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CONTRACT 1 Department: Childrens Services Division: Contracts Management Vendor: Tri-Med Pharmacy, LLC BACKGROUND INFORMATION: The original five-year contract was for the provision of pharmacy services to students in the Departments custody and residing in Youth Development Centers (YDC), department staff, and direct service volunteers of the YDCs as well as inservice training for clinical staff. The pharmacy services for staff and volunteers include: Human Immunodeficiency Virus (HIV) post exposure prophylaxis medications; post exposure Infectious Necrotic Hepatitis (INH) and Hepatitis B vaccine; medications administered in the event of injury obtained due to an assault or accident; and over-the counter medications. The contract has a term beginning July 1, 2012, and ending June 30, 2017, with a maximum liability of $72,780. AMENDMENT FOR REVIEW: The proposed amendment increases the maximum liability by $2,427,220 to $2,500,000. FISCAL INFORMATION: CONTRACT ALLOCATIONS & EXPENDITURES: *Current Contract Allocation by Fiscal Year: FY: 13
$14,556
FY: 14
$14,556
FY: 15
$14,556
FY: 16
$14,556
FY: 17
$14,556
FY: 13
$24,268
FY: 14
$
FY: 15
$
FY: 16
$
FY: 17
$
1. The Department has provided detailed anticipated expenditures per fiscal year. COMMENTS: 1. The Department has approximately $48,512 remaining in the maximum liability.
FY: 13
$120,000
FY:
FY:
FY:
FY: 12
$0
FY: 13
$189,563
FY:
FY:
FY:
1. The Department has provided detailed expenditures per fiscal year. 2. The proposed amendment changes the scope of services and terms of payment. The Department did not provide any anticipated savings or the cost of obtaining these services through another provider. 3
FY: 10
$180,000
FY: 11
$245,000
FY: 12
$180,000
FY: 13
$245,000
FY:
$
FY: 09
$159,671
FY: 10
$171,785
FY:11
$218,579
FY: 12
$221,900
FY: 13
$
FY:
1. The Department has provided a detailed breakdown of actual expenditures per fiscal year. 2. The proposed amendment does not change the scope of services or the terms of payment. Anticipated savings or the cost of obtaining these services through another provider is not applicable.
COMMENTS: 5
FY: 11
$58,518,900
FY: 12
$62,284,900
FY:13
$32,432,900
FY:
FY: 10
FY: 11
FY: 12
$65,043,135
FY: 13
$5,405,324
FY:
$27,261,964 $58,710,734
1. The Department has provided detailed anticipated expenditures per fiscal year. 2. The proposed amendment does not change the scope of services or the terms of payment. Anticipated savings or the cost of obtaining these services through another provider is not applicable.
FY: 08
$758,983
FY: 09
$1,019,119
FY: 10
FY: 11
FY: 12
FY: 13
$255,374
FY: 08
$524,426
FY: 09
$595,881
FY: 10
$720,773
FY: 11
$717,392
FY: 12
$724,660
FY: 13 $181,970
1. The Department has provided detailed anticipated expenditures per fiscal year. 2. The proposed amendment does not change the scope of services or terms of payment. Anticipated savings and the cost of obtaining this service through another provider are not applicable. COMMENTS: 9
10
MEMORANDUM
TO: FROM: DATE: RE: Members of the Fiscal Review Committee Senator Bill Ketron, Chairman Representative Curtis Johnson, Vice-Chairman October 1, 2012 Extension of the Department of General Services (DGS) contract with Murray Guard, Inc. for security services in the Knoxville area
The Department has contacted Committee Staff regarding the extension of the above referenced contract for the provision of security services in the Knoxville area. It is our understanding that the Department issued an RFP on June 20, 2012, for these services. Walden Security, a vendor that bid on the RFP, filed a timely protest of the award to another vendor. The current contract expires September 30, 2012. This contract meets the criteria for review and comment by Fiscal Review Committee (FRC). DGS submitted a Rule Exception Request to the Central Procurement Office for a contract term over five years and a Non-Competitive Amendment Request to extend the existing contract an additional two months, through November 30, 2012, in order to have time to resolve the RFP protest. The Rule Exception Request and the Non-Competitive Amendment Request were signed by the Commissioner on September 6, 2012. On September 26, 2012, the Department received a denial from the Comptrollers Office because the extension request was not approved by this Committee. The Department contacted FRC staff on September 26, 2012. The Committee does not meet again until October 15, 2012. However, we understand that, absent such an extension to provide security services, the safety of state
