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  Funding Opportunity Details
 
 -352612-FY21 RFP 58820026 for License Medical Cannabidiol Dispensaries
  Office of Medical Cannabidiol
  Pre-Application Deadline: 05/04/2020
  Application Deadline: 06/08/2020 4:00 PM
 
 
Award Amount Range: Not Applicable
Project Start Date: 08/01/2020
Project End Date: 11/30/2020
Award Announcement Date: 07/20/2020
Eligible Applicant:
Program Officer: Melana Hammond
Phone: 515-281-4900 x
Email: melana.hammond@idph.iowa.gov
Categorical Area:
 
 
Description
 
 

It is the responsibility of the Applicant to review all Attachments listed below for additional details regarding this RFP.

The issuance of this Opportunity in no way constitutes a commitment by IDPH to award a License.

Excerpts from the RFP:

Purpose 

The Medical Cannabidiol Act (2017 Iowa Acts House File 524), enacted on May 12, 2017, directed the Iowa Department of Public Health (“Department”) to implement and administer Iowa Code chapter 124E. This Act authorizes the Department to license up to five medical cannabidiol dispensaries in Iowa. 

The purpose of this Request for Proposals (RFP) #58820026 is to solicit applications that will enable the Department to select and license up to two medical cannabidiol dispensary locations in the State of Iowa. The dispensaries are required to operate in accordance with Iowa Code chapter 124E and 641 Iowa Administrative Code (IAC) chapter 154.  This RFP does not award any funding.

Application Process Summary (refer to RFP section 1.02 for full details for each step)

Step 1: Register in IowaGrants - additional registration instructions have been added for New Users - refer to Amendment 2
Step 2: Submit an Intent to Apply Form through the pre-application process for each proposed dispensary location
Step 3: If step 2 completed by deadline, prepare Final Application for each proposed dispensary location
Step 4: Submit Final Application and Application Fee for each proposed dispensary location license in accordance with the RFP

Schedule of Important Dates (All times and dates listed are local Iowa time.)

The following dates are set forth for informational purposes.  The Department reserves the right to amend them at any point in the process.

EVENT         

  DUE DATE 

RFP Issued: 

  April 17, 2020

Intent to Apply Form/Pre-Application Due By: 

  May 4, 2020, by 4:00 p.m. local Iowa Time

Written Questions and Responses

 

Round 1 Questions Due: 

Responses Posted By: 

  April 22, 2020

  April 29, 2020

Round 2 Questions Due: 

Responses Posted By: 

  May 11, 2020

  May 18, 2020

Final Round Questions Due: 

Responses Posted By: 

  May 25, 2020

  June 1, 2020 

Final Applications Due and Proof of Application
Fee Sent via Certified Mail Due By: 


  June 8, 2020, by 4:00 p.m. local Iowa Time

Application Fee Due By: 

  June 19, 2020 (Refer to RFP Section 1.06 E)

Post Notice of License Award Status: 

  July 20, 2020 

 
 
 
 Attachments
 
 Click on the File Name to open attachment
 
Description File Name File Size
A RFP 58820026 License Medical Cannabidiol Dispensaries A RFP 58820026 License Medical Cannabidiol Dispensaries.pdf 251 KB
Amendment 1 RFP 58820026 Program Market Analysis Amendment 1 RFP 58820026 Program Market Analysis.pdf 866 KB
Amendment 2 RFP 58820026 New User Registration Instructions Amendment 2 RFP 58820026 New User Registration Instructions.pdf 107 KB
Amendment 3 RFP 58820026 Proper Zoning Form Amendment 3 RFP 58820026 Proper Zoning Form.pdf 112 KB
Amendment 4 RFP 58820026 Creating Redacted Final Applications Amendment 4 RFP 58820026 Creating Redacted Final Applications.pdf 115 KB
B IowaGrants Registration Instructions B IowaGrants Registration Instructions.pdf 874 KB
C IDPH Application Instruction Guidance C IDPH Application Instruction Guidance.pdf 1.9 MB
D Draft RFP 58820026 License Medical Cannabidiol Dispensaries Score Tool D Draft RFP 58820026 License Medical Cannabidiol Dispensaries Score Tool.pdf 177 KB
E IDPH Production DISP API guide V3_1 E IDPH Production DISP API guide V3_1.pdf 737 KB
F Proper Zoning Form F Proper Zoning Form.pdf 206 KB
 
 
 Website Links
 
 Click on the URL to go to website
 
URL Description
http://www.legis.iowa.gov/docs/iac/chapter/641.154.pdf 641 Iowa Administrative Code (IAC) chapter 154
http://idph.iowa.gov/Portals/1/userfiles/234/Files/IDPH%20Production%20DISP%20API%20guide%20V3_1.pdf IDPH Production Dispensary API Guide V3.1
http://www.legis.iowa.gov/docs/code/124E.pdf Iowa Code Chapter 124E
 
