RFP Medical Tourism English

COMMONWEALTH OF PUERTO RICO

PUERTO RICO MEDICAL TOURISM CORPORATION

REQUEST FOR PROPOSALS

DATE: SEPTEMBER 16, 2014

CONCIERGE FOR THE PROJECT OF MEDICAL TOURISM

DEADLINE FOR THE SUBMITAL OF PROPOSALS: NOVEMBER 1 2014

2

TABLE OF CONTENT:

A. Introduction ..............................................................................................................3

1.1 Purpose and Background ...............................................................................3 1.2 Definitions......................................................................................................3 1.3 Minimum Requirements to Qualify as a Proponent ......................................5

B. Request for Proposals ..............................................................................................6

2.1 Coordinator of the Request for Proposals .....................................................6 2.2 Estimated Itinerary of the Activities Related to the Request for Proposals ...6 2.3 There is no obligation to Execute a Contract .................................................7 2.4 Complete Acceptance of the Terms and Conditions......................................7 2.5 Filing of Proposals .........................................................................................7

C. Content of Proposals ................................................................................................8

3.1 Terms and Conditions ....................................................................................8

3.2 General Documents of the Proposal ..............................................................9

3.3 Financial Proposal ..........................................................................................10

3.4 Technical Proposal .........................................................................................11

3.5 Administration of the Tasks ...........................................................................12

D. Evaluation of Proposals and Reconsiderations ....................................................13

4.1 Procedure of Evaluation .................................................................................13

4.2 Evaluation and Grading .................................................................................13

4.3 Communications between the Corporation and the Proponents during the ...

evaluation of Proposals ..................................................................................14

4.4 Notification to the Proponents .......................................................................15

4.5 Objections and Reconsideration ....................................................................15

E. General Conditions for Negotiations and Possible Award of Contract ..............16

F. Information of Relevant Government Entities......................................................16

3

A. INTRODUCTION

Greetings on behalf of the Commonwealth of Puerto Rico. We are addressing you as part

of our efforts to develop the Medical Tourism in the Puerto Rico. The Commowealth of Puerto

Rico is proposing this project as part of the joint effort of the Department of Economic

Development and various governmental entities.

Since many decades ago the Commonwealth of Puerto Rico has been making effects in

order to develop different industries in our country. Among this efforts is the development of

Medical Tourism in Puerto Rico, which is among the areas of greater growth internationally. The

latter is consistent with providing medical and health services for tourist and travelers of

different jurisdiction.

Medical Tourism is an industry that reflects a great potential for development during the

years to come. As a consequence, the House of Representatives approved Act Number 196 on

December 15 2010, also known as the Medical Tourism of Puerto Rico Act.

Medical and health facilities in Puerto Rico are of first class. Therefore the Department of

Economic Development and Commerce and other government agencies are developing projects

to promote and develop the medical tourism and bring out the maximum benefit to the medical

and health facilities in Puerto Rico, so that the medical tourism will develop into a substantial

component of our economy including the development of employments.

This request for proposals is lead by the Puerto Rico Medical Tourism Corporation, a

subsidiary of the Puerto Rico Tourism Company, with the purpose of encouraging the medical

tourism sector and executing the public policy of the Commonwealth of Puerto Rico.

1.1 PURPOSE AND BANCKGROUNG

Puerto Rico is proposing a National Project (in spanish, Proyecto de Pas) that includes the development of the Medical Tourism industry in Puerto Rico, specifically the area of proving

medical and health services to tourist and travelers that come from different jurisdictions.

The Puerto Rico Medical Tourism Corporation is requesting proposals to Proponents

interested in providing the services specified in this Application for Proposals, consistent in

serving as the concierge between the patients from abroad that wish to receive medical services

from providers certified in Puerto Rico.

1.2 DEFINITIONS

The definitions for purposes of the Request for Proposal include the following:

a. Adjudication of Request for Proposal- The act on behalf of which the Corporation notifies all the proponents, in accordance with the procedure

established in this Request for Proposals, the Prevailing Proponent, in order to

continue the negotiations and the execution of the contract.

