S-44000-00001751_Prescription Drug Pricing RFP.pdf

RFP S-44000-00001751– Prescription Drug Pricing Information

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STATE OF OREGON

COVER PAGE

Department of Consumer and Business Services, Division of Financial Regulation

Is issuing this Request For Proposals (RFP) under OregonBuys Bid Number S-44000-00001751 for

PRESCRIPTION DRUG PRICING INFORMATION

Date of Issue: March 15 2022

Opening Date and Time: April 14, 2022 @ 2:00 pm

Single Point of Contact (SPC): Margarita Nuñez, Procurement Specialist

Address: 350 Winter St. NE City, State, Zip Salem, OR 97301 Phone (voice) 971-375-7760 E-mail: margarita.f.nunez@dcbs.oregon.gov

The State of Oregon promotes equal opportunity for all individuals without regard to age, color, disability, marital status, national origin, race, religion or creed, sex or gender, sexual orientation, or veteran status.

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TABLE OF CONTENTS

SECTION 1: GENERAL INFORMATION

1.1 INTRODUCTION

1.2 SCHEDULE

1.3 SINGLE POINT OF CONTACT (SPC)

SECTION 2: AUTHORITY

2.1 AUTHORITY AND METHOD

2.2 DEFINITION OF TERMS

2.3 OVERVIEW AND PURPOSE

2.4 SCOPE OF WORK/SPECIFICATIONS

SECTION 3: PROCUREMENT REQUIREMENTS

3.1 MINIMUM QUALIFICATIONS

3.2 MINIMUM SUBMISSION REQUIREMENTS

3.3 PROPOSAL REQUIREMENTS

SECTION 4: SOLICITATION PROCESS

4.1 PUBLIC NOTICE

4.2 PRE-PROPOSAL CONFERENCE

4.3 QUESTIONS / REQUESTS FOR CLARIFICATIONS

4.4 SOLICITATION PROTESTS

4.5 PROPOSAL DELIVERY OPTIONS

4.6 PROPOSAL MODIFICATION OR WITHDRAWAL

4.7 PROPOSAL DUE

4.8 PUBLIC OPENING

4.9 PROPOSAL REJECTION

4.10 EVALUATION PROCESS

4.11 POINT AND SCORE CALCULATIONS

4.12 RANKING OF PROPOSERS

4.13 NEXT STEP DETERMINATION

4.14 ADDITIONAL ROUNDS

SECTION 5: AWARD AND NEGOTIATION

5.1 AWARD NOTIFICATION PROCESS

5.2 INTENT TO AWARD PROTEST

5.3 APPARENT SUCCESSFUL PROPOSER SUBMISSION REQUIREMENTS

5.4 CONTRACT NEGOTIATION

SECTION 6: ADDITIONAL INFORMATION

6.1 CERTIFIED FIRM PARTICIPATION

6.2 GOVERNING LAWS AND REGULATIONS

6.3 OWNERSHIP/PERMISSION TO USE MATERIALS

6.4 CANCELLATION OF RFP; REJECTION OF PROPOSAL; NO DAMAGES

6.5 COST OF SUBMITTING A PROPOSAL

6.6 STATEWIDE E-WASTE/RECOVERY PROCEDURE

6.7 RECYCLABLE PRODUCTS

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LIST OF ATTACHMENTS

ATTACHMENT A SAMPLE CONTRACT

ATTACHMENT B DISCLOSURE EXEMPTION AFFIDAVIT

ATTACHMENT C PROPOSER INFORMATION AND CERTIFICATION SHEET

ATTACHMENT D REFERENCE CHECK FORM

ATTACHMENT E CERTIFIED DISADVANTAGED BUSINESS OUTREACH PLAN

ATTACHMENT F RESPONSIBILITY INQUIRY

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SECTION 1: GENERAL INFORMATION

1.1 INTRODUCTION

The State of Oregon, acting by and through the Department of Consumer and Business Services, Division of Financial Regulation, (“Agency”), is issuing this Request for Proposal for data sets containing wholesale acquisition cost data by National Drug Code for all prescription drugs that come to market in the United States and other types of drug pricing information. The Agency requires regular delivery of this prescription drug information.

This data will be used in complying with, enforcing, and administering 2018 House Bill 4005, 2019 House Bill 2658 and 2021 Senate Bill 844, enabling compliance and enforcement of the statutory requirements of Oregon’s Drug Price Transparency Program and providing information for Oregon’s Prescription Drug Affordability Board.

Agency anticipates the award of one Contract from this RFP. The initial term of the Contract is anticipated to be 2 years with options to renew up to a cumulative maximum of 10 years.

