ESBD_369546_1721763821203_HHS0014056v3 PCS 137 Formal IFB.docx

PCS 137 - GOODS

Cecile E. Young, Executive Commissioner Invitation for Bids (IFB) for Breast Pumps, Breast Pump Accessories and Technical Support IFB No. HHS0014056v3 NIGP Class/Item No(s): 465-78, 961-75, 962-86, 966-68

Procurement Schedule - All Times are Central Time Reference Section 2 for further information

Table of Contents

Introduction and Purpose of IFB The Texas Health and Human Services Commission (HHSC) is an agency within the Texas Health and Human Services (HHS) system. The Procurement and Contracting Services (PCS) division of HHSC administers IFBs for HHS.

HHSC PCS is seeking competitive bids to establish contract(s) for breast pumps, breast pump accessories, and technical support for the Texas Special Supplemental Nutrition Program for Women, Infants, and Children (WIC).

Both HHS Agencies, HHSC and DSHS, will be entitled to use any contract awarded as a result of this IFB.

To be considered for award, Bidders must submit a comprehensive Response which includes all required information and documentation as outlined in this IFB to ensure the Bidder meets all requirements, possesses the required experience and qualifications, and has the capacity to provide the goods and/or services described in this IFB. See Appendix A, Submission Instructions and Response Checklist.

Authority HHSC is soliciting the goods and/or services stated in this IFB under Texas Government Code 2155.144.

Historical Monetary Value Historical spend for the same or similar goods or services is approximately $4,380,925.00 per fiscal year. The estimated historical spend is provided only as a guideline for preparing the pricing response and should not be construed as representing anticipated or actual quantities that will be required.

No Guarantee of Volume, Usage or Compensation HHS Agency does not guarantee any volume, usage, or compensation to be paid to any Contractor under any Contract resulting from this IFB. Additionally, all HHS Agency contracts are subject to appropriations, the availability of funds, and termination.

Negotiation, Exceptions or Assumptions Negotiations are prohibited under the IFB procurement method under most circumstances, and even then, the scope of permissible negotiations is limited and may not result in a material change to the scope of work or specifications as advertised in this IFB.

Bidders should NOT submit exceptions to this IFB which could result in disqualification of a Response. No changes to a Response can be made after the submission deadline.

No assumptions should be included in a Response. The inclusion of assumptions could result in disqualification of a Response. Instead, a Bidder should advance assumptions and seek clarification of a section of this IFB, any Exhibits or attachments, in the form and manner required in Section 6.7 IFB Questions or Clarifications.

IFB Components This IFB includes the following items:

· PCS 137 IFB (this document)

· Exhibit A – HHS Solicitation Affirmations

· Exhibit B – PCS 111-Contract Affirmations and HHS Uniform Terms and Conditions (UTCs)

· Exhibit C – Pricing Sheet

· Exhibit D – HHS Online Bid Room Information

· Exhibit E– Historically Underutilized Business (HUB) Subcontracting Plan (HSP) and Requirements

· Exhibit F – Bidder Reference Form

· Exhibit G - Assurances-Non-Construction Programs

· Exhibit H- Certification Regarding Lobbying

· Exhibit I- Historical Annual Orders

Procurement Schedule The Procurement Schedule dates on the cover page of this IFB are tentative. HHSC reserves the right to modify these dates at any time by issuing an addendum. Any events listed in the Procurement Schedule after the Response Deadline will occur at the discretion of HHSC.

Responses must be received by HHSC prior to the Response Deadline as indicated in the Procurement Schedule or as changed via an Addendum. Every Bidder is solely responsible for ensuring its Response is received by HHSC before the Response Deadline in accordance with all requirements regarding submission. HHSC is not responsible for lost, misdirected or late Responses.

By submitting a Response, the Bidder represents and warrants that the individual submitting the Response, inclusive of the documents made part of the Response, is authorized to sign on behalf of the Bidder, and to bind the Bidder under any Contract that may result from this IFB.

Withdrawal or Amendment of Response Bidders may withdraw or amend their Responses at any time prior to the Response Deadline by e-mailing the point of contact listed in Section 6.1 (Sole Point of Contact and Communications).

The e-mail subject line for withdrawal or response amendment should contain the IFB number as indicated on the cover page of this IFB. The Bidder is solely responsible for ensuring the email is received by HHSC before the Response Deadline. HHSC is not responsible for lost or misdirected e-mails.

HHSC Overview The Health and Human Services Commission (HHSC) was created in 1991 to oversee and coordinate the planning and delivery of health and human services in Texas. It is established pursuant to Chapter 531, Texas Government Code and is responsible for oversight of Texas Health and Human Services agencies.

PCS administers the procurement process, which includes IFB announcement and publication, Bidder communications, receipt of Responses, screening of timely received responses, and facilitating the evaluation of qualified Responses. PCS, in coordination with each HHS program, manages the execution of the award, through issuance of Purchase Order(s) or other Contract document, resulting from this IFB.