4

b. Evaluation Committee- Group designated by the Corporation to select the Prevailing Proponent. This group is composed by the Secretary of the DDEC, the

Executive Director of the Tourism Company, the Executive Director of the

Commerce and Exportation Company, the Executive Director of the

Cardiovascular Center of Puerto Rico and the Caribbean and two professionals in

the medical field designated by the Executive Director of the Tourism Company

of the Government of the Commonwealth of Puerto Rico.

c. Company or Tourism Company- Tourism Company of the Government of the Commonwealth of Puerto Rico

d. Contract- The written contract, issued and executed by the Corporation and the Prevailing Proponent, as established in the present Request for Proposal and its

respective exhibits. By participating in this process of Request for Proposals, the

Corporation is not bound to execute the contract.

e. Corporation- Puerto Rico Medical Tourism Corporation, a corporation organized under the laws of the Commonwealth of Puerto Rico, created by Act No. 10 of

June 18, 1970, as amended, also known as Puerto Rico Tourism Company Act, as a subsidiary entity of the Puerto Rico Tourism Company.

f. ELA- Government of the Commonwealth of Puerto Rico. It also includes its agencies, instrumentalities, public corporations and/or municipalities.

g. DDEC- Department of Economic Development and Commerce.

h. Deadline to file proposals- last day in which the proposals have to be received by the Corporation, as specified in the cover page of the Request for Proposals and in

the activities established in the present Request for Proposals.

i. Applicable Law - It means any law, statute, ordinance, code, rule or regulation whether state or federal, and any other order, mandate, requirement,

determination, execution or, concession of any governmental body either state or

federal that is in effect or is applicable in the future, or any agreement or contract

binding with any governmental entity state or federal including technical

standards codes and specifications.

j. Execution of the Contract- the act of signing the Contract on behalf of the Corporation and the Prevailing Proponent.

k. Proponent- The individual, corporation, partnership, or any other judicial person authorized to do business in Puerto Rico, that issues a proposal, as established in

the Request in anticipation of the Contract.

5

l. Prevailing Proponent-Proponent that submits the Proposal accepted by the Corporation.

m. Proposal- a formal offer submitted in response to the present Request for Proposal.

n. Alternate Proposal- Proposal of additional and/or different elements to the ones established in the present Application for Proposal.

o. Application for Proposal- documents through wish the corporation requests and pretends to obtain the best Proposal of servicers as defined in this Request.

1.3 MINIMUN REQUEREMENTS TO QUALIFY AS A PROPONENT

For Request for Proposals, the Corporation will only allow the participation of

Proponents that are authorized to do business in compliance with the laws of ELA. The

Proponents shall submit the following documentation:

a. A copy of the Certificate of Incorporation.

b. A copy of the Corporate Statutes.

c. A copy of the licenses and certifications of the Proponent to do business in the Commonwealth of Puerto Rico.

d. A certificate of Good Standing issued by the Department of State

e. A list of the Directors, officials and shareholders.

f. A declaration whereby the Proponent recognizes that has read and understood the terms and conditions as described in the Request for Proposals.

Every proponent shall submit the documents requested in this section and in any other

portion of this Request for Proposal. The Corporation will verify the compliance with the

requirements set for herein. The Corporation will automatically disqualify Proponents that do not

comply with any one of the Mandatory Elements requested in the Present Request for Proposal.

6

B. REQUEST FOR PROPOSALS

2.1 COORDINATOR OF THE REQUEST FOR PROPOSALS

The Coordinator of the Request for Proposal is the only contact person of the Corporation

for this process of proposals. All the communications between the Proponent and the

Corporation after the receipt of the present Request for Proposal will be through written

communications sent by regular or electronic mail, addressed to the Executive Director of the

Corporation, as the Coordinator of the Request for Proposal at:

Sr. Francisco Bonet Rivera

PO Box 362350

San Juan, PR 00936-2350

Tel. (787) 765-2900

E-mail: [email protected]

Any other form of communication will be considered unofficial and not binding to the

Corporation. The Proponent shall only rely on written communications issued by the

Coordinator of the Request for Proposal. The communications addressed to any other party other

than the Coordinator of the Request for Proposal could lead to the denial of the Proposal.

2.2 ESTIMATED ITINERARY OF THE ACTIVITIES RELATED TO THE

REQUEST FOR PROPOSALS

The estimated itinerary for the activities related to the Request for Proposals is detail bellow:

Deadline Matter

September 16 de 2014 The Corporation will submit the Request for

Proposals.

September 30 de 2014

(10:00 am) Meeting with all the interested parties

November 1 2014

(on or before 3:00pm)

Dealine for the Proponents to submmit the

Proposals.

