RFR 251633 Metabolic Food and Formulas newest 2 29 24.docx

The Commonwealth of Massachusetts Department of public health Bureau of Family Health and Nutrition

Address: 250 Washington Street, Boston, MA 02108

Contact Name: Terri Mendoza

Telephone #: 857-289-2157

Fax #: 617-624-6179

Email: terri.mendoza@state.ma.us

Request for Response (RFR)

Document Title: Metabolic Food and Formulas

COMMBUYS BID Number: BD-24-1031-BFHN0-BFH01-98918

DPH RFR Document Number: RFR 251633

February 29, 2024

Key RFR Information All Potential Bidders must read

COMMBUYS REGISTRATION

It is the responsibility of the prospective Bidder and awarded Contractor to maintain an active registration in COMMBUYS and to keep current the email address of the Bidder’s contact person and prospective contract manager, if awarded a contract, and to monitor that email inbox for communications from the Purchasing Department, including requests for clarification. The Purchasing Department and the Commonwealth assume no responsibility if a prospective Bidder’s/awarded Contractor’s designated email address is not current, or if technical problems, including those with the prospective Bidder’s/awarded Contractor’s computer, network or internet service provider (ISP) cause email communications sent to/from the prospective Bidder/Awarded contractor and the Purchasing Department to be lost or rejected by any means including email or spam filtering. To register review the COMMBUYS Job Aide COMMBUYS Vendor Registration or go to www.COMMBUYS.com.

QUOTE SUBMISSION

This BID requires the submission of electronic quotes. All Bidders are advised to allow adequate time for submission of their quotes by considering potential online impediments like Internet traffic, Internet connection speed, file size, and file volume. DPH is not responsible for delays encountered by Bidders or their agents, or for a Bidder’s local hardware failures, such as computers or related networks, associated with bid compilation or submission. Bids submitted via COMMBUYS are time stamped by the COMMBUYS system clock which is considered the official time of record.

If you plan to submit a quote to this RFR “No Bid” should not be checked anywhere in your quote in COMMBUYS. This includes on the General Screen and the Items tab. Checking No Bid sends your quote to a different location in COMMBUYS than the rest of the quotes for that Bid and you run the risk of the Department not receiving your response. The department will not guarantee that a bid received with a “No Bid” checked will be reviewed.

Section A: Procurement Overview

A1: Procurement Scope and Description

· The Department of Public Health/Bureau of Family Health and Nutrition/Nutrition Division is looking for vendors that will provide access to special low-protein foods and metabolic formulas for infants, children and adults with a diagnosis of phenylketonuria (PKU) or other related metabolic disorders who are uninsured or underinsured. Any vendor who can meet the requirements of the procurement are eligible to apply. There is no maximum number of contracts awarded. This RFR is to set up a prequalified list of vendors for users to select from and being awarded does not guarantee products will be ordered from all awarded vendors.

The amount of money awarded per contract is based on food and/or formula orders fulfilled.

A2: Program Background Information

The Metabolic Foods and Formula Program will provide access to special modified low-protein foods and medically prescribed formulas for infants, children, and adults with phenylketonuria (PKU) and other inherited amino acid and organic acid diseases who require these products for the treatment of their conditions and who are underinsured. uninsured or have MassHealth. By law, Massachusetts-based health insurance companies are required to provide their members with PKU and other related conditions up to $5,000 per year for special foods and provide special formula up to the amount prescribed. The Metabolic Foods and Formula Program will provide the uninsured and underinsured specialized formula (for those not covered by applicable MassHealth policies) and up to $5,000 per year of specialized foods, ordered and sent directly to the consumer. Participants are registered for the program by a tertiary care hospital that operates a PKU and other related metabolic disorders clinic. Current guidelines for dietary management of clients with PKU from the National Institutes of Health (NIH) call for metabolic control via diet throughout the lifetime of the person with PKU.

Section B: Procurement Information B1: Applicable Procurement Law

Executive Branch Goods and Services

B2: Whether Single or Multiple Contractors Are Required For Contract(s)

Check One (“X”):

B3: Calendar Rule Type

B4: Acquisition Method:

B5: Use of a Procurement by a Single or Multiple Departments

· Identify additional Eligible Entities by name or type.

The Purchasing Department reserves the right to add or remove additional authorized users during the contract term.

