ESBD_File_347573_HHS0014056 Formal IFB.pdf

PCS 137 - SERVICES

Version 1.60 Page 1 of 50 Revised 09/13/2023

TEXAS HEALTH AND HUMAN SERVICES COMMISSION

Cecile E. Young, Executive Commissioner

Invitation for Bids for

Breast Pumps, Breast Pump Accessories and Technical Support

IFB No. HHS0014056

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

Solicitation Date Posted to ESBD 1-23-24

Vendor Conference, Vendor and HUB Conference, On-Site Visit NA

Questions or Clarifications Submission Deadline 1-30-24

Responses to Questions or Clarifications - Addendum posted on the ESBD 2-01-24

Courtesy Review of HUB Subcontracting Plan (HSP) Submission Deadline 1-30-24

Response Deadline 2-13-24, 10:30 AM

Anticipated Contract Start Date 9-1-24

Version 1.60 Page 2 of 50 Revised 09/13/2023

Table of Contents 1 Introduction and Purpose of Solicitation

1.1 Historical Monetary Value

1.2 No Guarantee of Volume, Usage or Compensation

1.3 Solicitation Components

2 Procurement Schedule 3 Withdrawal of Response 4 HHSC Overview 5 Definitions 6 General Solicitation Information

6.1 Sole Point of Contact and Communications

6.2 Exception to the Sole Point of Contact

6.3 Offer Period

6.4 Costs Incurred

6.5 Changes, Modifications and Cancellation

6.6 Ambiguity, Conflict, Discrepancy

6.7 Solicitation Questions or Clarifications

6.8 Notification of Addenda or Cancellation

7 Scope of Work (SOW)

7.1 Scope of Services to be Performed

7.2 Service Location(s)

7.3 Performance Schedule

7.4 Outside Regular Hours

7.5 State Holidays

7.6 Minimum Experience and Qualifications

7.7 HHS Agency Responsibilities

7.8 Contractor Responsibilities

7.9 Controlled Correspondence

7.10 Contractor Equipment

7.11 Absenteeism and Vacation

7.12 Telephone Service

7.13 24-Hour Contact

7.14 Contractor and Contractor Personnel Conduct

7.15 Performance Compliance

7.16 Intoxicants and Illegal Drugs Prohibited

7.17 Smoking Prohibited

8 HUB Subcontracting Plan (HSP) Requirements

Version 1.60 Page 3 of 50 Revised 09/13/2023

8.1 HUB Subcontracting Plan (HSP)

8.2 Courtesy Review of HSP

9 Pricing Information

9.1 Pricing Structure

9.2 Price Adjustments

10 Changes to The Contract 11 Contract Term

11.1 Term of Contract or Purchase Order

11.2 Initial Contract Term:

11.3 Renewal Option(s)

11.4 Extension Option

12 Contract Administration/Transactional Purchase Order Administration

12.1 Contract Manager/Program Lead

12.2 Services Performed

12.3 Performance Reporting

12.4 Contractor Response to Notification of Non-Material Deficiency

12.5 Corrective Action Plan (The Plan)

12.6 Performance Issues

12.7 Confidential or Proprietary Information

12.8 Bidder Waiver – Intellectual Property

13 Invoicing and Payment

13.1 Bill-to Address

13.2 Invoice Information

13.3 Invoice Submission

13.4 Disputed Invoice(s)

14 Insurance Requirements

14.1 Specific Insurance Requirements

14.2 Workers’ Compensation and Employers’ Liability

14.3 Commercial Automobile Liability

14.4 Commercial General Liability

14.5 Umbrella/Excess Liability

15 Screening of Responses

15.1 Administrative Screening

15.2 Irregularities

16 Evaluation

16.1 Evaluation of Responses

16.2 Conformance with State Law for Evaluation

Version 1.60 Page 4 of 50 Revised 09/13/2023

16.3 Specific Evaluation Criteria

17 Award 18 Disclosure of Interested Parties 19 Protest Procedures Appendix A – Submission Instructions and Response Checklist Addendum Acknowledgement Form(s), if applicable

Version 1.60 Page 5 of 50 Revised 09/13/2023

1 Introduction and Purpose of Solicitation 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 solicitations 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 Solicitation.