Definitions Unless the context clearly indicates otherwise, throughout this IFB, the definition given to a term below applies whenever the term appears in this IFB, in any Response (Bid) submitted in response to this IFB, and in any Contract awarded as a result of this IFB. All other terms have their ordinary and common meaning.

a) Addendum – A written clarification or revision to this IFB issued by HHSC.

b) Bidder – The entity or individual that submits a response to this IFB. Includes anyone acting on behalf of the entity or individual that submits a response, such as an agent, employee, or representative. See also Respondent below.

c) Contract –The signed Purchase Order or Signature Document, the Uniform Terms and Conditions, Affirmations, along with any Attachments, Exhibits and any Amendments, purchase orders, or Work Orders that may be issued by HHSC, to be incorporated by reference for all purposes as a result of this IFB.

d) Contractor - Each Bidder, business entity or individual, if any, awarded a Purchase Order or other Contract to provide the services or goods as a result of this IFB.

e) Contract Term – The period of time during which the Purchase Order or Contract is in effect from the start date through the end date and may include renewal or extension periods.

f) Debarment – An exclusion from contracting or subcontracting with state agencies on the basis of cause pursuant to Title 34, Part 1, Chapter 20, Subchapter G of the Texas Administrative Code, and the Federal System for Award Management (SAM).

g) Deliverables – The services or goods specified in this IFB and any resulting Contract that the Contractor shall perform or deliver to the HHS Agency.

h) Electronic State Business Daily (ESBD) - The electronic online directory, administered by the Comptroller of Public Accounts, Statewide Procurement Division (SPD), for publishing procurement opportunities which exceed $25,000 in total estimated value and for providing public notice of contract awards. The ESBD may be accessed through the CPA web site at: https://www.txsmartbuy.com/esbd.

Note: The Texas Comptroller of Public Accounts (CPA) recommends utilizing Google Chrome when navigating CPA websites.

i) Exhibit – A document, included as an attachment to this IFB, which provides terms and conditions, additional requirements and information related to this IFB.

j) HHS Agency - HHSC or any of the agencies of the State of Texas that are overseen by HHSC under authority granted under state law and the officers, employees, authorized representatives, and designees of those agencies. These agencies include: HHSC and the Department of State Health Services (DSHS), separately or combined. May also be referred to as System Agency.

k) IFB - This document, including all exhibits, attachments, appendices, or Addenda (if applicable). May also be referred to as Invitation for Bids.

l) NIGP (The National Institute of Governmental Purchasing (NIGP) Commodity Book) – The Class-Item numbering and descriptions used by state agencies to properly code services or products for a procurement.

m) Purchase Order – A legally enforceable agreement issued by HHSC indicating types, quantities, and agreed pricing for services and goods the Contractor will provide under any Contract resulting from this IFB.

n) Response – All information and materials submitted by a Bidder in response to this IFB. May also be referred to as Bid or Bid Response.

o) Respondent – A term interchangeable with Bidder.

p) Scope of Work – The description of requirements, services, specifications for goods which may be required, and deliverables as provided in this IFB and any resulting Contract which the Contractor is required to provide.

q) Subcontractor - Any entity or individual that enters into a contract with the Contractor to perform part or all of the obligations of the Contractor under the Contract.

r) Texas Identification Number (TIN) – The 11-digit identification number set up through the Texas Comptroller of Public Accounts which is required for any entity or individual to receive payment under a Contract with the State of Texas. Also known as Texas Payee ID Number. Further information regarding this number may be accessed via the CPA Fiscal Management TexPayment Resource web page at: https://fmx.cpa.texas.gov/fm/pubs/payment/gen_prov/index.php?s=payee_numreq&p=payee_numreq.

s) Underwriters Laboratories-(UL)- Organization has been developing safety standards, testing products for compliance, and putting its mark on things we use every day. UL listed means UL has certified a product will safely perform its job as intended. Products earn that certification by undergoing rigorous testing against standards developed by UL.

t) Unit of Measure – The set unit of measure (UOM), included on the Pricing Sheet, used for payment of the services under the Contract or Purchase Order. May be hourly, daily, weekly, monthly, etc.

u) Unit Rate – The set rate per the unit of measure (UOM) used for payment of the services, included on the Price Sheet, under the Contract or Purchase Order. May be hourly, daily, weekly, monthly, etc.

v) Vendor – A business entity or individual that supplies services or goods and may be a potential Bidder to this IFB.

General IFB Information Sole Point of Contact and Communications The HHSC PCS Sole Point of Contact for inquiries concerning this IFB is:

Courtney Meads CTCD, CTCM Procurement and Contracting Services Building 1100 W 49th St. MC: 2020 Austin, TX 78756 512-406-2478 courtney.meads@hhs.texas.gov Bidders shall NOT use the e-mail address above for submission of a Response to this IFB. See Appendix A for submission requirements.

Bidders shall direct all communications, including questions or clarifications relating to this IFB, by e-mail to the HHSC PCS Sole Point of Contact named in Section 6.1 (Sole Point of Contact and Communications); communications by phone will not be accepted except for purposes such as instructing a potential Respondent through an IT system or website referenced in this Solicitation.

