JEFFERSON COUNTYCOMMISSION
PURCHASING DEPARTMENT
ROOM 830 - JEFFERSON COUNTYCOURTHOUSE
716 RICHARD ARRINGTON, JR. BLVD. NORTH
BIRMINGHAM, AL. 35203
September 19, 2007
REQUEST
FOR
PROPOSAL
NO. 324-07
“PHARMACEUTICAL
DISTRIBUTION SERVICES”
FOR
Jefferson CountyCommission
Proposal Due Date: By 5:00 PM, CDST, OCTOBER 3, 2007
(PROPOSALS RECEIVED AFTER THIS DATE AND TIME WILL NOT BE ACCEPTED)
Proposal Opening Date: 2:00 PM, CDST, OCTOBER 4, 2007
FOR QUESTIONS CONCERNING THIS RFP
CONTACT: CARMEN JONES, BUYER
TELEPHONE # 205.214.8583
OR
GLEN THOMPSON, PHARM.D
TELEPHONE # 205.918.2352
NO FAXED OR EMAIL RESPONSES WILL BE ACCEPTED
RFP- 324-07 PHARMACEUTICAL DISTRIBUTION SERVICES
Sealed Proposals, one original and two (2) copies, marked “PHARMACEUTICAL DISTRIBUTION SERVICES” will be received by the Purchasing Manager, Room 830 Courthouse, Birmingham, Alabama.
Proposals will be accepted until 5:00 P.M. Central Time (standard or daylight savings time, as applicable) on October3, 2007. Proposals submitted after this datewill not be considered.
Proposals will be publicly opened at 2:00 P.M. on October 4, 2007.
TERM OF CONTRACT
Any contract resulting from this RFP will become effective November 1, 2007. Contract will expire onSeptember 30, 2007, with annual renewal, at the County’s option, each October 1st through, 2009.
If the term is longer than the Amerinet Agreement and the Jefferson County Commission awardee is not a participant in the new Amerinet Agreement, facilities will have the option to terminate the agreement with 30 days notification.
PURPOSE AND OBJECTIVE
This RFP provides interested parties with sufficient information to enable them to prepare and submit a response for consideration by the Jefferson County Commission for Pharmaceutical Distribution Services. By submitting a response, you are affirming that you (in the case of individuals) and/or your organization are interested in contracting with the County to provide services covered herein. This document serves a two-fold purpose in that it is the County’s document of record showing our specifications, terms and conditions, besides the purchase order, that will be executed with regard to the purchase of the services requested herein.
Jefferson County Commissionintends to enter into an agreement with a qualified pharmaceutical distributor that submits best value enhancement consistent with the requirements outlined above and herein. All proposals must meet or exceed the specifications set forth in this RFP.
County’s Expectations
Any responder to this RFP must be a qualified bidder/distributor/vendor, a single point of contact and take
legal responsibility for all aspects of any resulting contract, this includes, but is not limited to furnishing all supplies, and equipment and installation of equipment for the complete implementation of Pharmaceutical
Distribution.
GENERAL
All proposals meeting the intent of this request for proposal will be considered for awards. Bidders taking exception to the specifications shall state these exceptions in the section provided or by attachment as part of their proposal. The absence of such a list shall indicate that the bidder has not taken exceptions and shall hold the bidder responsible to perform in strict accordance with the specifications of the request for proposal. Jefferson County Commission reserves the right to accept any and all or none of the exception (s) deemed to be in the best interest of the county.
Sheet 2
RFP- 324-07 PHARMACEUTICAL DISTRIBUTION SERVICES
GENERAL SPECIFICATIONS CONT’D
It is expressly understood and agreed that in case Jefferson County Commission should need any item (s) not available within the time frame needed from the successful vendor during the term of contract, Jefferson County Commission reserves the right to purchase these items from other than the successful vendor and shall not be in violation of any terms or conditions of said contract. Further, Jefferson County Commission reserves the right to seek another vendor if, at any time, vendor’s prices do not conform to public pricing.
Each bidder shall be held to have examined the requirements herein and confirm they fully understand these specifications and the County’s needs and satisfies themselves that they are cognizant of all factors relating to requirements contained in these specifications.
The bid analysis will include compliance to bid specifications, past performance , references, and overall cost to Jefferson County Commission.
