RFQ07_DispensingServices.pdf

Solicitation No. 26-2033-RFQ01 DKPH Primary Care Medication Dispensing Services

REQUEST FOR QUALIFICATIONS (RFQ) No. 26-2033-RFQ07

May 6, 2026

SUBMISSION DUE DATE

Friday, May 15, 2026, at 2:30 p.m. EST.

Submissions shall only be accepted via email at:

DPH-DCBOHpurchasing@dph.ga.gov

Subject line 26RFQ07 DKPH Primary Care Medication Dispensing Services

Any submission in any other format (paper, fax, mail, etc.) will not be accepted.

Instructions:

1. All communications regarding this RFQ must be directed to the Procurement and Contracts

Supervisor, Shakera Hall, shakera.hall@dph.ga.gov.

2. All questions or requests for clarification must be sent via email at

DPH-DCBOHpurchasing@dph.ga.gov. In the subject line, use RFQ Questions – DKPH Primary Care Medication Dispensing Services. Questions are due no later than Monday, May 11, 2026, at 2:00 p.m. EST. Questions received after this date and time may not be answered.

3. Questions and clarifications, schedule changes, and other important information regarding this RFQ will be answered in the form of an addendum.

4. DeKalb Public Health reserves the right to reject all submissions and to waive technicalities and informalities and make an award(s) in the best interest of DeKalb Public Health.

5. DeKalb Public Health is not responsible for any technical difficulties. It is highly recommended that all potential contractors complete their submission before the due date of this RFQ.

mailto:DPH-DCBOHpurchasing@dph.ga.gov mailto:shakera.hall@dph.ga.gov mailto:DPH-DCBOHpurchasing@dph.ga.gov

SUBMISSION COVERSHEET

REQUEST FOR QUALIFICATIONS

Solicitation No. 26-2033-RFP07

COMPLETE AND RETURN THIS PAGE ALONG WITH THE LIST OF ITEMS BELOW

Company Name

Contact Person

Address

Email Phone

You must complete and submit copies of the following items:

1. SUBMISSION COVERSHEET (page #2)

2. Exhibit C: CERTIFICATE OF INSURANCE (COI) ARE NOT REQUIRED AT

SUBMISSION BUT WILL BE REQUIRED PRIOR TO CONTRACT EXECUTION IF

NEEDED.

3. Exhibit D: CORPORATION WITHOUT CORPORATE SEAL STATEMENT OF

CORPORATE RESOLUTION

4. Exhibit E: CONSOLIDATED CERTIFICATE REGARDING LOBBYING;

DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY MATTERS; AND

DRUG-FREE WORKPLACE REQUIREMENTS

5. Exhibit F: E-VERIFICATION DOCUMENTATION – The Contractor Affidavit

6. Exhibit G: REFERENCE SHEET

7. PROVIDE ALL INFORMATION REQUESTED IN SUBMISSION REQUIREMENTS

SECTION 2.0

By submitting a response to the RFQ, the contractor is acknowledging that the contractor:

1. Has read all the information and instructions, and

2. Agrees to comply with all the terms and conditions, information, and instructions contained in this RFQ.

It is understood and agreed that this statement of qualifications and submission shall be valid and held open for a period of ninety (90) days from the opening date.

Person Authorized to Sign on Behalf of the Contractor:

Signature: __________________________________________________________________

Printed Name/Title__________________________________________________________

Solicitation No. 26-2033-RFQ07

PURPOSE

DeKalb Public Health (DKPH) is seeking a qualified, licensed pharmacy to provide primary care medication dispensing for DKPH the Ryan White patients.

The Contractor shall supply medications directly and provide comprehensive pharmacy services to eligible patients. The intent is to ensure timely access to medications, high-quality services, cost-effective pricing, and improved patient outcomes.

The Contractor must be located within approximately 5 miles of the DKPH Ryan White Clinic at 445 Winn Way, Decatur, Georgia, and be accessible via public transportation.

BACKGROUND

The DKPH Ryan White Program provides medical care and support services to individuals living with HIV/AIDS. In 2025, the program served 438 unduplicated clients with 7,183 visits/appointments. In recent years, the program has prescribed primary care medicines for 0-15 patients per month and has paid an average of $2,000-$3,500 per year for primary care medicines prescribed to Ryan White patients.

1.0 SCOPE OF SERVICES

A. General Requirements The Contractor shall:

1. Maintain a valid license to operate a pharmacy in the State of Georgia.

2. Comply with all applicable federal, state, and local laws, including HIPAA and Board of Pharmacy regulations.

3. Be accessible via public transportation.

4. Operate a minimum of six (6) days per week, with hours comparable to 9:00 AM –

6:00 PM.

5. Maintain adequate staffing, including licensed pharmacists.

6. Be located within approximately 5 miles of the DKPH Ryan White Clinic at 445 Winn

Way, Decatur, Georgia, and be accessible via public transportation.

1.2 Pharmacy & Clinical Services

1. Dispense prescribed primary care medications, including controlled substances, in accordance with applicable laws.

2. Have licensed pharmacists available for patient consultations, both in person and via phone.

3. Be solely responsible for acts and omissions regarding pharmacy services to DKPH

Ryan White patients.

