ESBD_File_192689_HHS0007034_SOLICITATION IFB.pdf

PCS 137

Page 1 of 25 Revised 10/22/2019

HHS Procurement and Contracting Services

SOLICITATION DOCUMENT

Invitation for Bid (IFB) Check one: Formal Informal IFB For Breast Pumps

Solicitation No.: Issue Date: Response Due Date:

HHS0007034 04/13/2020 04/27/2020 HSP Due 2PM CST (for review) 05/11/2020 Bids Due Date 2PM CST

Formal responses MUST be mailed to the address below. E-mail and electronic responses submitted through the HHS Online Bid Room will only be accepted if indicated in the solicitation. Response may NOT be submitted by Fax.

Contact Information:

Purchaser: Julie Call Email: julie.call@hhsc.state.tx.us

Mail Response:

Health and Human Services Commission ATTN: Julie Call 1100 W 49th. MC 2020 Austin, Texas 78756

OR

Email Response to, if applicable:

pcsbids@hhsc.state.tx.us

OR

Submit Response Online to, if applicable:

https://hhs.texas.gov/doing-business-hhs/contracting-hhs/hhs-online-bid-room

(You must be registered in order to submit online.)

Ship to or Service Delivered to Location:

Health and Human Services Commission Women, Infant and Children (WIC) 4616 W. Howard Lane Building 8, Suite 840 Austin, TX 78728

Source of Authority CPA/TPASS DIR Other: Texas Government Code 2155.144

By signing this document, respondent certifies that prices shown on this quote are true and correct. Should this bid/offer result in a Purchase Order, respondent agrees to comply with all “Terms and Conditions,” which are attached and incorporated into this document.

Check below if preference claimed under Texas Administrative Code (TAC), Title 34, Part 1, Chapter 20, Subchapter D, Division 2, Rule § 20.306:

□ Goods produced or offered by a Texas bidder that is owned by a Texas resident service-disabled veteran

□ Goods produced in Texas or offered by a Texas bidder that is not owned by a Texas resident service-disabled veteran

□ Agricultural products grown in Texas

□ Agricultural products offered by a Texas bidder

□ Services offered by a Texas bidder that is owned by a Texas resident service-disabled veteran

□ Services offered by a Texas bidder that is not owned by a Texas resident service disabled veteran

□ Texas Vegetation Native to the Region

□ USA produced supplies, materials or equipment

□ Products of persons with mental or physical disabilities

□ Products made of recycled, remanufactured, or environmentally sensitive materials including recycled steel

□ Energy Efficient Products

□ Rubberized asphalt paving material

□ Recycled motor oil and lubricants

□ Products produced at facilities located on formerly contaminated property

□ Products and services from economically depressed or blighted areas

□ Vendors that meet or exceed air quality standards

□ Recycled or Reused Computer Equipment of Other Manufacturers

□ Foods of Higher Nutritional Value.

VENDOR / RESPONDENT MUST COMPLETE ALL ITEMS

Signature of Vendor or Authorized Representative

Print Name (Must be manually signed; failure to sign will disqualify response.)

Texas Vendor Identification No. (or Federal Employer’s ID):

Name of Business

Street Address

City-State-Zip Code

Telephone Number

Fax Number

E-Mail Address

*By signing this bid, bidder certifies that if a Texas address is shown as the address of the bidder, bidder qualifies as a Texas Bidder as defined in Tex. Gov’t Code § 2155.444(c)(2).

AWARD NOTICE: The State reserves the right to make an award on the basis of low line item bid, low total of line items, or in any other combination that will serve the best interest of the State and to reject any and all bid items in the sole discretion of the State.

mailto:julie.call@hhsc.state.tx.us mailto:pcsbids@hhsc.state.tx.us https://hhs.texas.gov/doing-business-hhs/contracting-hhs/hhs-online-bid-room

1.

SOLICITATION NUMBER HHS0007034

1. INTRODUCTION AND PURPOSE OF SOLICITATION

The Health and Human Services Commission (HHSC) Procurement and Contracting Services (PCS) on behalf of the Women, Infants and Children (WIC) program is seeking to establish a contract for breast pumps, breast pump accessories and technical support for the Texas Special Supplemental Nutrition Program.

The contract(s) issued as a result of this solicitation may be utilized by one or all of the Texas Health and Human Services (HHS) agencies listed below:

• Health and Human Services Commission (HHSC)

• Department of Family and Protective Services (DFPS)

• Department of State Health Services (DSHS)

HHSC/PCS will issue individual purchase orders, contracts, or releases for each HHS agency, region, city, or location requiring goods/services under the contract(s). Each order will include the delivery/service location and bill to address for the HHS agency requesting goods/services.

2. AGENCY 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 (HHS agencies). As a result of the consolidation due to House Bill 2292 (HB2292), some of the contracting and procurement activities for HHS agencies have been assigned to the PCS section of HHSC.

As such, PCS will administer the initial stages of the procurement process, prior to the contract award, including solicitation announcement and publication, handling of communications from the respondent, as well as managing the receipt and evaluation of valid responses for final review and evaluation. PCS directs the execution of the award of the contract resulting from this solicitation.

3. DEFINITIONS

• Appendix – Additional information and/or forms that is available in the back of this solicitation document.