1.2 SCHEDULE

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

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

Event Date Time

Pre-Proposal Conference N/A

Questions / Requests for Clarification Due March 25, 2022 3:00 PM

Answers to Questions / Requests for Clarification Issued (approx.) March 29, 2022 @ 3:00 PM

RFP Protest Period Ends

7 calendar days prior to RFP Closing

Closing (Proposal Due) See RFP cover page

Opening of Proposal April 15, 2022 1:00 PM

Presentations, Demonstrations, or Interviews N/A

Issuance of Notice of Intent to Award (approx.) April 22, 2022

Award Protest Period Ends 7 calendar days after Notice of Intent to Award

1.3 SINGLE POINT OF CONTACT (SPC)

The SPC for this RFP is identified on the Cover Page, along with the SPC’s contact information.

Proposer shall direct all communications related to any provision of the RFP only to the SPC, whether about the technical requirements of the RFP, contractual requirements, the RFP process, or any other provision.

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SECTION 2: AUTHORITY

2.1 AUTHORITY AND METHOD

Agency is issuing this RFP pursuant to its authority under ORS 279A.050. Agency has authority under ORS 741.216(1) to solicit and contract for these Services.

Agency is using the Competitive Sealed Proposal method, pursuant to ORS 279B.060 and OAR 137- 047-0260. Agency may use a combination of the methods for Competitive Sealed Proposals, including optional procedures: a) Competitive Range; b) Discussions and Revised Proposals; c) Revised Rounds of Negotiations; d) Negotiations; e) Best and Final Offers; and f) Multistep Sealed Proposals.

2.2 DEFINITION OF TERMS

For the purposes of this RFP, capitalized words are defined in OAR 137-046-110 or as defined below.

“Board” refers to the Oregon Prescription Drug Affordability Board, created by 2021 Senate Bill 844.

“Program” refers to the Oregon Drug Price Transparency Program, created by 2018 House Bill 4005.

“WAC” refers to the wholesale acquisition cost of a drug, as the term is defined in 42 U.S.C.

1395w-3a(c)(6)(B).

2.3 OVERVIEW AND PURPOSE

2.3.1 Agency Overview and Background

Agency is Oregon’s largest consumer protection agency. The Department of Consumer and Business Services administers state laws and rules and protects consumers and workers in the areas of workers’ compensation, occupational safety and health, financial services, insurance, and building codes.

The Division of Financial Regulation oversees the financial and insurance industries in Oregon. It regulates insurance, depository institutions, trust companies, securities and consumer financial products and services (e.g., mortgage lending, small dollar loans, collection agencies). The division protects Oregonian’s access to fair products and services through education, regulation and consumer assistance.

The Oregon Drug Price Transparency Program and Oregon Prescription Drug Affordability Board are part of the Agency.

2.3.2 Project Overview and Background

The Oregon Drug Price Transparency Program was created by 2018 House Bill 4005. House Bill 4005 directs the Agency to collect a variety of information related to prescription drug pricing from prescription drug manufacturers, health insurers, and consumers. House Bill 2658 (2019) added more reporting requirements for pharmaceutical manufacturers.

https://olis.oregonlegislature.gov/liz/2019R1/Measures/Overview/HB2658 https://olis.oregonlegislature.gov/liz/2019R1/Measures/Overview/HB2658

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Prescription drug manufacturers are required to provide three types of reports to the Program:

(1) High cost new drugs: manufacturers are required to submit a report to the Program within 30 days of the market introduction of a new prescription drug with a WAC price of $670 or more for a course of treatment lasting 30 days or less.

(2) Annual price increases: manufacturers are required to submit a report to the Program by March 15th of each year for every drug with a net yearly increase in WAC of 10% or more, and a WAC price of $100 or more for a course of treatment lasting 30 days or less.

(3) 60-day price increases: manufacturers are required to submit a report to the Program at least 60-days before a planned price increase that exceeds the threshold which depends on whether the drug is brand-name or generic. A report is required for a brand-name drug if the price increase is 10 percent or more OR $10,000 or more. A report is required for a generic drug if the price increase is 25 percent or more AND the increase is also $300 or more.

The Oregon Prescription Drug Affordability Board was created by 2021 Senate Bill 844. Senate Bill 844 establishes the creation of the Board as part of the Agency. The Agency provides an executive director to oversee both the Program and the Board and their staff.

2.3.3 Purpose

The purpose of this RFP is to solicit responses from companies experienced in providing prescription drug information and price data to health care industry, academic, and government stakeholders that can provide data sets containing wholesale acquisition cost data for prescription drugs.

In order to enforce the requirements of 2018 HB 4005, 2019 HB 2658, and 2021 SB 844, the Agency needs access to data about prescription drugs by National Drug Code (NDC) including current and historical WAC prices. The Program will use this data to confirm the accuracy of information submitted by manufacturers, and to identify manufacturers who have failed to report when required. This is necessary to pursue effective implementation of the Program and the goals of the legislature in creating it.

The Board will use this data to select prescription drugs and analyze their cost-effectiveness for legislative recommendations to make prescription drugs more affordable.

