CTR022619_ITB022619_DMH077_Contract_V1__9_.pdf

STATE OF OHIO

DEPARTMENT OF ADMINISTRATIVE SERVICES

GENERAL SERVICES DIVISION

OFFICE OF PROCUREMENT SERVICES

4200 SURFACE ROAD, COLUMBUS, OH 43228-1395

MANDATORY USE CONTRACT FOR: MEDICATION BLISTER CARD SUPPLIES

CONTRACT No.: ITB022619

CONTRACT ID: 22619

EFFECTIVE DATES: 4/1/2025 to 1/31/2027

SUPPLIER: OMNICELL INC

The Department of Administrative Services has accepted bids submitted in response to Invitation to Bid No. SRC 0000027046. The evaluation of the bid response(s) has been completed. The Offeror(s) listed herein have been determined to be the lowest responsive and responsible Offeror(s) and have been awarded a contract for the items(s) listed. The respective bid response, including the Instructions to Offerors and Standard Terms and Conditions, special contract terms & conditions, any bid addenda, specifications, pricing schedules and any attachments incorporated by reference and accepted by DAS become a part of this Requirements Contract.

This Requirements Contract is effective beginning and ending on the dates noted above unless, prior to the expiration date, the Contract is renewed, terminated or cancelled in accordance with the Contract Terms and Conditions.

CONTRACT RENEWAL. This Contract may be renewed after the ending date of the Contract solely at the discretion of the Contracting Agency for a period of one month. Any further renewals will be by mutual agreement between the Offeror and the Contracting Agency for any number of times and for any period of time.

The cumulative time of all mutual renewals may not exceed 24 months unless the Contracting Agency determines that additional renewal is necessary.

This Requirements Contract is available to Department of Mental Health and Addiction Servies, as applicable.

Agencies are eligible to make purchases of the listed supplies and/or services in any amount and at any time as determined by the agency. The State makes no representation or guarantee that agencies will purchase the volume of supplies and/or services as advertised in the Invitation to Bid.

This Requirements Contract and any Amendments thereto are available from the OhioBuys public portal at the following address:

https://ohiobuys.ohio.gov/page.aspx/en/usr/login?ReturnUrl=%2fpage.aspx%2fen%2fbuy%2fhomepa ge

Signed: _____________________________________________________________________

Kathleen C. Madden, Director Date https://ohiobuys.ohio.gov/page.aspx/en/usr/login?ReturnUrl=%2fpage.aspx%2fen%2fbuy%2fhomepage https://ohiobuys.ohio.gov/page.aspx/en/usr/login?ReturnUrl=%2fpage.aspx%2fen%2fbuy%2fhomepage

1 - SPECIFICATIONS AND REQUIREMENTS

1.1. SCOPE:

1.1.1. These specifications will cover the purchase of medication blister card supplies, which include cold seal, heat seal, and DOSIS automation machine supplies.

Type Internal Product Number

Omnicell Number Description

Cold Seal 525-62-9030 300-40-B31OV Blister Card Cold Book 31 Cavity Cold Seal 525-62-9018A 300-41-B62 Blister Card Cold Insert 62 Cavity Drug

Package Cold Seal 525-62-9010 300-58 Cold Seal Card Cold Seal 525-62-9058 203-33 Large Amber Bubble Cold Seal Heat Seal 525-62-9000 300-77-B30M Manual 30 Count Blister Heat Seal 525-62-9002 300-80-B60 Manual 60 Count Blister DOSIS Automation Machine 525-62-9032 300-50-B31OV DOSIS Card DOSIS Automation Machine 525-62-9033 L-300-50 DOSIS Lid DOSIS Automation Machine 525-62-9026 L-4345-D DOSIS Non-Perforated Label DOSIS Automation Machine 525-62-9024 L4345-C DOSIS Perforated Label

1.2. APPLICABLE DOCUMENTS:

1.2.1. All applicable section(s) of the Code of Federal Regulations (including Titles 21 and 29).

1.2.2. All applicable section(s) of the Ohio Pure Food, Drug, and Cosmetic Law.

1.2.3. All applicable section(s) of Federal Food, Drug, and Cosmetic Act.

1.2.4. United States Pharmacopoeia (USP), USP38-NF33 or current applicable volume(s).

1.3. GENERAL REQUIREMENTS

1.3.1. The Manufacturer and the Contractor must conform to the Food and Drug Administration, and

OSHA rules and regulations governing the manufacturing, packaging, and distribution of blister cards.

1.3.2. All products, as listed herein, must be suitable for human medicinal use.

1.3.3. All items must have an associated catalog number, and lot or batch number which can be traced to identify defective lot. All items which cannot be used by the Ohio Department of Mental Health and Addiction Servies due to dimensional variances will be considered defective products.

1.3.4. All items must be clean and wrapped and packaged appropriately to ensure cleanliness.

1.3.5. All products must be fit for use for the intended purposes specified herein, and packaging must be appropriate and not excessively difficult to open and use.

1.3.6. Products must be of recent manufacture. Upon delivery the product must have a minimum of 80% of its original shelf life (as manufactured) remaining.