4. Perform clinical review of all prescriptions for safety, efficacy, appropriateness, and potential drug interactions.

5. Conduct drug utilization reviews

6. Provide patient counseling, including:

• Medication usage instructions.

• Side effects and interactions.

• Adherence support.

7. Provide client-centered primary care pharmacy services for DKPH Ryan White patients including:

• Providing non-discriminatory services against any patient who may be living with

HIV/AIDS

• Providing appropriate HIV/AIDS training to its employees and to seek HIV/AIDS technical advice and assistance from the appropriate DKPH division or office as the contractor deems necessary.

• Referring clients/patients requesting additional HIV/AIDS related services or information to the appropriate county health department.

• Providing DKPH Ryan White clinic-specific marketing materials at no additional cost. All documents or other materials containing the DKPH logo must have prior approval from DKPH Office of Communications and Media Relations before production and distribution.

1.3 Billing

• Bill DKPH Ryan White program market value cash price for the prescribed medications.

• Prepare and submit to the DKPH Ryan White program a monthly itemized invoice based on the number of prescription medications dispensed to DKPH Ryan White patients.

1.4 Reporting Requirements

Provide monthly reports that include:

• Number of patients served.

• Medications dispensed to each patient.

• Prescription fill and pick up date.

• Any other medication dispensing information pertaining to Ryan White patients and requested by the DKPH Ryan White program, and its funding and/or governing entities.

1.6 Compliance & Audits

• Maintain records for five (5) years.

• Use reasonable efforts to cooperate with audits and comply with applicable provisions of audit requirements and guidelines by Ryan White grantors, HRSA, and/or other applicable funding and governing entities.

• Assure all pertinent reimbursement accounts and dispensing records will be accessible to DKPH Ryan White program, its grantors and applicable auditing entities in case of audits or other instances.

• Grant DKPH Ryan White program, and its duly authorized representatives, the right, on behalf of the DKPH Ryan White program, to audit applicable books and records, including all applicable electronic records, to verify and ensure compliance with the rules, guidelines and requirements of the program’s applicable funding and governing entities.

B. PERFORMANCE STANDARDS

1. Prescription turnaround: within 48 hours

2. Delivery: same-day/next-day options

3. Reporting: by the 5th business day

4. Issue resolution: 1–2 business days

C. DKPH RESPONSIBILITIES

1. Provide patients with a hard copy of physician signed prescription with instructions.

2. Establish a process for periodic random comparisons between prescribing and dispensing records to identify potential irregularities.

3. Provide a list of prescribing physicians and providers at contract execution, with quarterly updates as needed.

2.0 REQUEST FOR QUALIFICATIONS PROCESS________________________________________

The submission must contain the information outlined below.

Please include a title on each page of your proposal and number the pages to ensure proper identification.

1. Cover Letter

2. Executive Summary

3. Evaluation and Selection Criteria

1. Cover/Transmittal Letter

Each proposal must have a Cover/Transmittal Letter briefly summarizing the qualifications and experience relevant to the scope. Please include in the letter the following:

i. Company’s information, including the name of the company (include any dba names); headquarters and parent company locations; and a brief history of the company.

ii. Company’s mailing address, contact person, telephone number for the primary contact person, and email address.

iii. A principal or officer of the company authorized to execute contracts or other similar documents on the firm’s behalf must sign the letter.

2. Executive Summary:

An executive summary should include the key elements of the respondents’ proposal to the RFP and an overview of the team. Indicate the address and telephone number of the respondent’s office located nearest to DKPH, and the office from which the project will be managed.

3. Evaluation and Selection Criteria DKPH, at its discretion, may award the contract(s) to the responsible and responsive consultant(s) that is deemed to be the most advantageous to DKPH. The following is the evaluation criteria that will be considered in determining which submission is most advantageous to DKPH:

*Cost or pricing will not be evaluated as part of this RFQ. Evaluation will be based solely on the qualifications, experience, and demonstrated capability of the respondent to perform the required services.

A. Approach

Describe the methodology or methodologies that will be used to carry out the services identified in the Scope of Work. The response should demonstrate a clear, organized, and effective approach to:

• Description of prescription intake, verification, and dispensing workflow

• Clinical services (drug utilization review, patient counseling, adherence support)

• Delivery services (same-day and overnight), including tracking methods

• Billing practices and pricing transparency

• Reporting processes and ability to meet monthly reporting requirements

• Communication protocols with DKPH and patients

• Detailed timelines demonstrating ability to meet performance standards

B. Qualifications and Experience of the Firm(s)

Proposers shall demonstrate their organizational capacity and relevant experience to successfully perform the services described in this RFQ. Responses should include:

• Overview of the firm, including years in operation and type of pharmacy services provided

• Proof of current licensure to operate a pharmacy in the State of Georgia

• Experience providing outpatient pharmacy services, preferably in public health settings serving Ryan White patients and HIV/AIDS populations

• Demonstrated experience complying with HIPAA and applicable pharmacy regulations

• Description of similar contracts performed, including scope, size, and outcomes

• At least three (3) relevant references relevant to similar scopes and nature.