2.4 SCOPE OF WORK/SPECIFICATIONS

Agency requires regular delivery of prescription drug data sets that will be used to support Oregon’s Drug Price Transparency Program and the Oregon Prescription Drug Affordability Board. These data sets must include wholesale acquisition cost data by National Drug Code for all prescription drugs that come to market in the United States in addition to any other types of drug pricing information as outlined below.

Certain data elements may be used publicly to help filter data received through prescription drug reports (i.e. sorting reports by therapeutic class).

See Exhibit A, Statement of Work to Attachment A, Sample Contract for additional Specifications.

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SECTION 3: PROCUREMENT REQUIREMENTS

3.1 MINIMUM QUALIFICATIONS

To be considered for evaluation, Proposal must demonstrate how Proposer meets all requirements of this section:

3.1.1 Minimum Proposer Requirements:

Companies are required to have a minimum of 5 years of experience providing prescription drug price data to health care industry, academic, and government stakeholders.

3.2 MINIMUM SUBMISSION REQUIREMENTS

3.2.1 Proposal Submissions

To be considered for evaluation, Proposal must contain each of the following elements (further detailed in Proposal Requirements section below):

• Executive Summary

• Experience and Qualifications

• Technical Proposal

• Disclosure Exemption Affidavit (Attachment B) – submit 1 copy only if requesting exemption

• Proposer Information and Certification Sheet (Attachment C)

• Reference Check Form (Attachment D)

• Price Proposal

• COBID Certification / Outreach Plan (Attachment E) - submit 1 copy only

3.2.2 Proposal Page Limits

There is no limit on the number of Proposal pages.

3.2.3 Proposal Format and Quantity

Proposal should follow the format and reference the sections listed in the Proposal Requirements section. Responses to each section and subsection should be labeled to indicate the item being addressed. Price information must be submitted as a separate electronic file.

Proposals must be submitted electronically through OregonBuys. Proposer should follow the procedures outlined in Section 4.5 Proposal Delivery Option for electronic submission.

Proposer shall submit an electronic copy of the Proposal, bearing the signature of Proposer’s authorized representative. The Proposer Information and Certification Sheet (Attachment C) must also bear the signature of the Proposer’s authorized representative.

The Proposal should be in one of the following formats: Adobe Acrobat (pdf), Microsoft Word (docx), or Microsoft Excel (xlsx). The total combined file size of all documents should

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If Proposer believes any of its Proposal is exempt from disclosure under Oregon Public Records Law (ORS 192.410 through 192.505), Proposer shall submit a fully redacted version of its Proposal, clearly identified as the redacted version.

3.2.4 Authorized Representative

Failure of the authorized representative to sign the Proposal may subject the Proposal to rejection by Agency.

3.3 PROPOSAL REQUIREMENTS

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

Proposal should not include extensive artwork, unusual printing or other materials not essential to the utility and clarity of the Proposal. Do not include marketing or advertising material in the Proposal, unless requested. Proposal should be straightforward and address the requests of the RFP. Proposal containing unsolicited marketing or advertising material may receive a lower evaluation score if specific information is difficult to locate.

3.3.1 Proposer Information and Certification Sheet (Mandatory but Not Scored)

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

Failure to demonstrate compliance with Oregon Tax Laws and sign the Proposer Information and Certification Sheet may result in a finding of non-Responsibility.

3.3.2 Executive Summary (Mandatory but Not Scored)

Proposals must include an executive summary, no more than two (2) pages, that condenses and highlights the contents of the Proposal, including an overview of the Proposer’s understanding of the contents of the RFP, and a description of how the Proposer generally intends to meet the RFP requirements.

3.3.3 Experience and Qualifications (Mandatory and Scored)

Proposer shall describe in detail Proposer’s experience in providing prescription drug price data to health care industry, academic, and government stakeholders, including providing data sets containing wholesale acquisition cost data for prescription drugs. Proposer must have at least 5 years experience providing the Services.

3.3.4 Technical Proposal (Mandatory and Scored)

Proposer shall describe how the Proposer will carry out the activities in the Scope of Work and Statement of Work in Attachment A. Provide a comprehensive plan that the Proposer intends to follow. Illustrate how the plan will serve to coordinate

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3.3.5 References (Mandatory and Scored)

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

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

Proposer shall submit reference names and contact information. Agency will make three attempts to contact each of the references provided by the Proposer. If these attempts are unsuccessful, the Proposer will receive a score of zero for that reference.

3.3.6 Price Proposal (Mandatory and Scored)

Submit one detailed Price Proposal electronically to OregonBuys in a document separate from the executive summary, experience and qualifications, and technical proposals. Price Proposal should include the monthly and annual price for the requested services. Price should be inclusive of all related costs necessary to perform the requested services. Price score will be based on the lowest total cost for 12 months of service. Price Proposal may include optional services, including additional data available. Any optional prices will not be included in the total cost comparison for award purposes.

SECTION 4: SOLICITATION PROCESS

4.1 PUBLIC NOTICE

The RFP and attachments are published in the OregonBuys at: OregonBuys.gov. RFP documents will not be mailed to prospective Proposers.