All other communications between a Bidder and HHS agency staff concerning this IFB are prohibited. In no instance is a Bidder to discuss cost information regarding this IFB with the HHSC PCS Sole Point of Contact or any other HHS staff. Failure to comply with these requirements may result in disqualification of the Response.

The Sole Point of Contact will authorize a secondary Sole Point of Contact in the event of their absence and, in such an event, will include the contact information for the secondary Sole Point of Contact in their automatic reply out-of-office e-mail message. See also Section 6.2 (Exception to Sole Point of Contact) below.

This restriction (as to only communicating in writing with the HHSC Sole Point of Contact identified above) does not preclude discussions between Bidder and agency personnel for the purposes of conducting business unrelated to this IFB.

Exception to the Sole Point of Contact The only exceptions to the Sole Point of Contact are the HUB Coordinator, or, if expressly directed by the Sole Point of Contact, another designated System Agency representative.

Should Bidders have questions regarding proper completion of the HUB Subcontracting Plan, the HUB Coordinator may be contacted at Cheryl.Bradley@hhs.texas.gov. The Sole Point of Contact, Section 6.1, must be copied on the e-mail.

Binding Offer Period By submitting a Response to this IFB, Bidder agrees that its Response will remain a firm and binding offer for 240 days, as stated in the HHS IFB Affirmations (Exhibit A).

Bidder may extend the time for which its Response will be firm and binding and include the extended period in the Response.

Costs Incurred Bidder understands that issuance of this IFB or retention of responses in no way constitutes a commitment by HHSC to award a Contract. HHSC accepts no obligations for costs incurred in preparing and submitting a response, including, but not limited to, preparing for, or participating in a vendor conference or site visit.

Responses shall be submitted at the sole expense of the Bidder. All responses shall be prepared simply and economically, providing a straightforward, concise delineation of the Bidder’s capabilities to satisfy the requirements of this IFB.

Changes, Modifications and Cancellation HHSC reserves the right to change, amend, or modify this IFB prior to the Response Deadline indicated in the Procurement Schedule (cover page of this IFB). Changes, amendments, and modifications will be processed through one or more Addendum. The notification for any Addendum will be processed in accordance with the Notification of Addenda or Cancellation, Section 6.8.

HHSC reserves the right to cancel this IFB at any time. The notice of cancellation will be in accordance with the Notification of Addenda or Cancellation, Section 6.8.

Ambiguity, Conflict, Discrepancy Bidders must notify the Sole Point of Contact, Section 6.1, of any ambiguity, conflict, discrepancy, exclusionary specification, omission, or other error in the IFB in the manner and by the deadline for submitting questions.

If Bidder fails to properly and timely notify the Sole Point of Contact, Section 6.1, of any ambiguity, conflict, discrepancy, exclusionary specification, omission or other error in the IFB, the Bidder, whether awarded a contract or not:

a) shall have waived any claim of error or ambiguity in the IFB and any resulting contract,

b) shall not contest the interpretation by HHSC of such provision(s), and

c) shall not be entitled to additional compensation, relief, or time by reason of ambiguity, conflict, discrepancy, exclusionary specification, omission, or other error or its later correction.

IFB Questions or Clarifications HHSC will allow questions and requests for clarification regarding this IFB if submitted by e-mail to the Sole Point of Contact, Section 6.1, by the deadline established in the Procurement Schedule (cover page of this IFB) or deadlines established in subsequent Addenda. Responses to questions or other written requests for clarification will not be provided individually to requestors but will be consolidated in one or more Addenda.

HHSC reserves the right to amend the answers to questions or clarifications prior to the Response Deadline (cover page of this IFB) through a new Addendum. The notification will be processed in accordance with the Notification of Addenda or Cancellation, Section 6.8.

Submission of Questions or Clarifications All questions and requests for clarification must be submitted by e-mail and include the following information:

a) IFB Number and Title of IFB (cover page of this IFB) must be included in the e-mail subject line and in the e-mail body.

b) Section or Paragraph number from this IFB.

c) Page Number of this IFB.

d) Exhibit name, Section or Paragraph, page number from the Exhibit.

e) Language, Topic, Section Heading being questioned or requested for clarification.

f) Requestor Contact Information must be included in the body of the e-mail.

Questions or requests for clarification received after the deadline set in the Procurement Schedule (cover page of this IFB), or deadlines established in subsequent Addenda, may be reviewed by HHSC but will not be answered.

Notification of Addenda or Cancellation Addenda Notification All addenda will be posted to the ESBD. It is the responsibility of each potential Bidder to monitor the ESBD for any Addenda affecting this IFB. Failure to check the ESBD will in no way release any potential Bidder or awarded Contractor from the requirements of posted Addenda. No HHS Agency will be responsible or liable in any regard for the failure of any Bidder or awarded Contractor to stay informed of all postings to the ESBD. If the Bidder fails to monitor the ESBD for any changes or modifications to this IFB, such failure will not relieve the Bidder or Contractor of its obligation to fulfill the requirements as posted.

Cancellation Notification HHSC reserves the right to cancel this IFB at any time. Notice of the cancellation will be posted on the ESBD. Bidders are responsible for monitoring the ESBD frequently for notices regarding this IFB.