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

1.1 Historical Monetary Value

HHS compensation under Contracts with similar scope and size to this Solicitation has been approximately $4,380,925 per fiscal year. Notwithstanding Section 1.1 (Historical Compensation), HHSC reserves the right to adjust any projected amount based on state funding during the term of a resulting Contract. No Guarantee of Volume, Usage or Compensation

1.2 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 Solicitation. Additionally, all HHS Agency contracts are subject to appropriations, the availability of funds, and termination.

The estimated historical quantities included in the Price Sheet are 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.

1.3 Solicitation Components

This Solicitation includes the following items:

• HHS0014056 Exhibit A – HHS Solicitation Affirmations

• HHS0014056 Exhibit B – PCS 111-Contract Affirmations and HHS Uniform Terms and Conditions (UTCs)

• HHS0014056 Exhibit C – Bid Execution Page

• HHS0014056 Exhibit D – Pricing Sheet

Version 1.60 Page 6 of 50 Revised 09/13/2023

• HHS0014056 Exhibit E – Bidder Reference Form

• HHS0014056 Exhibit F – HHS Online Bid Room Information

• HHS0014056 Exhibit G – Historically Underutilized Business (HUB) Subcontracting Plan (HSP) Requirements

• HHS0014056 Exhibit H - Cost Proposal

• HHS0014056 Exhibit I - Historical Annual Orders

• HHS0014056 Exhibit J - Criteria Response Sheet

• HHS0014056 Exhibit K - Assurances-Non-Construction Programs

• HHS0014056 Exhibit L - Certification Regarding Lobbying

2 Procurement Schedule The Procurement Schedule dates on the cover page of this Solicitation 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.

If, after the Response Deadline, there are delays that significantly impact the anticipated award date, HHSC, at its sole discretion, may publish updates regarding the anticipated award date in the Procurement Forecast (https://apps.hhs.texas.gov/procurement-calendar/procurement-forecast.pdf) located on the HHS Procurement Opportunities webpage currently accessed at https://www.hhs.texas.gov/business/contracting-hhs/procurement-opportunities.

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 before the Response Deadline. HHSC is not responsible for lost, misdirected or late Responses.

By submitting a Response, the Bidder represents and warrants that any individual submitting the Response and any related documents on behalf of the Bidder is authorized to do so and to bind the Bidder under any resulting contract.

3 Withdrawal of Response Responses may be withdrawn from consideration or amended at any time prior to the Response Deadline by submitting a written request by e-mail to the point of contact listed in Section 6.1 (Sole Point of Contact and Communications).

The e-mail subject line for withdrawal should contain the Solicitation (IFB) number as indicated on the cover page of this Solicitation. 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.

https://apps.hhs.texas.gov/procurement-calendar/procurement-forecast.pdf https://apps.hhs.texas.gov/procurement-calendar/procurement-forecast.pdf https://apps.hhs.texas.gov/procurement-calendar/procurement-forecast.pdf https://apps.hhs.texas.gov/procurement-calendar/procurement-forecast.pdf https://www.hhs.texas.gov/business/contracting-hhs/procurement-opportunities

Version 1.60 Page 7 of 50 Revised 09/13/2023

4 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 (HHS Agency).

PCS administers the procurement processes, which include Solicitation 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 Solicitation.

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

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

b) Bidder – Entity or individual that submits a response to this Solicitation. This term also 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 – A legally enforceable agreement between two or more parties. As a result of this Solicitation, HHSC may issue a Contract document or Purchase Order (see definition).