B6: Expected Duration of Contract

month(s)

B7: Anticipated Expenditures, Funding Or Compensation For Expected Duration

Dollar Amount

Estimated annualized amount $200,000

Check One (“X”):

Will Federal Funds be used to fund any part of Contract(s)?

Unique Entity Identifier: On April 4, 2022, the unique entity identifier used across the federal government changed from the DUNS Number to the Unique Entity ID also known as UEI or SAMS number. Any entity that wants to apply for federal contracts or wants to receive federal funds must register with SAM. Entities that use SAM include for profit businesses, nonprofits, government contractors or subcontractors, as well as state and local governments.

Registering with SAM.gov is free and is required for your organization to receive federal funds. Your organization can submit an application to this RFR without being registered on SAM, however if awarded your organization will need to have an active SAM account prior to contract execution.

Unspent Funds: Any funds from Capital, Trust and/or Federal Accounts designated in the budget that are unspent in any fiscal year will not be available for expenditure in the subsequent fiscal year.

Section C: Performance and Contract Specifications

C1: Eligibility

Any manufacturer and/or distributor of low-protein foods and formula appropriate for the dietary management of individuals with PKU or other metabolic disorders which has a current license for food processing and/or distribution at wholesale as described in section C2 below.

C2: Scope of Services Examples of products currently purchased through the existing contract are low-protein alternatives for meat, poultry, dairy products, pasta, cereals and breads, in addition to special formulas appropriate for individuals with PKU and other metabolic disorders.

Bidders must follow FDA and Massachusetts Good Manufacturing Practices for Food and submit a copy of their current license for Food Processing and/or Distribution at Wholesale In Accordance with M.G.L. C.94, § 305C or other applicable statutes and/or 105 CMR 500.000 or other applicable regulations. Out-of-state bidders must adhere to the FDA regulations: 21 CFR Part 110.00: Current Good Manufacturing Practice in Manufacturing, Packing, or Holding Human Food.

Bidders must submit a current price list and/or order form with their application, and if selected as a vendor, each June 1st and with any change in prices.

Vendors must provide contact information for at least one customer service representative who DPH staff can reach out to in the event of any issues regarding orders.

A DPH staff person will place the orders via email or directly on-line on behalf of the patient.

Upon receiving orders, vendors must:

· communicate with DPH within 48 hours to confirm receipt of the order

· provide an estimated delivery date and tracking number

The items should be shipped directly to the patient within 72 hours in a manner that maintains the integrity and usefulness of the items being ordered.

Items that are damaged or were shipped incorrectly should be replaced or credited within 10 business days.

DPH should be notified immediately and before orders are shipped if:

· items are temporarily out of stock

· items are discontinued

· the order doesn’t meet the required cold shipping requirements

· prices increase Vendors should not make any substitutions without DPH’s prior approval.

Vendors will submit invoices as described later in the RFR and will be compensated accordingly.

The Department of Public Health reserves the right to add products that are continually being developed and to add the vendors of those products to best meet the health needs of clients. We also reserve the right to discontinue a product if it is found unsuitable. Additionally, the Department reserves the right to monitor changes in product and shipping costs and to discontinue ordering from a vendor should cost increases become prohibitive.

For environmental purchasing requirements, please see the “Required Procurement Language for Executive Order 515, Establishing an Environmental Purchasing Policy” section of the RFR Standard Required Information document posted at the COMMBUYS Bid Solicitation; File attachment section.

C3: Performance Requirements and Contract Monitoring

The Department of Public Health is endeavoring to deliver the best value to facilitate our needs. However, it is important to measure the contractor’s performance to ensure the contract is in compliance with what has been requested and what the contractor has offered in this RFR. The following performance areas will be subject to measurement:

1. Ability to accept orders by email and/or online

2. Timely delivery of metabolic foods and formulas

3. Timely billing and crediting

4. Sufficient and consistent invoicing procedures to meet Department requirements

5. Timely responsiveness to Departmental inquiries

6. Identification of a dedicated customer service representative to help resolve billing concerns

7. Quality of deliverables

8. Initial shipment of product within 72 hours of order.

The PMT shall negotiate with contractors any requirements not set forth in the RFR.