HUB Subcontracting Plan Training Webinar HHSC will conduct an optional webinar training session for completion of the HUB Subcontracting Plan (HSP) on the date and time identified in the Procurement Schedule (cover page of this IFB), or on the date and time established in subsequent Addenda. Bidders are strongly encouraged to participate in this session. Bidders who do not submit an HSP or a properly completed HSP with their Response will be disqualified. See Section 8 (HUB Subcontracting Plan (HSP) Requirements).

Attendance is strongly encouraged, but not required. Failure to attend or participate in the webinar will not disqualify a Bidder.

Link to attend the optional webinar training session for completion of the HUB Subcontracting Plan (HSP) https://attendee.gotowebinar.com/register/9150963039845037407

Scope of Work (SOW) Specifications Indicate pricing on Exhibit C - Pricing Sheet The required services to be provided are the provision of breast pumps, breast pump accessories, and technical support. The Contractor must be able to provide:

7.1.1 Multi-User Electric Breast Pump

1. Must provide new pumps. Contractor may optionally provide per unit pricing for refurbished pumps, if available. HHSC may purchase refurbished pumps at its discretion.

2. Be pre-assembled and include listed parts and accessories within pump packaging.

3. Operate on a 110-volt household current and be Underwriters Laboratories (UL )listed.

4. Have double pumping capacity, which is simultaneous, not alternating.

5. Be easy to clean, using common household detergents.

6. Be designed for repeated use by more than one (1) woman.

7. Have an adjustable suction pressure between 30 mm Hg and 295 mm Hg at the breast shield during use; Must have 2 or 3 phases to allow for safe and effective pumping.

8. Automatically cycle.

9. Have adjustable or variable cycling with ability to cycle up to a range of forty (40) to one hundred and twenty (120) times per minute.

10. Be designed to prevent breastmilk from entering the pump motor housing unit or come in contact with any internal pump parts to avoid potential contamination of breastmilk.

11. Be designed to work with sterile milk collection kits and additional sized breast flanges described in specifications.

12. Comply with all the Food and Drug Administration (FDA) requirements as a multi-user electric pump. Contractor shall provide HHSC proof of marketing clearance. The FDA may be accessed at U.S. Food and Drug Administration (fda.gov) Note: This will be documented and tracked using controlled correspondence, per Section 7.9 Controlled Correspondence.

13. Be efficient enough that a pumping session can be completed in 20-30 minutes.

14. Include a soft carrying case and an optional hard carrying case that shall:

a. Be made of durable, washable material easily cleaned and disinfected.

b. Be designed for repeated use by more than one (1) woman.

c. Include a shoulder strap, preferably adjustable.

d. Include an insulated section or separate insulated case and 2 to 4 cold packs to accommodate transportation of breastmilk in manufacturers’ milk collection containers.

e. Soft carrying cases shall weigh no more than approximately ten (10) pounds with the pump inside (weight to exclude cold packs or separate insulated carrying cases and cold packs).

f. Hard carrying cases shall weigh no more than approximately thirteen (13) pounds with the pump inside (weight to exclude cold packs or separate insulated carrying cases and cold packs).

15. Have a battery adaptability and include a vehicle adapter or USB charging cord, which can be plugged into any 12-volt vehicle.

7.1.2 Sterile Milk Collection Kit for use with Multi-User Electric Breast Pump:

1. Be specifically designed and manufactured to work with the multi-user electric breast pump provided by the Contractor.

2. Be sterilized prior to packaging, fully or partially assembled, and ready for immediate use upon delivery. Parts and accessories shall be packaged together within collection kit packaging.

3. Be made of materials that maintain integrity and functionality, allowing for repeated boiling and dishwasher cleaning.

4. Be (BPA) and bis (2-ethylhexyl) phthalate (DEPH) free.

5. Include a minimum of two (2) pairs of different (per vendors) standard sized breast flanges to accommodate different sized breasts and nipples. Flanges shall meet (vendors) safety standards for use. Respondents shall list size of flanges in millimeters on bid and Pricing Sheet, see Exhibit C - Pricing sheet.

6. Include at least two (2) reusable milk collection containers with spill-proof caps:

a. Are easy to remove with minimal spillage.

b. Hold a minimum of four (4) ounces and no more than six (6) ounces.

7. Include tubing material that is comparable to standard tubing used for breast pumps, able to endure multiple uses and is specific to the multi-user electric pump.

8. Include at least one (1) extra membrane and/or valve.

9. Include all parts to easily convert to a manual pump.

10. Not contain accessories that are not compatible with multi-user electric pump or manual pump unless specified in this solicitation.

7.1.3 Single-User Electric Breast Pump with Milk Collection Accessories

1. Include a milk collection kit that is fully or at least partially assembled.

2. Is made of materials that maintain integrity and functionality, allowing for repeated boiling and dishwashing cleaning.

3. Be (BPA) and bis(2-ethylhexyl) phthalate (DEPH) free.

4. Include a minimum of two (2) pairs of different (per vendors) standard size breast flanges, to accommodate different sized breasts and nipples. Flanges shall meet (vendors) safety standards for use. Respondents shall list size of flanges in millimeters on bid and Pricing Sheet, see Exhibit C - Pricing sheet.

