Drug Test_Bidders Question and Answer.docx

DEPARTMENT OF CORRECTION

REQUEST FOR RESPONSE

Drug Testing Materials, Service and Supplies RFR# 2018-DOC- Drug Testing Questions and Answers

Note to Bidders: Forum answers are provided for the sole purpose of assisting the bidders in responding to this RFR. Forum answers are not intended to modify or interpret the terms of the RFR and shall not be used to modify or interpret the terms of this RFR, either before or after the award of a contract. Please refer to RFR Section 11 Appendix 5- “Glossary and Definitions” and the definition of contract.

The complete Bidders Questions and Answers Forum are contained in this document. The Report can be found as an attachment to the bid solicitation, (COMMBUYS BD-17-1025-DOCFS-FISCM-15197).

1. What is your current methodology for testing?

Answer: The current methodology used is urinalysis, saliva and breathalyzer.

2. If point of care urine cups and other point of care devices do you purchase per year?

Answer: FY2016 -5,000 cups were ordered and so far FY2017 3,125 cups have been ordered.

3. If on-site instrumented screening with a chemistry analyzer:

a. What type of analyzer do you currently use?

b. If on-site instrumented screening how many tests for each drug do you anticipate on a monthly basis?

c. How many locations have an instrument to conduct testing?

d. What do you currently pay per test?

Answer: N/A

4. Do you have standards your drug tests must meet? Example: USA made, single drug per strip, color coded strips?

Answer: FDA approved and SAMHSA guidelines

5. What is your estimated yearly volume on drug testing supplies?

Answer: FY 2016 Supplies cost $77,980.00 – FY 2017 so far $53,819.50.

6. What configurations do you currently do?

Answer: Our configurations used are single dip urine, multi dip urine, saliva and breath.

7. Is the department interested in the ability to detect even lower than requested on cutoff levels?

Answer: No.

8. I did find a table from SAMHSA website that shows the screen should be lower than the table you presented in you document. AMP and Meth should now be at 500 ng/ml Please see link: https://www.samhsa.gov/sites/default/files/workplace/2010GuidelinesAnalytesCutoffs.pdf

Answer: Screening/Testing devices shall at least meet the general cutoff threshold levels established by the Substance Abuse and Mental Health Services Administration (SAMHSA). Evolving standards shall be addressed at the time between the DOC and Contractor.

9. What do you do for lab confirmation testing? Are supplies needed and cost?

Answer: The samples are sent to an outside vendor for confirmation testing. The cost can vary with each test.

10. Confirmation testing can included Gabapentin, is this something the DOC is interested in?

Answer: Confirmation testing for gabapentin could possibly be used in the future.

11. Should the package of device list its drugs AND cutoff levels? Do you have specs to meet on this?

Answer: The packaging currently states the drug. The packaging does not list the cut off level it is not required per policy.

12. Could the Commonwealth please clarify why both an online response through COMMBUYS and a physical copy of the response are required? Could vendors choose one or the other? In particular, could vendors choose to only submit electronically, in order to keep in practice with the Environmental Quote Submission Compliance guidelines to minimize waste?

Answer: On line responses are required per Operational Services Division policy. The DOC is also requesting paper submissions as members of the Strategic Sourcing Team (i.e. procurement committee) do not have COMMBUYS accounts and will not be able to access the online submissions. SST members will therefore need paper copies of the proposals to review and evaluate. Further, a set of original “wet ink” signature documents are required to execute a contract. Therefore, the DOC is requesting responses in both formats.

13. Will the Commonwealth consider removing the Supplier Diversity Program requirement for this bid? The type of business involved--which includes the sale of highly regulated products that are often shipped directly from the vendor to the end user--does not lend itself well to subcontracting. Moreover, it may end up tremendously increasing the cost of products; for example, if vendors try to use MBE/WBEs to transport goods instead of using a larger courier, the shipping costs could go up by 600%.

Answer: Per Operational Services Division policy, the Supplier Diversity Program plan is mandatory for any large procurement, defined as valued as larger than $150,000 over the life of the contract. The Department may award a contract without an SDP plan in place, but should expenditures reach the $150,000 threshold during the term of the contract, the Department will require an SDP plan to continue the contract. It should be noted that the SDP plan is worth 15 points on the RFR evaluation criteria, (RFR p. 16). There is nothing that precludes bidders from including an SDP plan for a small procurement valued at less than $150,000, and the SDP is encouraged for small procurements.

14. Regarding the Supplier Diversity Program, is there a minimum percentage that the Commonwealth will allow, below which the vendor would be considered out of compliance?