Modifications, if any, to this RFP will be made by written Addenda published in OregonBuys.

Prospective Proposer is solely responsible for checking OregonBuys to determine whether or not any Addenda have been issued. Addenda are incorporated into the RFP by this reference.

4.2 PRE-PROPOSAL CONFERENCE

A Pre-Proposal conference will not be held for this RFP.

4.3 QUESTIONS / REQUESTS FOR CLARIFICATIONS

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

• Be delivered to the SPC via email;

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• Reference the RFP number;

• Identify Proposer’s name and contact information;

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

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

4.4 SOLICITATION PROTESTS

4.4.1 Protests to RFP

Prospective Proposer may submit a Written protest of anything contained in this RFP, including but not limited to, the RFP process, Specifications, Scope of Work, and the proposed Sample Contract. This is prospective Proposer’s only opportunity to protest the provisions of the RFP, except that Proposer may protest Addenda as provided below and Proposer may take exception to the terms and conditions of the Sample Contract marked as negotiable as set forth in the Negotiations Section.

4.4.2 Protests to Addenda

Prospective Proposer may submit a Written protest of anything contained in the respective Addendum. Protests to Addenda, if issued, must be submitted by 5 p.m. Pacific Time of the second Business Day or the date/time specified in the respective Addendum, or they will not be considered. Protests of matters not added or modified by the respective Addendum will not be considered.

4.4.3 All Protests must:

• Be delivered to the SPC via email;

• Reference the RFP number;

• Identify prospective Proposer’s name and contact information;

• Be sent by an authorized representative;

• State the reason for the protest, including:

o the grounds that demonstrate how the Procurement Process is contrary to law, Unnecessarily Restrictive, legally flawed, or improperly specifies a brand name;

and o evidence or documentation that supports the grounds on which the protest is based

• State the proposed changes to the RFP provisions or other relief sought;

• Protests to the RFP must be received by the due date and time identified in the Schedule;

and

• Protests to Addenda must be received by the due date identified in the respective

Addendum.

4.5 PROPOSAL DELIVERY OPTIONS

Proposer is solely responsible for ensuring its Proposal is received by the SPC in accordance with the RFP requirements before Closing. Agency is not responsible for any delays in mail or by

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Delivery through OregonBuys

Proposal submission should be electronically through OregonBuys at: OregonBuys.gov

Detailed instructions on how to submit a Proposal can be found at OregonBuys Vendor Formal Solicitation Response.pdf

4.6 PROPOSAL MODIFICATION OR WITHDRAWAL

If a Proposer wishes to make modifications to a submitted Proposal it must submit its modification in one of the authorized methods listed in the Proposal Delivery Options section.

To be effective the notice must include the RFP number and be submitted to the SPC prior to Closing.

If a Proposer wishes to withdraw a submitted Proposal, it must submit a Written notice signed by an authorized representative of its intent to withdraw to the SPC via email prior to closing in accordance with OAR 137-047-0440. To be effective the notice must include the RFP number.

4.7 PROPOSAL DUE

A Proposal (including all required submittal items) must be received by the SPC on or before Closing. All Proposal modifications or withdrawals must be received prior to Closing.

A Proposal received after Closing is considered LATE and will NOT be accepted for evaluation. A late Proposal will be returned to the Proposer or destroyed.

4.8 PUBLIC OPENING

A public Opening will be held on the date and time listed in the Schedule and at the location stated on the Cover Page. Only the name of the Proposer will be read at the Opening, no other information will be made available at that time. Proposals received will not be available for inspection until after the evaluation process has been completed and the notice of Intent to Award is issued pursuant to OAR 137-047-0610.

4.9 PROPOSAL REJECTION

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

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

• Proposer has liquidated and delinquent debt owed to the State or any department or agency of the State.

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

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

https://www.oregon.gov/das/ORBuys/Documents/OregonBuys%20Vendor%20Formal%20Solicitation%20Response.pdf https://www.oregon.gov/das/ORBuys/Documents/OregonBuys%20Vendor%20Formal%20Solicitation%20Response.pdf

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

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

4.10 EVALUATION PROCESS

4.10.1 Responsiveness and Responsibility determination

4.10.1.1 Responsiveness determination

A Proposal received prior to Closing will be reviewed to determine if it is Responsive to all RFP requirements including compliance with Minimum Qualifications section and Minimum Submission Requirements section. If the Proposal is unclear, the SPC may request clarification from Proposer. However, clarifications may not be used to rehabilitate a non-Responsive proposal. If the SPC finds the Proposal non-Responsive, the Proposal may be rejected, however, Agency may waive mistakes in accordance with

OAR 137-047-0470.

4.10.1.2 Responsibility determination

Agency will determine if an apparent successful Proposer is Responsible prior to award and execution of the Contract. Selected Proposer(s) shall submit a signed Responsibility Inquiry form (Attachment F) within 5 Business Days of receipt of Intent to Award notice.