3.0 SUBMISSION REQUIREMENTS

RFQ Number: RFQ26-2033-RFQ07, DKPH Primary Care Medication

Dispensing Services Questions Due: Monday, May 11, 2026, at 2:00 pm EST

Submission Due Date: Friday, May 15, 2026, at 2:30 p.m. EST

Criteria Points Approach 40 Qualifications and Experience of the Firm(s) 60 Highest Possible Score 100

Submissions are only accepted via email at: DPH-DCBOHpurchasing@dph.ga.gov

All submissions are due at the location specified above no later than the date and time specified herein. The submission package must include detailed information relative to Request for Qualifications Process and Selection Criteria, as required. The Submission Coversheet included as page two (2) of this RFQ and Exhibits C-G must be attached and must be signed by a person authorized to legally bind the company.

4.0 EVALUATION:

DKPH evaluation committee will evaluate each proposal properly submitted in accordance with the instructions of this RFQ and within the timeframe specified. DKPH at its sole discretion determines the criteria and process whereby submissions are evaluated and awarded. No damages shall be recoverable by any challenger as a result of the determinations or decisions by DKPH.

Contract award will be made to the Contractor(s) considered most advantageous to DKPH based on the process and the evaluation criteria set forth below. Submissions that are deemed to be responsive will be sent to the evaluation committee for review. Submissions that are deemed to be non-responsive will not be evaluated or considered for award.

DKPH reserves the right to develop a competitive range. The competitive range is defined as a group of competitive negotiation, as determined during the evaluation process, consisting of those submissions that are considered to have a reasonable chance of being selected for an award and who are, therefore, chosen for additional discussion and negotiations. Submissions not in the competitive range are given no further consideration.

DKPH reserves the right to deem any submission non-responsive for failure to provide required documentation or failure to meet mandatory requirements identified in this RFQ

5.0 SUPPLEMENTAL INFORMATION:

The DKPH provides a fee-for-service payment. No upfront payment or deposit will be provided. The contractor is required to itemize invoices for services and submit them to DKPH on a monthly basis.

mailto:DPH-DCBOHpurchasing@dph.ga.gov

TERMS AND CONDITIONS ___________________________________________________

1. CONTRACT: The request for qualifications invitation, terms and conditions, the specifications and the proposal received form the contract and they shall be fully part of the contract, as if thereto attached, or therein repeated. These documents represent the entire agreement between the successful vendor and DKPH and supersede any prior discussions or negotiations, representations, or agreements, either written or oral. Contracts, if awarded, will be awarded to responsible proposers whose submissions will be most advantageous to DKPH.

The determination will be solely at the discretion of DKPH.

Based upon the availability of funding and the assumption of satisfactory performance by the responders awarded the initial contract, it is the intent of DKPH to enter into a series of one-year renewable contracts. The contract shall not bind, nor purport to bind, DKPH for any contractual commitment in excess of the original contract period, which is anticipated to be upon execution.

In the event that DKPH exercises the right to renew, all terms, conditions, and specifications of the original contract, as amended, shall remain the same and apply during the extension period, a period not less than one year or no more than four years, in duration. If an extension option is exercised, such shall be accomplished in writing between the contractor and DKPH’s Purchasing.

2. DKPH reserves the right to reject or accept any or all submissions and to waive informalities, minor irregularities and technicalities in submissions received, whichever is deemed to be in the best interest of DKPH, and to re-advertise.

3. DKPH may accept any items or group of items of any submission unless the proposer qualified his submission by specific limitations.

4. COMPLETION: The Offeror shall read the submission carefully, complete all entries, and submit all documents or information requested. Failure to do so may result in rejection of the submission.

5. CONTRACT RENEWAL: After the initial contract term, DKPH reserves the right to renew the contract for four (4) additional years if the vendor and DKPH mutually agree.

Renewing the contract would imply doing so under the same terms and conditions unless proposed changes are mutually agreed upon by both parties.

6. FUNDING: If for the term of this contract, DKPH for any reason, fails to appropriate funds for these services, DKPH will notify the vendor immediately and will no longer be obligated under the contract.

7. EXCEPTIONS: Submissions meeting the requirements of this document shall be considered. Offerors taking exception to any of the terms, conditions or offering substitutions shall state these exceptions plainly on the Exceptions Page of this document.

8. DEVIATIONS to any/all requested options in this submission are subject to approval by DKPH prior to any resultant award.

9. QUANTITIES: Unless otherwise noted, any quantities provided for this Request for Qualifications are estimated volume and do not represent a purchase contract quantity. DKPH reserves the right to purchase quantities that are fewer, greater, or even none for the line items presented based on needs at given times during the period of this contract. DKPH reserves the right to not consider a submission if a service charge, minimum dollar, or minimum quantity is applied.

10. OFFER TIMELINE: Offeror agrees to hold their offer open for acceptance by DKPH for no less than ninety (90) days from the RFQ response date and time.

11. COMPLIANCE: Under this contract, DKPH Procurement Supervisor will have the responsibility to ensure compliance with contract requirements, such as but not limited to acceptance and inspection of equipment and services provided.

12. UNDERSTANDING: Offeror, by making his/her submission, represents that he/she has read and understands the request for qualifications.

