addendum-3-bid-2597-23.pdf

STATE OF NEW HAMPSHIRE

DIVISION OF PROCUREMENT AND SUPPORT SERVICES

BUREAU OF PURCHASE AND PROPERTY

STATE HOUSE ANNEX

25 CAPITOL STREET

CONCORD, NEW HAMPSHIRE 03301-6398

DATE OF CHANGE: 6/2/2022

ADDENDUM # 3 TO BID INVITATION #2597-23

DATE OF BID CLOSING: 06/07/2022 TIME OF BID CLOSING: 10:00 AM (EST)

FOR: Drug Cups

CLARIFICATIONS:

Question 1: Who is your current supplier?

Answer: American Drug Screen Corporation

Question 2: What is your current price per line item?

Answer:

Question

3: Are you interested in laboratory confirmations on presumptive positives?

Answer: No

Question 4: How many “ship to” locations are there?

Answer: Two (2) locations:

Department of Safety Warehouse 41 Hazen Drive, Concord NH 03301

Department of Health and Human Service Brown Building, Shipping/Receiving Dept.

129 Pleasant St, Concord, NH 03301

Question 5: What is the expected turnaround time about order is placed?

Answer:

DELIVERY TIME:

The successful Vendor shall be required to accomplish delivery of any item ordered under the contract within twenty (20) business days from the placement of the order. The use of a private carrier to make delivery does not relieve the successful Vendor from the responsibility of meeting the delivery requirement.

Item Description Unit Price

11 panel cup w/Amp500,Bar,Bup5,Bzo200,Coc150,Fen,Met500,Mtd,Opi300,Oxy,Thc,+ OX,pH,SG

$1.98

12 panel cup w/Amp500,Bzo200,Coc150,Eddp300,EtG500,Fyl10,K2- 25,MDMA500,Met500,Opi300,Oxy100,Thc50, OX,pH,SG $2.17

Question 6: On page 9 of 14 under Vendor Balance of Products, do you need vendor to supply Laundry Chemicals?

Answer: No.

Question 7: Please provide additional information/description of the products; i.e. package, expiration dates, dimensions of cups, temp strips, etc.

Answer: For the Department of Health and Human Services, the cup needs to be a 12-panel test that includes OX, Ph and SG. There needs to be temperate strip and include expiration dates. Each cup should be packaged separately in its own foil wrap and quantities in each box of test can be up to 25 cups per box. The opening needs to be large enough so that the male and female client can reliably provide a sample without the concern for overflow and spillage. The cup needs to be one-step cup process with no pouring into a separate container. The cup should have results read within 2-5 minute of the sample being collected. The cup needs to sturdy enough so that the cap can be placed on the cup securely so that it can be mailed out for forensic testing, as needed.

Cups should be individually packaged and packaging should indicate both a product lot number and expiration date. The expiry date should ideally be at least two years out from manufacture date. The size and style of cup are less rigid, but should be similar to a standard 100mL urine specimen cup that are widely used in hospitals, laboratories, etc. and should be designed to prevent leaking from the cap area.

Question 8: Please provide cutoff levels for “all” the drugs per panel.

Answer: The panel concentrations required for the Department of Safety are as follows:

• Amphetamine: 500ng/ml

• Barbiturates: 300ng/ml

• Buprenorphine: 5ng/ml

• Benzodiazepines: 200ng/ml

• Cocaines: 150ng/ml

• Fentanyl: 10ng/ml

• Methamphetamine: 500ng/ml

• Morphine: 300ng/ml

• Methadone: 300ng/ml

• Oxycodone: 100ng/ml

• THC: 50ng/ml

The panel concentrations required for the Department of Health and Human Services are as follows:

Substance Minimum cut off levels; NG/ML THC- Marijuana 50

Ethyl Glucuronide (ETG) 300

OPI- Opiates 300

AMP- Amphetamines 500

COC- Cocaine 150

OXY- Oxycotine 100

FYN- Fentenyl 10

MDMA- Methylenedioxy-methamphetamine 500

BZO- Benzodiazepines 200

EDDP/MTD- Methadone 100

MET- Methamphetamine 500

Barbituates (BAR) 300

(Note: I replaced K2 test with BAR)

Ox levels

SG levels

Ph levels

Question 9: Would the State allow vendors to include additional drugs in the cup offered, as long as all of the required drugs are contained within the device?

Answer: No.

Question 10: Would the State allow for a cutoff level of 10 ng/mL instead of 5 ng/mL for Buprenorphine?

Answer: No

Question 11: May vendors only bid on specific line items, or must vendors bid on all items to be considered?

Answer: All items must be bid on to be compliant. The award shall be made to the Vendor meeting the criteria established in the RFB and providing the lowest cost in total.

Question 12: We don’t see the CLIA-waived cups listed in Attachment B Offer Sheet. What volumes are estimated for each of these devices? Are vendors required to bid on these items in order to be considered? EDDP and Methadone (MTD) both test for methadone; can vendors choose one cup to offer from the two options?

Answer: Department of Safety requires that Methadone be the target analytic at the given concentration as we do not confirm for EDDP.