The Corporation reserves the right to review the itinerary at any moment as it deems

necessary. In said instance, the Corporation will notify the proponents through regular or

electronic mail of any modification to the itinerary. The non receipt of any written

communication will not discharge the Proponents of their obligation to comply with the

modifications. For said reason, the Proponents shall be diligent and take the necessary measures

in order to be informed of events related to this Request for Proposal.

The Corporation shall summon one (1) or more meetings before the deadline for the

presentation of Proposals in order to provide a general discussion of the requirements established

in the Contractual Clauses. The Corporation urges the Proponents to participate in said meetings.

7

The Proponents can submit questions, require clarifications, or request more information

regarding the technical specifications of the Request for Proposals no later than five (5) days

prior to the deadline for the presentation of the Proposal, as established in the present Request for

Proposal. The answers to said questions, clarifications and/or requests for information will

written and electronically sent to all the Proponents, no later than three (3) labor days prior to

the deadline to present the Proposals.

2.3 THERE IS NO OBLIGATION TO EXECUTE A CONTRACT

Even though ELA and the Corporation are performing this Request for Proposal, there is

no obligation to adjudicate the Request for Proposal or execute a Contract.

2.4 COMPLETE ACCEPTANCE OF THE TERMS OF THE CONTRACT

By submitting a Proposal in response to this Request for Proposals, the Proponent accepts

and agrees to follow and be subject to the procedures, terms, conditions and instructions here

established. As part of the requirements of the present Request for Proposal, each Proponent

shall complete a Declaration of Acceptance of the Terms and Conditions. See Exhibit A.

2.5 FILING OF PROPOSALS

In response to the Request for Proposal, the Proponents shall submit one (1) original and

seven (7) copies of the Proposal; in addition to one (1) electronic copy of the Proposal. The

Proposals will be submitted in a sealed envelope or box. The Proponents shall identify each

envelop or box with the following information:

a. Title

b. Name of the Company

c. Physical address

d. Postal Address

e. Telephone number

f. Fax number

g. Web site address

h. Name of the contact person, including the position occupied and the contact information.

The sealed envelope or box containing the Proposal shall contain the necessary

documents in order to demonstrate compliance with all the requirements established in the

request for Proposal.

The Proposals shall be delivered in the form previously indicated, no later than 3:00pm

on the deadline to file the Request for Proposal. In addition, the electronic copy of the Proposal

shall be received by the Coordinator of the Request for Proposals prior to the 3:00pm deadline.

If the Proposal is not received by the above mentioned time and date, the Proposal will be

considered incomplete and disqualified.

8

The proposal will be valid from the date it is submitted until its final adjudication.

By submitting a Proposal, the Proponent certifies knowing and accepting the terms and

conditions regulating the bidding process of this Request for Proposal. Also, the Proponent

certifies that all the information provided is true and correct. Submitting false or incorrect

information on the Request for Proposal could result in the elimination of the Proponent from the

bidding process.

The Proponent shall be responsible for all the costs and expenses incurred and related to

the preparation and development of the Proposal in response to the Request for Proposal.

C. CONTENT OF THE PROPOSALS

3.1 TERMS AND CONDITIONS

The required elements in order to participate and be considered as an operator of the project

are:

a. Technical and Operation Capacity (experience) of the Proponent- the experience of the organization of the Proponent will be evaluated on its technical and operational

points of view in the development phase and in the implementation of the same.

Additionally, its capacity and experience in the financial development of this type of

projects will be evaluated.

b. Technical Viability of the Proposal- The Proposal shall comply with the requirements established by Applicable Law and the Request for Proposal. To determine the

viability of the proposal, the technical qualifications and alternatives included in the

operations model will also be evaluated.

c. Financial Offer of the Proposal The financial scheme for the operation of this initiative will be sustained with funds from the ELA for a maximum period of two (2)

years, with the aim that once said period of time elapses, the entity will be self-

sufficient and self- sustainable in all of its aspects. The Proposals will be evaluated

taking into consideration the framework that requires less public funds, together with

the rest of the requirements.

The Proponents shall contemplate that the Corporation will contribute the maximum

amount of $500,000.00 in order to finance the operational activities and logistics for a

maximum period of two (2) years. After said date, the monies generated as a

consequence of the operational and logistic activities as described in the present

Request for Proposal will be the only source of income in order to finance the

promotional, operational and logistic activities.

Regarding the aforementioned, it is important to note that during the first two (2)

years of operation of the Medical Tourism Project, the ELA will make a contribution

of 100% of all the promotional and marketing costs that will be incurred by the

9

concierge. After said term, the ELA will contribute up to a maximum of 50% of the

aforementioned costs, subject to the terms and conditions agreed by the parties.