 
Questions
 
 
Submitted Date Question Answer
04/21/2020 Are any CBD products FDA approved? Yes. In June, 2018, the FDA approved Epidiolex for the treatment of Dravet Syndrome and Lennox-Gastaut syndrome (LGS) in patients of two years or older.
04/22/2020 Section 1.27, page 16, states that “Applicants may not request confidential treatment with respect to pricing or budget information and transmittal letters.” What is meant by budget information? What are examples of budget information for which an applicant could not request confidential treatment? Applicants are encouraged to review Iowa Code section 22.7, which generally outlines exceptions as to what are considered public records and what may be maintained by a State agency in confidence and withheld from disclosure or inspection in response to a public records request. Iowa Code section 22.7 does not identify pricing and budget information as eligible for confidential treatment, therefore, the Department would be required to disclose this information to a person who made a public records request for such information. The Department is of the understanding that the fact that this information is not exempt from public disclosure furthers important policy interests, including the public’s right to know information regarding how much it will cost consumers to obtain medical cannabidiol in a market that is highly regulated by the state. Generally, the Department will copy and produce public records upon request as required to comply with Chapter 22 and will treat all information submitted by an applicant as non-confidential records unless applicant requests specific parts of the application be treated as confidential at the time of the submission as set forth herein AND the information is confidential under Iowa or other applicable law. However, in furtherance of the above-noted, known legal limitations and policy underpinnings related to pricing and budget information specifically, applicants are further prohibited from identifying this type of information as confidential altogether, and doing so may result in rejection of an Application, see Section 1.16(C)(2) (permitting rejection of an Application where “The applicant fails to follow the application instructions or presents information requested by this RFP in a manner inconsistent with the instructions of the RFP.”). With respect to what may constitute “pricing or budget” information specifically, by way of example in the Business Plan and Overview form in Section 2 of the RFP, there is a requirement for pricing information for products provided by the applicant. Pricing information provided in response to this requirement would be considered “pricing or budget” information within the meaning of the RFP, therefore not eligible for confidential treatment, and if identified as confidential information by the Applicant possibly result in rejection of the Application. As another example, paragraph B.1. on page 28 under the heading “Business Overview and Plan Form” requires Applicants to “[d]escribe the steps, including anticipated timeframes and costs, for becoming operational as a dispensary and having medical cannabidiol available for patients and primary caregivers by July 1, 2021.” Cost estimates identified and provided in response to that paragraph would be considered “pricing or budget” information within the meaning of the RFP and therefore not eligible for confidential treatment, and if identified as confidential information by the Applicant possibly result in rejection of the Application
04/22/2020 Business Organization, Ownership, and Financial Structure Form, page 27: Are all current employees of a company, even entry-level positions, required to provide individual criminal history and civil litigation histories? Are those histories necessary for employees who have passed prior medical cannabidiol program background checks? Entry level positions should not be included on the ‘organizational chart’ of the ’Business Organization, Ownership, and Financial Structure’ form, but should be included in the ‘staffing chart’ in the ‘Personnel, Background, and Training’ form on page 34. Criminal and civil litigation histories must be submitted for all individuals in the ‘organizational chart’ regardless of whether they have passed prior Iowa medical cannabidiol program background checks.
04/22/2020 If a section of the RFP doesn’t explicitly state that an upload field is included, should the applicant assume none will be provided and thus everything must be able to be entered directly into the website? The online application will indicate when an upload or narrative is required. Most fields within the final application forms will be based on providing a narrative, with the ability to provide an upload that supports or further describes the narrative.
04/22/2020 Business Organization, Ownership, and Financial Structure Form, page 27: With respect to subpart C. and D., what aspects of a company’s business must be listed in the organizational chart, and which resumes must be uploaded? Are only dispensary-related members and resumes to be uploaded? Are non-dispensary-related members and resumes to be uploaded? Or instead, would job descriptions for those positions be accepted? Each applicant’s organization will be different, and applicants should submit an organizational chart that best reflects their business structure related to dispensary operations. Resumes must be provided for all individuals listed in the ‘organizational chart.’
04/23/2020 Business Organization, Ownership, and Financial Structure Form, page 27. With respect to part G., in previous medical cannabidiol applications, minor traffic violations were not required to be reported. Does that guidance continue for this application? Minor traffic violations are not a required disclosure for part G. of the ‘Business Organization, Ownership, and Financial Structure’ Form.
05/05/2020 Will a reviewer have access to the entire application, or only certain forms provided for his or her review? For instance, if an applicant explains a concept in one form and in another form, simply refers the reviewer to the first form where the concept was initially described, would that reviewer be able to access both forms? Yes, each reviewer will have access to all forms submitted within an applicant’s final application, and would be able to access any information referenced in a different form. However, per RFP Section 3.03 -Application Forms - applicants must complete each final application form as listed in this section. Each application form will be scored in accordance to Section 3 and as identified in the Score Tool (Attachment D), therefore, the applicant must complete each application form with the required information (narrative and uploaded documentation), even if the information or uploaded documentation was already provided in another application form.