AWARD/RENEWAL OF CONTRACT
Award of contract and any subsequent renewals will be contingent on availability of JeffersonCounty funds.
CONDITIONS
Bidder must be licensed to do business in the State of Alabama, if required by Alabama law, and licensed to do business in JeffersonCounty if located here or required by law.
Use of specific names and numbers is not intended to restrict the bidding of any seller and/or manufacturer, but is solely for the purpose of indicating the type, size and quality of materials, products, service, or equipment considered best adapted to the County’s intended use.
CORRECTIONS/AUTHORIZED SIGNATURE
Proposals having any erasures or corrections shall be initialed in ink. Proposal must be signed in ink by distributor’s official authorized representative.
All proposals shall be valid for a period of ninety days (90) following the proposal opening.
LANGUAGE, WORDS USED INTERCHANGEABLY
The word COUNTY refers to the JEFFERSON COUNTY COMMISSION and/or JEFFERSON COUNTY, ALABAMA throughout this document. Similarly, RESPONDENT, VENDOR and BIDDER refer to the person or company submitting an offer to sell its goods or services to the COUNTY. The words PROPOSAL, QUOTATION, and BID are all offers from a BIDDER. The County has established for the purposes of this RFP that the words SHALL, MUST OR WILL are equivalent in this RFP and indicate a mandatory requirement or condition, the material deviation from which shall not be waived by the County. A deviation is material if, at the sole discretion of the County, the deficient response is not in substantial accord with this RFP’s mandatory condition requirements. The words SHOULD and MAY are equivalent in the RFP and indicate very desirable conditions or requirements but are permissive in nature. Deviation from, or omission of, such a desirable condition or requirement will not in and of itself cause automatic rejection of a proposal, but may result in being considered as not in the best interest of the County.
Sheet 3
RFP- 324-07 PHARMACEUTICAL DISTRIBUTION SERVICES
TERMINATION OF CONTRACT:
This contract may be terminated by the County with a thirty (30) day written notice to the other party regardless of reason. Any violation of this agreement shall constitute a breach and default of this agreement. Upon such breach, the County shall have the right to immediately terminate the contract and withhold further payments. Such termination shall not relieve the Contractor of any liability to the County for damages sustained by virtue of a breach by the Contractor.Failure to deliver as specified and in accordance with the bid submitted, including promised delivery will constitute sufficient grounds for cancellation of the order at the option of the CountyCommission. Jefferson County Commission reserves the right to award canceled contract to the next lowest and best bidder as it deems to be in the best interest of the county.
NON-DISCRIMINATION POLICY
Both parties agree that all services rendered under this contract will be done so without regard to race, creed, color, sex, religion, national origin, or handicap of residents or other staff involved.
DELIVERY
Will be to location as stated on purchase order.
F.O.B. Destination via best way
INVOICING
All invoices must agree with the purchase order in description and price and include the following information:
1) Purchase Order Number; 2) Ship-to department name and address.
In order to ensure prompt payment, ALL ORIGINAL INVOICES MUST BE SENT TO:
Jefferson CountyCommission
Finance Department
Room 820 CountyCourthouse
716 Richard Arrington Jr. Blvd. North
Birmingham, AL35203
*If invoice does not agree with purchase order, credits or a corrected invoice will be required in order for the County to process payment.
THIRD-PARTY “REMIT-TO”
If Bidder has a third-party “remit-to” company, that information must appear on the Bidder’s response. Jefferson County will send payment to the company designated by Bidder on its response, but will not be responsible for resolving payment issues, should the Bidder change payment processing companies after a payment has been mailed or without 45-day written notification to the Purchasing and Accounting division of Jefferson County.
Purchase orders will be issued as deliveries are required.
PRICES:
Include transportation and, handling.
TAX:
JeffersonCounty is exempt from all tax. Provided however, bidder shall be responsible for payment of all sales, use, lease, advalorem and any other tax that may be levied or assessed by reason of this transaction.
