon Public Records Law (ORS 192.311 through 192.478), Proposer shall complete and submit the Disclosure Exemption Affidavit (Attachment B) and a fully redacted version of its Offer.

Proposer is cautioned that cost information generally is not considered a trade secret under Oregon Public Records Law (ORS 192.311 through 192.478) and identifying the Offer, in whole, as exempt from disclosure is not acceptable. Agency advises each Proposer to consult with its own legal counsel regarding disclosure issues.

If Proposer fails to identify the portions of the Proposal that Proposer claims are exempt from disclosure, Proposer has waived any future claim of non-disclosure of that information.

3.8 EVALUATION PROCESS

3.8.1 Responsiveness and Responsibility Determination

Offers received prior to Opening will be reviewed for Responsiveness to all solicitation requirements including compliance with Minimum Requirements section and Proposal Content Requirements section. If the Proposal is unclear, the SPC may request clarification from Proposer. However, clarifications may not be used to rehabilitate a non-Responsive Offer. If the SPC finds the Proposal non-Responsive, the Proposal may be rejected, however, Agency may waive mistakes in accordance with OAR 125-247-0470.

In accordance with OAR 137-047-0261(6)(a)(A), Agency may establish a Competitive Range of all Proposers who have made a good faith effort in submitting a Proposal in response to this solicitation for the purpose of correcting deficiencies in Offers for determining responsiveness during Round 1.

At any time prior to award, Agency may reject a Proposer found to be not Responsible.

3.8.2 Evaluation Criteria

Offers meeting the requirements outlined in the Proposal Content Requirements section will be evaluated by an Evaluation Committee. Evaluators will assign a score of 0% to 100% for each evaluation criterion listed below in this section.

SPC may request further clarification to assist the Evaluation Committee in gaining additional understanding of offers. A response to a clarification request must be to clarify or explain portions of the already submitted Proposal and may not contain new information not included in the original Offer.

SCORE EXPLANATION

90 – 100%

OUTSTANDING - Response meets all the requirements and has demonstrated in a clear and concise manner a thorough knowledge and understanding of the subject matter and project. The Proposer provides insight into its expertise, knowledge, and understanding of the subject matter.

60 – 89%

VERY GOOD – Response provides useful information, while showing experience and knowledge within the category. Response demonstrates above average knowledge and ability with no apparent deficiencies noted.

50 – 59%

ADEQUATE – Response meets all requirements in an adequate manner.

Response demonstrates an ability to comply with guidelines, parameters, and requirements with no additional information put forth by the Proposer.

11 – 49%

FAIR – Proposer meets minimum requirements, but does not demonstrate sufficient knowledge of the subject matter.

0-10% RESPONSE OF NO VALUE – An unacceptable response that does not meet the requirements set forth in the solicitation. Proposer has not demonstrated knowledge of the subject matter.

3.8.2.1 Evaluation Item 1 Label and paper quality/compliance

Work Samples section 3.2 Proposer to Provide 3 Label samples in languages of its choice.

Project Implementation Plan section 3.2 Targeted Assistance, compatibility with other printers (Zebra Ricoh)

Method of translation/Quality assurance section 3.3.2

Qualifications of Proposer and its Key persons Section 3.3.3

Quality of Paper Section 3.3.4 and section 3.4

How well does it comply to OHA and Federal Standards (Attachment H and Attachment I)?

o How well does _the Prescription label meet the specifications o Is the Translation correct?

3.8.2.2 Evaluation Item 2 Complete system and other services

Did Proposer submit a Completed Table 1

Did Proposer provide a completed cost sheet (Attachment E) is the Initial request of two label printers address per section 2.4

Usefulness of the Products and Services provided, and ongoing Services Attachment E

3.9 COST EVALUATION

The SPC will conduct the cost evaluation from Attachment E. The SPC will award a score to each Cost Sheet based upon the percentage of the proposed cost as compared to the lowest Proposer’s cost using the following formula:

lowest cost of all Proposers X cost points possible = cost score cost being scored

3.10 NEXT STEP DETERMINATION

Agency may conduct additional rounds of competition if in the best interest of the State.

Additional rounds of competition may consist of, but will not be limited to:

• Establishing a Competitive Range

• Presentations/Demonstrations/Additional Submittal Items

• Interviews

• Best and Final Offers

If Agency elects to conduct additional round(s), Agency shall provide written notice to all Proposers describing the next step. At any time, Agency may dispense with the selected additional round and: (1) issue a Notice of Intent to Award to the highest ranking Responsible Proposer; or (2) elect to conduct an alternative round of competition; or (3) cancel the solicitation.

3.11 PREFERENCES

3.11.1 Oregon Supplies and Services

Agency prefers Oregon goods and services, and for evaluation purposes, per ORS 279A.128, Agency shall subtract XX% from the cost for any Proposer proposing all Goods fabricated or processed or all Services performed entirely in Oregon before calculating the cost score.

3.11.2 Recycled Materials

In comparing Goods from two or more Proposers, if at least one Proposer proposes Goods manufactured with Recycled Materials, and at least 1 Proposer does not, Agency will select the Proposer proposing Goods manufactured from Recycled Materials if each of the conditions specified in ORS 279A.125 (2) exists following any adjustments made to the cost of the Goods according to any applicable reciprocal preference.