5. Includes at least two (2) reusable milk collection containers with spill-proof standard size caps:

a. Are easy to remove with minimal spillage.

b. Include tubing material that meets industry standard and is specific to the single-user electric pump.

c. Includes at least one (1) extra membrane and/or valve.

d. Contain all parts to easily convert to a manual pump.

6. Be Underwriters Laboratories (UL) or equivalent listed and use a 110-volt electrical outlet.

7. Have a double pumping capacity, which is simultaneous, not alternating.

8. Be easy to clean, using common household detergents.

9. Include carrying case. Carrying case shall:

a. Be made of durable, washable material.

b. Include a shoulder strap, preferably adjustable.

c. Include an insulated section or separate insulated case.

d. Include 2 to 4 cold packs to accommodate transportation of breastmilk in manufacturer’s milk collection containers.

10. Have an adjustable suction pressure between 30 mm Hg and 295 mm Hg at the breast shied during use; Must have 2 or 3 phases to allow for safe and effective pumping.

11. Automatically cycle.

12. Have adjustable or variable cycling with the ability to cycle up to a range of forty (40) to one hundred and twenty (120) times per minute.

13. Have battery adaptability and include a vehicle adapter or USB charging cord, which can be plugged into any 12-volt vehicle.

14. Be designed to prevent breastmilk from entering the pump motor housing unit or come in contact with any internal pump parts to avoid potential contamination of breastmilk.

15. Comply with all Food and Drug Administration (FDA) requirements as a single-user electric pump. Contractor shall provide proof of marketing clearance. The FDA may be accessed at U.S. Food and Drug Administration (fda.gov) Note: This will be documented and tracked using controlled correspondence, per Section 7.9 Controlled Correspondence.

16. Be efficient enough that a pumping session can be completed in 20-30 minutes.

17. Parts and accessories listed above shall be packaged together within the pump packaging.

7.1.4 Manual Breast Pump with Milk Collection Accessories

1. Be designed to create suction which is independent of collection bottle.

2. Be easy to clean, using common household detergents.

3. Have the ability to reach a minimum of 220 mm Hg of pressure at the breast flange.

4. Have safety precautions to prevent suction from getting too high, > 270mm Hg.

5. Have a mechanism that allows for variable pressures to be adjusted by the end user.

6. Have the ability to reach a maximum pressure in a minimum of one (1) second.

7. Be (BPA) and bis (2- ethylhexyl) phthalate (DEHP)-free.

8. Include a minimum of two (2) different sized breast flanges, which includes one (1) (per vendors) standard size, to accommodate different sized breasts and nipples. Flanges should meet (vendors) safety standards for use. Respondents shall list size of flanges in millimeters on bid and Pricing Sheet, see Exhibit C - Pricing sheet.

9. Include at least one (1) extra membrane and/or valve.

10. Have the ability to adapt to two (2) or more additional sized breast flanges, which are comfortable for most users, to accommodate different sized breasts and nipples.

11. Have the ability to pump the breast with a smooth action.

12. Be easy to disassemble, clean and reassemble.

13. Be made of materials that maintain integrity and functionality, allowing for repeated boiling and dishwasher cleaning.

14. Be effective in extracting milk for the majority of users.

15. Be efficient enough that a pumping session can be completed in 20-30 minutes.

16. Be packaged pre-assembled with all parts necessary for pumping with a minimum of one hand and be intended for a single user. Be lightweight and portable requiring no electricity.

7.1.5 Additional Sized Breast Flanges

1. Be specifically designed to work with the products described in the sterile milk collection kits, single-user electric pump and manual pump specifications.

2. Be available in two (2) or more additional sized flanges, different from those included in the sterile collection kits, single-user electric pump and manual pump specifications.

3. Respondents shall list size of flanges in millimeters on bid and Pricing Sheet, see Exhibit C - Pricing sheet.

4. Be (BPA) and bis(2-ethylhexyl) phthalate (DEPH) free.

7.1.6 Printed Materials

1. Be included with all awarded products.

2. All pumps shall include assembly of pump, use, cleaning instructions and link to online video, unless otherwise specified within this solicitation.

3. Include pictures or diagrams that support the written instructions.

4. Be written at the 4th grade (or lower) literacy level.

5. Be in both English and Spanish.

6. Be free of additional material advertisement of infant feeding supplements and devices unrelated to contracted products unless authorizes by WIC designee or Contract Manager.

7. Be free of warranty information unless authorized by WIC designed or Contract Manager.

8. Prior to printing, Contractor shall provide printed materials to WIC designee for approval within sixty (60) days after contract execution. WIC designee will review and provide written acceptance of the printed materials. Note: This will be documented and tracked using controlled correspondence, per Section 7.9 Controlled Correspondence.

a. All approved printed materials for each breast pump, shall be inserted into product or packaging prior to delivery.

