Round 2 Q & A Responses

Supplier Q & A Template Round 2

Revised 02/11/11 SPD-SPR004 eRFP Number:

40500-DPH0000214

eRFP Title:

WIC INFANT FORMULA PROVIDER AND REBATE VENDOR

Requesting State Entity:

Department of Public Health

Date:

May 31, 2023

Issuing Officer: Arnaz Fanning Solicitation Initially Posted to Internet: See GPR eMail Address:

Arnaz.Fanning@dph.ga.gov

The purpose of this document is to provide answers to supplier questions. Please see Questions and Answers included herein.

Note: This document is intended for informational purposes only. Any changes to the eRFP must occur through a published addendum (or through publication of a new version of the eRFP in Team Georgia Marketplace™). If multiple Q & A documents are posted, the most recent Q & A shall govern in the event of a conflict.

QUESTIONS AND ANSWERS

# Questions Referenced RFP Section

Answers

1. 1

Should there be a change in the contracted manufacturer, please confirm the State does not anticipate any delays to the start of the contract.

1.10 Contract

Term

The State does not anticipate delays in the start of an awarded contract based on a change in contracted manufacturer.

2. 2

The E-Verify affidavit is not currently listed as a requirement on Attachment O. Please verify will only be required by the successful bidder.

Attachment B Contracting with State Entities Item 21 Question/Respo nse #33

To avoid confusion, please submit Attachment 4 of Attachment F State Contract Form. It has been added to the list of required documents.

3. 3

Please confirm the Georgia Immigration Form is Attachment 4 and is a required document.

Attachment F State Contract Form Question/Respo nse #33

Yes, please submit Attachment 4 of Attachment F State Contract Form. It has been added to the list of required documents.

4. 4

The link provided does not direct to the exact document titled Georgia Security Immigration form. Please

Georgia Teamwork’s

In lieu of the link provided, please submit Attachment 4 of Attachment F State mailto:Arnaz.Fanning@dph.ga.gov

RFP Section

Answers provide the exact link to the document or provide the document within the attachments for the bid.

Site – Event Questions

Contract Form. It has been added to the list of required documents.

5. We strongly encourage the State to extend the time limitation for disputes involving fraud as auditing investigations can take longer for these cases.

Attachment J Project Scope Section 1.1.4.14.3 Question/Respo nse #66

Language will remain the same.

6. Please share further details on the State’s policy of re-issuing benefits as this is not discussed on the Georgia WIC Program Policy NS-

210.21 Returned Formula

Nutritionals document referenced.

Attachment J Project Scope Page 19 & 20 Section 1.1.4.16.2 Question/Respo nse #73-74

Please see Attachment P- 7 CFR 246.16a(c)(7).

7. Does the State currently utilize broadband for infant formulas?

Please explain what this means and how it is executed. How can the State assure that the primary contracted formula (the formula of first issuance that will appear on the bid sheet) is used first?

1.3 General

Provisions Question/Respo nse #80

Yes, the state does currently use broadband.

"The 000 subcategory, also referred to as “broadband,” is a subcategory that when issued to the client allows them to buy items assigned to any subcategory within the category."

The state issues benefits pursuant to all applicable laws and policies.

8. The link to the recorded Bidder’s conference does not work. Please provide a working link for this conference to be accessed.

Addendum 1 The Bidder’s Conference recording has been uploaded as one of the Attachments with Addendum 3.

9. The link to the Bid Opening Registration does not work. Please provide a working link for the public bid opening.

Addendum 1 Link has also been added to Addendum 3.