Question 13: Devices with Fentanyl or K2 in them are currently only available for forensic use only, per labeling. Please verify that these devices would only be utilized by agencies for forensic purposes (i.e. not for treatment or diagnosis of a condition).

Answer: Department of Safety cups will be going to the forensic laboratory and will be utilized in the detection of illicit use of drugs and/or compliance with prescribed medication at the behest of the Department of Corrections.

Question 14: On page 6, under Audits and Accounting, would the State consider adding language that limits the audit to records directly related to the Sate’s contract?

Answer: If you are the apparent low, the State will negotiate these terms and conditions requests.

Question 15: Regarding Returned Goods (page 9), rapid drug test devices are considered medical devices. When we deliver these to our customers, we are unable to observe whether proper storage conditions are maintained and therefore cannot sell these devices even if they are returned unopen.

Would the State consider removing the second paragraph or edit it to note that products ordered in error by the State or Eligible Participants will not be eligible for returns?

Answer: The State can agree to this however if the Vendor sends the wrong item(s), the Vendor is responsible to refund the State and supply return shipping at the Vendor’s expense.

Question 16: Please explain the Vendor’s Balance of Product Line Items section (page 9) in a little more detail. We believe the reference to “Laundry Chemicals” was included in error. Does this section instead mean that vendors may provide a list of additional drug testing devices that may be purchased under this contract? Does this have to be provided with the bid or may it be included following award?

Answer:

CURRENTLY READS:

The items in the Offer Section include the items most commonly purchased by State of New Hampshire agencies, and shall be used for award purposes. During the term of contract, the State may purchase other items in relation to Laundry Chemicals from the successful Vendor’s Balance of Product Line. All items ordered shall include all shipping/charges as specified above in “Bid Prices”.

CHANGE TO READ:

The items in the Offer Section include the items most commonly purchased by State of New Hampshire agencies, and shall be used for award purposes. During the term of contract, the State may purchase other items in relation to Drug Cups from the successful Vendor’s Balance of Product Line. All items ordered shall include all shipping/charges as specified above in “Bid Prices”.

Question 17: How long will vendors have between award notification and contract start date? For certain products where the configuration is not a standard stocked product, manufacturing of a new product may take approximately 4 months to obtain sufficient inventory to satisfy the contract; will the State allow for this type of roll-out window between award notice and delivery?

Answer: The new contract starts on September 1, 2022. Depending on any negotiations on the terms and conditions between the apparent low and the State will determine how quickly a contract will be awarded.

Question 18: Regarding section 6 Compliance by Contractor with Laws and Regulations (page 12), would the State consider adding language that limits the audit access to books, records, and accounts directly related to the State’s contract?

Answer: Yes.

Question 19: Regarding section 13 Indemnification (page 13), would the State consider modification of this clause to insert the word “third-party” in front of “claims” so that the Contractor is not required to indemnify against claims made by the State?

Answer: No.

Question 20: Also regarding section 13 Indemnification, would the State consider limiting the claims to those relating to “bodily injury or death or any person or damage to any real or tangible property?”

Answer: Open to negotiate with the apparent low.

Question 21: Also regarding section 13 Indemnification, would the State consider insertion of a survival clause of a limited amount of time such as one year after the agreement ends?

Answer: No.

Question 22: Also regarding section 13 Indemnification, would the State consider insertion of a limitation of liability clause, such as “In no event will the Contractor be liable for any indirect, special, punitive, exemplary or consequential damages of any kind (including reputational harm, lost profits, loss of business, or other similar damages). To the full extent permitted by applicable law, Contractor’s maximum aggregate liability for all claims hereunder including, but not limited to, indemnification, is limited to the amount paid or payable to the Contractor by the State in the 12 months prior to the even giving rise to the claim.”

Answer: No.

Question 23: Regarding section 14 Insurance (page 14), would the State allow for commercial general liability that is on a claims-made basis if the Contractor can add a 2-year tail to the policy?

Answer: Delete Provision 14. Insurance of Form P-37 in its entirety and Delete Provision 15. Worker’s Compensation of Form P-37 in its entirety.

Question 24: Also regarding section 14 Insurance, as this contract does not involve performing activity on the State’s property, would the State consider removing section 14.1.2?

Answer: Delete Provision 14. Insurance of Form P-37 in its entirety and Delete Provision 15. Worker’s Compensation of Form P-37 in its entirety.

PURCHASING AGENT: Erica Brisson E:Mail: NH.Purchasing@das.nh.gov

NOTE: ALL CHANGES TO BID SOLICITATION NOTED IN ADDENDUMS WILL SUPERSEDE PREVIOUSLY SUBMITTED DOCUMENTS AND MUST BE SUBMITTED WITH THE BID. ALL OTHER SPECIFICATIONS REMAIN UNCHANGED AND VALID.

BIDDER ____________________________ ADDRESS ____________________________

BY ________________________________ ____________________________

(this document must be signed)

________________________________ TEL. NO.____________________________

(please type or print name)

Please visit: https://das.nh.gov/purchasing/vendorresources.aspx (click on “Bid and Proposals”) for complete bid and addendums.

mailto:NH.Purchasing@das.nh.gov https://das.nh.gov/purchasing/vendorresources.aspx