SHEET 4
RFP- 324-07 PHARMACEUTICAL DISTRIBUTION SERVICES
Submission of Proposal
An original proposal and (2) copies of the proposal must be delivered on or before 5:00 p.m., CDT, October 3, 2007, to the following address:
Jefferson CountyCommission
Purchasing Department
Room 830 JeffersonCounty Courthouse
716 Richard Arrington, Jr. Boulevard North
Birmingham, AL 35203
All proposals must be submitted in a sealed envelope and shall be clearly marked PROPOSAL for Pharmaceutical Distribution, RFP# 324-07. The envelope or package containing the proposal shall have the name of the bidder, complete address, telephone number, and name of contact person(s). Proposals sent by electronic devices (i.e., facsimile and e-mail) are not acceptable and will be rejected upon receipt.Bidders will be expected to allow adequate time for delivery of their proposal either by airfreight, postal service, or other means. ALL PROPOSALS MUST BE RECEIVED BY 5:00 P.M., CDT, THE DAY PRIOR TO PROPOSAL OPENING DATE. PROPOSALS RECEIVED ON OPENING DAY WILL NOT BE ACCEPTED. It will be the sole responsibility of the bidder to have the proposal delivered to Jefferson County Purchasing Department before the closing hour and date.
Withdrawal /Modifications
Proposals may be withdrawn, modified and resubmitted prior to the formal proposal due date by formal written notification to Jefferson County Commission Purchasing Department; modifications submitted by any other manner will not be considered. Jefferson County Commission will not be responsible for any verbal instructions or clarifications.
Clarification and Addenda
If any bidder considers any part of this RFP (statement, requirement, schedule, etc.) to be unclear, that bidder is expected to make a written request for clarification from the Jefferson County Purchasing Department. The County will respond in writing to all such requests. In the response, the request for clarification will be stated followed by the County’s statement(s) of clarification.
If the clarification results in a change in the RFP, it will be done in the form of an addendum. The issuance of a written (faxed) addendum is the only official method whereby interpretation, clarification or additional information can be given. This procedure will also be followed should it become necessary to revise any part of this RFP.
Bidders submitting proposals are cautioned not to make any assumptions as to the implied meaning or intent of any part of this RFP. It is incumbent upon the bidder to request clarification, if needed, from Jefferson County Purchasing prior to the submission of any proposal. Any interpretation or clarification not requested prior to submission of the proposal will be the implied meaning at the time of writing and will be determined by the County. All clarifications must be requested in writing and sent to the Purchasing Department.
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RFP- 324-07 PHARMACEUTICAL DISTRIBUTION SERVICES
INSURANCE
The successful bidder will maintain such insurance as will protect him and the County from claim under Workmen’s Compensation Acts, and from claims for damage and/or personal injury, including death, which may arise from operations under this contract. Insurance will be written by companies authorized to do business in Jefferson County, Alabama and shall include Jefferson County, Alabama as Added Additional Insured including a thirty (30) day(s) written cancellation notice. Evidence of insurance will be furnished to the Purchasing agent not later than seven (7) day(s) after Purchase Order/contract date.
Insurance Minimum Coverage
Contracting party shall file the following insurance coverage and limits of liability with the County’s Risk Management Office and Purchasing Department before beginning work with the County.
General Liability:
$1,000,000 – Bodily injury and property damage combined occurrence
$1,000,000 – Bodily injury and property damage combined aggregate
$1,000,000 – Personal injury aggregate
Comprehensive Form including Premises/Operation, Products/Completed Operations, Contractual,
Independent contractors, Broad Form property damage and personal injury.
Automobile Liability:
$1,000,000 – Bodily injury and property damage combined coverage
Any automobile including hired and non-owned vehicles
Workers Compensation and Employers Liability:
$100,000 – Limit each occurrence
Umbrella Coverage:
$1,000,000 – Each occurrence
$1,000,000 – Aggregate
Added Additional Insured:
Jefferson County, Alabama
30 day(s) written cancellation notice
____Carmen Jones______
Carmen Jones, Buyer
SHEET 6
RFP- 324-07 PHARMACEUTICAL DISTRIBUTION SERVICES
APPLICABLE LAW
Any contract resulting from this RFP shall be construed and governed in accordance with the law of the State of Alabama. All actions whether sound in contract or tort relating to the validity, construction, interpretation and enforcement of this contract shall be instituted and litigated in the Courts of the State of Alabama, located in JeffersonCounty and in no other. In accordance therewith, the parties of this contract submit to the jurisdiction of the Courts of the State of Alabama located in JeffersonCounty.
FINANCIAL STATEMENT
Each Distributor shall provide, in a sealed envelope having the Organization name and address imprinted thereon; evidence of demonstrated financial stability. Demonstration of financial stability is defined as a current independent audit or a bank letter of credit. The County will make a good faith effort to protect this information in accordance with the Bid Laws of the State of Alabama.