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

4.10.2 Evaluation Criteria

Each Proposal meeting all Responsiveness requirements will be independently evaluated by members of an Evaluation Committee. Evaluation Committee members may change and Agency may have additional or fewer evaluators for optional rounds of competition.

Evaluators will assign a rating as listed below in the evaluation rating scale for each evaluation criterion. The SPC will average the scores for each criterion and use the rating value as a multiplier of the points, e.g. 10 = 10%, 50 = 50%.

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

Evaluation Rating Scale for each evaluation criteria

Relative Score Scale EXPLANATION

81-100%

OUTSTANDING - Response meets all the requirements and has demonstrated in a clear and concise manner a thorough knowledge and understanding of the subject matter and project.

The Proposer provides insight into its expertise, knowledge, and understanding of the subject matter.

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61 – 80%

VERY GOOD – Response provides useful information, while showing experience and knowledge within the category.

Response demonstrates above average knowledge and ability with no apparent deficiencies noted.

41-60%

ADEQUATE – Response meets all requirements in an adequate manner. Response demonstrates an ability to comply with guidelines, parameters, and requirements with no additional information put forth by the Proposer.

21 – 40% FAIR – Proposer meets minimum requirements, but does not demonstrate sufficient knowledge of the subject matter.

0-20% RESPONSE OF NO VALUE – An unacceptable response that does not meet the requirements set forth in the RFP. Proposer has not demonstrated knowledge of the subject matter.

4.10.2.1 Experience and Qualifications (75 points possible)

How well does Proposer’s proposal demonstrate Proposer has the experience and qualifications to provide the Services described in this RFP?

4.10.2.2 Technical Proposal – Drug Price Information Database (300 points possible)

How well does Proposer’s Proposal demonstrate that Proposer’s drug price database:

• Will be delivered as outlined in Section B.1 of Exhibit A, Statement of Work to Attachment A, Sample Contract, or in an equivalent manner?

• Include all prescriptions drugs dispensed in outpatient and inpatient clinical settings?

• Provide the necessary information to support analysis including but not limited to:

o identify all of an NDC’s current and historical WAC prices (and their effective dates)?

o identify basic properties of a given NDC? (manufacturer name, trade name, generic name, packaging, quantity, dosage, etc.)

o identify whether an NDC is a brand or generic product?

o understand how a given NDC fits into a drug classification hierarchy?

o explore a drug classification hierarchy to find similar drugs?

o identify a drug’s therapeutic class? (e.g. by searching the database using the drug’s

DAS Procurement Services, Version 4.4 July 1, 2021 Page 14 of 22 trade name, generic name, or a representative NDC) o determine the market entry date and initial WAC price of a given NDC?

o identify the drug’s application indicators (NDA, ANDA, BLA)?

o identify whether an NDC has changed, and what the corresponding NDC was on a given date in the past?

• Provide the supplementary data elements in Section B.2.b.ii of Exhibit A, Statement of Work to Attachment A, Sample Contract?

4.10.2.3 Technical Proposal – Training & Support for Agency Users (75 Points Possible)

How well does the Proposer’s Proposal demonstrate that Proposer will provide the Agency with technical support, including but not limited to:

• User guides, reference materials, product documentation, and instructional literature?

• Access to free technical assistance via a telephone hotline and by email?

• If applicable, a password-protected user account for any associated web-based services with administrative support?

• Optional training that the Agency can choose for interactive online training of staff?

4.10.2.4 References (25 points possible)

Proposer shall provide References that can describe Proposer’s performance in response to the questions listed below.

Proposer shall submit reference names and contact information (Attachment D). Agency will make three attempts to contact each reference provided by the Proposer. If these attempts are unsuccessful, the Proposer will receive a score of zero for that reference.

The evaluation committee will rate the Proposer in the following five (5) questions listed below on a scale of zero (0) to five (5), with five (5) being the highest. The points awarded will be the average of the three reference scores.

• Describe your experience with Proposer’s completion or delivery of services on schedule.

• Describe your experience with Proposer’s accuracy of similar work performed.

• Describe your experience with Proposer’s specifications and contractual obligations.

• Describe your experience with Proposer’s clarity of work product and communications.

• How likely would you be to use Proposer’s services again? Please explain.

4.10.2.5 Price Evaluation (25 points possible)

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The SPC will conduct the price evaluation. The price evaluated will be based on 12 months of service, excluding any proposed optional services. The SPC will award a price score to each Price Proposal based upon the percentage of the proposed price as compared to the lowest Proposer’s price using the following formula:

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

4.10.3 PREFERENCES

4.10.3.1 Oregon Supplies and Services

Agency prefers Oregon goods and services, and for evaluation purposes, per ORS 279A.128, Agency shall subtract 10% from the price for any Proposer proposing all Goods fabricated or processed or all Services performed entirely in Oregon before calculating the price score.