13. CONTRACT AND PURCHASE ORDER: DKPH limits its purchases through the use of properly approved and authorized contracts and purchase orders. The successful vendor must be able to accept purchase orders via email (preferred) or facsimile (FAX). Therefore, the contract number or purchase order number shall appear on ALL itemized invoices to ensure payment.

14. Any contracts or agreements signed by any DKPH employee other than the District Health Director or their designee is considered null and void.

15. INVOICING: The vendor shall submit itemized invoices within a timely manner during the Federal fiscal year in which the items were purchased. Invoices shall indicate the vendor contract number with DKPH along with the purchase order number, if applicable. Invoices shall be issued only for items received. Payment shall not be due until the invoice(s) are submitted after delivery of services or product. Payments will be made within thirty (30) days of receipt of an accurate, non-disputed invoice.

All invoices must be e-mailed to the Program Manager and/or DCBOHAPINVOICES@dph.ga.gov. Invoices will be accepted and honored in accordance with the finalized budget. All deliverables under the terms of this contract are due prior to the release of final payment.

TAX EXEMPTION: DKPH, by law, is exempt from most taxes. Offeror to retain on file a copy of a tax-exempt form submitted by DKPH. Offeror is encouraged to allow for an automated tax exemption, not requiring the department buyer to request exemption. If awarded mailto:DCBOHAPINVOICES@dph.ga.gov contract, Offeror may obtain a copy of DKPH Tax Exemption Certificate by contacting DKPH Purchasing Department.

16. SIGN-IN AND IDENTIFICATION BADGES: For safety purposes, all vendors will sign-in at DKPH or administration front desk when entering a DKPH facility. All vendors will be expected to show their driver’s license or other government issued photo identification card to the employee at the front desk.

17. FAILURE TO ABIDE BY TERMS: If at any time, a vendor fails to fulfill or abide by the terms, conditions or specifications of the contract, or to perform by providing the items/services at stipulated standard or within the specified time frame, DKPH reserves the right, upon written notice to the vendor to cancel the contract.

18. DEFAULT: Prior to the cancellation of the contract for default, DKPH’s Purchasing will advise the vendor, in writing, of their intentions, and the reasons for such intentions. The vendor will be allowed fifteen (15) days to cure the default condition. If such condition is not cured to the satisfaction of DKPH after that time, then the cancellation of the contract may be executed.

19. GIFTS: Please note that a “gift to a public servant” is a Class A misdemeanor offense if the recipient is a government employee who exercises some influences in the purchasing process of the governmental body. This would certainly apply to anyone who helps establish specifications or is involved in product selection or directs a purchase.

20. INTERLOCAL AGREEMENTS, PURCHASING COOPERATIVES: DKPH reserves the right to utilize other DKPH contracts, State of Georgia contracts, contracts awarded by other Governmental Agencies, other Boards, or cooperative agreements in lieu of any offer received, or award made as a result of this RFQ, if it is in DKPH’s best interest to do so.

21. VENUE: Both parties agree that venue for any litigation arising from this contract shall lie in DeKalb County, Georgia.

22. INSURANCE. Prior to beginning work, the successful contractor is required to furnish Certificates of Insurance as may be required by DKPH and described in the specifications (Exhibit C)

23. PERFORMANCE: Prospective vendor must affirmatively demonstrate responsibility through a satisfactory performance record. Each Offeror is required to include in their submission a list of three (3) references of organizations for which they currently or have provided products/services to within the last three (3) years. The list shall include the company/entity name, address, contact name, and telephone number.

24. PLACES OF BUSINESS: Prospective vendor may be required to furnish evidence in writing that they maintain permanent places of business and have adequate places of business and have adequate equipment, finances, and personnel to furnish the items/services offered satisfactorily and expeditiously.

25. EXCEPTIONS: Offerors taking exception to the terms and conditions or specifications of this RFQ shall state these exceptions plainly on the Exception Page of the proposal document.

If no exceptions are indicated on the submitted form, it will be assumed that your submission complies with our document.

26. PRICING: DKPH will reimburse the awarded contractor based on actual medications dispensed and approved services rendered in accordance with the contract terms and applicable Ryan White program requirements.”

27. AWARD: It is the intention of DKPH to establish a contract with one (or more) offeror(s) that successfully responds to this RFQ. DKPH does not guarantee any work or dollar amounts relating to this RFQ. Purchases will be based upon DKPH’s needs throughout the period covered by this RFQ. Therefore, this RFQ contains information based on previous data.

28. NOTIFICATION OF AWARD: ALL vendors properly responding on time to this RFQ with all the required documents complete will be considered for award. DKPH may elect to issue subsequent RFQs and approve additional vendors for the same or similar items/services during the agreement period, if it is determined to be in the best interest of DKPH.

29. CANCELLATION: DKPH shall have the right to cancel for default all or any part of the undelivered portion of this order/service if vendor breaches any of the terms hereof including warranties of vendor or if the vendor becomes insolvent or commits acts of bankruptcy. Such right of cancellation is in addition to and not in lieu of any other remedies, which DKPH may have in law or equity.