• Contract – A written document referring to promises or agreement for which the law establishes enforceable duties and remedies between a minimum of two parties.

• Contractor – A vendor that provides goods and services that are typically procured through the open market.

• Contract Term – The period of time during which the contract will be effective from begin date to end, or renewal date.

The contract term may or may not be the same as the budget period.

• Debarment – An exclusion from contracting or subcontracting with state agencies on the basis of cause set forth in Title 34, Texas Administrative Code, Chapter 20, Subchapter G, and the System of Award Management (SAM).

• Deliverables – Goods or services contracted for delivery or performance.

• Due Date – Established deadline for submission of a document or deliverable.

• Effective Date – The date the contract term begins.

• Respondent – Entity or individual that submits a response to a solicitation.

• Scope of Work – A statement that defines specific services to be performed.

• Solicitation – The process of notifying prospective contractors of an opportunity to provide goods or services to the

State.

• Subcontractor – An entity hired by an awarded contractor to perform a portion of the scope of work by the entity contracting with an HHS agency as a result of this solicitation. The contractor remains entirely responsible for performance of all requirements of the contract through monitoring the subcontractor’s performance.

http://www.statutes.legis.state.tx.us/Docs/GV/htm/GV.531.htm http://www.legis.state.tx.us/tlodocs/78R/billtext/html/HB02292F.htm http://www.legis.state.tx.us/tlodocs/78R/billtext/html/HB02292F.htm

• Unit Rate – Payment mechanism for services that are paid at a set rate per unit of service; for example, plumbing repair services at a prescribed rate per hour.

• Vendor – A contractor that provides goods and services that are typically procured through the open market.

• Vendor Identification Number (Vendor ID No.) – Fourteen-digit number needed for any entity to contract with the State of Texas and which must be set up with the State Comptroller’s Office. It consists of a ten-digit Vendor ID No. (IRS number, state agency number, or social security number) +check digit + 3-digit mail code.

4. INSTRUCTIONS TO RESPONDENTS

Before submitting a response to this solicitation, read the ENTIRE solicitation including the Terms and Conditions. Failure to read any part of this solicitation will not relieve an awarded contractor of his/her contractual obligations.

4.1. Failure to comply with this section may result in disqualification of the response.

4.2. Responses to this solicitation will be received until the date and time shown above. Incomplete or late responses will not be considered.

4.3. Responses to this solicitation may be submitted in original hard copy to the address below. An authorized officer of the respondent must manually sign submittal.

Original hard copy responses must:

• Be enclosed in sealed envelope(s) or sealed carton(s). Include the solicitation number, time, date of opening and title of the solicitation on the face of sealed envelope(s) or sealed carton(s).

• Include the respondent’s name, address and telephone number on the face of all sealed envelope(s) or sealed carton(s).

The physical address for hand delivery only is:

Texas Health and Human Services Commission Procurement and Contracting Services

Attn: Julie Call, CTPM, CTCM 1100 W 49th St. MC: 2020

Procurement and Contracting Services Building Austin, TX 78756

Fax responses will NOT be accepted. Emailed responses and responses submitted electronically through the HHS Online Bid Room will be accepted. Emailed responses must be submitted to: pcsbids@hhsc.state.tx.us. For instructions regarding registration and use of the HHS Online Bid Room, see Appendix D. Online, electronic responses must be submitted to :

https://hhs.texas.gov/doing-business-hhs/contracting-hhs/hhs-online-bid-room.

HHSC/PCS will not be responsible for failure of electronic equipment or operator error. Late, illegible, incomplete or otherwise non-responsive submissions will not be considered.

Response must include all required information/documents for this specification but may contain additional information considered pertinent by respondent. HHSC/PCS reserves the right to reject any or all responses. All responses become property of HHSC/

PCS.

Respondent must provide the following contact information for the submitted response:

Respondent Contact Person:

Respondent Contact Phone Number:

Respondent Contact Fax Number:

mailto:pcsbids@hhsc.state.tx.us

5. QUESTIONS

Except for HUB inquiries, the sole point of contact for inquiries concerning this solicitation is:

Purchaser's Name: Julie Call, CTPM, CTCM

HHSC/ PCS

Tel: 512-406-2514 Email address: julie.call@hhsc.state.tx.us

Except for HUB inquiries, direct all communications relating to this solicitation in writing to the HHSC/PCS contact person named above. All other communications between a respondent and HHS agency staff concerning this solicitation are prohibited. In no instance is a respondent to discuss cost information contained in a response with the HHSC/ PCS point of contact or any other staff prior to response evaluation. Failure to comply with these requirements may result in response disqualification.

Deadline for receipt of questions is 5:00 PM CDT Monday, May 4, 2020. Questions will be answered in the form of an addendum to the solicitation which will be posted to the Comptroller’s Electronic State Business Daily (ESBD) at the following link:

http://www.txsmartbuy.com/sp

No communication, verbal or written, shall change any of the specifications within this IFB. Specifications shall be changed only via written addendum to the solicitation.

VENDOR CHECKS

HHSC is required to perform certain “vendor checks” before awarding a purchase order. If a vendor does not pass one or more of these vendor checks, the award may go to the next lowest bidder whose product(s) meet specifications, and who passes all the vendor checks. Some of the vendor checks are listed below; not all have URL links available to non-governmental entities.