https://teams.microsoft.com/registration/D aEtURsHlEuKvJ7EBE0VFg,kFLqlbd19EG xAVoQbQdxdQ,71vsK1YXMEq6JGas0ib YTA,Dfet_i8vJ0e8sYyEoA6mlg,T44FXt2 MhUSwJlDrSyH5-w,LYZUUKvaDEaeP583LKBCNQ?mode= https://teams.microsoft.com/registration/DaEtURsHlEuKvJ7EBE0VFg,kFLqlbd19EGxAVoQbQdxdQ,71vsK1YXMEq6JGas0ibYTA,Dfet_i8vJ0e8sYyEoA6mlg,T44FXt2MhUSwJlDrSyH5-w,LYZUUKvaDEaeP583LKBCNQ?mode=read&tenantId=512da10d-071b-4b94-8abc-9ec4044d1516&webinarRing=gcc https://teams.microsoft.com/registration/DaEtURsHlEuKvJ7EBE0VFg,kFLqlbd19EGxAVoQbQdxdQ,71vsK1YXMEq6JGas0ibYTA,Dfet_i8vJ0e8sYyEoA6mlg,T44FXt2MhUSwJlDrSyH5-w,LYZUUKvaDEaeP583LKBCNQ?mode=read&tenantId=512da10d-071b-4b94-8abc-9ec4044d1516&webinarRing=gcc https://teams.microsoft.com/registration/DaEtURsHlEuKvJ7EBE0VFg,kFLqlbd19EGxAVoQbQdxdQ,71vsK1YXMEq6JGas0ibYTA,Dfet_i8vJ0e8sYyEoA6mlg,T44FXt2MhUSwJlDrSyH5-w,LYZUUKvaDEaeP583LKBCNQ?mode=read&tenantId=512da10d-071b-4b94-8abc-9ec4044d1516&webinarRing=gcc https://teams.microsoft.com/registration/DaEtURsHlEuKvJ7EBE0VFg,kFLqlbd19EGxAVoQbQdxdQ,71vsK1YXMEq6JGas0ibYTA,Dfet_i8vJ0e8sYyEoA6mlg,T44FXt2MhUSwJlDrSyH5-w,LYZUUKvaDEaeP583LKBCNQ?mode=read&tenantId=512da10d-071b-4b94-8abc-9ec4044d1516&webinarRing=gcc https://teams.microsoft.com/registration/DaEtURsHlEuKvJ7EBE0VFg,kFLqlbd19EGxAVoQbQdxdQ,71vsK1YXMEq6JGas0ibYTA,Dfet_i8vJ0e8sYyEoA6mlg,T44FXt2MhUSwJlDrSyH5-w,LYZUUKvaDEaeP583LKBCNQ?mode=read&tenantId=512da10d-071b-4b94-8abc-9ec4044d1516&webinarRing=gcc https://teams.microsoft.com/registration/DaEtURsHlEuKvJ7EBE0VFg,kFLqlbd19EGxAVoQbQdxdQ,71vsK1YXMEq6JGas0ibYTA,Dfet_i8vJ0e8sYyEoA6mlg,T44FXt2MhUSwJlDrSyH5-w,LYZUUKvaDEaeP583LKBCNQ?mode=read&tenantId=512da10d-071b-4b94-8abc-9ec4044d1516&webinarRing=gcc

RFP Section

Answers read&tenantId=512da10d-071b-4b94- 8abc-9ec4044d1516&webinarRing=gcc

10. We urge the State to read the entirety of the bid sheet to comply with federal laws for public bids openings and proposals to be read aloud.

RFQ

Section 2.1

The following items will be read aloud during the Public Bid Opening:

1. Physical Form – Powered, Liquid Concentrate, and Ready-to-Feed.

2. Product Name

3. UPC Code

4. Reconstituted Ounce per Unit

5. Lowest Wholesale Full Truckload

Price per Unit

6. Rebate Bid per Unit

7. Net Price per Unit

8. Percent Rebate

9. Total Monthly Reconstituted

Ounce to Bid

10. Standardized Number of Units of

Infant Formula

11. Total Cost

11. We urge the State to use a methodology that applies the same percent discount as the contract item bid by form.

Project Scope (General)

The state utilizes percent discount where applicable.

12. Under 7 CFR 246.2, the definition for “Primary Contract Brand” is documented specifically as follows:

“Primary contract infant formula means the specific infant formula for which manufacturers submit a bid to a State agency in response to a rebate solicitation and for which a contract is awarded by the State agency as a result of that bid.”

The definition under hh in Section

1.9 of the RFQ states:

“Primary Contract Brand Infant Formula – is all infant formulas (except exempt infant formula)

Attachment A

RFQ

Section 1.9 Item hh

Continued clarification to Question 21 from Round 1

Language will remain the same.

https://teams.microsoft.com/registration/DaEtURsHlEuKvJ7EBE0VFg,kFLqlbd19EGxAVoQbQdxdQ,71vsK1YXMEq6JGas0ibYTA,Dfet_i8vJ0e8sYyEoA6mlg,T44FXt2MhUSwJlDrSyH5-w,LYZUUKvaDEaeP583LKBCNQ?mode=read&tenantId=512da10d-071b-4b94-8abc-9ec4044d1516&webinarRing=gcc https://teams.microsoft.com/registration/DaEtURsHlEuKvJ7EBE0VFg,kFLqlbd19EGxAVoQbQdxdQ,71vsK1YXMEq6JGas0ibYTA,Dfet_i8vJ0e8sYyEoA6mlg,T44FXt2MhUSwJlDrSyH5-w,LYZUUKvaDEaeP583LKBCNQ?mode=read&tenantId=512da10d-071b-4b94-8abc-9ec4044d1516&webinarRing=gcc

RFP Section

Answers produced by the manufacturer awarded the infant formula cost containment rebate contract and approved by the Georgia Department of Public Health…”

Please revise the definition to align with the definition for Primary Contract Infant formula provided in the Federal Regulations.