30. FORCE MAJEURE: If by reason of Force Majeure (unforeseeable circumstances), either party hereto shall be rendered unable wholly or in part to carry out its obligations under this agreement, then such party shall give notice and full particulars of Force Majeure in writing to the other party within a reasonable time after occurrence of the event or cause relied upon, and the obligation of the party giving such notice, so far as it is affected by such Force Majeure, shall be suspended during the continuance of the inability then claimed, except as hereinafter provided, but for no longer period, and such party shall endeavor to remove or overcome such inability with all reasonable dispatch. The term Force Majeure as employed herein, shall mean acts of God, acts of public enemy, orders of any kind of government of the United States or the State of Georgia or any civil or military authority; insurrections; epidemics; landslides;

land sinkage; lightning; earthquakes; fires; hurricanes; storms; floods; washouts; droughts;

arrests; restraint of government and people; civil disturbances; explosions; breakage or accidents to machinery, pipelines or canals, or other causes not reasonably within the control of the party claiming such inability.

31. ASSIGNMENT DELEGATION: No right or interest in this contract shall be assigned or delegation of any obligation made by vendor without the written permission of DKPH. Any attempted assignment or delegation by vendor shall be wholly void and totally ineffective for all purposes unless made in conformity with this paragraph.

32. WAIVER: No claim or right arising out of a breach of this contract can be discharged in whole or in part by a waiver or renunciation of the claim or right unless the waiver or renunciation is supported by consideration and is in writing signed by the aggrieved.

33. INTERPRETATION PAROLE EVIDENCE: This writing is intended by the parties as a final expression of their agreement and is intended also as a complete and exclusive statement of the terms of their agreement. No course of prior dealings between the parties and no usage of the trade shall be relevant to supplement or explain any term used in this agreement.

Acceptance or acquiescence in a course of performance rendered under this agreement shall not be relevant to determine the meaning of this agreement even though the accepting or acquiescing party has knowledge of the performance and opportunity for objection. Whenever a term defined by the Uniform Commercial Code is used in this agreement, the definition contained in the Code is to control.

34. ADVERTISING: The vendor shall not advertise or publish, without DKPH’s prior consent the fact that DKPH has entered into this contract, except to the extent necessary to comply with proper requests for information from an authorized representative of the federal, state or local government.

35. RIGHT TO ASSURANCE: Whenever a party to this contract in good faith has reason to question the other party’s intent to perform, he/she may demand that the other party give written assurance of his/her business intent to perform. In the event that a demand is made, and no assurance is given within five (5) days, the demanding party may treat this failure as anticipatory repudiation of the contract.

36. DISCLOSURES: By signing this submission, a vendor affirms that he/she has not given, offered to give, nor intends to give at any time hereafter any economic opportunity, future employment, gift, loan, special discount, trip, favor, or service to a public servant in connection with the submission. Vendor shall note any and all relationships that might be a conflict of interest and include such information with the submission (Conflict of Interest Questionnaire).

By signing this submission, a vendor affirms that, to the best of his/her knowledge, the submission has been arrived at independently and is submitted without collusion with anyone to obtain information or gain any favoritism that would in any way limit competition or give them an unfair advantage over other vendors in the award of this submission.

37. TERMINATION OF CONTRACT: It is understood that DKPH retains the option to terminate this Agreement for any reason at the end of each contract year without pecuniary risk or penalty or at any point during the contract term with evidence of just cause. The termination will become effective, and this Agreement shall terminate sixty (60) days prior to the end of the contract year or for just cause. The termination will become effective, and this Agreement shall terminate sixty (60) days following written notification of intent.

DKPH may terminate this contract, in whole or in part, for DKPH's convenience, or because of failure of the Contractor to fulfill the obligations herein in any respect. DKPH shall terminate by delivering to the Contractor, with at least five (5) days’ notice, a Notice of Termination specifying the nature, extent, and effective date of termination. Contractor shall be paid for services rendered up to the date of termination. Notice shall be given in accordance with Article 11 herein.

Notwithstanding the foregoing, this contract is subject to the availability of funds to DKPH to provide reimbursement for services rendered. In the event that the source of reimbursement no longer exists, then this contract shall terminate immediately upon the giving of notice of such to the Contractor, without further obligation of DKPH, and the Contractor shall be paid as provided herein for services rendered up to the date of termination. Notice shall be given in accordance with Article 11 herein.

38. CONFIDENTIAL OR TRADE SECRETS If any of the information is confidential or a trade secret belonging to the vendor and, if release would give advantage to a competitor or vendor, that information should be filed with the submission in a separate envelope marked

“CONFIDENTIAL – DO NOT DUPLICATE WITHOUT PERMISSION”.

Acceptance of such materials does not constitute an admission by DKPH that the materials are confidential or a trade secret. CRIMINAL RECORDS HISTORY: The vendor shall ensure that all entities with which it contracts shall supply information regarding criminal records history of any employee, agent or consultant who shall be present on DKPH’s property at any time. Under no circumstances shall any entity be allowed to use employees, agents or consultants present on site who have been convicted of a felony or a crime involving sexual misconduct.

39. COMPETITIVE PROCUREMENT: This RFQ is part of a competitive procurement process which helps to serve DKPH’s best interest. It also provides vendors with a fair opportunity for their products to be considered. The process of competitive negotiation being used in this case shall not be confused with the different process of competitive sealed bidding.

The latter process is usually used where the goods or services being procured can be described precisely and price is generally the determinative factor, although it may be, and DKPH has the flexibility it needs to negotiate with vendors to arrive at a mutually agreeable relationship.

