RFP DLA-2023.06 SDTPP Addendum I.pdf

STATE OF FLORIDA

DEPARTMENT OF LEGAL AFFAIRS

OFFICE OF THE ATTORNEY GENERAL

REQUEST FOR PROPOSAL

RFP DLA 2023.06

STATEWIDE DRUG TAKEBACK PILOT PROGRAM

ADDENDUM NO. 1

October 23, 2023

FAILURE TO FILE A PROTEST WITHIN THE TIME PRESCRIBED IN SECTION 120.57(3), FLORIDA STATUTES, OR FAILURE TO FILE A BOND OR OTHER SECURITYWITHIN THE TIME ALLOWED FOR FILING A BOND SHALL

CONSTITUTE A WAIVER OF PROCEEDINGS UNDER CHAPTER 120, FLORIDA STATUTES.

The purpose of this Addendum is to answer questions received in accordance with section 1.7, Questions, and amend parts of the Request for Proposal, as identified in Part A. In the event of a conflict between previously released information and the information contained in this Addendum, the information herein will control. The information included in this Addendum is incorporated and made part of this solicitation. Note: This Addendum No. 1 does not need to be returned with the Reply.

Deletions are indicated by “strikethrough”. Additions, updates, or replacements are indicated by highlighting.

Part A. Changes to the Request for Proposal

1. Page 4, Section 1.2, Definitions, the term “Receptacle” is revised as follows:

1.2 Definitions

Receptacle An un-manned collection kiosk that is able to safely and securely receive and store post-consumer medications as well as post-consumer-controlled substances (Schedules II-V). Post consumer medications include unused, expired, or leftover substances that are, or contain, a narcotic, targeted substance, or a controlled drug, that are being turned in by an individual.

2. Page 7, Section 1.5., Schedule of Events, Opening of Price Proposal, is revised as follows:

Opening of Price Proposals*

All Price proposals will be opened at:

Collins Building Room 226 107 W. Gaines Street Tallahassee, Florida, 32301

The public may attend the opening but may not review any Price Proposals at that time in accordance with section 119.07(1)(2), Florida Statutes. Only the names of Respondents and the names of any firms submitting “no response” will be read aloud.

November 22, 2023 November 27, 2023

10:00 a.m.

3. Page 12, Section 4.2.1.1.1, is revised as follows:

4.2.1.1.1 Located in areas where receptacles are not currently available and placed a minimum of three miles one mile from any existing receptacle.

4. Page 14, Section 5.5.3, Tab 2 Narrative Proposal is revised as follows:

5.5.3 Tab 2 Narrative Proposal

This section must address the Respondent’s Proposal for addressing all deliverables and tasks as required by Section 4, to include, but not limited to, dates and time for placement of the receptacles and timeframes for serving them and the submission of an implementation plan for additional site locations.

5. Page 17, Section 6.4, Price Proposal Scoring is revised as follows:

6.4 Price Proposal Scoring

Scoring of the Price Proposals will be based on the Respondent’s total proposed price up to the maximum points specified in Section 6.2 of this RFP. The total proposed price will be scored in accordance with the below formula, with the maximum number of points awarded to the lowest total price. The price for each site location and the procurement, installation, operation, and maintenance of the receptacles must be inclusive of all associated fees, costs, taxes and services borne by the Contractor during the Contract Term. The price for each installed receptacle must be inclusive of all delivery and installation charges and must not include taxes.

Part B. Questions and Answers Contained herein are the responses to the questions submitted to the Department of Legal Affairs, Office of the Attorney General (OAG) for RFP DLA-2023.06, Statewide Drug Takeback Program.

# QUESTION ANSWER

1.

While the RFP states no verbal questions may be answered, would it be possible to have a zoom meeting scheduled via an amendment that would allow all suppliers to have an open dialogue with the DLA to address any questions or concerns with the RFP prior to the question due date?

a. Understanding that only written questions and answers will be applicable and binding to the solicitation/contract? No.

2.

The RFP does not have a line item for the cost of the liner refills, only “Installation of receptables at each site location”. These are the boxes within the consoles that will need to be mailed back to our facility and replaced with a new one. There is a cost for disposal of these items, can a line item be added for this purpose? Or will that service be solicited separately?