(a) Vendor Hold with the State of Texas (no URL link available to non-governmental entities).

(b) HHSC Exclusions (no URL link available to non-governmental entities).

(c) Franchise Tax Status (vendor must be listed as “Active” – indicating vendor has a right to transact business in the state of

Texas). If exempt, the Texas Comptroller’s office should provide vendor with a “no nexus” letter:

https://mycpa.cpa.state.tx.us/coa/search.do?userType=public

(d) Debarred Vendor List (vendor must not be listed on this list):

https://comptroller.texas.gov/purchasing/programs/vendor-performance-tracking/debarred-vendors.php

(e) System for Award Management (SAM):

https://www.sam.gov/SAM/pages/public/searchRecords/search.jsf

(f) Office of Inspector General List of Excluded Individuals/Entities (LEIE) – Federal Exclusions:

https://exclusions.oig.hhs.gov/

(g) Texas Legislative Prohibitions (Companies that boycott Israel; Designated Foreign Terrorist Organizations; Scrutinized

Companies with ties to Iran; Scrutinized Companies with ties to Sudan; and Scrutinized Companies with ties to Foreign Terrorist Organizations):

Note - a vendor passes the Texas Legislative Prohibitions check by NOT being listed on any of the lists on the link below:

https://comptroller.texas.gov/purchasing/publications/divestment.php mailto:julie.call@hhsc.state.tx.us http://www.txsmartbuy.com/sp https://mycpa.cpa.state.tx.us/coa/search.do?userType=public https://comptroller.texas.gov/purchasing/programs/vendor-performance-tracking/debarred-vendors.php https://www.sam.gov/SAM/pages/public/searchRecords/search.jsf https://exclusions.oig.hhs.gov/ https://comptroller.texas.gov/purchasing/publications/divestment.php

6. PCS AMENDMENTS AND ANNOUNCEMENTS REGARDING THIS SOLICITATION

PCS will post all official communication regarding this solicitation on the ESBD website, including the notice of award for solicitations exceeding $25,000. PCS reserves the right to revise the solicitation at any time. Any changes, amendments, or clarifications will be made in the form of written responses to respondent questions, amendments, or addendum issued by PCS on the ESBD website. Respondents should check the website frequently for notice of matters affecting the solicitation.

7. HISTORICALLY UNDERUTILIZED BUSINESS (HUB) REQUIREMENTS

HHSC encourage respondents to submit their HUB Subcontracting Plans (HSP) to the contact person named in section below for a courtesy review. Submit the HSPs for review on or before April 27, 2020 by 2PM CST.

The sole point of contact for HUB inquires:

Texas Health and Human Services Commission Ann Tillman, CTCM, CTCD, CPIM(APICS) HUB Coordinator Phone: (512) 406-2476 E-mail: Ann.Tillman@hhsc.state.tx.us

HHSC is committed to promoting full and equal business opportunities for businesses in state contracting in accordance with the goals specified in the State of Texas Disparity Study. HHSC encourages the use of Historically Underutilized Businesses (HUBs) through race, ethnic and gender-neutral means. HHSC has adopted administrative rules relating to HUBs and a Policy on the Utilization of HUBs which is located on HHSC’s website.

Pursuant to Texas Government Code §2161.181 and §2161.182 and HHSC’s HUB policy and rules, HHSC is required to make a good faith effort to increase HUB participation in its contracts. HHSC may accomplish the goal of increased HUB participation by contracting directly with HUBs or indirectly through subcontracting opportunities.

7.1 HHSC’s Administrative Rules

HHSC has adopted the CPA’s HUB rules as its own. HHSC’s rules are located in the Texas Administrative Code Title 1, Part 15, Chapter 391, Subchapter G and the CPA rules are located in Texas Administrative Code Title 34, Part 1, Chapter 20, Subchapter D, Division 1. If there are any discrepancies between HHSC’s administrative rules and this IFB, the rules shall take priority.

7.2 Statewide Annual HUB Utilization Goal

The CPA has established statewide annual HUB utilization goals for different categories of contracts in Texas Administrative Code Title 34, Part 1, Chapter 20, Subchapter B, §20.284 of the HUB rules. In order to meet or exceed the statewide annual HUB utilization goal, HHSC encourages outreach to certified HUBs. Contractors shall make a good faith effort to include certified HUBs in the procurement process.

This procurement is classified as a Commodities procurement under the CPA rule and therefore has a statewide annual HUB utilization goal of 21.1% per fiscal year.

7.3 Required HUB Subcontracting Plan

In accordance with Texas Government Code Chapter 2161, Subchapter A, §2161.252 (a) each state agency that considers entering into a contract with an expected value of $100,000 or more shall, before the agency solicits bids, proposals, offers, or other applicable expressions of interest for the contract, determine whether there will be subcontracting opportunities under the contract. If the state agency determines that there is that probability, the agency shall require that each bid, proposal, offer, or other applicable expression of interest for the contract include a historically underutilized business subcontracting plan

In accordance with Texas Administrative Code Title 34, Part 1, Chapter 20, Subchapter D, Division 1, §20.285(a)(1)(C) of the HUB Rule, state agencies may determine that subcontracting is probable for only a subset of the work expected to be performed or the funds to be expended under the contract. If an agency determines that subcontracting is probable on only a portion of a contract, it shall document its reasons in writing for the procurement file.