40. LENGTH OF CONTRACT: All responses to the RFQ shall be valid for the date of approval with the possibility of four (4) additional annual renewals between DKPH and the Vendor.

41. ACCEPTANCE: This will be a single or multi-vendor award. DKPH reserves the right to accept or reject any or all the submissions, waive minor technicalities, and accept the offer most advantageous to DKPH. Contract, to awarded vendor, will be based on the determined “best value for DKPH”.

42. OTHER REQUIREMENTS: The warranty, general, special terms and conditions, insurance, submittal documents and specifications as stated herein shall apply and shall not be nullified, voided or altered in any way by the inclusion of the Offeror’s pre-printed forms with this submission or any other document submitted during delivery of product, invoicing, acknowledgement letters, emails, faxes, routing communications between the contracted parties, of subcontract employees, or third parties unless specifically acknowledged and agreed to in writing by DKPH.

43. PERFORMANCE. The responsibility for compliance with this RFQ and the subsequent contract shall be with the submitting Offeror. Awarded Offerors are expected to provide prompt service that is due under this contract including warranties. Past performance of the Offeror may be a factor in awarding future contracts.

Any problems or discrepancies that are not covered by the above requirements should be directed to DKPH Office of Purchasing for a determination or clarification prior to any action taken on said problem or discrepancy. If the Offeror fails to make such request, no excuse will thereafter be entertained for failure to carry out the work in a satisfactory manner. All offerors shall provide detailed explanations of any variances or exceptions the offeror has with any requirement or terms specified in this RFQ and thoroughly explain any alternate service offered. DKPH is not responsible for any costs incurred by the vendor for the preparation or distribution of this RFQ. Respondents or other authorized representatives are expected to fully inform themselves as to all conditions, requirements, and specifications before submitting offers. Failure to do so will be at the Offeror’s own risk. Proprietary information, if any, submitted to DKPH in response to this RFQ should be identified as such. Any information identified as proprietary will be handled in accordance with the provisions of the Georgia Open Records Public Information Act as it applies to such information.

44. DKPH LICENSING PROGRAM: DKPH logo cannot be used without the expressed, written permission of DKPH

45. INCREASES. If deemed appropriate by DKPH, extension period percentages of increase shall be negotiated with the contractor. If a mutual agreement cannot be reached, DKPH reserves the right to rebid.

46. ADDITIONAL SERVICES. DKPH reserves the right to request the contractor to provide additional services not outlined herein. In the event this occurs, compensation will be negotiated at that time.

47. COST. Unless otherwise specified herein, the contractor shall be responsible for furnishing all material, labor, facilities, equipment, and supplies necessary to perform the services required herein.

48. INDEPENDENT CONTRACTOR. The contractor represents itself to be an independent contractor offering such services to the general public and shall not represent itself or its employees to be employed by DKPH. The sole relationship between DKPH and the contractor is as established by this contract. The contractor acknowledges responsibility for filing all returns and paying all taxes, FICA, employee fringe benefits, workers compensation, employee insurance, minimum wage requirements, overtime, etc., associated with the performance of the contractual requirements herein, and agrees to indemnify, save, and hold DKPH, its officers, agents, and employees, harmless from and against, any and all losses, costs, attorney fees, and damage of any kind related to such matters. Upon request, the contractor will provide DKPH with evidence of compliance with these requirements.

49. SUBCONTRACTORS. The contractor shall not subcontract work hereunder without the prior written consent of the DeKalb County Board of Health (DKPH). Any contractor subcontracting work without the prior written consent of DKPH shall be null and void. If contractor proposes to subcontract any of the work hereunder, it shall submit to DKPH the name of each proposed Subcontractor, with the proposed scope of work which its proposed Subcontractor is to undertake. Alternatively, the Contractor shall provide a statement that there are no subcontractors for the work proposed hereunder.

50. COMMUNICATION ON PROJECTS. The contractor shall fully coordinate its activities in the performance of the contract with those of DKPH. As the work of the contractor progresses, advice and information on matters covered by the contract shall be made available by the contractor to DKPH throughout the contract period.

51. OWNERSHIP OF MATERIALS. The contractor shall agree and understand that all reports and material developed or acquired by the contractor as a direct requirement specified in the contract shall become the property of DKPH. No reports or material prepared, as required by the contract, shall be released to the public without the prior written consent of DKPH.

52. INDEMNIFICATION. The contractor shall understand and agree that DKPH cannot save and hold harmless and/or indemnify the contractor or employees against any liability incurred or arising as a result of any activity of the contractor or any activity of the contractor's employees related to the contractor's performance under the contract. Therefore, the contractor must acquire and maintain adequate liability insurance in the form(s) and amount(s) sufficient to protect DKPH, its agencies, its employees, its clients, and the general public against any such loss, damage and/or expense related to his/her performance under the contract. The insurance shall include an endorsement that adds DKPH as an additional insured. The contractor shall not be responsible for any injury or damage occurring as a result of any negligent act or omission committed by DKPH, including its Board and employees.