13. Please describe how a protest to a solicitation is documented in the Georgia Procurement Registry. Is the protest posted under the original open Event ID, or will the Event Status change when there is an open protest?

Attachment A

RFQ

Section 2.1.9

Clarity to question 91 from Round 1

DPH will post a copy of the protest to the Georgia Procurement Registry under the original Event ID and the Event Status will remain open if a protest is received timely prior to the event closing date and time.

Suppliers should familiarize themselves with the protest process as set forth in the Georgia Procurement Manual https://pur.doas.ga.gov/gpm/MyWebHelp/ GPM_Main_File.htm .

14. The initial answer to this question is confusing. It is understood that the submitted price list is binding.

However, it was asked if a price list will be sufficient to provide all requested product specs (model, series number, descriptive data, etc) that is now listed as a requirement under section 4.1 (page 18) of the

RFQ.

If anything beyond a price list is needed to review information for the submitted contract formula, please describe the desired format for submission, and add these

Attachment A

RFQ

Section 4.1

Clarity to Response for Question 26 in Round 1

The Supplier must supply their Nationally Published Price List that will be effective on the day of the bid opening for each type and form of Infant Formula in supplier’s product line.

https://pur.doas.ga.gov/gpm/MyWebHelp/GPM_Main_File.htm https://pur.doas.ga.gov/gpm/MyWebHelp/GPM_Main_File.htm

RFP Section

Answers necessary requirements to Attachment O, the Checklist of Required Documents

15. Item 12 in this section indicates that a bidder must submit their national published price list effective the day of the bid opening. However, a price list is not mentioned in Attachment O, The Checklist of Required Documents. Please advise if a price list is required for a complete bid submission.

Attachment A

RFQ

Section 5.1

The Supplier must supply their Nationally Published Price List that will be effective on the day of the bid opening for each type and form of Infant Formula in supplier’s product line.

16. The way this paragraph is worded suggests that the awarded contractor must allow issuance of, and pay rebates on any available size, type or form of any contract and/or non-contract formula that is authorized by the FDA.

However, Federal Regulations state that the first choice of issuance must be the contract formula.

Please confirm that the awarded contractor will only be required to pay rebates on the contract formula and/or otherwise approved contract brands unless a supply shortage or other extenuating circumstance inhibits participant access to these formulas.

Attachment J Project Scope Section 1.1.2.2.1

Clarity to Question 46 from Round 1

DPH confirms this.

17. This section currently reads:

“Recalculate the rebate amount for a Contract milk and/or soy-based infant formula (excluding Exempt Infant Formula) who unit size changed to yield the same net cost per reconstituted ounce…”

Attachment J Project Scope Section 1.1.4.3.12

Clarity to Question 53 from Round 1

Language will remain the same.

RFP Section

Answers

Please revise this section to read:

“Recalculate the rebate amount for a Contract milk and/or soy-based infant formula (excluding Exempt Infant Formula) who unit size changed to yield the same percent discount…”

18. This section currently reads:

“If a new infant formula is introduced to take the place of the primary contract brand infant formula, the Contractor must pay a rebate that yields the same net cost per ounce as the original primary contract brand infant formula.”

Please revise this section to read:

“If a new infant formula is introduced to take the place of the primary contract brand infant formula, the Contractor must pay a rebate that yields the same percent discount as the original primary contract brand infant formula.”

Section 1.1.4.3.24

Clarity to Question 59

19. This section currently reads:

“If the Contractor discontinues production of the primary contract brand infant formula, the Contractor must provide a rebate that yields the same net cost per ounce for the replacement primary contract brand infant formula.”

Please revise this section to read:

Section 1.1.4.3.25

Clarity to Question 60

RFP Section

Answers

“If the Contractor discontinues production of the primary contract brand infant formula, the Contractor must provide a rebate that yields the same percent discount for the replacement primary contract brand infant formula.”

20. This section currently reads:

“In the event the Contractor cannot provide the contract brand infant formula in any physical form, a rebate must be paid on a non-contract infant formula that yields the same net cost per ounce as the formula it is replacing.”

Please revise this section to read:

“In the event the Contractor cannot provide the contract brand infant formula in any physical form, a rebate must be paid on a non-contract infant formula that yields the same percent discount as the formula it is replacing.”

