addendum-3-bid-2597-23.pdf
PDF 112 KB Posted
- Attached to
- CONTRACT: Drug Cups
- Solicitation number
- Bid 2597-23
- Issued by
- Merrimack County, New Hampshire
About this file
This is Addendum 3 to Bid Invitation #2597-23 issued by the State of New Hampshire Division of Procurement and Support Services for drug testing cups required by the Department of Safety and Department of Health and Human Services. The solicitation requires vendors to supply four distinct drug cup configurations with specific panel testing capabilities and analyte concentrations, including an 11-panel cup at $1.98 per unit and a 12-panel cup at $2.17 per unit. The cups must include temperature strips, expiration dates of at least two years from manufacture, individual foil packaging with lot numbers, and deliver results within 2–5 minutes of sample collection. The opening must accommodate reliable sample provision without overflow or spillage, and the cup must feature a one-step process with a secure cap suitable for mailing to forensic testing facilities. Delivery is required within twenty business days of order placement to two locations in Concord, New Hampshire: the Department of Safety Warehouse at 41 Hazen Drive and the Department of Health and Human Services at 129 Pleasant Street. The bid closing date was June 7, 2022, at 10:00 AM EST, with the contract commencing September 1, 2022.
The addendum clarifies critical specifications including detailed cutoff levels for all tested substances, such as Amphetamine at 500 ng/mL, Benzodiazepines at 200 ng/mL, Cocaine at 150 ng/mL, Fentanyl at 10 ng/mL, and THC at 50 ng/mL for the Department of Safety, with similar but distinct requirements for the Department of Health and Human Services. The State confirmed that all vendors must bid on all line items to be considered compliant, that no additional drugs beyond those specified may be included in the cups, and that the current incumbent supplier is American Drug Screen Corporation. The addendum also addresses vendor concerns regarding contract terms, confirming that the State will delete insurance and worker's compensation provisions from the standard form, will negotiate audit language to limit access to contract-related records, will allow for modified returned goods provisions recognizing that medical devices cannot be resold even if returned unopened, and will permit the vendor's balance of product line to include additional drug cup configurations for potential future purchase during the contract term.
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Other files
| File | Type | Posted |
|---|---|---|
| addendum-1-bid-2597-23.pdf | ||
| attachment-1-bid-2597-23-rev2.xlsx | XLSX spreadsheet | |
| bid-2597-23-award.pdf | ||
| addendum-2-bid-2597-23.pdf | ||
| bid-2597-23-award.pdf | ||
| bid-2597-23.pdf | ||
| addendum-3-bid-2597-23.pdf | ||
| addendum-1-bid-2597-23.pdf | ||
| attachment-1-bid-2597-23-rev2.xlsx | XLSX spreadsheet | |
| addendum-4-bid-2597-23.pdf | ||
| addendum-4-bid-2597-23.pdf | ||
| bid-2597-23.pdf | ||
| addendum-2-bid-2597-23.pdf |
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Text version
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
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