3.2. GENERAL DOCUMENTS OF THE PROPOSAL

a) Certification of Proponent pursuant to Act No. 428-2004: The Proponent must include with the proposal a sworn statement, as detailed in Exhibit B, in which the

proponent express that: (I) is in compliance with Act No. 428 of September 22, 2004,

as amended, which requires contractors who provide services to ELA, to certify that

the Proponent and its officers have not been convicted of any of the crimes in the

above-mentioned law; (ii) acknowledges, represents and warrants that no officer or

employee of the Corporation, its parent company or subsidiaries, have direct or

indirect interest in the rights of the Proponent, given the latter signs this Agreement,

as accordance to Act No. 84 of 2002, as amended, known as the Code of Ethics for

Contractors; and (iii) certifies that it will comply with the provisions of Act No. 1 of

January 3rd

of 2012, as amended, known as the Government Ethics Law of Puerto

Rico.

b) Compliance Certification: The Proponent must include with the proposal an sworn statement stating whether, in the last five (5) years, any contract with any other entity,

governmental or otherwise, was cancelled or terminated. If certified in the

affirmative, detail reasons why the contract was cancelled or terminated, including

the name of the granting parties, address and phone numbers. The Corporation will

evaluate the facts and may reject motu proprio the Proposal based on past experiences

of the Proponent. See Exhibit C.

c) Conflict of interest and other matters: The Act No. 237 of August 31, 2004, as amended, requires every professional service or consultant doing business with ELA

to include certain provisions related to conflict of interest. For which reason, every

Proponent will need to complete documentation certifying the absence of conflict of

interests. See Exhibit D. In addition, in order to be awarded a contract with the

Corporation, the Prevailing Proponent shall demonstrate full compliance with

government permits and certifications, by obtaining and delivering, (i) two (2)

certificates issued by the Treasury Department of Puerto Rico: one certifying the

absence of tax debts or the existence of a payment plan; and the other certifying the

filing of income tax returns for the past five (5) years; (ii) one (1) certification issued

by the Municipal Revenue Collection Center (CRIM for its spanish acronym), proving the absence of tax debts or the existence of a payment plan, among others. As

well, the Act No. 237, supra, will require additional clauses to be included in the

Agreement.

d) Executive Summary: The Proponent must present an Executive Summary that shall include; (i) the legal status of the Proponent (sole proprietorship, partnership,

corporation, etc.), (ii) the year the Proponent was organized to do business in its

current legal status, (iii) the Employer Tax Identification number or Social Security

number, (iv) Proponents experience in similar projects, (v) the main elements of the

10

Proposal, and (vi) the designated primary contact person.

e) Financial Information: Each Proposal must include the financial statements of the Proponents past three (3) fiscal years, each one certified by a Certified Public Accountant under the ELAs laws. The Corpoaration may, at its own discretion, request from the Proponent a letter of credit subscribed by a high-ranking officer of a

financial institution duly authorized to do business in ELA.

f) Local products and services: As required by Act No. 14 of January 8, 2004, as amended, the Proponent, in a possible and applicable scenario, must use goods and

products extracted, produced, assembled, packaged or distributed in Puerto Rico by

companies or agents operating in Puerto Rico.

3.3 FINANCIAL PROPOSAL

The evaluation process is designed to award this procurement not necessarily to the

Proponent of least cost, but rather to the Proponent whose Proposal best meets the requirements

of this RFP. However, Proponents are encouraged to submit Proposals which are consistent with

ELAs efforts to conserve its resources.

Proponents should contemplate that the Corporation will only finance operations and

logistics activities for a period of two (2) years. The maximum amount funded shall be five

hundred thousand dollars ($ 500,000). After funds reached its maximum amount, the sole source

of income will be monies generated by the operations and logistics activities described in this

RFP.

In addition, during the first two (2) years of the Medical Tourism project operations, ELA

shall contribute one hundred percent (100%) of promotion and marketing costs incurred by the

Facilitator (concierge). After said term, ELA will provide fifty percent (50%) of the above costs.

The promotional initiatives will be carried out with the input and coordination of the selected

management group.