HHSC has determined that subcontracting opportunities are probable for this IFB. As a result, the respondent must submit an HSP with its proposal. The HSP is required whether a respondent intends to subcontract or not.

mailto:Ann.Tillman@hhsc.state.tx.us http://www.hhsc.state.tx.us/about_hhsc/BusOpp/HUB/HHSC_Policy.shtml http://www.hhsc.state.tx.us/about_hhsc/BusOpp/HUB/HHSC_Policy.shtml https://statutes.capitol.texas.gov/Docs/GV/htm/GV.2161.htm https://statutes.capitol.texas.gov/Docs/GV/htm/GV.2161.htm http://texreg.sos.state.tx.us/public/readtac$ext.ViewTAC?tac_view=5&ti=1&pt=15&ch=391&sch=G&rl=Y http://texreg.sos.state.tx.us/public/readtac$ext.ViewTAC?tac_view=5&ti=1&pt=15&ch=391&sch=G&rl=Y http://texreg.sos.state.tx.us/public/readtac$ext.ViewTAC?tac_view=5&ti=34&pt=1&ch=20&sch=D&div=1&rl=Y http://texreg.sos.state.tx.us/public/readtac$ext.ViewTAC?tac_view=5&ti=34&pt=1&ch=20&sch=D&div=1&rl=Y http://texreg.sos.state.tx.us/public/readtac$ext.TacPage?sl=R&app=9&p_dir=&p_rloc=&p_tloc=&p_ploc=&pg=1&p_tac=&ti=34&pt=1&ch=20&rl=284 https://statutes.capitol.texas.gov/Docs/GV/htm/GV.2161.htm http://texreg.sos.state.tx.us/public/readtac$ext.TacPage?sl=R&app=9&p_dir=&p_rloc=&p_tloc=&p_ploc=&pg=1&p_tac=&ti=34&pt=1&ch=20&rl=285

Submit one (1) copy of the HUB Subcontracting Plan (HSP), in accordance with the IFB, in a separate sealed envelope, with the IFB submission, labeled: HUB Subcontracting Plan (HSP), and include all supporting documentation in accordance with the HSP.

In the HSP, a respondent must indicate whether it is a Texas certified HUB. Being a certified HUB does not exempt a respondent from completing the HSP requirement.

HHSC shall review the documentation submitted by the respondent to determine if a good faith effort has been made in accordance with solicitation and HSP requirements. During the good faith effort evaluation, HHSC may, at its discretion, allow revisions necessary to clarify and enhance information submitted in the original HSP.

If HHSC determines that the respondent’s HSP was not developed in good faith, the HSP will be considered non-responsive and will be rejected as a material failure to comply with advertised specifications. The reasons for rejection shall be recorded in the procurement file.

7.4 CPA Centralized Master Bidders List

Respondents may search for HUB subcontractors in the CPA’s Centralized Master Bidders List (CMBL) HUB Directory, which is located on the CPA’s website at https://mycpa.cpa.state.tx.us/tpasscmblsearch/tpasscmblsearch.do. For this procurement, HHSC has identified the following class and item codes for potential subcontracting opportunities:

7.4.1 National Institute of Governmental Purchasing (NIGP) Class/Item Code(s):

• 060-01 Adapters and Clevises, Automotive Parts;

• 465-78 Pumps, Hospital: Breast, Enteral and IV Feeding, Pressure, and Vacuum;

• 475-49 Instructional Aids and Training Programs, Medical;

• 655-25 Camera Carrying Cases, Gadget Bags, etc;

• 658-91 Tubing, Plastic and PVC;

• 659-06 Adapters;

• 659-44 Ferrules, Flanges, Glands;

• 670-77 Valves, Plastic: Ball, Check, Diaphragm, Globe, etc;

• 785-70 Instructional Aids: Courses, Ancillary Materials, DVDs, etc;

• 936-62 Pumps and Pump Accessories Maintenance and Repair; and

• 962-86 Transportation of Goods, Shipping & Handling, and Other Freight Services.

Respondents are not required to use, nor limited to using, the class and item codes identified above, and may identify other areas for subcontracting.

HHSC does not endorse, recommend nor attest to the capabilities of any company or individual listed on the CPA’s CMBL. The list of certified HUBs is subject to change, so respondents are encouraged to refer to the CMBL often to find the most current listing of HUBs.

7.5 HUB Subcontracting Procedures – If a Respondent Intends to Subcontract

An HSP must demonstrate that the respondent made a good faith effort to comply with HHSC’s HUB policies and procedures. The following subparts outline the items that HHSC will review in determining whether an HSP meets the good faith effort standard. A respondent that intends to subcontract must complete the HSP to document its good faith efforts.

7.5.1 Identify Subcontracting Areas and Divide Them into Reasonable Lots

A respondent should first identify each area of the contract work it intends to subcontract. Then, to maximize HUB participation, it should divide the contract work into reasonable lots or portions, to the extent consistent with prudent industry practices.

https://mycpa.cpa.state.tx.us/tpasscmblsearch/tpasscmblsearch.do

7.5.2 Notify Potential HUB Subcontractors

The HSP must demonstrate that the respondent made a good faith effort to subcontract with HUBs. The respondent’s good faith efforts shall be shown through utilization of all methods in conformance with the development and submission of the HSP and by complying with the following steps:

Divide the contract work into reasonable lots or portions to the extent consistent with prudent industry practices. The respondent must determine which portions of work, including goods and services, will be subcontracted.