employees is at risk. The Committee is greatly concerned for the safety of all state employees. But as you are aware, we are also concerned about recent actions by departments seeking Committee approval less than 60 days prior to the effective date of the contract or an amendment. In light of the Chief Procurement Offices role in procurement reform, the Committee looks to General Services to set the example of interdepartmental cooperation, transparency and open communication for other departments. Given the current circumstances, we are agreeable to a contract extension until November 30, 2012, with the stipulation that the Department presents the resolution of this matter to the full Committee in November. Please let us know if you have any questions or need additional information on these issues. cc: Steven Cates, Commissioner, Department of General Services Justin Wilson, Comptroller Jessica Robertson, Chief Procurement Officer
FY: 13
$161,615
FY: 14
$287,687
FY: 15
$322,417
1. The Board has provided detailed anticipated expenditures per fiscal year. COMMENTS: 1. The proposed contract does not contain the Prohibition of Illegal Immigrants language. According to the Board, the vendor has agreed to add this language. 2. According to the Board, this product must be compatible with its existing Desire2Learn Learning Management System and no other vendor has this capability or access to this product. 3. Funding: 100 percent State. NO QUESTIONS:
11
FY: 13
$455,555
FY: 14
$433,977
FY: 15
$451,217
FY: 16
$469,167
FY: 17
$487,827
1. The Board has provided detailed anticipated expenditures per fiscal year. COMMENTS: 1. The proposed contract does contain the Prohibition of Illegal Immigrants language. 2. Historically, the Board utilized PeopleAdmin via its SunGard/Ellucian competitive agreement but that venue is no longer available. 3. Funding: 100 percent State. NO QUESTIONS.
12
13
15
FY: 13
$66,500
FY: 14
$133,000
FY: 15
$133,000
FY: 16
$133,000
FY: 17
$133,000
FY: 18
$66,500
1. The Department has provided detailed anticipated expenditures per fiscal year. COMMENTS: 1. Gale Group is the sole provider of the Literature Resource Center. 2. The proposed contract contains the Prohibition of Illegal Immigrants language. 3. Funding: 100 percent Federal. NO QUESTIONS.
16
17
FY:03
$33,079,942 FY:09 $200,000,000
FY:04
$63,490,156 FY:10 $404,906,600
FY:05
$116,014,894 FY:11 $443,906,600
FY:06
$175,496,222 FY:12 $443,906,600
FY:07
$175,496,222 FY:13 $443,906,600
FY: 02
$290,556,541
FY: 03
$413,769,656
FY:04
$811,750,972
FY:05
$990,250,680
FY:06
$904,108,515
FY:07
$929,733,207
FY:08
$367,161,737
FY:09
$382,499,549
FY:10
$384,317,147
FY:11
$376,871,962
FY:12
$385,566,958
FY:13 $98,085,011
1. The Bureau has provided detailed expenditures per fiscal year. 2. The proposed amendments change the scope of services and terms of payment. The Bureau did not provide anticipated savings or the cost of obtaining this service through another provider.
23
COMMENTS: 1. The Bureau has spent approximately $3,615,868,229 more than the current maximum liability. As the safety net for other MCOs, this contract was used to cover enrollees in previous years when other MCOs failed. The maximum liability reflects the costs to cover the enrollees covered through the TennCare Select contract. 2. The contract does contain the Prohibition of Illegal Immigrants language. 3. Funding: Expenditures for FY12-13 will be 33.814 percent State and 66.186 percent Federal. The match rate is based on the per capita income of the State and changes on the federal fiscal year. NO QUESTIONS.