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

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 Solicitation and any resulting Contract, that the Contractor shall perform or deliver to the HHS Agency for acceptance.

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 http://www.statutes.legis.state.tx.us/Docs/GV/htm/GV.531.htm

Version 1.60 Page 8 of 50 Revised 09/13/2023 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 Solicitation, which provides terms and conditions, additional requirements and information related to this Solicitation.

j) HHS Agency - The Texas Health and Human Services Commission (HHSC) and the Texas Department of State Health Services (DSHS), separately or combined.

k) Purchase Order – A legally enforceable agreement between two or more parties. A Purchase Order is issued by HHSC indicating types, quantities, and agreed pricing for services and goods the Contractor will provide. Also considered a Contract.

l) Response – All information and materials submitted in response to this Solicitation. May also be referred to as Bid or Bid Response.

m) Respondent – A term interchangeable with Bidder.

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

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

p) 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.

q) 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 required in Exhibit A, HHS Solicitation Affirmations. Further information regarding this number may be accessed on the CPA website at https://fmx.cpa.texas.gov/fm/pubs/payment/gen_prov/index.php?s=payee_numreq&p =payee_numreq.

r) 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. (e.g., Hourly, Daily, Weekly, Monthly, etc.).

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

http://www.txsmartbuy.com/sp https://www.txsmartbuy.com/esbd https://fmx.cpa.texas.gov/fm/pubs/payment/gen_prov/index.php?s=payee_numreq&p=payee_numreq https://fmx.cpa.texas.gov/fm/pubs/payment/gen_prov/index.php?s=payee_numreq&p=payee_numreq https://fmx.cpa.texas.gov/fm/pubs/payment/gen_prov/index.php?s=payee_numreq&p=payee_numreq

Version 1.60 Page 9 of 50 Revised 09/13/2023

6 General Solicitation Information

6.1 Sole Point of Contact and Communications

The HHSC PCS Sole Point of Contact for inquiries concerning this Solicitation is:

Courtney Meads CTCD, CTCM

PCS Purchaser Goods Team

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 Solicitation. See Appendix A for submission requirements.

Bidders shall direct all communications, including questions or clarifications relating to this Solicitation, in writing 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.

See Appendix A for submission requirements. All other communications between a Bidder and HHS agency staff concerning this Solicitation are prohibited. In no instance is a Bidder to discuss cost information regarding this Solicitation and contained in a Response 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. Bidders seeking to contact the Sole Point of Contact should do so via e-mail in order to receive updated contact information.

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 Solicitation.

6.2 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, e.g., during contract negotiations, if allowed due to the circumstances of this procurement;

generally, negotiations are not allowed when soliciting with the Invitation for Bid method and

Version 1.60 Page 10 of 50 Revised 09/13/2023 there should be no expectation by Bidders that negotiations will be allowed for this procurement.

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.

6.3 Offer Period

By submitting a Response to this Solicitation, Bidder agrees that its Response will remain a firm and binding offer for at least the period of time, 240 days, as stated in the HHS Solicitation Affirmations (Exhibit A Solicitation Affirmations v 2.4 August 2023).

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

6.4 Costs Incurred

Bidder understands that issuance of this Solicitation or retention of responses in no way constitutes a commitment by HHSC to award a Contract. HHSC accepts no obligations for cost 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 Solicitation.

6.5 Changes, Modifications and Cancellation

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

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

6.6 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 Solicitation in the manner and by the deadline for submitting questions.

mailto:Cheryl.Bradley@hhs.texas.gov

Version 1.60 Page 11 of 50 Revised 09/13/2023

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 Solicitation, the Bidder, whether awarded a contract or not:

a) shall have waived any claim of error or ambiguity in the Solicitation 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.

6.7 Solicitation Questions or Clarifications

HHSC will allow written questions and requests for clarification regarding this Solicitation 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 solicitation) 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 solicitation) through a new Addendum. The notification will be processed in accordance with Notification of Addenda or Cancellation Section.