Use the appropriate method(s) to demonstrate good faith effort. The respondent can use either method(s) 1, 2, 3, 4 or 5:

7.5.2.1 Method 1: Respondent Intends to Subcontract with only HUBs:

The respondent must identify in the HSP the HUBs that will be utilized and submit written documentation that confirms 100% of all available subcontracting opportunities will be performed by one or more HUBs; or,

7.5.2.2 Method 2: Respondent Intends to Subcontract with HUB Protégé(s):

The respondent must identify in the HSP the HUB Protégé(s) that will be utilized and should:

• include a fully executed copy of the Mentor Protégé Agreement, which must be registered with the CPA prior to submission to HHSC, and

• identify areas of the HSP that will be performed by the Protégé.

HHSC will accept a Mentor Protégé Agreement that has been entered into by a respondent (Mentor) and a certified HUB (Protégé) in accordance with Texas Government Code §2161.065. When a respondent proposes to subcontract with a Protégé(s), it does not need to provide notice to three (3) HUB vendors for that subcontracted area.

Participation in the Mentor Protégé Program, along with the submission of a Protégé as a subcontractor in an HSP, constitutes a good faith effort for the particular area subcontracted to the protégé; or,

7.5.2.3 Method 3: Respondent Intends to Subcontract with HUBs and Non-HUBs (Meet or Exceed the Goal):

The respondent must identify in the HSP and submit written documentation that one or more HUB subcontractors will be utilized and that the aggregate expected percentage of subcontracts with HUBs will meet or exceed the goal specified in this solicitation. When utilizing this method, only HUB subcontractors that have existing contracts with the respondent for five years or less may be used to comply with the good faith effort requirements.

When the aggregate expected percentage of subcontracts with HUBs meets or exceeds the goal specified in this solicitation, respondents may also use non-HUB subcontractors; or,

7.5.2.4 Method 4: Respondent Intends to Subcontract with HUBs and Non-HUBs (Does Not Meet or Exceed the Goal):

The respondent must identify in the HSP and submit documentation regarding both of the following requirements:

• Written notification to trade organizations and/or development centers to assist in identifying potential HUBs of the subcontracting opportunities the respondent intends to subcontract.

Respondents must give trade organizations and/or development centers at least seven (7) working days prior to submission of the respondent's response for dissemination of the subcontracting opportunities to their members. A list of trade organizations and/or development centers is located on CPA’s website under the Small, Minority and Women Business Trade Organizations and Development Centers.

http://www.statutes.legis.state.tx.us/Docs/GV/htm/GV.2161.htm#2161.065 https://comptroller.texas.gov/purchasing/vendor/hub/resources.php https://comptroller.texas.gov/purchasing/vendor/hub/resources.php

• Written notification to at least three (3) HUB businesses of the subcontracting opportunities that the respondent intends to subcontract. The written notice must be sent to potential HUB subcontractors prior to submitting proposals and must include:

o a description of the scope of work to be subcontracted;

o information regarding the location to review project plans or specifications;

o information about bonding and insurance requirements;

o required qualifications and other contract requirements; and o a description of how the subcontractor can contact the respondent.

• Respondents must give potential HUB subcontractors a reasonable amount of time to respond to the notice, at least seven (7) working days prior to submission of the respondent's response unless circumstances require a different time period, which is determined by the agency and documented in the contract file.

• Respondents must also use the CMBL, the HUB Directory, and Internet resources when searching for HUB subcontractors.

Respondents may rely on the services of contractor groups, local, state and federal business assistance offices, and other organizations that provide assistance in identifying qualified applicants for the HUB program.

7.5.3 Written Justification of the Selection Process

HHSC will make a determination if a good faith effort was made by the respondent in the development of the required HSP. One or more of the methods identified in the previous sections may be applicable to the respondent’s good faith efforts in developing and submission of the HSP. HHSC may require the respondent to submit additional documentation explaining how the respondent made a good faith effort in accordance with the solicitation.

A respondent must provide written justification of its selection process if it chooses a non-HUB subcontractor. The justification should demonstrate that the respondent negotiated in good faith with qualified HUB bidders and did not reject qualified HUBs who were the best value responsive bidders.

7.6 Method 5: Respondent Does Not Intend to Subcontract

When the respondent plans to complete all contract requirements with its own equipment, supplies, materials and/or employees, it is still required to complete an HSP.

The respondent must complete the “Self-Performance Justification” portion of the HSP and attest that it does not intend to subcontract for any goods or services, including the class and item codes identified in Section 4.5.1. In addition, the respondent must identify the sections of the proposal that describe how it will complete the Scope of Work using its own resources or provide a statement explaining how it will complete the Scope of Work using its own resources. The respondent must agree to comply with the following if requested by HHSC:

• provide evidence of sufficient respondent staffing to meet the IFB requirements;

• provide monthly payroll records showing the respondent staff fully dedicated to the contract;

• allow HHSC to conduct an onsite review of company headquarters or work site where services are to be performed and,

• provide documentation proving employment of qualified personnel holding the necessary licenses and certificates required to perform the Scope of Work.