24
27
FY:07
$174,870,888
FY:08
$699,483,574
FY:09
$699,483,574
FY:10
$748,157,611
FY:11
$954,457,611
FY:12
$954,457,611
28
FY: 07
$114,581,857 FY:13 $222,586,848
FY: 08
$521,147,382
FY:09
$558,472,096
FY:10
$764,940,450
FY:11
$991,344,357
FY:12
$804,319,052
FISCAL INFORMATION: CONTRACT ALLOCATIONS & EXPENDITURES: AmeriChoice Middle *Current Contract Allocation by Fiscal Year:
(as Shown on Most Current Fully Executed Contract Summary Sheet)
FY: 07
$174,870,888 FY: 13 $989,205,835
FY: 08
$699,483,574
FY: 09
$699,483,574
FY:10
$782,905,835
FY:11
$989,205,835
FY:12
$989,205,835
FY: 07
$108,816,203 FY:13 $234,939,468
FY: 08
$526,120,392
FY:09
$573,634,106
FY:10
$729,187,454
FY:11
$1,051,885,932
FY:12
$848,507,848
1. The Bureau has provided detailed expenditures per fiscal year. 2. The proposed amendments change the scope of services and terms of payment. The Bureau did not provide anticipated savings or the cost of obtaining this service through another provider. COMMENTS: 1. The Bureau has approximately $1,207,976,439 remaining in the maximum liability of the AMERIGROUP contract and $1,251,269,973 in the AmeriChoice Middle contract. 2. The contracts do contain the Prohibition of Illegal Immigrants language. 3. Funding: Expenditures for FY12-13 will be 33.814 percent State and 66.186 percent Federal. The match rate is based on the per capita income of the state and changes on the federal fiscal year. NO QUESTIONS. 29
CONTRACTS 13 and 14 Department: Finance and Administration Division: Health Care Finance and Administration/Bureau of TennCare Vendor: UnitedHealthCare Plan of River Valley, Inc. and Volunteer State Health Plan VSHP (West Tennessee Region) BACKGROUND INFORMATION: The original contracts were for medical and behavioral health services for TennCare enrollees in West Tennessee. The contracts had a term beginning May 19, 2008, and ending on June 30, 2012, with a maximum liability of $818,833,000. Amendments 1: incorporated language to comply with the federal Mental Health Parity and Addiction Equity Act of 2008; required additional outreach activities to identify and assist children enrolled in the TENNderCare Program with accessing and utilizing benefits; revised various reporting time frame requirements; required the providers to screen employees and contractors to determine any exclusions from participating in Medicare, Medicaid, SCHIP, or any other federal health care programs; required the contractor to reimburse contracted local health departments at the rates established in the contract; and incorporated the Voluntary Buyout Program and Federal Economic Stimulus Funding language. Amendments 2: added provisions necessary for the implementation of the Long-Term Care Community Choices Act of; updated Title VI requirements to meet current reporting standards; added performance standards to the nurse toll-free phone line for TennCare-approved handling of calls by CHOICES members; and increased the maximum liability by $672,699,800 for a total of $1,491,532,800 for AmeriChoice West and by $672,699,800 for a total of $1,491,532,800 for VSHP West. Amendments 3: changed references of MR and mental retardation to intellectual disabilities; eliminated the requirement that the contractor ensure a member has been evaluated by a crisis team prior to involuntary commitment to a psychiatric inpatient hospital and specified that the contractor utilize the regional mental health institutes (RMHIs) only when there is no other option available for new admissions; added language to comply with the Annual Coverage Assessment Act of 2010; required the contractor to submit an annual risk assessment report, a quarterly program integrity exception list, and a monthly involuntary termination report; 30
FY: 08 FY: 09
$0 $327,533,200
FY: 10
$491,299,800
FY:11
$667,299,800
FY: 12
$797,932,700
FY: 13
$821,870,000
FY: 08 FY: 09
$0 $267,572,091
FY: 10
$452,411,636
FY:11
$774,691,991
FY: 12
$680,383,602
FY: 13 $191,411,617
FISCAL INFORMATION: CONTRACT ALLOCATIONS & EXPENDITURES: VSHP *Current Contract Allocation by Fiscal Year: FY: 08 FY: 09
$0 $327,533,200
FY: 10
$491,299,800
FY: 11
$672,699,800
FY: 12
$817,305,000
FY:13
$841,824,000
FY: 08 FY: 09
$0 $322,213,683
FY: 10
$504,563,104
FY: 11
$793,493,211
FY: 12
$721,926,808
FY:13 $197,368,091
34
FY: 09
$295,236,000
FY: 10
$590,472,000
FY: 11
$787,372,000
FY: 12
$828,249,200
FY: 13
$956,096,600
FY: 09
$208,089,186
FY: 10
$485,747,586
FY: 11
$901,212,824
FY: 12
$804,764,212
FY: 13
$223,233,538
FISCAL INFORMATION: CONTRACT ALLOCATIONS & EXPENDITURES: VSHP *Current Contract Allocation by Fiscal Year: FY: 09
$295,236,000
FY: 10
$590,472,000
FY: 11
$885,772,000
FY: 12
$981,684,075
FY: 13
$1,011,135,000
FY: 09
$328,230,257
FY: 10
$712,601,467
FY: 11
$953,091,919
FY: 12
$907,675,408
FY:13
$238,341,972
38
39
FY: 12
$2,001,588
FY: 13
$2,001,588
FY: 14
$500,397
FY:
FY:
FY: 11
$1,501,191
FY: 12
$2,001,588
FY: 13
$333,598
FY:
FY:
FY:
1. The Department has provided anticipated detailed expenditures per fiscal year. 2. The proposed amendment changes the scope of services. The Department did not provide any anticipated savings or the cost of obtaining these services through another provider.