No, a separate line item cannot be added.

At this juncture, the OAG does not intend to issue a separate solicitation.

2a.

Will the state be purchasing these consoles, or will the contractor be responsible for uninstalling them if the contract is not renewed?

No, the OAG will not be purchasing the receptacles. The Contractor would be responsible for uninstalling the receptacle if the Contractor elects to do so.

2b.

If purchasing, can there be three-line items?

1. Purchase of Kiosk

2. Installation of Kiosk

3. Replacement liners No, see answer to question 2a.

3.

Invoicing: Will the payment for the installed kiosks be monthly, or will the payment be upon completion of all installed locations at the end of the initial contract term?

A single payment for each new receptacle site identified and installed documented by the monthly report and invoice submitted by Contractor.

4.

The RFP states that the contractor will be responsible for maintenance of the kiosk, and that is understood, however, it will be the responsibility of the DEA registered pharmacy or hospital to remove and mail in the kiosk liners as they are being shipped under their DEA registration. Would the state like to institute an automatic shipment of a new liner when the contractor receives a full liner? No.

5. How many kiosk liners would the state like each installation to include?

No preference. This is up to the Contractor to determine.

6.

Is the interpretation of “Installation of receptables at each site location” meant to infer that we will charge a monthly flat rate for each kiosk installed that will include the maintenance, installation, and kiosk liners?

Example: 100 total locations installed December 2023, 100 units “x” unit rate= invoice total. Additional 100 locations installed January 2024, 200 units “x” unit rate= invoice total?

See Attachment B, Price Page. The price sheet asks for a flat, onetime fee per installed receptacle. Each month, the Contractor will be paid based on the number of new receptacles installed in that month.

7.

If the contract is not renewed, is it the expectation that the contractor will uninstall these kiosks and retain ownership of them?

Yes, the Contractor retains ownership of the receptacles. The Contractor would be responsible for uninstalling the receptacle if the Contractor elects to do so.

8.

Does the DLA have a list of sites that meet the demographic requirements within this solicitation that they would prefer the consoles be placed in such as a retail chain, or is it solely the contractor’s responsibility to identify these locations by researching demographics in all areas of the state?

No, the OAG does not have a list.

Respondents should review the demographic resources provided in the hyperlinks referenced in section 4.2.1.1.4.

8a

If it is the contractor’s responsibility to locate the locations within the specified demographics, will these demographic areas be determined by county or city demographics? Is there a state resource that would provide the most up to date information on these demographics that the DLA could provide? Yes, see answer to question 8.

9.

Please confirm that the permission from the individual locations to place the kiosks is not required with the proposal, but due prior to installing once the contract has been awarded.

Yes, you are correct. Permission slips are not required with the proposal but should be submitted with the monthly report that documents installation of each new receptacle.

10.

Section 4.2.1.2, the statement of work requires written permission from the DEA registered pharmacy for placement of the Kiosk. We assume this is after the award and as a part of the work to be conducted; not in advance of. Please confirm. See answer to question 9.

11.

SECTION 3 CONTRACT CONTENTS

3.1 Standard Contract Terms

Respondents must become familiar with the Standard Contract, Attachment A, which contains administrative, financial, and non-programmatic terms and conditions mandated by federal and state law and administrative code rules.

The terms and conditions contained in the Standard Contract are non-negotiable.

MSA:

By submission of a Proposal, the CONTRACTOR has accepted the terms of this Standard Contract without option for negotiation, unless otherwise specified herein.

Response/Question:

There are conflicting statements about our ability to redline the Terms and Conditions and Standard Contract. Please let us know if redlines are acceptable. No, the OAG will not accept redlines.

12.

The purpose of the state’s program is to increase the accessibility of collection locations where people can safely dispose of leftover medications. The scope of work describes site selection and installation and maintenance of collection kiosks. It does not explicitly address the provision of collection boxes and liners, shipping (of collection materials and then collected waste), treatment, or disposal. Are these activities part of the Scope, or does the state intend to issue a separate RFP, either before or after the receptacles are installed? Please note that collection receptacles and boxes are not manufactured in universal sizes (i.e., vendor collection boxes are not necessarily interchangeable).

See answer to question 2. At this juncture, the OAG does not intend to issue a separate solicitation.