7.1.7 Audio Visual and Media

1. Each multi-user and single-user electric breast pump shall have an instructional video and link to online video on the following, at minimum:

a. Assembly of milk collection kit.

b. Attachment of milk collection kit to pump.

c. Proper use of pump.

d. Proper breast flange fitting.

e. Cleaning of pump and milk collection kit.

2. Videos shall be free of mention or advertisement of infant feeding supplements and devices unrelated to contracted products unless authorized by WIC designee or Contract Manager.

3. Videos shall be in English and Spanish.

4. Videos shall be closed captioned.

5. Contractor shall send videos to WIC designee for approval within sixty (60) days after contract execution. WIC designee will review and provide written acceptance of the printed materials. Note: This will be documented and tracked using controlled correspondence, per Section 7.9 Controlled Correspondence.

a. After final approval, Contractor shall provide an original video file in both English and Spanish, as MP4, Quick Time or Apple Pro Res to WIC designee.

b. Contractor shall provide written permission to WIC designee to duplicate videos as required. Note: This will be documented and tracked using controlled correspondence, per Section 7.9 Controlled Correspondence.

7.1.8 Warranty

1. Contractor shall provide a minimum of three (3) years warranty for manufacturing defects on multi-user electric pumps.

a. Warranty period for multi-user pumps shall begin when the product is received by WIC Local Agency (LA) as indicated by the LA inventory report.

2. Contractor shall provide a minimum of one (1) year warranty for manufacturing defects on sterile milk collection kits and single-user electric pump, described in specifications and all associated products and materials.

a. Warranty period for sterile milk collection and single-user electric pump shall begin when the product is issued to the participant as indicated by WIC LA clinic issuance report(s).

3. Contractor shall provide a minimum of ninety (90) day warranty for manufacturing defects on manual pumps and additional sized breast flanges described in specifications.

a. Warranty period for manual pump and breast flanges shall begin when the product is issued to the participant as indicated by WIC LA clinic issuance report(s).

4. During warranty period, Contractor is responsible for repairing or replacing defective products with a new pump or parts (not refurbished) at no cost to HHSC or WIC LA. This includes but not limited to, cost associated with replacement parts, labor, shipping, and handling.

a. Repairs and replacements by the Contractor shall be completed and products returned to WIC LA within thirty (30) calendar days of Contractor receiving the product(s).

5. During warranty period, Contractor shall provide up to one hundred (100) insect de- infestation treatments on multi-user electric pumps per year at no cost to HHSC or WIC LA.

a. If maximum de-infestation treatment is reached, Contractor shall agree to accept in warranty and out of warranty infested pumps for disposal.

6. Breast pumps that are sent to Contractor for repair, de-infestation, cleaning and destruction, Contractor must provide a written receipt to WIC LA within three (3) business days upon receipt of the breast pump(s). Note: This will be documented and tracked using controlled correspondence, per Section 7.9 Controlled Correspondence.

7. Contractor shall agree to accept out of warranty or “excluded from warranty” products described in this solicitation for disposal at no cost to HHSC or WIC LA to contact third (3rd) party source.

Note: This will be documented and tracked using controlled correspondence, per Section 7.9 Controlled Correspondence.

7.1.9 Replacement and Accessory Parts

1. Be available to order throughout the life of the contract for WIC LA to order separately from Contractor.

2. Contractor shall keep in stock all replacements parts include but not limited to, coolers, or insulated carrying cases, electric outlet adapters, tubing, diaphragms, valves, flanges, vehicle adapters, and USB charger and ship within seven (7) business days of request by WIC designee or WIC LA.

7.1.10 Historical Annual Orders

See Exhibit I for Historical Annual Orders. Order quantities may vary and there is no guarantee on the amount, or the type of products purchased. HHSC reserves the right to increase or decrease quantities as needed.

7.1.11 Packaging

1. Multi-user and single-user breast pumps shall be packaged one (1) unit per shipping box.

Each multi-user shipping box shall be labeled on the outside with barcode which identifies the breast pump serial number and is easily readable by standard barcode reader. The label should be easily visible and accessible for scanning.

2. Milk collection kits shall be packaged ten (10) units per shipping box.

3. Manual breast pumps shall be packaged ten (10) units per shipping box.

4. Additional sized breast flanges or breast flange sets shall be:

a. 31.0 mm or smaller shall be packaged twelve (12) units per shipping box.

b. Larger than 31.0 mm shall be packaged twelve (12) units per shipping box.

5. Contractor shall indicate units of products per shipping box on Pricing Sheet, see Exhibit C - Pricing sheet.

6. Each shipping box shall be clearly labeled on the outside with the product item number, name, and quantity in the box.

7.1.12 Shipping and Delivery

1. Contractor shall ship all orders to one (1) centralized shipping location. WIC designee or Contract Manager will provide shipping information at the time of order notification.

2. Contractor shall fulfill each HHSC order as one (1) order.

3. HHSC requires delivery within forty-five (45) days after WIC designee or Contract Manager submits the order notification to the Contractor.

4. Contractor shall provide WIC designee and Contract Manager with shipping schedule to include delivery dates and quantities for review within two (2) business days after order notification. Note: This will be documented and tracked using controlled correspondence, per Section 7.9 Controlled Correspondence.

a. WIC designee and/or Contract Manager shall review and provide written approval.