PROPRIETARY INFORMATION
Any proprietary information contained in the proposal shall be so indicated with notation in bold letters at the top and bottom of the page, ‘THIS PAGE CONTAINS PROPRIETARY INFORMATION’. A general indication that the entire content or major portion, of the proposal is proprietary will not be honored.
INCURRING COST
All costs incurred by the bidder in preparing the proposal, or costs incurred in any other manner by the bidder in responding to this proposal will be wholly the responsibility of the bidder. All proposals, materials, supporting materials, correspondence and documents submitted by the bidder in response to this RFP becomes the property of Jefferson County Commission and will not be returned to the bidder.
RESPONES TO TERMS AND CONDITIONS
To enable fair evaluation of all proposals, each bidder shall indicate its agreement to the specified terms and conditions addressed in this RFP, identifying any exceptions taken. Terms and conditions differing from those in this RFP may be cause for disqualification of the proposal.
PERMITS, CODES & REGULATIONS
All equipment and installation will comply with city, county, state and federal codes and regulations.
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RFP- 324-07 PHARMACEUTICAL DISTRIBUTION SERVICES
GUARANTEE
Bidder certifies by bidding, that he is fully aware of the conditions of service and purpose for which item(s) included in this bid are to be purchased, and that his offering will meet these requirements of service and purpose to the satisfaction of the Jefferson County Commission and its Agent.
PURCHASE ORDER
Jefferson County Commission policy is to issue purchase orders for items/services included in this RFP.
PROPOSAL ACCEPTANCE/REJECTION
JeffersonCounty expressly reserves the right to reject any or all bids, or parts of bids, and to make the award on merit and/or features of design and quality, delivery, and availability of parts and service as the best interest of the County appears.
PROPOSAL BOND
All responding bidders shall furnish a proposal bond or cashier’s check in the amount of $5,000.00, and hereby agrees that in case of failure to execute a contract and furnish a performance bond within14 days after notice of award, the Jefferson County Commission will be paid by its bonding companythe difference between the amount of the proposal of the next higher proposal, or if no other proposalis received, the full amount of the proposal guaranty will be recovered as liquidated damages for such default. All bonds are furnished at no expense to the County.
JeffersonCounty will retain all proposal bonds until:
1) the contract is executed and the bidder’s performance bond has been received
2) the proposal term of validity has expired and the bidder will not agree to further extend
it, or
3) all proposals have been rejected.
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RFP- 324-07 PHARMACEUTICAL DISTRIBUTION SERVICES
EXPECTATION of SUPPLIER
The Jefferson County Commission is requesting proposals for pharmaceutical wholesaler distribution for its facilities at CooperGreenMercyHospital and its six community based outpatient pharmacies. The Jefferson County Commission strives to provide exemplary service to its clients and patients and therefore has high expectations of its suppliers. While it is expected that the supplier will provide quality products and services at highly competitive prices, just as important is the expectation that these products are provided in a manner that exhibits the highest level of ethics and professionalism. The supplier relationship should have long-term focus with both parties working collaboratively to provide value to the Jefferson County Commission facilities. It is expected that, as a result of this relationship, the supplier will work with the Jefferson County Commission to ensure that the purchasing agreements remain competitive.
The following facilities and their past fiscal year dollar volumes are included in this agreement but the number of facilities may increase or decrease as the needs of the county change:
CooperGreenMercyHospital
Acute Care $1,300,000
Outpatient $4,000,000
Jefferson Health System Pharmacy #2 $228,000
Jefferson Health System Pharmacy #3 $315,000
Jefferson Health System Pharmacy #4 $194,000
Jefferson Health System Pharmacy #5 $361,000
Jefferson Health System Pharmacy #6 $303,000
Jefferson Health System Pharmacy #7 $64,000 (estimated –opened March 2007)
The distributor shall provide pharmaceutical products at the prices established by the Jefferson County Commission contracts (individual, Amerinet, ancillary, and best wholesale price) or as available through 340B pricing as applicable to the facility. Criteria setting for said contracts to be ranked within the wholesaler contract management system will be determined by each of the Jefferson County Commission member facilities. Enhancements should include a well-defined (cost minus) matrix based on the total volume committed by the Jefferson County Commission.