Answer: No. The Department is not dictating a minimum percentage. This is up to the discretion of the bidder.

15. Would the Commonwealth allow vendors to subcontract to businesses that are not necessarily MBE/WBE/SDVOBE, but that are considered small, in-state businesses instead?

Answer: Bidders must utilize a MBE/WBE that is certified by the MA Supplier Diversity Office (“SDO”). A directory of SDO certified businesses can be located on the SDO webpage at www.mass.gov/sdo. Bidders can also contact the SDO for assistance.

16. In order to meet the Supplier Diversity Program requirement, does the subcontracting need to be directly related to the contract? Or may vendors subcontract services such as paper shredding to a MBE/WBE and use monies from the Drug Testing contract to pay for these unrelated services?

Answer: For purposes of SDP plan compliance, Contractors may partner with a MBE/WBE business for a service unrelated to the contract scope (e.g. office supplies, paper shredding, printing etc.).

17. For the Supplier Diversity Program requirement, does the MBE/WBE need to be located in Massachusetts? Or would the Commonwealth consider services contracted to a MBE/WBE business located in another state as meeting this requirement?

Answer: In order to comply with SDO policy, Contractors must partner with a MA SDO certified MBE/WBE business. The MA SDO does certify out-of-state businesses. The key is the SDP plan partner must be MA SDO certified, regardless of whether or not the SDO certified business resides in Massachusetts. A directory of SDO certified businesses can be located on the SDO webpage at www.mass.gov/sdo. Bidders can also contact the SDO for assistance.

18. This solicitation appears to be for the provision of rapid test devices, which would not require a vendor to be on Commonwealth premises. Are vendors still required to fill out the PREA Acknowledgment Form?

Answer: For standardization reasons, the Department is seeking PREA Acknowledgment Forms from all its awarded Contractors.

19. Are vendors required to fill out the Standard Contract Form to submit with the bid, or is this merely for reference?

Answer: An original “wet ink” signature Standard Contract Form (“SCF”) is required to execute a contract. Therefore, the DOC is requiring bidders to sign and submit this form with its bid. An SCF is not executed until both parties sign. Should the Department decline to award, it will shred the submitted SCF.

20. Were there any changes made in Amendment 1 other than the changing of the questions deadline and published Q&A dates? We could not find any.

Answer: No, this was the only change.

21. Regarding the section on Defense of Legal Challenges to the Product, would the Commonwealth allow vendors to provide affidavits and telephonic or web testimony at no charge, but to charge travel fees and an hourly rate for in-person testimony?

Answer: The Department may negotiate this on a case by case basis.

22. The award criteria includes a line for Website Development/Electronic Ordering (10 points), however we do not see this written into the desired technical requirements anywhere. Could the Commonwealth please outline what their needs are regarding this categorical requirement?

Answer: This category of the evaluation criteria was included in error. An amended RFR (removing this category from the evaluation criteria) will be uploaded to the solicitation site on www.commbuys.com.

23. Regarding the requirement in section 3.1 Specifications for products that have FDA 510k notification, does the Commonwealth realize that many of the drugs they would like to detect--such as K2 and Fentanyl--do not have FDA cleared-to-market devices currently available in the industry? Similarly, there is only one FDA cleared-to-market oral fluid rapid test device currently available in the industry; all other oral fluid devices are not FDA 510k cleared. Does the Commonwealth intend to keep the FDA 510k requirement for this procurement, or will the Commonwealth allow vendors to provide products that are for forensic use only (not 510k cleared)?

Answer: Testing requirements for K2 and Fentanyl are to be determined and may be negotiated.

24. Would the Commonwealth be interested in any laboratory services? Should vendors add laboratory urinalysis and laboratory oral fluid testing to the price list?

Answer: Possibly be interested if the lab is local.

25. Would the Commonwealth be interested in any third party observed collection services? Should vendors add observed collection services to the price list?

Answer: No.

26. Are there any insurance requirements?

Answer: The DOC is not mandating a specific requirement for this bid. Bidders are free to include information on any applicable insurance that the bidder would want the DOC to be aware of.