The Proponent must submit a Financial Proposal based on American Dollars ($), in

figures and in words and shall include all costs and expenditures, including personnel costs and

expenses necessary to achieve tasks set out in this RFP . In addition, a business plan must be

submitted demonstrating, within a maximum time frame of two (2) years, the course to steer the

operation into achieving financial independence from government funds of the Corporation or

any other ELA entity. In the proposal, the Proponent shall specify the distribution of funds for

the five hundred thousand dollars ($ 500,000) provided by ELA (e.g., for the first year, four

hundred thousand dollars ($ 400,000) and for the second year, a hundred thousand dollars ($

100,000) ).

3.4 TECHNICAL PROPOSAL

The Proposal shall include information which would allow the Corporation to assess the

areas detailed below. The Technical Information should include a work plan indicating the

11

methodology and enforceable timetable, broken down according to the tasks in this RFP, for

implementing the project of Medical Tourism.

The Prevailing Proponent will have to perform the following tasks and duties:

a. Coordinate patient care.

b. Guide the patient through the entire process and make sure the patient get results

and positive experiences.

c. Serve as an intermediary between the patient and/or the medical plan and service

providers.

d. Provide the patient and/or health plan, according to their needs, a list of hospitals

and certified specialists that perform medical procedures.

e. Provide the patient information regarding the approximate cost of procedures and

how long the patient should remain in Puerto Rico.

f. Coordinate telephone calls or any other type of communication between the

potential patient and/or health plan and the doctor to perform the procedure; and

also, between the medical services provider in the country of origin and the

specialist in Puerto Rico.

g. Provide the patient and/or medical plan detailed information about Puerto Rico as

a destination.

h. Transfer, to the center where the medical services will be offered, the medical

information of the patient, taking into account the laws, regulations and protocols

applicable for such transfers in Puerto Rico, United States and the country of

origin.

i. Coordinate and/or process for the services offered, the payment issued by the

patient.

j. Make arrangements related to the patients passports, visas, flights, lodging, and

air transportation, maritime and/or terrestrial.

k. In relation to the services to be rendered, send the patient a complete itinerary,

recommendations and contact numbers.

l. Keep constant contact with the patient and/or health plan and the specialists

during their stay on the island.

m. Follow-up with the patient after returning to its place of origin.

n. Coordinate phone calls, appointments, and surgical procedures, as recommended

or required for each particular case.

o. Coordinate transportation services from the airport and all the destinations to be

visited by the patient during stay in Puerto Rico.

p. Coordinate, as needed or requested, lodging services, transportation, and any type

of tours.

q. Coordinate hospital or treatment centers admission on the island.

12

r. Have contact, during and after surgical procedures, with family, primary medical

care, tutor, guardian or any contact persons.

s. Service evaluation: develop documentation, in order for the patient and their

families, to evaluate the services offered (e.g., quality of services offered,

treatment from the doctor and the hospital institution, services offered by the

facilitator and whether they would recommend to a family member services

received in Puerto Rico); in addition, to the audit by the Corporation and results-

driven quantitative analysis for improvement purposes.

t. Manage a call center, available twenty-four (24) hours and seven (7) days a week,

having nurses and doctors available to respond to the calls.

u. In conjunction with the Corporation and the entity responsible for certifications

and trainings, the Facilitator, as part of Medical Tourism Program, must

contribute to the development of a standardized price chart for medical

procedures to be performed, and negotiate economic agreements with healthcare

plans outside of Puerto Rico.

v. In conjunction with the Corporation and the entity responsible for certifications

and trainings, the Facilitator has to make efforts to market and advertise services

of the Medical Tourism Program. The Corporation, for the first two (2) years, will

take care of marketing and advertising services of the entity. From the third year

on, the Facilitator will hire marketing and advertising services for the Medical

Tourism Program.

3.5 ADMINISTATION OF TASKS

The proponent shall include a detailed description of the services offered, including the

following elements:

a. Project Management:

i. Project Team Structure: Provide a description of team structure in

charge of development and implementation of the project and internal

controls to be used during the course of the project, including any

subcontractors. Provide an organizational chart of your firm indicating

lines of authority for the personnel that will be involved in

performance of the project and the relationship of this staff to other

programs or functions of the Proponent. This chart must also show

lines of authority to the next senior level of management. Also include

the names of the Proponent personnel with the primary responsibility

and final authority over the work.

ii. Staff Qualifications/Experience: Identify staff, including

subcontractors, who will be assigned to the project, indicating the

13

responsibilities and qualifications of such personnel.

b. Experience of the Proponent

A general description of the company that is bidding shall be included; in

addition to their experience in relevant projects, the Proponent should not

have any conflict of interest if carrying out similar initiatives in other

jurisdictions.