C4: Contract Invoicing Invoices should:

1. Be submitted per order, per patient in a timely manner

2. Be emailed to Department administrative contact; no invoices will be accepted via fax or postal mail.

3. Include the patient’s name

4. All invoices should reference the original order number, even if multiple invoices for the same order are issued

5. Include both the actual order date and the actual shipping date

Payment through Electronic Funds Transfer (EFT) is required for any contract awarded through this solicitation. If awarded a contract bidders not already enrolled will be required to sign up for EFT as a contract requirement by completing and submitting the Authorization for Electronic Funds Transfer Form to the Department. Additional information will be sent at the time of contract.

Section D: RFR Evaluation

D1: Evaluation Criteria

All proposals will be scored on the following criteria:

· Bidders will be awarded based on their ability to:

· Offer a variety of foods and/or formulas that are appropriate for the dietary management of PKU and other metabolic disorders.

· Be able to accept orders by email and/or online

· Provide detailed information about estimated date of delivery, including tracking numbers.

· Fulfill orders in a timely manner.

· Submit invoices as noted under section C4.

· Submit most current list of all low-protein products (suitable for individuals with PKU or other metabolic disorders); order forms and product numbers should match what is available on any online ordering platform.

· Include costs at fixed rate for one year at a time with description of shipping charges if not included in set rate.

Section E: Estimated Procurement Calendar

RFR Release Date February 29, 2024

Deadline for Submission of RFR Q&A.1

March 29, 2024

Terri.Mendoza@mass.gov

Deadline for Submission of Responses Also known as the BID Opening Date in COMMBUYS

**Bid open and reviewed upon receipt. In order to have a contract in place by July 1, 2024, vendors should respond to this RFR by May 1, 2024.

June 30, 2033 5pm

This is a rolling enrollment RFR. Responses will be accepted electronically through COMMBUYS for the duration of the Solicitation.

Anticipated Contract Start Date

July 1, 2024

1All Questions must be received in writing. Questions can be sent by email no later than the date and time indicated in the Procurement Calendar. All questions should be sent to the email listed in the calendar and should include the RFR title and number in the subject of the email. All Questions with answers will be posted on the COMMBUYS Attachment section for this procurement.

Section F: Instructions for Submission of Responses

F1: Bidder Response Requirements

The following items must be submitted as part of the bidder response:

Copy of current license for Food Processing and/or Distribution at Wholesale In Accordance with M.G.L. C.94, § 305C or other applicable statutes and/or 105 CMR 500.000 or other applicable regulations; If out-of-state, copy of equivalent state license

Current price list and/or order form

Description of how orders are accepted and fulfilled

Description of invoicing procedures, including how credits are applied

Description of shipping procedures

F2: Prompt Payment Discounts (PPD) All bidders responding to this procurement are strongly encouraged to participate in the Commonwealth Prompt Payment Discount (PPD) initiative for receiving early and/or on-time payments. PPD benefits both contractors and the Commonwealth. Contractors benefit by increased, usable cash flow as a result of fast and efficient payments for commodities or services rendered. Participation in the Electronic Funds Transfer initiative further maximizes the benefits with payments directed to designated accounts, thus eliminating the impact of check clearance policies and traditional mail lead time or delays. The Commonwealth benefits because contractors reduce the cost of products and services through the applied discount. Payments that are processed electronically can be tracked and verified through the Comptroller’s Vendor Web system. The PPD form can be found on the OSD Forms page and in the attachments section of COMMBUYS for this RFR.

F3: COMMBUYS Submission Instructions All responses are to be submitted electronically using the online submission tools available to Vendors registered in COMMBUYS. There is no charge to register in COMMBUYS. To Register go to www.COMMBUYS.com and click on the “Register” link on the front page. COMMBUYS Vendor Registration Job Aide is also available.

All Quotes must be received by the Department of Public Health before the specified date, month, year and time of the Bid Opening Date displayed on COMMBUYS. Times are Eastern Standard/Daylight Savings (US), as applicable.

All Bidders are advised to allow adequate time for submission by considering potential online submission impediments like Internet traffic, Internet connection speed, file size, and file volume. DPH is not responsible for delays encountered by Bidders or their agents, or for a Bidder’s local hardware failures, such as computers or related networks, associated with bid compilation or submission. Bids submitted via COMMBUYS are time stamped by the COMMBUYS system clock which is considered the official time of record.

Bidders are encouraged to upload attachments well in advance of the Bid Opening Date. This will help to reduce disqualified submissions that can occur if upload is not fully completed or if an attachment is missing at the deadline. Prior to the Bid Opening Date listed in the Procurement Calendar above, documents can easily be deleted and revised versions can be uploaded. If you wish to revise or delete a quote after submission, you may do so prior to the bid opening date. Please review the Withdraw, Reopen, and Resubmit a Quote in COMMBUYS Job Aide for additional instructions.