4.10.3.2 Reciprocal Preference

For evaluation purposes per OAR 137-046-0310, Agency shall add a percent increase to each out-of-state Proposer's Proposal price that is equal to the percent preference, if any, given to a Resident Proposer in the Proposer's state.

4.10.3.3 Recycled Materials

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

4.10.3.4 Tiebreaker

Oregon Supplies: If Agency receives Proposals identical in price, fitness, availability and quality and chooses to award a Contract, Agency shall award the Contract in accordance with the procedures outlined in OAR 137-046-0300.

4.11 POINT AND SCORE CALCULATIONS

TOTAL POINTS POSSIBLE : 500

EXPERIENCE AND TECHNICAL POINTS POSSIBLE 450

4.10.2.1 Experience and Qualifications 75

https://www.naspo.org/research-innovation/state-preference-repository/

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Scores are the values (0 through 100) assigned by each evaluator.

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

For evaluation of the experience and qualification, and technical proposal elements, points are calculated as follows:

Evaluators will evaluate each Proposal and assign a score, 0 – 100 per evaluation criterion as per the rating scale in section 4.10.2. The SPC will average the scores for each criterion and use the score as a multiplier of the points, e.g. 10 = 10%, 50 = 50%.

EXAMPLE:

Proposer A receives scores of 100, 90, and 95 for criterion worth 50 points. The SPC averages 100, 90, and 95 for a score of 95 and uses 95% as a multiplier to the possible points of 50. 50 multiplied by 95% is 47.5. Proposer A’s points for the criterion is 47.5.

4.12 RANKING OF PROPOSERS

The SPC will average the scores for each Proposal in a given round of competition (calculated by totaling the points awarded by each Evaluation Committee member and dividing by the number of members).

Agency will rank all Proposers at the conclusion of the evaluation and scoring and may, in Agency’s sole discretion, determine an apparent successful Proposer with no additional rounds of competition. If additional rounds are conducted, Agency will rank advancing Proposers at the conclusion of each subsequent round and may determine an apparent successful Proposer at any time during the solicitation process.

The SPC will combine the average score for each Proposal with Proposer’s price score and reference score. After any applicable preference has been applied, SPC will describe the rank order for each Proposer, with the highest score receiving the highest rank, and successive rank order determined by the next highest score.

4.13 NEXT STEP DETERMINATION

At the conclusion of a round of competition, Agency may choose to conduct additional round(s) of competition if in the best interest of the State. Additional rounds of competition may consist of, but will not be limited to:

• Interviews

• Presentations/Demonstrations/Additional Submittal Items

4.10.2.2 Technical Proposal – Drug Price Database 300

4.10.2.3 Technical Proposal – Training and Support 75

4.10.2.4 REFERENCE POINTS POSSIBLE 25

4.10.2.5 PRICE POINTS POSSIBLE 25

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• Discussions and submittal of revised Proposals

• Serial or simultaneous negotiations

• Best and Final Offers

4.13.1 Competitive Range Determination

If Agency, in its sole discretion, determines that one or more additional rounds of competition is necessary, it will select a Competitive Range to indicate the Proposers that will be invited to participate in a subsequent round. The Competitive Range may include all, or at Agency’s sole discretion, some (based primarily on a natural break in the distribution of scores), of the Proposers from a previous round. Agency will post a notice in OregonBuys of its Competitive Range Determination and provide details about the process and schedule for the subsequent round.

4.13.2 Competitive Range Protest

Proposers excluded from a round may submit a Written protest of Competitive Range.

Protests must:

• Be emailed to the SPC;

• Reference the RFP number;

• Identify Proposer’s name and contact information;

• Be sent by an authorized representative

• State the reason for the protest; and

• Be received within 7 calendar days after issuance of the Notice of the Competitive Range unless a different due date and time is specified in such notice.

Agency will address all protests within a reasonable time and will issue a Written decision to the respective Proposer. Protests that do not include the required information may not be considered by Agency.

4.14 ADDITIONAL ROUNDS

The Agency reserves the right to conduct additional rounds of competition, as needed. Details on the procedures for any subsequent rounds of competition will be announced at the time that notice of the additional rounds is given.

SECTION 5: AWARD AND NEGOTIATION

5.1 AWARD NOTIFICATION PROCESS

5.1.1 Award Consideration

Agency, if it awards a Contract, shall award a Contract to the highest ranking Responsible Proposer(s) based upon the scoring methodology and process described in Section 4.

Agency may award less than the full Scope of Work defined in this RFP.

5.1.2 Intent to Award Notice

Agency will notify all Proposers in Writing that Agency intends to award a Contract to the

DAS Procurement Services, Version 4.4 July 1, 2021 Page 18 of 22 selected Proposer(s) subject to successful negotiation of any negotiable provisions.

5.2 INTENT TO AWARD PROTEST

5.2.1 Protest Submission

An Affected Proposer shall have 7 calendar days from the date of the Intent to Award notice to file a Written protest.