D. EVALUATIONS OF PROPOSALS AND RECONSIDETRATIONS

4.1 EVALUATION PROCEDURE

Proposals will be strictly evaluated by the Evaluation Committee in accordance with the

requirements stated in this RFP and any addenda issued. However, the Corporation may request

additional information from the Proponents to assist the Corporation in evaluating the Proposals.

The Evaluation Committee shall rank Proposals pursuant to their compliance with evaluation

criteria.

4.2 EVALUATION PROCEDURE

Proposals will, in general, be evaluated based on price, compliance with the Technical

Specifications, and any other evaluation criteria set forth on this RFP.

The Proposals will be evaluated by the following criteria:

a. Technical and Operation Capacity (experience) of the Proponent The evaluation

will assess the experience of the Proponents organization from a technical and

operational perspective, both in the development phase, and the implementation

thereof. In addition, their ability to finance a project of this type will be evaluated.

b. Technical Viability of the Proposal - Compliance with the parameters required by

applicable regulations and this RFP. The viability score obtained in the technical

qualification and alternatives in regards to the proposed operation model will also be

evaluated.

c. Financial Offer of the Proposal - will assess ability to financially develop a project of

this type, according to the conditions set out in this RFP, including the initial funds

provided by the Corporation, as well as, mechanisms necessary to achieve self-

sustainability for the shortest time possible, to a maximum of two (2) years. As

specified in the previous sections of this solicitation, the Corporation will provide

monies to fund the activity for a maximum of two (2) years. After that date, the

monies generated by the operations and logistics activities, as described in this RFP,

14

will be the sole source of revenue funding the whole operation which includes

promotional activities, operations and logistics. Within two (2) years above-

mentioned, ELA shall contribute one hundred percent (100%) of the costs of

marketing and promotions incurred by the Facilitator (concierge). After the said term,

only fifty percent (50%) of the above costs will be funded by ELA.

Criteria Evaluation Table

Criteria Ponderacin Puntuacin

Operational and Technical Capacity 1/3

Technical Feasibility of the Proposal 1/3

Economic Bid Proposal 1/3

The evaluation criteria described above are for illustrative purposes only and not to be

considered as an exhaustive list of the evaluation factors. The Corporation may add other

evaluation factors as it deems necessary.

Before awarding a contract, the Corporation shall be authorized to negotiate the terms

and conditions, as well as the performance of the contract. After negotiations, the Corporation

may apply for a Final and Improved Proposal for the sole purpose of granting the proponent an

opportunity to review and modify its initial proposals. The Corporation will analyze and qualify

these new offerings using the elements deemed relevant at that time.

4.3 COMMUNICATIONS BETWEEN THE CORPORATION AND THE

PROPONENTS DURING THE EVALUATION OF PROPOSALS

a. General Communications

The Corporation is committed to protecting the integrity and transparency of the RFP.

The Corporation is also committed to obtaining the most efficient services. In order to balance

these interests, communications between the Proponent and the Corporation shall comply with

the requirements of this RFP.

The Corporation will initiate communications with one, several, or all Proponents, if any

of the following occur:

i. The Corporation identifies a mistake or need to clarify information provided in

the RFP or its Exhibits;

ii. A Proponent has submitted to the Corporation information that requires

clarification in order to meet criteria and evaluate merits of the proposal;

15

iii. One or more Proponents have not satisfactorily submitted all documentation and

information required by this RFP, and the Corporation deems it necessary and

appropriate in the public interest, not to reject the proposal; or

iv. Any other reason for which the Corporation understands to adversely affect the

efficiency of this RFP and the best public interest.

b. Oral presentations

The Corporation, at its sole discretion, may request any Proponent to provide an oral

presentation of its Proposal. The purpose of this presentation will be to clarify any questions

regarding the requirements of the RFP and, to ensure compliance with specifications, confirm its

terms are understood by the Proponent. The Corporation will contact the Proponent to arrange a

date, time and place for the presentation. After each presentation, the Corporation may require

the Proponent to submit a written confirmation of the terms clarified during the presentation.

Previous to awarding the RFP, any information related to a proposal or evaluation will

not be discussed with any party other than the Proponent submitting information and the

personnel involved in the evaluation and selection process.

4.4 NOTIFICATION TO PROPONENTS

The Successful Proponent, as well as, non-winning Proponents will be notified via

certified mail.