Attachment J Project Scope Section 1.1.4.3.26

Clarity to Question 61, part b from Round 1

21. Every other state the contractor has requested pseudo Participant ID information from in order to validate issuance quantities has found that this does not violate confidentiality rules under federal regulations.

Please explain why Georgia WIC is not able to provide information that every other state is able to. The contractor would not be able to personally identify a participant based solely on a pseudo participant

ID.

Attachment J Project Scope Section 1.1.4.6.3

Clarity to Question 63 from Round 1

Bidder's position is inconsistent with 7 CFR 246.26(e) and USDA guidance.

Specifically, as further detailed in WIC Policy Memorandum No. 2021-6 related to data requests from infant formula manufacturers, "WIC state agencies must not disclose confidential applicant, participant, or vendor information to infant formula manufacturers. This includes questions related to vendor identification numbers (“Vendor IDs”) and participant identification numbers (“participant IDs”), as well as “pseudo” and partial vendor or participant IDs." The above referenced memorandum is available at

RFP Section

Answers https://www.fns.usda.gov/wic/policy-memorandum-2021-6

22. This Section currently reads:

“Recalculate the rebate amount for a replacement primary milk and/or soy-based Contract infant formula (excluding Exempt Infant Formula) due to product discontinuation to yield the same net cost per reconstituted ounce as was applied to the original formula.”

Please revise this section to read:

“Recalculate the rebate amount for a replacement primary milk and/or soy-based Contract infant formula (excluding Exempt Infant Formula) due to product discontinuation to yield the same percent discount as was applied to the original formula.”

Attachment J Project Scope Section 1.1.4.7.3

Clarity to question 64 from Round 1

Language will remain the same.

23. Please reference the hypothetical example as it was posed in question 122 from the first round of questions:

Example: Mom is issued 9 cans of Enfamil Infant powder and redeems all 9 cans. Mom returns 7 cans to the clinic and is issued a new benefit for 7 cans of Enfamil Gentlease powder.

Is the State seeking rebates on 9 cans or 16 cans today?

Please confirm in this example the State would only submit an invoice for 9 cans of formula (as 16 cans would exceed the monthly federal maximum)

Attachment J Project Scope Section 1.1.4.14.1

Clarity to Question 122 from Round 1

If awarded a contract, the Contractor shall supply infant formula and provide a rebate to the Georgia Department of Public Health’s (“DPH”) Special Supplemental Nutrition Program for Women, Infants and Children (hereinafter “The Georgia WIC Program”) on all physical forms of infant formulas, including any new infant formulas in its product line that the State chooses to issue, but not including exempt infant formulas.

24. Please clarify that incumbent contract discount will only be applied

Attachment J Project Scope

DPH confirms that participants will continue to receive benefits on a three-https://www.fns.usda.gov/wic/policy-memorandum-2021-6 https://www.fns.usda.gov/wic/policy-memorandum-2021-6

RFP Section

Answers to the months of October, November and December 2028 for benefits that were redeemed with a first date of use falling on or before October 28, 2028 (the previous contract term).

Section 1.1.4.14.13

Clarity to question 68 from Round 1 month issuance cycle. For purposes of the current contract which ends on October 28, 2023, participants receiving benefits with the first date of use falling on or before October 28, 2023, will be issued one month of benefits from the current contractor’s formula. Benefits issued with a first date of use after the contract end date will be for the awarded contract holder’s formula. DPH intends to follow a similar approach for the final month of the awarded contract.

25. This section currently reads:

“If implementation of any of the alternative infant formulas are required due to Shortages, the Contractor will be responsible for providing a rebate on the alternative infant formula that yields the same net cost per can (net wholesale cost per reconstituted ounce of formula if change in can size).”

Please revise this section to read:

“If implementation of any of the alternative infant formulas are required due to Shortages, the Contractor will be responsible for providing a rebate on the alternative infant formula that yields the same percent discount as the contract item bid.”

Attachment J Project Scope Section 1.1.4.15.7

Clarity to question 71

26. Because this is an infant formula rebate contract and federal law requires that it be awarded to the vendor offering the lowest net cost to the State, please confirm that, in accordance with governing Federal

Clarity to question 100 from Round 1

Suppliers should see Section 4.6 Selection and Award of Attachment A.

This outlines the award criteria for this solicitation.

RFP Section

Answers law, this bid will be awarded based solely on the lowest net cost to the State as defined in the Federal WIC regulations and that no preferences will be applicable for purposes of evaluation.

If not confirmed, please explain how the application of this preference complies with governing federal law.