A Proposer is an Affected Proposer only if the Proposer would be eligible for Contract award in the event the protest was successful and is protesting for one or more of the following reasons as specified in ORS 279B.410:

• All higher ranked Proposals are non-Responsive.

• Agency has failed to conduct an evaluation of Proposals in accordance with the criteria or process described in the RFP.

• Agency abused its discretion in rejecting the protestor’s Proposal as non-Responsive.

• Agency’s evaluation of Proposal or determination of award otherwise violates ORS

Chapter 279B or ORS Chapter 279A.

If Agency receives only one Proposal, Agency may dispense with the evaluation process and Intent to Award protest period and proceed with Contract Negotiations and award.

5.2.1.1 Protests must:

• Be delivered to the SPC via email

• Reference the RFP number

• Identify Proposer’s name and contact information

• Be signed by an authorized representative

• Specify the grounds for the protest

• Be received within 7 calendar days of the Intent to Award notice

5.2.2 Response to Protest

Agency will address all timely submitted protests within a reasonable time and will issue a Written decision to the respective Proposer. Protests that do not include the required information may not be considered by Agency.

5.3 APPARENT SUCCESSFUL PROPOSER SUBMISSION REQUIREMENTS

Proposer(s) who are selected for a Contract award under this RFP will be required to submit additional information and comply with the following:

5.3.1 Insurance

Prior to award, Proposer shall secure and demonstrate to Agency proof of insurance as required in this RFP or as negotiated. Insurance Requirements are found in Exhibit B of Attachment A.

5.3.2 Taxpayer Identification Number

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Proposer shall provide its Taxpayer Identification Number (TIN) and backup withholding status on a completed W-9 form when requested by Agency or when the backup withholding status or any other relevant information of Proposer has changed since the last submitted W-9 form, if any.

5.3.3 Business Registry

If selected for award, Proposer shall be duly authorized by the State of Oregon to transact business in the State of Oregon before executing the Contract. Visit http://sos.oregon.gov/business/pages/register.aspx for Oregon Business Registry information.

5.3.4 Responsibility Inquiry

Prior to award, Proposer shall be required to complete and submit Attachment F — Responsibility Inquiry.

5.3.5 Pay Equity Certification

If selected for award and the Contract value exceeds $500,000 and Proposer employs 50 or more full-time workers, Proposer shall submit to Agency a true and correct copy of an unexpired Pay Equity Compliance Certificate, issued to the Proposer by the Oregon Department of Administrative Services. For instructions on how to obtain the Certificate, visit State of Oregon: Pay equity

ORS 279B.110(2)(f) requires that Proposer provide this prior to execution of the Contract.

5.3.6 Nondiscrimination in Employment

As a condition of receiving the award of a Contract under this RFP, Proposer must certify by their Signature on Attachment C - Proposer Information and Certification Sheet, in accordance with ORS 279A.112, that it has in place a policy and practice of preventing sexual harassment, sexual assault, and discrimination against employees who are members of a protected class. The policy and practice must include giving employees a written notice of a policy that both prohibits, and prescribes disciplinary measures for, conduct that constitutes sexual harassment, sexual assault, or unlawful discrimination.

5.3.7 Pay Equity Compliance

As required by ORS 279B.235, Contractor shall comply with ORS 652.220 and shall not discriminate against any of Contractor’s employees in the payment of wages or other compensation for work of comparable character, the performance of which requires comparable skills, or pay any employee at a rate less than another for comparable work, based on an employee’s membership in a protected class.

Commencing on January 1, 2019, Contractor must comply with ORS 652.220 as amended and shall not unlawfully discriminate against any of Contractor’s employees in the payment of wages or other compensation for work of comparable character on the basis of an employee’s membership in a protected class. “Protected class” means a group of persons distinguished by race, color, religion, sex, sexual orientation, national origin, marital status, veteran status, disability or age. Contractor’s compliance with this section constitutes a http://sos.oregon.gov/business/pages/register.aspx https://www.oregon.gov/das/Procurement/Pages/PayEquity.aspx

DAS Procurement Services, Version 4.4 July 1, 2021 Page 20 of 22 material element of this Contract and a failure to comply constitutes a breach that entitles Agency to terminate this Contract for cause.

Contractor may not prohibit any of Contractor’s employees from discussing the employee’s rate of wage, salary, benefits, or other compensation with another employee or another person. Contractor may not retaliate against an employee who discusses the employee’s rate of wage, salary, benefits, or other compensation with another employee or another person.

5.4 CONTRACT NEGOTIATION

5.4.1 Negotiation

By submitting a Proposal, Proposer agrees to comply with the requirements of the RFP, including the terms and conditions of the Sample Contract (Attachment A), with the exception of those terms listed below for negotiation.

Proposer shall review the Sample Contract and submit a protest of any provisions on or before the RFP Protest Period End date as set forth in Section 1.2 above.