27. Will you please approve the following additions/changes to the language in the Indemnification paragraph on page 33: Unless otherwise exempted by law, the Contractor shall indemnify and hold harmless the Commonwealth, including the Department, its agents, officers and employees against any and all claims, liabilities and costs for any personal injury or property damages, patent or copyright infringement or other third-party damages that the Commonwealth may sustain which arise out of or in connection with the Contractor’s performance of this Contract, including but not limited to the grossly negligentce, reckless or intentional conduct of the Contractor, its agents, offices, employees or subContractors. The Contractor shall at no time be considered an agency or representative of the Department or the Commonwealth. After prompt notification of a claim by the Commonwealth, the Contractor shall have an opportunity to participate in the defense of such claim and any negotiated settlement, agreement or judgment. The Commonwealth shall not be liable for any costs incurred by the Contractor arising under this paragraph. Despite the above, in no event shall Contractor be obligated to indemnify defend and save harmless the Department, their officers, agents and employees to the extent that any action claim or loss occurs or results, in whole or in part, from the acts or omissions of the Department, their officers, agents and employees or third parties.

Answer: The Indemnification provision found within the RFR is taken from the Indemnification provision found in Section 11 of the Commonwealth Terms and Conditions, which Contractors must return and sign. The Commonwealth Terms and Conditions are jointly issued by the Executive Office of Administration and Finance, (“ANF”) the Office of The Comptroller (“CTR”) and the Operational Services Division (“OSD”). Individual Departments are not authorized to make any changes to the Commonwealth Terms and Conditions.

28. Will you please approve the following word addition to the Department Access to Personnel Records paragraph on page 33: Upon reasonable prior notice, the Department may review at the Contractor’s offices the employment applications, resumes and personnel files of the Personnel during regular business hours. At the reasonable request of the Department, the Contractor shall provide a list of the names and home addresses and telephone numbers of all Personnel.

Answer: The Department accepts this term and will amend the RFR accordingly.

29. Page 31 refers to the PPD (Prompt Payment Discount) form, attached to the bid on COMMBUYS. This form is not on COMMBUYS. Could we receive a copy?

Answer: A PPD form will be e uploaded to the solicitation site on www.commbuys.com.

30. Would the Commonwealth allow vendors to price per 25 units as opposed to 50 units? Many vendors supply devices in boxes of 25, not 50, units. Would this merely be indicated in the "Other Size Kit (Define)" column on the Price List document?

Answer: Yes. Please list in the Other Size Kit (Define)" column.

31. Is a Prompt Payment Discount merely preferred, or is it a requirement?

Answer: A PPD form is preferred, but will not be mandatory. If there is no PPD, Contractors may be subject to the Commonwealth’s standard payment cycle of 42 days. The SST, at its discretion, may consider a submitted PPD in the scoring of the pricing terms on the evaluation criteria.

32. On the Price List document provided, please clarify: is the "Non-Contract Price" column supposed to be sort of like a List price? And then is the "Per Unit" column supposed to be where vendors enter the discounted price we intend to offer to the Commonwealth?

Answer: Yes, the “Non-Contract Price" column is intended to represent a List price. The Unit price is intended to reflect the savings of DOC pricing versus the Non-Contract price.

33. On the Price List document, please clarify what the "50 Size Kit" and "100 Size Kit" columns are for. Should vendors merely put an X in to indicate that we can provide? Or should a discounted price go in these columns? If vendors instead indicate an "Other Size Kit (Define)," do we need another column to indicate a discounted price for that amount, or does the Commonwealth consider the "Other Size Kit" column to be more for defining a regular box amount such as 25, and the "Per Unit" price would be used for that amount?

Answer: If the bidder offers "50 Size Kits" and "100 Size Kits", it should enter the applicable discounted price. If the bidder does not offer these size kits, it should enter N/A in these columns and utilize the Other Size Kit (Define) define column (reflecting the kit size and discounted price). Bidders are free to add as many columns as necessary.

34. On the Price List document, may vendors widen columns to make it easier to read their product description?

Answer: Yes. Vendors may widen the column for this purpose.

35. On the Price List document, under the "Drug" column, should vendors use this column to indicate generic descriptions, or specifically which drugs are included--for example, if vendors want to offer an 8-drug urinalysis cup, would they say "8 Drug Cup" and leave it at that, or do vendors need to indicate specific drugs and cutoff levels that would be included (e.g. 8-drug iCup - AMP500/BZO300/etc.)? Or would both ways of listing the product be acceptable?

Answer: Bidders should include specifically which drugs are included, and may expand the price sheet accordingly to include all essential information. Bidders may include supplementary pages (in a format of the bidder’s choosing) as necessary.

36. On the Price List document, would the Commonwealth allow vendors to add columns for things like the product number, or for additional descriptors such as the device format (i.e. "rapid test cup" or "rapid test dip")? Or are these items unnecessary for the Commonwealth?

Answer: Bidders may add columns to include additional essential information.