05/14/2020 1. In regards to the Background Checks – is the payment of $10,000 due at the time of the application or at the time they post the notice of the award of license? 2. For the Audited Financial Statements – can a new entity formed for the sole purpose of applying for an application submit an attestation stating that from a CPA, that they have no current financial statements? 3. Another question in regards to the Audited Financial Statements – can tax returns and internal financial statements suffice? 4. Another question in regards to the Audited Financial Statement – would an attestation stating that we’ve submitted documentation for a audited financial statement to be completed suffice? 5. In regards to Zoning: If we’ve reached out to zoning authority officials for zoning approval and ordinances but the government offices are closed (due to COVID), would proof we’ve reached to zoning officials for response suffice? A1. Refer to RFP Section 1.03C: "Payment in the form of a cashier’s check written to the Department of Public Safety in the amount of $10,000 per owner must be submitted immediately following the posting of the notice of intent to award dispensary licenses.” A2. The intent of requesting audited financial statements in regards to the business entity is to determine the financial viability of the applicant’s business. If the business entity has been recently created for the purposes of this RFP, applicants may provide pro forma financial statements developed by the Applicant for business planning purposes. Applicants should respond to each section as completely as possible. An applicant's score may be impacted by incomplete submission of requested information. A3. Refer to Business Organization, Ownership and Financial Structure Form #I-Financial Statements Sections (RFP page 27), for a listing of the statements accepted. Applicants should respond to each section as completely as possible. An applicant's score may be impacted by incomplete submission of requested information. A4. Refer to Business Organization, Ownership and Financial Structure Form #I-Financial Statements Sections (RFP page 27), for a listing of the statements accepted. Applicants should respond to each section as completely as possible. An applicant's score may be impacted by incomplete submission of requested information. A5. If an applicant has not confirmed with the local zoning office that local zoning ordinances allow for a dispensing facility at the proposed physical address, the applicant’s final application will be rejected for failing to include sufficient information to determine whether an RFP requirement has been satisfied. Refer to RFP Sections 1.16C Rejection of Applications/Cancellation of the RFP and 1.25 Waivers and Variances.
05/20/2020 In regards to the Background Checks – is the payment of $10,000 due at the time of the application or at the time they post the notice of the award of license? Refer to RFP Section 1.03C: "Payment in the form of a cashier’s check written to the Department of Public Safety in the amount of $10,000 per owner must be submitted immediately following the posting of the notice of intent to award dispensary licenses.”
05/20/2020 2. For the Audited Financial Statements – can a new entity formed for the sole purpose of applying for an application submit an attestation stating that from a CPA, that they have no current financial statements? The intent of requesting audited financial statements in regards to the business entity is to determine the financial viability of the applicant’s business. If the business entity has been recently created for the purposes of this RFP, applicants may provide pro forma financial statements developed by the Applicant for business planning purposes. Applicants should respond to each section as completely as possible. An applicant's score may be impacted by incomplete submission of requested information.
05/20/2020 question in regards to the Audited Financial Statements – can tax returns and internal financial statements suffice? Refer to Business Organization, Ownership and Financial Structure Form #I-Financial Statements Sections (RFP page 27), for a listing of the statements accepted. Applicants should respond to each section as completely as possible. An applicant's score may be impacted by incomplete submission of requested information.
05/20/2020 in regards to the Audited Financial Statement – would an attestation stating that we’ve submitted documentation for a audited financial statement to be completed suffice? Refer to Business Organization, Ownership and Financial Structure Form #I-Financial Statements Sections (RFP page 27), for a listing of the statements accepted. Applicants should respond to each section as completely as possible. An applicant's score may be impacted by incomplete submission of requested information.
05/20/2020 5. In regards to Zoning: If we’ve reached out to zoning authority officials for zoning approval and ordinances but the government offices are closed (due to COVID), would proof we’ve reached to zoning officials for response suffice? If an applicant has not confirmed with the local zoning office that local zoning ordinances allow for a dispensing facility at the proposed physical address, the applicant’s final application will be rejected for failing to include sufficient information to determine whether an RFP requirement has been satisfied. Refer to RFP Sections 1.16C Rejection of Applications/Cancellation of the RFP and 1.25 Waivers and Variances.
05/25/2020 If an owner is listed on the Intent to Apply, but has since left the company in the course of normal business operations, how should an applicant address the situation in the Final Application? If the business entity ownership of an applicant’s final application is different than that of the pre-application/intent to apply, it does not need to specifically be addressed. Applicants are only held accountable to the ownership information they submit within their final application.
05/25/2020 How will the Department measure property setbacks for the 1,000 ft. restriction on locating near a public or private school? Door to door, property line to property line, etc. The distance should be measured from property line to property line, such that the shortest distance between the properties is at least one thousand feet
05/25/2020 Does the Department have a list of approved point-of-sale systems that will interface with the Secure Sales and Inventory Tracking System it can provide to applicants? No, the Department does not have a list of approved point-of-sale systems. Applicants should review the RFP attachment, “IDPH Production DISP API guide V3_1”, with a point-of-sale vendor to determine whether the vendor can successfully integrate with the Secure Sales and Inventory Tracking System.
 
 
 
 
 
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