7.7 Post-award HSP Requirements

The HSP shall be reviewed and evaluated prior to contract award and, if accepted, the finalized HSP will become part of the contract with the successful respondent(s).

After contract award, HHSC will coordinate a post-award meeting with the successful respondent to discuss HSP reporting requirements. The contractor must maintain business records documenting compliance with the HSP and must submit monthly subcontract reports to HHSC by completing the HUB HSP Prime Contractor Progress Assessment Report. This monthly report is required as a condition for payment to report to the agency the identity and the amount paid to all subcontractors.

As a condition of award, the Contractor is required to send notification to all selected subcontractors as identified in the accepted/approved HSP. In addition, a copy of the notification must be provided to the agency’s Contract Manager and/or HUB Program Office within 10 days of the contract award.

During the term of the contract, if the parties in the contract amend the contract to include a change to the scope of work or add additional funding, HHSC will evaluate to determine the probability of additional subcontracting opportunities. When applicable, the Contractor must submit an HSP change request for HHSC review. The requirements for an HSP change request will be covered in the post-award meeting.

When making a change to an HSP, the Contractor will obtain prior written approval from HHSC before making any changes to the HSP. Proposed changes must comply with the HUB Program good faith effort requirements relating to the development and submission of a HSP.

http://www.hhsc.state.tx.us/about_hhsc/Contracting/rfp_attch/AttchE.pdf

If the Contractor decides to subcontract any part of the contract after the award, it must follow the good faith effort procedures outlined in Section 4.6 of this IFB (e.g., divide work into reasonable lots, notify at least three (3) vendors per subcontracted area, provide written justification of the selection process, and/or participate in the Mentor Protégé Program).

For this reason, HHSC encourages respondents to identify, as part of their HSP, multiple subcontractors who are able to perform the work in each area the respondent plans to subcontract. Selecting additional subcontractors may help the selected contractor make changes to its original HSP, when needed, and will allow HHSC to approve any necessary changes expeditiously.

Failure to meet the HSP and post-award requirements will constitute a breach of contract and will be subject to remedial actions.

HHSC may also report noncompliance to the CPA in accordance with the provisions of the Vendor Performance and Debarment Program.

8. ESTIMATED QUANTITIES

8.1. Neither PCS nor any HHS agency guarantees the acquisition of any quantities of goods or services during the term of the contract. "Quantity" information is provided only as a guideline for preparing the response. The quantity information should not be construed as representing anticipated or actual quantities that will be ordered. See Exhibit C1 – Historical Annual Orders.

8.2. PCS does not guarantee the use of the blanket contract or the award of services for any facility or office. HHSC reserves the right to resolicit some or all of the facilities or office locations if PCS determines that it is in the best interest for the state.

9. METHOD AND TERMS FOR ORDERING

9.1. Release orders for these services will be issued by PCS on an as needed basis or may be requested (call out) by the

Contract Manager as needed if indicated in the solicitation.

9.2. Effective dates of Release orders: The vendor shall honor all release orders that are prepared, dated and approved by

PCS prior to the conclusion of each contract period and/or the date of expiration of the blanket order. The contractor will be obligated to fill these orders if received by the contractor within a period of fifteen (15) days following the end of each period.

10. SCOPE OF WORK (SOW) TO BE PERFORMED

Description of Services: to provide service and/or goods that include, but are not limited to, breast pumps, breast pump accessories, and technical support for the Texas Special Supplemental Nutrition Program for Women, Infants, and Children

(WIC).

10.1. Multi-User Electric Pump:

10.1.1. Shall be a new or refurbished pump. If bidding refurbished, must include a bid for new;

10.1.2. Be fully assembled;

10.1.3. Be UL listed and use a 110-volt electrical outlet;

10.1.4. Be adaptable for single or double pumping;

10.1.5. Be easy to clean, using common household detergents;

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

10.1.7. Have the ability to operate at a vacuum pressure of at least 220 mm Hg at the breast flange;

10.1.8. Have the ability to alternate vacuum pressure settings during milk collection;

10.1.9. Automatically cycle;

10.1.10. Have adjustable or variable cycling with the ability to cycle at a range of sixty (60) to seventy-two (72) times per minute.

10.1.11. 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;

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

10.1.13. Comply with all the Federal Drug Administration (FDA) requirements as a multi-user electric pump and provide

HHSC proof of marketing clearance;

10.1.14. Be effective at establishing and maintaining a mother’s milk supply for the majority of users;

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

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

o Be made of durable, washable material easily cleaned and disinfected;

o Be designed for repeated use by more than one (1) woman;

o Include a shoulder strap, preferably adjustable that is conferrable for majority of users;

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

o 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);

o 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);

10.1.17. Have battery adaptability and a vehicle adapter, which can be plugged into any vehicle;

10.2. Sterile Milk Collection Kit for use with Multi-User Electric Pump:

10.2.1. Be specifically designed and manufactured to work with multi-user electric breast pump;

10.2.2. Be sterilized prior to packaging, fully or partially assembled, and ready for immediate use upon delivery;

10.2.3. Comply with all Food and Drug Administration requirements as a milk collection kit;

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

10.2.5. Be bisphenol-A (BPA) and DEHP-free;

10.2.6. Include a minimum of four (4) different sized breast flanges, which include two (2) standard sizes, to accommodate different sized breasts and nipples. Flanges should be comfortable for most users. Vendor(s) shall list size of flanges in millimeters on bid and pricing schedule, see Exhibit C Pricing Sheet;