Unless Agency agrees to modify any of the terms and conditions, Agency intends to enter into a Contract with the successful Proposer substantially in the form set forth in Sample Contract.

Proposer is cautioned that the State of Oregon believes modifications to the standard provisions constitute increased risk and increased cost to the State. Therefore, Agency will consider the scope of requested exceptions in the evaluation of Proposal.

It may be possible to negotiate some provisions of the Contract; however, Agency is not required to make any changes and many provisions cannot be changed.

After selection of a successful Proposer, Agency may enter into Contract negotiations with the successful Proposer. The final Contract is subject to prior approval of the Oregon Department of Justice.

Agency is willing to negotiate all items, except those listed below:

• Choice of law

• Choice of venue

• Constitutional requirements

• Requirements of applicable federal and State law

In the event that the parties have not reached mutually agreeable terms within 30 calendar days, Agency may terminate Negotiations and commence Negotiations with the next highest ranking Proposer.

SECTION 6: ADDITIONAL INFORMATION

6.1 CERTIFIED FIRM PARTICIPATION

Pursuant to Oregon Revised Statute (ORS) Chapter 200, Agency encourages the participation of small businesses, certified by the Oregon Certification Office for Business Inclusion and Diversity (“COBID”) in all contracting opportunities. This includes certified small businesses in the following categories: disadvantaged business enterprise, minority-owned business, woman-

DAS Procurement Services, Version 4.4 July 1, 2021 Page 21 of 22 owned business, a business that a service-disabled veteran owns or an emerging small business.

Agency also encourages joint ventures or subcontracting with certified small business enterprises. For more information, visit:

https://oregon4biz.diversitysoftware.com/FrontEnd/VendorSearchPublic.asp?XID=6787&TN= oregon4biz

If the Contract has potential subcontracting opportunities, the successful Proposer may be required to submit a completed Certified Disadvantaged Business Outreach Plan (Attachment E) prior to execution.

6.2 GOVERNING LAWS AND REGULATIONS

This RFP is governed by the laws of the State of Oregon. Venue for any administrative or judicial action relating to this RFP, evaluation and award is the Circuit Court of Marion County for the State of Oregon; provided, however, if a proceeding must be brought in a federal forum, then it must be brought and conducted solely and exclusively within the United States District Court for the District of Oregon. In no event shall this Section be construed as a waiver by the State of Oregon of any form of defense or immunity, whether sovereign immunity, governmental immunity, immunity based on the eleventh amendment to the Constitution of the United States or otherwise, to or from any Claim or consent to the jurisdiction of any court.

6.3 OWNERSHIP/PERMISSION TO USE MATERIALS

All Proposals are public record and are subject to public inspection after Agency issues the Notice of the Intent to Award. Application of the Oregon Public Records Law will determine whether any information is actually exempt from disclosure.

All Proposals submitted in response to this RFP become the Property of Agency. By submitting a Proposal in response to this RFP, Proposer grants the State a non-exclusive, perpetual, irrevocable, royalty-free license for the rights to copy, distribute, display, prepare derivative works of and transmit the Proposal solely for the purpose of evaluating the Proposal, negotiating a Contract, if awarded to Proposer, or as otherwise needed to administer the RFP process, and to fulfill obligations under Oregon Public Records Law (ORS 192.311 through 192.478). Proposals, including supporting materials, will not be returned to Proposer unless the Proposal is submitted late.

6.4 CANCELLATION OF RFP; REJECTION OF PROPOSAL; NO DAMAGES.

Pursuant to ORS 279B.100, Agency may reject any or all Proposals in-whole or in-part, or may cancel this RFP at any time when the rejection or cancellation is in the best interest of the State or Agency, as determined by Agency. Neither the State nor Agency is liable to any Proposer for any loss or expense caused by or resulting from the delay, suspension, or cancellation of the RFP, award, or rejection of any Proposal.

6.5 COST OF SUBMITTING A PROPOSAL

Proposer shall pay all the costs in submitting its Proposal, including, but not limited to, the costs to prepare and submit the Proposal, costs of samples and other supporting materials, costs to participate in demonstrations, or costs associated with protests.

6.6 STATEWIDE E-WASTE/RECOVERY PROCEDURE

https://oregon4biz.diversitysoftware.com/FrontEnd/VendorSearchPublic.asp?XID=6787&TN=oregon4biz https://oregon4biz.diversitysoftware.com/FrontEnd/VendorSearchPublic.asp?XID=6787&TN=oregon4biz

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If applicable, Proposer shall include information in its Proposal that demonstrates compliance with the Statewide E-Waste/Recovery Procedure #107-011-050_PR. Visit the DAS website www.oregon.gov/das and use the search bar feature to locate the procedure.

6.7 RECYCLABLE PRODUCTS

Proposer shall use recyclable products to the maximum extent economically feasible in the performance of the Services or Work set forth in this document and the subsequent Contract.

(ORS 279B.025)

https://www.oregon.gov/das

3.3 PROPOSAL REQUIREMENTS