3.11.3 Tiebreakers

Oregon Supplies: If Agency receives Proposers identical in cost, fitness, availability and quality and chooses to award a Contract, Agency shall award the Contract in accordance with the procedures outlined in OAR 125-246-0300.

3.12 POINT AND SCORE CALCULATIONS

Scores are the values (0 through 10) assigned by each evaluator.

Points are the total possible value for each section as listed in the table below.

The SPC will average all scores for each evaluation criterion. The average score will be used as a percentage multiplier of the maximum possible points for that criterion. 1=10%, 5=50%, 9=90%, etc.

Cost points are calculated as stated in the Cost Evaluation section. Points possible are as follows:

TOTAL POINTS POSSIBLE: 10

POINTS POSSIBLE 10

3.8.2.1 Label Evaluation Item 1 4

3.8.2.2 Complete system and other services 4

3.9 Cost 2

3.12 COST POINTS POSSIBLE 10

EXAMPLE:

Proposer A receives scores of 10, 9, and 8 for a criterion worth 50 points. The SPC averages 10, 9, and 8 for a score of 9. 9 is used as a 90% multiplier to the possible points of 50. 50 multiplied by 90% is 45. Proposer A’s points for the criterion is 45.

3.13 RANKING OF PROPOSERS

The SPC will total the final average score (calculated by totaling the points awarded by each Evaluation Committee member and dividing by the number of members), together with references, and final price. After each applicable preference has been applied, SPC will determine rank order for each respective Proposal and Proposer, with the highest score receiving the highest rank, and successive rank order determined by the next highest score.

SECTION 4: AWARD AND NEGOTIATION

4.1 AWARD NOTIFICATION PROCESS

4.1.1 Award Consideration

Agency, if it awards a Contract, shall award a Contract to the highest-ranking Responsible Proposer(s) based upon the scoring methodology and process described in Section 3.

Agency may award less than the full Scope defined in this solicitation.

4.1.2 Notice of Award

Agency will notify all Proposers in Writing that Agency has awarded a Contract to the selected Proposer(s) subject to successful negotiation of any negotiable provisions.

4.2 SUCCESSFUL PROPOSER SUBMISSION REQUIREMENTS

See section 3.3.3

4.2.1 Insurance

Prior to execution of the Contract, the apparent successful Proposer shall secure and demonstrate to Agency proof of insurance coverage meeting the requirements identified in the solicitation or as otherwise negotiated.

Failure to demonstrate coverage may result in Agency terminating Negotiations and commencing Negotiations with the next highest-ranking Proposer. Proposer is encouraged to consult its insurance agent about the insurance requirements contained in Insurance Requirements (Attachment A) prior to Proposal submission.

4.2.2 Taxpayer Identification Number

The apparent successful Proposer shall provide its Taxpayer Identification Number (TIN) and backup withholding status on a completed W-9 form if either of the following applies:

• When requested by Agency (normally in an intent to award notice), or

• When the backup withholding status or any other information of Proposer has changed since the last submitted W-9 form, if any.

Agency will not make any payment until Agency has a properly completed W-9.

4.2.3 Business Registry

If selected for award, Proposer shall be duly authorized by the State of Oregon to transact business in the State of Oregon before executing the Contract. The selected Proposer shall submit a current Oregon Secretary of State Business Registry number, or an explanation if not applicable.

All Corporations and other business entities (domestic and foreign) must have a Registered Agent in Oregon. See requirements and exceptions regarding Registered Agents. For more information, see Oregon Business Guide, How to Start a Business in Oregon and Laws and Rules. The titles in this subsection are available at the following Internet site:

http://www.filinginoregon.com/index.htm.

http://www.irs.gov/pub/irs-pdf/fw9.pdf http://www.filinginoregon.com/index.htm

4.3 PRICE AGREEMENT NEGOTIATION

4.3.1 Negotiation

By submitting an offer, Proposer agrees to comply with the requirements of the solicitation, including the terms and conditions of the Sample Price Agreement (Attachment A), with the exception of those terms reserved for negotiation.

Proposer shall review the attached Sample Price Agreement and note exceptions. Unless Proposer notes exceptions to the terms and conditions identified as negotiable in its Offer, the State intends to enter into a Contract with the successful Proposer substantially in the form set forth in Sample Price Agreement (Attachment A). It may be possible to negotiate some provisions of the final Contract; however, many provisions cannot be changed.

Proposer is cautioned that the State of Oregon believes modifications to the standard provisions constitute increased risk and increased cost to the State.

Any Proposal that is conditioned upon Agency’s acceptance of any other terms and conditions may be rejected. Any subsequent negotiated changes are subject to prior approval of the Oregon Department of Justice.

Agency will only negotiate the following provision:

• Term of the contract

• Descriptions of goods and services

• Compensation

• Related goods or services that come available

In the event that the parties have not reached mutually agreeable terms within 10 calendar days, Agency may terminate Negotiations and commence Negotiations with the next highest-ranking Proposer.

SECTION 5: ADDITIONAL INFORMATION

5.1 CERTIFIED FIRM PARTICIPATION

Pursuant to Oregon Revised Statute (ORS) Chapter 200, Agency…