40
41
FY: 13
$168,000
FY: 14
$
FY:
FY:
FY:
FY: 12
$60,101
FY: 13
$94,492
FY: 14
$
FY:
FY:
FY:
1. The Bureau has provided detailed expenditures per fiscal year. 2. Anticipated savings and the cost of obtaining this service through another provider are not applicable.
42
43
44
FY: 08
$3,700,000
FY: 09
FY: 10
FY: 11
FY: 12
$4,625,000
FY: 07
$159,788 FY: 13 $786,380
FY: 08
$4,367,427
FY: 09
FY: 10
FY: 11
FY: 12
$4,374,754
1. The Department has provided detailed expenditures per fiscal year. 2. The proposed amendment does not change the scope of services or terms of payment. Anticipated savings and the cost of obtaining this service through another provider are not applicable.
45
46
47
FY: 08
$2,000,000
FY: 09
$7,000,000
FY: 10
$7,000,000
FY: 11
$10,000,000
FY: 12
$20,000,000
FY: 13
$10,000,000
FY: 08
$801,927
FY: 09
$5,485,644
FY: 10
$8,925,605
FY: 11
$9,846,905
FY: 12
$16,455,985
FY: 13
$4,209,231
1. The Department has provided anticipated detailed expenditures per fiscal year. 2. The proposed amendment does not change the scope of services or terms of payment. Anticipated savings and the cost of obtaining this service through another provider are not applicable. COMMENTS: 1. The Department has approximately $10,274,703 remaining in the maximum liability. 2. The contract does contain the Prohibition of Illegal Immigrants and Federal Funding Accountability and Transparency Act language. 3. Contract Funding: 24 percent State; 76 percent Federal. NO QUESTIONS.
48
49
FY: 12
FY: 13
FY: 14
FY:
FY:
FY:
$130,555,291 $138,694,079 $
FY: 12
FY: 13
FY: 14
$
FY:
FY:
FY:
$90,167,993 $77,510,124
1. The Department has provided anticipated detailed expenditures per fiscal year. COMMENTS: 1. The Department has approximately $101,571,253 remaining in the maximum liability. 2. The contract does contain the Prohibition of Illegal Immigrants and the Federal Funding Accountability and Transparency Act language. 3. Funding: 48 percent State; 52 percent Federal. NO QUESTIONS.
50
FY: 10
$338,220
FY: 11
$354,795
FY: 12
$380,358
FY: 13
$36,126
FY:
FY:
FY: 10
$115,628
FY: 11
$560,715
FY: 12
$347,769
FY: 13
$18,063
FY:
FY:
1. The Department has provided anticipated detailed expenditures per fiscal year.
51
52
FY: 09
$7,931,320
FY: 10
$15,320,706
FY: 11
FY: 12
FY:13
FY: 08
$0
FY: 09
$7,226,045
FY: 10
$12,322,200
FY: 11
FY: 12
$12,648,008 $8,983,178
FY:13 $5,568,023
1. The Department has provided anticipated detailed expenditures per fiscal year. 53
54
FY: 11
$247,400
FY: 12
$247,400
FY:
FY:
FY:
FY: 11
$85,831
FY: 12
$96,216
FY: 13
$50,629
FY:
FY:
1. The Department has provided detailed anticipated expenditures per fiscal year. 2. According to the Department, the level of services provided by the contract will remain the same. 55
56
FY: 13
$117,000
FY: 14
$117,000
FY: 15
$97,458
FY: 16
$67,500
FY: 17
$67,500
FY:
$
1. The Commission provided detailed anticipated expenditures per fiscal year. COMMENTS: 1. The proposed contract does contain the Prohibition of Illegal Immigrants and Federal Funding Accountability and Transparency Act language. 2. According to the Commission, the Compass system is the only database currently configured for both GEAR UP and Tennessees CACG programs. 3. Funding: 96 percent Federal; 4 percent Other (LSS Grant Program). NO QUESTIONS.
57
FY: 13
$86,000
FY: 14
$86,000
FY: 15
$86,000
FY: 16
$86,000
FY: 17
$86,000
FY:
$
1. The Department provided detailed anticipated expenditures per fiscal year. COMMENTS: 1. The proposed contract does contain the Prohibition of Illegal Immigrants language. 2. According to the Department, the current annual participation fees will cover the cost of this contract. There is approximately $700,000 in reserve funds in the program. 3. Funding: 100 percent Other (revenue from participation fees in the deferred compensation plans). 58
59