No Bid in COMMBUYS Quote If you plan to submit a quote to this RFR “No Bid” should not be checked anywhere in your quote in COMMBUYS. This includes on the General Screen and the Items tab. Checking No Bid sends your quote to a different location in COMMBUYS than the rest of the quotes for that Bid and you run the risk of the Department not receiving your response. The department will not guarantee that a bid received with a “No Bid” checked will be reviewed.

Electronic Signatures Quotes submitted via COMMBUYS must be signed electronically by the Bidder or the Bidder’s Agent by accepting the terms and conditions of the bid on the “Terms & Conditions” tab in COMMBUYS. Bidders do this by selecting “Save & Continue” on the “Terms and Conditions” tab after accepting the terms and conditions of the bid. By agreeing to this the submitter attests that s/he is an agent of the Bidder with authority to sign on the Bidder’s behalf, and that s/he has read and assented to each document’s terms.

File Format and Naming Conventions Scanned documents will be accepted and must be scanned in such a way that they can be read on a computer monitor and printed on 81/2” x 11” paper, unless otherwise specified. Attachments must be uploaded individually and cannot be combined in a zipped file.

DPH is requiring that all response attachments that are uploaded in COMMBUYS include the company name of the Bidder, the RFR number and the name of the document. (e.g. Company Name _ RFR Number _Doc Name).

F4: RFR Attachments

To assist bidders in identify the purpose of the attachments for this procurement; the forms posted on the COMMBUYS attachment section have a prefix according to the following chart:

F5: COMMBUYS Support A link to a job aid on How to Submit a Quote on COMMBUYS COMMBUYS Resource Information at www.mass.gov/osd/commbuys Email: Send inquiries to the COMMBUYS OSD Help Desk at OSDHelpDesk@mass.gov Telephone: Call the COMMBUYS Help Desk at 1-888-627-8283 or 617-720-3197. The Help Desk is staffed from 8:00 AM to 5:00 PM Monday through Friday Eastern Standard or Daylight time, as applicable, except on federal and state holidays.

Technical assistance is available during the procurement process. Every effort is made to respond to inquiries within one business day.

Bidders are advised that COMMBUYS will be unavailable during regularly scheduled maintenance hours of which all users will be notified.

Section G: Other Requirements Pertaining to this RFR

Additional RFR requirements can be found in the document “Additional Requirements for Non POS RFRs” found in the READ folder in the attachments section of COMMBUYS for this RFR.

Amendments to BID DPH reserves the right to make amendments to the Bid after the initial publication. It is each Bidder’s responsibility to check COMMBUYS for any amendments, addenda or modifications to this Bid. DPH and the Commonwealth accept no responsibility and will provide no accommodation to Bidders who submit a quote based on an out-of-date Bid or on information received from a source other than COMMBUYS.

Environmental Purchasing Requirements: See the “Required Procurement Language for Executive Order 515, Establishing an Environmental Purchasing Policy” section of the RFR in the Standard Required Information document posted in the attachments on COMMBUYS for this RFR.

Public Records All information, documents, and attachments submitted as a response to this RFR are considered a public document subject to the Massachusetts Public Records Law, M.G.L., c. 66, s. 10, and to c. 4, s. 7, ss. 26. Please be aware that checking the “confidential” box in COMMBUYS does not bar these documents from being released as a public record pursuant to these statutes once the procurement is awarded, unless statutorily exempt from disclosure.

Vendor Activation Requirements: To receive a contract with state a vendor must be active in The Massachusetts Management Accounting and Reporting System (MMARS). MMARS is the official accounting system of the Commonwealth and once registered a vendor will be issued a Vendor Code number or a “VC” number. This VC number is used for all contracts that a vendor has with state agencies. An organization with existing state contracts or a vendor who has had state contracts with any state agency in the past has been registered in MMARS and does not need to re-submit paperwork again unless existing information in MMARS will need to be updated. Upon notification of a contract award to this RFR, vendors not already registered in MMARS will be sent the required paperwork to be completed before a contract will be awarded which includes a W-9 form, Electronic Funds Transfer (EFT) and Contractor Authorized Signatory Listing.

Template for Standard RFRs 1-2023 image1.jpeg