10.2.7. Include at least two (2) reusable milk collection containers with spill-proof standard size caps that:

o Are easy to remove with minimal spillage;

o Hold a minimum of four (4) ounces and no more than six (6) ounces;

10.2.8. Include tubing material that meets industry standard and is specific to the multi-user electric pump;

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

10.2.10. Contain all parts to easily convert to a manual pump;

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

10.3. Single-User Electric Pump with Milk Collection Kit:

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

10.3.2. Complies with all Food and Drug Administration requirements as a milk collection kit;

10.3.3. Is made of materials that maintain integrity and functionality, allowing for repeated boiling and dishwasher cleaning;

10.3.4. Is bisphenol-A (BPA) and DEHP-free;

10.3.5. Include a minimum of four (4) different sized breast flanges, which include two (2) standard sizes, to accommodate different sized breasts and nipples. Flanges should be comfortable for most users. Vendor(s) shall list size of flanges in millimeters on bid and pricing schedule, see Exhibit C Pricing Sheet;

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

o Are easy to remove with minimal spillage;

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

o Includes at least one (1) extra membrane and/or valve;

o Contain all parts to easily convert to a manual pump;

10.3.7. Be UL listed and use a 110-volt electrical outlet;

10.3.8. Be adaptable for single or double pumping;

10.3.9. Be easy to clean, using common household detergents;

10.3.10. Include carrying case. Carrying case shall:

o Be made of durable, washable material;

o Include a shoulder strap, preferably adjustable that is conferrable for majority of users;

o Include an insulated section or separate insulated case;

o Include 2 to 4 cold packs to accommodate transportation of breastmilk in manufacturers’ milk collection containers;

10.3.11. Have the ability to operate at a vacuum pressure of at least 220 mm Hg at the breast flange;

10.3.12. Have the ability to alternate vacuum pressure settings during milk collection;

10.3.13. Automatically cycle;

10.3.14. Have adjustable or variable cycling with the ability to cycle at a range of sixty (60) to seventy-two (72) times per minute.

10.3.15. Have battery adaptability and vehicle adapter, which can be plugged into any vehicle;

10.3.16. 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;

10.3.17. Comply with all Food and Drug Administration (FDA) requirements as a single-user electric pump. Vendor shall provide HHSC proof of marketing clearance;

10.3.18. Be effective at establishing and maintaining a mother’s milk supply for most users;

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

10.4. Manual Pump:

10.4.1. Be designed to create suction which is independent of the collection bottle;

10.4.2. Be easy to clean, using common household detergents;

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

10.4.4. Have a mechanism that allows for variable pressures to be adjusted by the user;

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

10.4.6. Be bisphenol-A (BPA) and DEHP-free

10.4.7. Include a minimum of two (2) different sized breast flanges, which include one (1) standard size, to accommodate different sized breasts and nipples. Flanges should be comfortable for most users. Vendor(s) shall list size of flanges in millimeters on bid and pricing schedule, see Exhibit C Pricing Sheet;

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

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

10.4.10. Have the ability to pump the breast with a smooth action;

10.4.11. Be easy to disassemble, clean and reassemble;

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

10.4.13. Comply with all FDA requirements as a manual pump. Vendor shall provide HHSC with proof of marketing clearance;

10.4.14. Be effective in extracting milk for the majority of users;

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

10.5. Additional Sized Breast Flanges:

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

10.5.2. Be available in two (2) or more additional flange sizes different from those included in the sterile milk collection kits, single-user electric pump, and manual pump specifications; Vendor(s) shall list size of flanges in millimeters on bid and pricing schedule, see Exhibit C Pricing Sheet;

10.5.3. May be packaged with the milk collection kit or separately;

10.5.4. Be bisphenol-A (BPA) and DEHP-free.

10.6. Printed Materials:

10.6.1. Be included with all awarded products;

10.6.2. Include assembly of pump, use, and cleaning instructions.

10.6.3. Include pictures or diagrams that support the written directions;

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

10.6.5. Be in both English and Spanish;

10.6.6. Be free of mention or advertisement of infant feeding supplements and devices unrelated to contracted products;

10.6.7. Be free of warranty information;

10.6.8. Be pre-approved by the HHSC point of contact. Prior to printing, vendor(s) shall send printed materials to HHSC for approval within sixty (60) days of award. HHSC shall return approved printed materials to vendor(s) within sixty (60) days of receipt from vendor(s);

10.6.9. HHSC WIC approved printed materials for each breast pump shall be inserted into product or packaging prior to delivery.