5. Contractor must notify WIC designee and Contract Manager of variances with the shipping schedule dates or quantities immediately as the Contractor becomes aware of all variances. Note: This will be documented and tracked using controlled correspondence, per Section 7.9 Controlled Correspondence.

a. Variances and/or shipping errors are to be rectified by the Contractor at no cost to HHSC.

6. Contractor shall complete orders in full shipping boxes. Partial orders will only be accepted if written authorization is granted by WIC designee or Contract Manager. Shipping box shall be clearly labeled on the outside with the product item number, name, and quantity in box.

7. Shipments that contain broken, damages or incomplete shipping boxes will be notated on the packing slip for replacement at no additional cost to HHSC. Note: This will be documented and tracked using controlled correspondence, per Section 7.9 Controlled Correspondence.

8. A packing slip will include the corresponding purchase order number, product item number, name, and quantity and will accompany each delivery.

9. Freight shipped shall be on pallets. Pallets shall be stacked no higher than 50” high. Pallets shall not be stacked on top of one another.

a. Each pallet shall be clearly labelled and identify product item number, product name and total quantity in pallet.

b. Pallets shall be shrink wrapped.

c. Different product types shall not be mixed in the same shipping box or on the same pallet.

10. Contractor shall notify the designated contact at the shipping location by telephone and email two (2) days prior to delivery to confirm a tentative time and date of delivery. If delivery is attempted without notification or outside HHSC delivery hours, shipment may be refused at no cost to HHSC. Designated contact information and delivery hours will be provided by WIC designee and/or Contract Manager upon order notification.

11. Contractor shall notify WIC designee and Contract Manager within two (2) business days of any shipping discrepancies which may include shortages, overages or variances with dates or quantity. Note: This will be documented and tracked using controlled correspondence, per Section 7.9 Controlled Correspondence.

12. Deliveries are to be made between 8:00 AM and 5:00 PM on date specified, but not between Noon and 1:00 PM to the address specified on the issued PO.

13. The vendor is responsible for payment of any additional charges by the contract warehouse (such as overtime, blast freezing, lowering temperatures, re-stacking; second delivery due to split delivery quantity [unless requested by HHSC], unloading charges, etc.).

14. ALL deliveries shall arrive ON TIME as requested by HHSC. It is the awarded vendor’s responsibility to contact the Point of Contact specified on the issued PO if unforeseen circumstances arise that may cause a delivery to be late.

15. HHSC reserves the right to purchase late items on an emergency basis and charge any resulting increase in price to the awarded vendor.

16. Items delivered must be the item bid. Mixing of brands of items will not be allowed. Split deliveries will not be accepted, unless requested.

17. Products delivered that fail to meet specifications or are not the actual item(s) awarded on the contract shall be rejected or returned at the vendor's expense. Vendor will reimburse the agency for cost of storage and handling fees incurred at the contracted storage facility and any cost to pick up and return product delivered to individual facilities. Any cost incurred to verify compliance with these specifications will be the responsibility of the vendor if product is found not to be in compliance.

7.1.13 Breast Pump Samples

1. Respondent shall submit samples of products they choose to bid on. The samples will be part of the Evaluation of Award.

a) Multi-User Electric Breast Pump with caring case soft and hard case

b) Sterile Milk Collection Kit for use with the Multi-User Electric Breast Pump

c) Single-User Electric Breast Pump with caring case

d) Manual Breast Pump

e) Additional different sized breast flanges

2. All breast pump samples must be provided in a separate package labeled “SAMPLES.” Boxes must have the solicitation number and due date clearly labeled on the outside of the package. Breast Pump Samples will not be returned.

Breast Pump Samples will be due by August 16, 2024 @10:30AM Same date as response due date.

Breast Pump Samples MUST be shipped to:

WIC Program 4616 W. Howard Lane Bldg. 2, Ste. 275 Austin, Texas 78728

Vendors that have responded and sent breast Pump samples in the previous solicitations HHS0014056 or HHS0014056-2 are exempt from sending samples, however, all vendors must still submit a bid response for this HHS0014056v3 posting. If this is your first time to submit a bid response, you MUST submit samples.

7.1.14 Reporting

Contractor must submit an annual report to WIC designee and Contract Manager in an HHSC- approved format for the following: breast pumps repair, de-infestation, cleaning, destruction and out of warranty or “excluded from warranty products. Note: This will be documented and tracked using controlled correspondence, per Section 7.12 Controlled Correspondence.

HHSC may request more reports as needed.

7.1.15 Adding or Removing Services

HHSC/WIC reserves the right, in its sole discretion, to add or delete products or services during the period(s) covered under the awarded contract. All additions or deletions will be processed through HHSC PCS. The rate at the time of the addition or deletion shall be the same as the rate quoted in the contract for the same model product or service. The effective date of any addition or deletion will be no later than five (5) business days after receipt of HHSC’s written notification of said addition or deletion. For this purpose, written notification includes registered mail, regular mail, facsimile transmission with confirmation of receipt, or email with confirmation receipt. For any additions, PCS will provide a revised PO to the Contractor. For any removals, PCS will provide a revised PO to Contractor along with a letter indicating the effective date of the removal, the amount of the reduction or refund (if any), and the equipment serial number, if applicable.