1.3.7. Products for use in the Manchac DOSIS system and Omnicell On Demand system must perform as intended, without jamming or causing any abnormal conditions which impact productivity. All items which cannot be used in these systems due to insufficient product quality, improper design/compatibility, or failure of product to operate normally in these systems will be considered defective products.

2 - STANDARD TERMS AND CONDITIONS

State of Ohio Standard Terms and Conditions (revised 03/01/24) will apply to this Contract.

3 - CONTRACT SPECIFIC TERMS AND CONDITIONS

3.1. ORDER OF PRIORITY

The order of priority of the Contract will be the following: 1.) Specifications and Requirements; 2) Contract Specific Terms and Conditions; 3) Standard Terms and Conditions.

3.2. – FIXED PRICE WITH ECONOMIC ADJUSTMENT

The contract prices(s) will remain firm for the first 12 months duration of the contract. Thereafter, the Contractor may submit a request to increase their price(s) to be effective 30 calendar days after acceptance by DAS. No price adjustment will be permitted prior to the effective date of the increase received by the Contractor from its suppliers, or on purchase orders that are already being processed, or on purchase orders that have been filled and are awaiting shipment. If the Contractor receives orders requiring quarterly delivery, the increase will apply to all deliveries made after the effective date of the price increase.

The price increase must be supported by a general price increase in the cost, due to increases in the cost of raw materials, labor, freight, Workers' Compensation and/or Unemployment Insurance, etc. Detailed documentation, to include a comparison list of the contract items and proposed price increases, must be submitted to support the requested increase. Supportive documentation should include, but is not limited to copies of the old and the current price lists or similar documents which indicate the original base cost of the product to the Contractor and the corresponding increase, and/or copies of correspondence sent by the Contractor's supplier on the supplier's letterhead, which contain the above price information and explains the source of the increase in such areas as raw materials, freight, fuel or labor, etc.

Should there be a decrease in the cost of the finished product due to a general decline in the market or some other factor, the Contractor is responsible to notify DAS immediately. The price decrease adjustment will be incorporated into the contract and will be effective on all purchase orders issued after the effective date of the decrease. If the price decrease is a temporary decrease, such should be noted on the invoice. In the event that the temporary decrease is revoked, the contract pricing will be returned to the pricing in effect prior to the temporary decrease. For quarterly deliveries, any decrease will be applied to deliveries made after the effective date of the decrease. Failure to comply with this provision will be considered as a default and will be subject to the “Suspension/Termination” and the “Contract Remedies” sections of the “Standard Contract Terms and Conditions”.

3.3. DELIVERY

Supplies will be delivered to the participating agency within five business days after receipt of order. The delivery location will be noted on the purchase order issued by the participating agency. Acceptance (transfer of title) will occur upon the inspection and written confirmation by the ordering agency that the supplies delivered conform to the requirements set forth in the Contract. Unless otherwise provided in the Contract, acceptance must be conclusive except as regards to latent defects, fraud, or such gross mistakes as amount to fraud. Shipping will be FOB Destination for this contract.

3.4. SUBSTITUTION OF ITEMS

Supplies will be delivered to the participating agency within five business days after receipt of order. The During the term of the Contract, the Contractor may have a need to substitute alternate manufacturer brand/style/items other than those agreed to under the Contract. Prior to the provision of any alternate however, the Contractor must notify DAS in writing and obtain written permission from the DAS Office of Procurement Services for use of any alternate item(s). DAS may require samples prior to the approval of any alternate item(s). Failure to comply with this clause shall be considered a material default.

4 - INVITATION TO BID INSTRUCTIONS

Instructions, Terms and Conditions for Bidding that apply to the solicitation.

5 - SPECIAL INSTRUCTIONS TO OFFERORS

5.1. - EVALUATION

Bids will be evaluated in accordance with the “Instructions to Bidders”. In addition, the state will evaluate by low lot total. Low lot total will be determined by multiplying the unit cost by the estimated usage listed in the bid and https://procure.ohio.gov/static/TCond/Standard_T_C%203-1-24.pdf https://procure.ohio.gov/pdf/OhioBuys_ITB_Instructions_to_Bidders_030921.pdf then adding each of the totals together to arrive at a total for all items. Failure to bid all items may result in the Bidder being deemed not responsive.

5.2. - CONTRACT AWARD

The contract will be awarded to the lowest responsive and responsible bidder by specified manufacturer brand pursuant to Ohio Administrative Code 123:5-1-10(K). No other brands of products will be acceptable.

5.3. DESCRIPTIVE LITERATURE

The Bidder may be required to submit descriptive literature of the supplies or services being offered. If requested, the literature will be used in the evaluation process to determine the lowest responsive and responsible bidder. If not provided as part of the bid response, the Bidder must provide said literature within seven calendar days after request/notification by the Office of Procurement Services to do so. Failure of the bidder to furnish descriptive literature either as part of their bid response or within the time specified herein will deem the bidder not responsive.

5.4 MINIMUM ORDER:

The minimum dollar value of any order placed against a contract awarded pursuant to this bid for delivery F.O.B. destination, transportation charges prepaid, at any one time to one destination, shall not be less than fifty dollars.

5.5 BRAND SPECIFIC

The items listed are being bid by specified manufacturer brand pursuant to Ohio Administrative Code 123:5-1- 10(D)(6). No other brands of products will be acceptable.