13.

Section: Purpose For densely populated areas (e.g., Miami), is the state flexible on its stated requirement that kiosks be “placed a minimum of three miles from any existing receptacle”? Programs often consider population (1 kiosk per 15,000 or 20,000 people, for example) when evaluating accessibility. See Part A of this Addendum.

14.

Section 4.2.1.1.3 At least half of the receptacles must be located in “rural communities” as defined in section 288.0656, Florida Statutes.

Section 4.2.1.4 Receptacle site locations are in counties with 26 percent or more citizens aged 65 or older or counties with at least 35 percent of citizens living below 200 percent of the poverty.

If options or limitations occur in choosing pharmacies, does OAG prioritize any of the above demographical regions? No.

15.

Section: Purpose Is OAG seeking multiple vendor or prefer a single-vendor? See section 6.7., Basis of Award.

16.

Section: Purpose Will the state fund ongoing service of the Kiosks going forward or does that need to be priced into perpetuity? Should the state discontinue funding, how does the state suggest that the Kiosks can be serviced going forward?

See section 3.2., Term of Contract. The OAG does not have a suggestion on how to continue servicing the receptacles if funding is no longer available.

17.

Section 1.2 Definitions Can you further describe or define what it means to be a “targeted substance” under the defined term “Receptacle”? See Part A of this Addendum.

18.

Section 2.13 Subcontractors Can you describe what information about subcontract agreements must be provided or identified if there are anticipated subcontract agreements upon submission of the Proposal? See Section 2.13., Subcontractors.

19.

Section 3.2 Term of Contract The anticipated timeframe of the Contract is described as beginning on December 15, 2023, or the Contract execution date whichever is later, and ending on June 30, 2024. And in Section 4.2.1.3., the RFP requires that all receptacles be installed by June 30, 2024.

1. Please confirm if contract ends on June 30, 2024?

2. Does this require that at least 100 collection receptacles be manufactured, shipped to locations, and installed by June 30, 2024?

1. The contract will expire on June 30, 2024, unless renewed.

2. Yes.

20.

Section 3.2 Term of Contract The RFP mentions the availability of funds. Can you describe the budget for this project?

The amount funded for contract fiscal year 23/24 is up to $1.475 million.

21.

Section 4.2 Scope of Work, subsection 4.2.1.1., Tasks and Deliverables The RFP describes a scope of installing a minimum of 100, but no more than 500 receptacles at site locations, and in subsection 4.2.1.2. the RFP states that the maintenance of the receptacle after installation is the Contractor’s responsibility. Does this mean that the manufacture of the collection receptacle (including powder coating, installing locks/keys, and applying signage), and the installation of such receptacle are funded under this RFP, while any other services, such as collection receptacle maintenance, moves or removals, and any services for managing inner liners and destruction of full inner liners are funded by the Contractor and not funded under this RFP? Yes, you are correct.

22.

Section 5.3 Proposal Delivery Can you describe the permissible forms of portable media can be utilized to submit the electronic version(s) of the Proposal?

See section 5.2, Copies of Proposals. The OAG does not have a preference regarding the form of portable media being used.

23.

Section 5.5.3. Tab 2 Narrative Proposal Describes required information in the Proposal to include dates and times for the placement of receptacles and timeframes for serving them. Can you further describe what it means to be “serving them”? See Part A of this Addendum.

24.

Section 6.4 Price Proposal Scoring The RFP requests the price for each site location and the procurement, installation, operation, and states that the maintenance of the receptacles must be inclusive of all associated fees, costs, taxes and services borne by the Contractor. In light of Attachment B OAG Price Sheet, where the “Description of Product/Service” is limited to “Installation of receptacles at each site location” with a table requesting unit pricing per receptacle, can you describe what is meant in Section 6.4 by “operation, maintenance, and services”? Does this include collection receptacle operation, maintenance, and servicing of inner liners that are placed in collection receptacles for the collection of unwanted medication from Florida residents? See Part A of this Addendum.

25.

Section 6.4.1. Initial Contract Term How does the scoring take into account the volume or number of collection receptacle installations? Or is the scoring solely based on unit pricing per collection receptacle?

See section 6.3, Technical Proposal Scoring, Tab 2