7.1.16 Equal Products

The information identified above is intended to be descriptive, not restrictive, and to indicate the quality and characteristics of products that will be satisfactory. If bidding other than specified brand or part number, bidder must include with bid sufficient literature to allow evaluation of the items. Failure to provide literature with bid response may be cause for not considering for an award.

7.1.17 Reworked Products

REWORKED PRODUCTS, PRODUCTS PREVIOUSLY REFUSED FOR DELIVERY OR SECONDS WILL NOT BE ACCEPTED. Unauthorized substitutions prohibited. No substitutions, including product code number changes, shall be made unless the vendor has obtained prior written approval from HHSC Purchaser prior to shipment. Cost of substitute items shall be the same as the cost for the awarded item. Substitutions must meet or exceed the specifications written in the item description as published in this Solicitation.

Delivery Location HHS, at its sole discretion, during the contract term and with a 30 days’ advance written notice, reserves the right to change, consolidate, delete, or add service locations.

a) Delivery location for shipments HHSC Warehouse II 12300 Technology Blvd.

Austin, TX 78727 – MC Y909 Delivery Guidelines

1. Observe all posted speed limits. Speed limits are strictly enforced.

2. Observe all stop signs and other traffic controls.

3. Parking must be in area designated by Warehouse staff.

4. Vehicles must be locked, and keys removed at all times when unattended.

5. Pedestrians have the right-of-way at all times. Drive with extreme caution and be prepared to cope with unexpected circumstances.

6. Firearms and alcoholic beverages are forbidden on campus.

7. Tools and equipment must be properly secured at all times.

8. No smoking.

9. Contact with residents is forbidden. Do not offer cigarettes, matches, lighters, food, or money to residents.

10. If you require assistance with a resident, notify Facility staff.

State Holidays The state holidays observed are maintained by the State Auditor’s Office and may be accessed at: https://hr.sao.texas.gov/Holidays. HHS Agency does not specifically require services to be performed on these holidays.

To fulfill the required services, as applicable, the Contractor may perform the services on a holiday observed by HHS at NO additional expense to the HHS Agency.

Performance of services on a state holiday requested by HHS Agency will be performed and invoiced at the Contract rate for Outside Regular Hours.

Receiving Products The Agency will ensure product received is the same as awarded item. Product that is not the awarded contract item, or product that is damaged or otherwise not in good condition, will be refused. Instances of damaged case goods, the Agency will accept the product that is in good condition and return the portion of the shipment that is damaged. If shortages occur due to refusal of damaged products or otherwise at the fault of the vendor, The Agency may purchase needed items locally on an Emergency Purchase Basis. The awarded contract vendor shall be responsible for the difference in cost, if any, between the contract item and the emergency purchase items. Should the Agency determine an awarded product does not meet the specifications listed the Agency will immediately contact the vendor to attempt resolution. If not resolved, the Agency will contact the HHSC Buyer and HHSC Contract Manager. The Agency will retain the product case, label intact, under appropriate storage conditions until product is secured for further investigation.

Minimum Experience and Qualifications These minimum requirements apply to the Contractor and Contractor’s personnel and any Subcontractor and Subcontractor’s personnel.

Bidder will submit documentation of experience and qualifications with Response Exhibit F – Bidder Reference Form

a) The Bidder shall have relevant experience required for the performance of the services as outlined in this Solicitation. The minimum experience required is five (5) years.

b) The Bidder’s personnel to be assigned to perform the services must be fully trained and, at minimum, have five (5) years relevant experience.

c) All Contractor or Subcontractor personnel assigned to perform the services must be at least 18 years of age.

d) The Bidder must provide a minimum of three (3) verifiable references for current or previous contracts of the same size and for similar or same services within the last five (5) years. See Exhibit F – Bidder Reference Form.

HHS Agency Responsibilities

a) WIC Designee and/or Contract Manager shall contact the Contractor in writing with specific order of products, quantities, purchase order number and shipping location information, approximately three (3) times per fiscal year. HHSC reserves the right to increase or decrease quantities as needed. Note: This will be documented and tracked using controlled correspondence, per Section 7.9 Controlled Correspondence.

Contractor Responsibilities HHSC will look solely to the Contractor(s) for the performance of all contractual obligations resulting from an award based on this Solicitation. No Contractor will be relieved of its obligations for any nonperformance by its Subcontractor(s).

a) The Contractor shall furnish all labor, tools, transportation, equipment, materials, and supplies, as necessary to perform the services and/or provide the goods, if applicable, as required.

b) Contractor must provide HHSC proof of marketing clearance for the multi-user and single user breast pumps thirty (30) days after contract execution to WIC designee and Contract Manager. Note: This will be documented and tracked using controlled correspondence, per Section 7.9 Controlled Correspondence.

c) The Contractor shall provide training on how to utilize new breast pump(s) as…