53. CONFIDENTIAL INFORMATION. Inasmuch as under the contract the contractor may acquire confidential information, the contractor agrees to use such information only for the sole benefit of DKPH and to keep confidential such information, as well as all information developed in the conduct of the work contracted for including information disclosed by DKPH to contractor or any other person engaged in the contracted work. The contractor further agrees that all data, technical information, and reports developed by contractor or any person engaged in the contracted work are the property of DKPH and shall not be disclosed to others at any time or used for any other purpose other than for the sole benefit of DKPH, and that upon termination of the contract, or at any other time DKPH requests, the contractor or any other person involved in the contracted work will transmit to DKPH any written, printed, or other materials embodying such confidential information, including all copies and excerpts thereof, given to, prepared by or for the contractor, or any other person involved in the contracted work.

It is further understood and agreed that this obligation to keep such information confidential shall continue at all times beyond the completion of the contracted work. W-2 tax information would be the most sensitive file DKPH would send to the contractor (once annually).

The contractor shall agree and understand that all exhibits, materials, digital files, artwork, design features and concepts developed as a result of the contract shall become the property of DKPH, with all rights and interests for present and future publication, display, sale, copyright, or other use as deemed appropriate by DKPH.

54. COMPLY WITH APPLICABLE LAW. The contractor must comply with all existing or future applicable laws, including but not limited to, those pertaining to soy-based ink and recycled paper.

55. NO EXCLUSIVE ARRANGEMENT. The contractor agrees and understands that the contract shall not be construed as an exclusive arrangement and further agrees that DKPH may secure identical and/or similar services from other sources at any time in conjunction with or in replacement of the contractor's service.

56. VIOLATIONS. If the contractor is found to be in violation of this requirement or the applicable state, federal and local laws and regulations, and if DKPH has reasonable cause to believe that the contractor has knowingly employed individuals who are not eligible to work in the United States, DKPH shall have the right to cancel the contract Immediately without penalty or recourse and suspend or debar the contractor from doing business with DKPH.

DKPH may also withhold up to twenty-five percent of the total amount due to the contractor.

57. AUDIT. The contractor shall agree to fully cooperate with any audit or investigation from federal, state, or local law enforcement agencies.

58. CONTRACT MODIFICATIONS: With the exception of specifically designated persons in the Office of Purchasing selected for this purpose by DKPH, employees of DKPH are not authorized to modify, interpret or clarify such terms, conditions or specifications, and proposers should not rely on the presentments of employees or agents other than those with express authority to make such presentments.

59. SUSPENSION. DKPH reserves the right to suspend the contract in whole or in part under this provision, if it appears to DKPH, in its sole discretion, that the Contractor is failing to comply with any one or more of the following: (1) the quality of service; (2) the specified completion schedule of Contractor's duties required under this contract; (3) the documentation requirements for proof of reimbursable expenses prior to payment thereof; or (4) the programmatic performance or service deliverables set forth herein. DKPH will send written notice to the Contractor, as notification of DKPH's action under this Article, specifying the nature of the non-compliance and the actions necessary to correct the non-compliance.

Contractor will immediately discontinue services and will have five (5) days from receipt of such notice to cure, remedy or correct the non-compliance to DKPH's satisfaction. Contractor will receive no payment for services rendered during the suspension period. If DKPH, in its sole discretion, is satisfied with Contractor's response, DKPH may lift the suspension of the contract, and both parties will resume full performance under the contract. If the Contractor does not provide a satisfactory response to DKPH within the five (5) day period, then this contract shall immediately terminate without further obligation by DKPH. Contractor shall be paid up to the date of suspension.

Standard Contract The attached sample contract is DKPH’s standard contract document for professional services (Attachment C). Proposers should thoroughly review the document prior to submitting a proposal.

Any proposed revisions to the terms or language of this document must be submitted in writing with the response to the Request for Proposal. Since proposed revisions may result in the proposal being rejected if the provisions are unacceptable to DKPH, proposers should review the contract with an officer of the firm having authority to execute the contract.

Exhibit A

Sample Standard Contract Document for Professional Services

STATE OF GEORGIA CONTRACT NO.:

COUNTY OF DEKALB 22-0000-Co000-00

ARTICLE 1 - CONTRACT BETWEEN

This contract is between the DeKalb County Board of Health dba DeKalb Public Health, legally empowered to contract pursuant to the Georgia Health Code and hereinafter referred to as the

"DKPH"

and

__________________________________, a _______________________________________ located at _________________________________________, and hereinafter referred to as the

"Contractor."

This contract, made as of this _____, day of, shall constitute the terms and conditions under which the contractor shall provide ____________________________________ on behalf of DKPH.

ARTICLE 2 - CONTRACT PERIOD

This contract shall be effective upon execution and shall be reviewed annually. This contract has

(4) annual renewal options unless terminated earlier under other provisions herein.

ARTICLE 3 – DKPH AND CONTRACTOR AGREEMENTS

NOW, THEREFORE in consideration of the mutual covenants herein set forth, it is agreed by and between the parties hereto as follows:

WHEREAS DKPH desires professional ___________________________________ And WHEREAS the contractor has represented to DKPH that they are an organization that is willing and able to provide such services:

DKPH agrees to:

1. Comply with all reasonable requests from the contractor that are necessary for the performance of the duties within the scope of services.