10.7. Audiovisual and Media:

Instructional Video (including a DVD Master copy):

10.7.1. Each multi-user and single-user electric pump shall have an instructional video on the following, at minimum:

o Assembly of milk collection kit;

o Attachment of milk collection kit to pump;

o Proper use of pump;

o Proper breast flange fitting;

o Cleaning of pump and milk collection kit;

10.7.2. Videos shall be free of mention or advertisement of infant feeding supplements and devices unrelated to contracted products;

10.7.3. Videos shall be available in English and Spanish;

10.7.4. Videos shall be closed captioned;

10.7.5. Videos shall be preapproved by HHSC. Vendor(s) shall send videos for approval within sixty (60) days of award. HHSC shall return feedback on videos within sixty (60) days of receipt from vendor(s);

10.7.6. Vendor shall provide original English and Spanish video files (MP4, Quick Time, or Apple Pro Res) and one master bilingual DVD to HHSC;

10.7.7. Vendor shall provide written permission for HHSC to duplicate videos or DVDs as needed.

10.8. Warranty:

10.8.1. Vendor(s) shall provide a minimum of three (3) year warranty for manufacturing defects on multi-user electric pumps specifications;

10.8.2. Warranty period for a multi-user pump shall begin when the product is received by the Local Agency (LA) as indicated by the LA Inventory Report;

10.8.3. Vendor(s) 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;

10.8.4. Vendor(s) shall provide a minimum ninety (90) day warranty for manufacturing defects on the manual pumps and additional sized breast flanges described in specifications;

10.8.5. Warranty period for the milk collection kits, single-user electric pumps, manual pumps, and breast flanges shall begin when the product is issued to the participant as indicated by WIC clinic issuance reports;

10.8.6. During warranty period, vendor(s) is responsible for repairing or replacing defective products with a new pump or parts (not refurbished) at no cost to HHSC or the WIC clinics. This includes, but is not limited to costs associated with replacement parts, labor, shipping and handling;

10.8.7. Repairs and replacements by the vendor(s) shall be completed and product(s) returned to the WIC clinic within thirty (30) calendar days of the vendor receiving the products;

10.8.8. During warranty period, vendor(s) shall provide up to one hundred (100) insect de-infestation treatments or repairs on Multi-User Electric Pumps per year at no cost to HHSC or the WIC clinics;

o If maximum de-infestation treatments are reached, vendor(s) shall agree to accept in warranty or out-of-warranty infested pumps for disposal;

10.8.9. Vendor(s) shall agree to accept out-of-warranty or “excluded from warranty” products described in this bid proposal for disposal at no cost with no requirement for WIC clinics to contact 3rd party source;

10.8.10. For breast pumps that are sent to the vendor(s) for repair, de-infestation, cleaning, and destruction, a written notice of receipt must be provided from the vendor(s) to the WIC LA/clinic immediately upon receipt of the breast pump.

10.9. Replacement and Accessory Parts:

10.9.1. Be available throughout the duration of the contract for WIC Clinics to order separately from the vendor(s);

10.9.2. Include, but are not limited to, coolers or insulated carrying cases, electric outlet adapters, tubing, diaphragms, valves, flanges, and vehicle adapters;

10.9.3. Awarded vendor(s) shall keep all replacement parts in stock at all times and ship within seven (7) business days of WIC LA/Clinic request.

10.10. Order Fulfillment shall meet the following criteria:

10.10.1. HHSC Ordering Authority may contact the awarded vendor(s) with specific order quantities approximately four

(4) times per year;

10.10.2. Awarded vendor(s) will be provided the requisition number by the HHSC Ordering Authority upon each order;

10.10.3. See Exhibit C-1 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.

10.11. Packaging shall meet the following criteria:

10.11.1. Multi and single-user electric pumps shall be packaged one (1) increment per shipping box;

10.11.2. Milk collection kits shall be packaged ten (10) increments per shipping box;

10.11.3. Manual pumps shall be packaged ten (10) increments per shipping box;

10.11.4. Vendor(s) shall indicate increments of products per shipping box in bid;

10.11.5. Additional sized breast flanges or breast flange sets:

o 31.0 mm or smaller shall be packaged Twelve (12) increments per shipping box;

o Larger than 31.0 mm shall be packaged Twelve (12) increments per shipping box;

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

10.11.7. 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 a standard bar code reader. The label should:

o Be color coded and easily distinguishable from other labels.

o Be easily visible and accessible for scanning.

10.12. Shipping and Delivery shall meet the following criteria:

10.12.1. Delivery to one (1) shipping centralized location;

10.12.2. Vendor(s) shall fulfill each HHSC order as one (1) order. Information from individual LA orders will not be provided;

10.12.3. HHSC requires delivery within forty-five (45) days after the HHSC Ordering Authority submits the order notification to the vendor(s);

10.12.4. Vendor(s) shall provide the HHSC Ordering Authority with a shipping schedule that includes delivery dates and quantities for HHSC review and approval within two (2) working days after each order notification.

o HHSC approval is required prior to finalizing shipping schedule;

o Vendor(s) must notify HHSC Ordering Authority for approval if variances with the shipping schedule’s dates or quantities occur as soon as vendor is aware of variances;

10.12.5. Shipping errors or variances are to be rectified by the vendor(s) at no cost to HHSC;

10.12.6. Vendor(s) shall ship all ordered products to designated shipping location, which will be shared upon award;

10.12.7. Vendor(s) shall notify the designated contact at the shipping location by telephone or email, two (2) working 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 upon award;

10.12.8. 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 a standard bar code reader. The label should:

o Be color coded or easily distinguishable from other labels.

o Be easily visible and accessible for scanning.

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

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

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

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

10.12.13. Pallets shall be shrink wrapped;

10.12.14. Shipments that contain broken, damaged, or incomplete shipping boxes…