4.5 OBJECTIONS AND RECONSIDERATION

a. Request for Reconsideration

Any Proponent adversely affected by a decision made by the Corporation in connection

with the selection and award procedures, provided in this RFP, may submit a request for

reconsideration to the Executive Director of the Corporation in accordance with the Uniform

Administrative Procedure Act, Law No. 170 of August 12, 1988, as amended, and the

Corporations regulations, within ten (10) days from the notification date. Such application shall be considered within ten (10) days after presented. If a determination is made on motion, the

period for requesting a reconsideration request will consist of ten (10) days, like any objection or

protest shall be in writing and identify the name and address of the requesting party; shall include

the reasons for making the request, including copies of relevant documents; and shall specify the

relief sought.

Protests based on alleged restrictive specifications, violations of law or regulations, or

other alleged improprieties in the solicitation process which are apparent prior to the Proposal

Due Date shall be submitted no later than five (5) working days after these occurrences became

or should have been apparent to the Proponent submitting the protest. A request for

reconsideration shall not stay any action of the Corporation related to the procurement process.

16

A request for reconsideration or objections that does not comply with the terms the

applicable law or in this RFP will be rejected outright or denied within ten (10) days after being

filed.

If a determination is made on the motion, the term to apply for judicial review with the

Court of Appeals shall be counted from the date on which a copy of the notification of the

decision of the Corporation is filed in the case. If the Corporation fails to take any action with

respect to the request for reconsideration within ten (10) days after presented, it shall be deemed

to have been outright rejected and, thereafter, the term shall run for judicial review with the

Court of Appeals.

E. GENERAL CONDITIONS FOR NEGOTIATIONS AND POSSIBLE AWARD OF CONTRACT

The Prevailing Proponent shall enter into negotiations with the Corporation and

eventually sign Contract. The Corporation will evaluate requested exceptions and accept or reject

in accordance to their assessment.

Negotiations will be conducted in good faith between the Prevailing Proponent and the

Corporation. However, the Corporation may terminate the same, in its sole discretion and

without any penalty, if it determines the negotiations do not serve the public interest.

The proposal submitted by the Prevailing Proponent will be, in its entirety, incorporated

to the Contract. Any exceptions to the stated above should be agreed by the Corporation and the

Prevailing Proponent (the parties) before granting the Contract.

F. INFORMACIN OF RELEVANT GOVERNMENTAL ENTITIES

Department of Economic Development and Commerce (DDEC) http://ddec.pr.gov/es/

Tourism Company of Puerto Rico http://www.gotopuertorico.com

17

EXHIBIT A

DECLARATION OF ACCEPTANCE OF THE TERMS AND CONDITIONS

Puerto Rico Medical Tourism Corporation

Commonwealth of Puerto Rico

[Postal Address]

Attention: Coordinator for Request for Proposals

Re: FACILITATOR MEDICAL TOURISM PROJECT

RFP # _______

I, ___________________________, in representation of ___________________ (Proponents Name), declare that ____________________________(Name of Proponent) has read, understood, and

accepted the terms and conditions descrbied in the Request for Proposal.

Sincerely,

Signature: _______________________

Name:__________________________

Position:________________________

In ____________________________, Puerto Rico, dated this _______ day of _____________,

2014.

In (city or town), Puerto Rico, dated this _______ day of _____________, 2014.

AFFIDVIT No. _____

Sworn to and subscribed before me by _________________, of age, (marital status),

(occupation), resident (village), Puerto Rico, whom I know by (personal knowledge or identification

method).

__________________________

Notary Public

18

EXHIBIT B

SWORN STATEMENT OF COMPLIANCE UNDER THE

ACT NO. 458-2000 AS AMENDED



[Postal Address]



RFP # _______

I, ___________________________,(occupation), in representation of

___________________(Proponents Name), of age, (marital status), resident of ______, under the most solemn oath, certify the following:

1. My name and other circumstances are expressed above.

2. I provide the following sworn statement in compliance with the provisions of Act No. 428 of 22 September 2004, which imposes the obligation for any natural or legal person intending to

participate in the award of a auction or the awarding of a contract with any agency or instrumentality,

public corporation or municipality, to submit a sworn statment informing of any convictions or guilty

verdicts related to provisions contained in article 3 of Act No. 458 Of 29 December 2000, as amended.