2. Compensate the contractor per Article 7 - Terms of Payment.

ARTICLE 4 - CONTRACT MODIFICATION

This contract may be modified by mutual consent at any time, but no modification or alteration of this contract will be valid or effective unless such modification is made in writing and signed by both parties and affixed to this instrument.

ARTICLE 5 - CONTRACT TERMINATION

A. DKPH may terminate this contract, in whole or in part, for DKPH's convenience, or because of failure of the contractor to fulfill the obligations herein in any respect. DKPH shall terminate by delivering to the Contractor, with at least thirty (30) days’ notice, a Notice of Termination specifying the nature, extent, and effective date of termination. The Contractor shall be paid for services rendered up to the date of termination. Notice shall be given in accordance with Article 12 herein.

B. Notwithstanding the foregoing, this contract is subject to the availability of funds to DKPH to provide reimbursement for services rendered. In the event that the source of reimbursement no longer exists, then this contract shall terminate immediately upon the giving of notice of such to the Contractor, without further obligation of DKPH, and the contractor shall be paid as provided herein for services rendered up to the date of termination. Notice shall be given in accordance with Article 12 herein.

ARTICLE 6 - CONTRACT SUSPENSION

DKPH reserves the right to suspend the contract in whole or in part under this provision, if it appears to DKPH, in its sole discretion, that the contractor is failing to comply with any one or more of the following: (1) the quality of service; (2) the specified completion schedule of Contractor's duties required under this contract; (3) the documentation requirements for proof of reimbursable expenses prior to payment thereof; or (4) the programmatic performance or service deliverables set forth herein. DKPH will send written notice to the Contractor, as notification of DKPH's action under this Article, specifying the nature of the non-compliance and the actions necessary to correct the non-compliance. The Contractor will immediately discontinue services and will have ten (10) calendar days from receipt of such notice to cure, remedy or correct the non-compliance to DKPH's satisfaction. The Contractor will receive no payment for services rendered during the suspension period. If DKPH, in its sole discretion, is satisfied with Contractor's response, DKPH may lift the suspension of the contract, and both parties will resume full performance under the contract. If the Contractor does not provide a satisfactory response to DKPH within the ten (10) day period, then this contract shall immediately terminate without further obligation by DKPH. The Contractor shall be paid up to the date of suspension.

ARTICLE 7 - TERMS OF PAYMENT

Payments will be made by DKPH upon receipt and acceptance of itemized invoices submitted by the Contractor for medications dispensed and services rendered in accordance with the terms of the contract.

ARTICLE 8 - PUBLICITY

Any publicity given to the program or services provided herein, including, but not limited to, notices, information pamphlets, press releases, research, reports, signs, and similar public notices prepared by or for the Contractor, shall not identify DKPH as a sponsoring agency without prior approval by DKPH's managing programmatic division/office. In addition, the contractor shall not display DKPH's name or logo in any manner, including, but not limited to, display on Contractor's letterhead or physical plant, without the prior written authorization of DKPH.

ARTICLE 9 - NON-DISCRIMINATION

A. Non-discrimination in Employment Practices: The Contractor agrees to comply with Federal and State laws, rules and regulations and the Rules and Regulations of the State Personnel Board if applicable relative to non-discrimination in employment practices because of political affiliation, religion, race, color, sex, handicap, age, or national origin.

B. Non-discrimination in Client/Client Service Practices: The Contractor agrees to comply with Federal and State laws, rules, and regulations relative to non-discrimination in client and client service practices because of political affiliation, religion, race, color, sex, handicap, age, or national origin.

C. Compliance with Applicable Provisions of the Americans with Disabilities Act: The Contractor agrees to comply with all applicable provisions of the Americans with Disabilities Act (ADA) and any relevant federal and state laws, rules, and regulations regarding employment practices toward individuals with disabilities and the availability/accessibility of programs, activities, or services for clients with disabilities.

ARTICLE 10- INDEPENDENT CONTRACTOR

The relationship between DKPH and the Contractor shall be that of the owner and an independent Contractor. Nothing contained in this contract shall be construed to constitute the contractor or any of its employees, agents, or subcontractors as a partner, employee, or agent of DKPH.

ARTICLE 11 - SUBCONTRACTS

Any subcontracts or delegation of the authority herein shall be submitted to DKPH for review and approval prior to execution of the subcontract. The Contractor shall specifically identify the proposed work for subcontracting and the proposed subcontractor to complete the subcontracted work. The subcontract will be null and void if entered into without the express, written consent of

DKPH.

The Contractor specifically agrees to be responsible for the performance of any subcontractor or other duties delegated and all provisions of this Contract. The Contractor will ensure that the subcontractor both understands and abides by all pertinent provisions of this contract and all regulations applicable to the subcontractor. The Contractor agrees to reimburse DKPH for any federal, state, county or local audit disallowances arising from the subcontractor’s performance or non-performance of duties under this contract which are delegated to the subcontractor.

ARTICLE 12 - NOTICE

All notices and other communications required or permitted under this contract shall be in writing and shall be deemed given when delivered personally or five days after being sent by registered mail, postage prepaid, and addressed as follows:

DKPH: Bjay Wade Contractor: ________________________ Chief Operating Officer _____________________________ DeKalb Public Health…