3. For this reason, I certify that in relation to the provisions of Act No. 428, supra, I have not been convicted or found guilty of any of the following crimes:

Aggravated Illegal misappropriation, in all its forms, extortion, construction fraud (if

damage is caused to persons or property), fraud in the execution of construction works (if

damage is cause to persons or property), undue interference in the process procurement of

auctions or government operations, bribery in all its forms, undue influence, crimes

against public funds, preparing false writings, submitting false writings, forgery,

possession and transfer of forged documents, conspiracy, destruction or mutilation of

documents, concealment (if the offense is serious concealing, fraud in the delivery of

license, certificate or other documentation, concealment (if the crime is a misdeameanor,

hinder a Public Official in debt collection).

4. For purposes of federal jurisdiction, state or territory of the United States of America or any other country, it shall apply the prohibition here contained in this sworn statement in cases of

conviction for offenses whose elements are equivalent to those contained in paragraph five (5) of this

sworn statement.

5. In addition, I note, that I am not under investigation or any criminal proceedings for acts related to the offenses listed above, at this time. I pledge and undertake to immediately report if ever

result of investigation or criminal proceedings for acts related to these crimes.

6. The declarant acknowledges, represents and warrants that no officer or employee of the Commonwealth shall have direct or indirect interest in the rights of (Name of Proponent), if finally

19

signing Contract, as established by Act No.. 84 of 2002, as amended, known as the Code of Ethics for

Contractors.

7. The declarant also certifies that (Name of the Proponent) shall comply with the provisions of Act No. 1 OF 3 January 2012, as amended, known as the Government Ethics Laws of

Puerto Rico.

8. Everything declared is true and not at all more truth, on penalty of incurring the crime of perjury.

IN WITNESS WHEREOF, I give this affidavit to comply with the provisions of the regulations in force.

And for the record, and hereunto swear before a notary public.

In ____________, Puerto Rico, dated this _______ day of ____________2014.

Signature: _______________________

Name:__________________________

Position:________________________


AFFIDVIT No. _____

SWORN and SUBSCRIBED before me by _________________, of the above stated

circumstances, whom I personally know or I have identified by means of _________________.

__________________________

Notary Public

20

EXHIBIT C

COMPLIANCE CERTIFICATION



[Postal Address]



RFP # _______

I, ___________________________,(occupation), in representation of ____________

(Proponents Name), of age, (marital status), resident of ______, under the most solemn oath, certify the following:

1. My name and other circumstances are expressed above. 2. Certify, that in the last five (5) years, (Name of Proponent) has not had cancelled or

terminated any contract with the Commonwealth of Puerto Rico, the government of the

United States, or any private institution in Puerto Rico, United States or abroad. [In the

alternative, having cancelled or terminated any contract, detail in this paragraph the

reasons why the contract was cancelled or terminated, and include the name of the

granting parties, address and phone number.]

3. Everything declared is true and not at all more truth, on penalty of incurring the crime of perjury.

IN WITNESS WHEREOF, I give this affidavit to comply with the provisions of the regulations in force.

And for the record, and hereunto swear before a notary public.

In ____________, Puerto Rico, dated this _______ day of ____________2014.

Signature: _______________________

Name:__________________________

Position:________________________


AFFIDVIT No. _____

SWORN and SUBSCRIBED before me by _________________, of the above stated

circumstances, whom I personally know or I have identified by means of _________________.

__________________________

Notary Public

21

EXHIBIT D

STATEMENT OF CONFLICT OF INTEREST



[Postal Address]



RFP # _______

I, ___________________________, in representation of ___________________ (Proponents Name), declare that ____________________________(Name of Proponent) does not fall under any of the

following prohibitions:

1. Is not an employee of the Department of Economic Development and Trade, the Tourism Company of Puerto Rico and/or the Puerto Rico Medical Tourism Corporation.

2. Is not an employee of the Commonwealth of Puerto Rico. 3. Knows of any natural or legal person, other than, the Proponent who has interests on the

current proposal.

4. There is no agreement with other Bidders participating in this proposal to agree on prices (collusion).

5. Is not a representantive, diplomat or delegate, or other government employee of the Commonwealth of Puerto Rico.

6. Is not a person who is legally incapacitated; in the process of being prosecuted by any criminal court; or convicted of serious criminal offenses.

Sincerely,

Signature: _______________________

Name:__________________________

Position:________________________


AFFIDVIT No. _____

Sworn to and subscribed before me by _________________, of age, (marital status),

(occupation), resident of (village), Puerto Rico(Country), whom I know by (personal knowledge or

identification method).

__________________________

Notary Public