6.7.1 Submission of Questions or Clarifications

All questions and requests for clarification must be submitted in writing by e-mail and include the following information:

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

b) Section or Paragraph number from this Solicitation

c) Page Number of this Solicitation

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

e) Language, Topic, Section Heading being questioned.

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

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

Version 1.60 Page 12 of 50 Revised 09/13/2023

6.8 Notification of Addenda or Cancellation

6.8.1 Addenda Notification

Addenda for changes, modifications and answers to questions or requests for clarification as well as subsequent Addenda with amended answers to questions or requests for clarifications, will be posted to the ESBD. It is the responsibility of each Bidder to monitor the ESBD for any Addenda affecting this Solicitation. Failure to check the ESBD will in no way release any 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 Solicitation, such failure will not relieve the Bidder or Contractor of its obligation to fulfill the requirements as posted.

6.8.2 Cancellation Notification

HHSC reserves the right to cancel this Solicitation 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 Solicitation.

7 Scope of Work (SOW)

7.1 Scope of Services to be Performed.

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 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 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 250 mm Hg at the breast shield during use; a suction range just at the low or high end of the range is not acceptable.

8. Automatically cycle.

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

Version 1.60 Page 13 of 50 Revised 09/13/2023

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

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

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

15. 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).

16. 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 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 to (2) pairs of different standard sized breast flanges, to accommodate different sized breasts and nipples. Flanges shall meet criteria and safety

Version 1.60 Page 14 of 50 Revised 09/13/2023 standards for use. Respondents shall list size of flanges in millimeters on bid and Pricing Sheet, see Exhibit H -Cost Proposal.

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 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 standard size breast flanges, to accommodate different sized breasts and nipples. Flanges shall meet criteria and safety standards for use. Respondents shall list size of flanges in millimeters on bid and Pricing Sheet, see Exhibit H - Cost Proposal.

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 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.

Version 1.60 Page 15 of 50 Revised 09/13/2023

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 250 mm Hg at the breast shied during use; a suction range just at the low or high end of the range is not acceptable.

11. Automatically cycle.

12. Have adjustable or variable cycling with the ability to cycle at a range of sixty (60) to seventy-two (72) 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. Note: This will be documented and tracked using controlled correspondence, per Section 7.9 Controlled Correspondence.

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

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

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

7.1.4 Manual 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, > 250 mm 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) standard size, to accommodate different sized breasts and nipples. Flanges should meet criteria and safety standards for use. Respondents shall list size of flanges in millimeters on bid and Pricing Sheet, see Exhibit H - Cost Proposal.

Version 1.60 Page 16 of 50 Revised 09/13/2023

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 H

- Cost Proposal.

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.

Version 1.60 Page 17 of 50 Revised 09/13/2023

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 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.

Version 1.60 Page 18 of 50 Revised 09/13/2023

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

(3) 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.

Version 1.60 Page 19 of 50 Revised 09/13/2023

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 pumps shall be packaged one (1) unit per shipping box.

a. 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:

i. Be color coded and easily distinguishable from other labels.

ii. Be easily visible and accessible for scanning.

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

3. Manual 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 H - Cost Proposal.

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

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

Version 1.60 Page 20 of 50 Revised 09/13/2023

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

7.1.13 Samples

Respondent shall submit samples of products they choose to bid on as describe below. All samples may be provided in a separate package labeled “SAMPLES”. Respondent is responsible for ensuring the solicitation number and due date are clearly labeled on the outside of the package. Samples will not be returned.

Version 1.60 Page 21 of 50 Revised 09/13/2023

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

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

c) Single-User Electric Pump with caring case

d) Manual Pump

e) Additional different sized breast flanges

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 7.9 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.

7.2 Service Location(s)

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

b) Changes to location(s) for services include but are not limited to new office space within facility, office closure, consolidation of multiple offices increasing or decreasing square footage, expansion of an office into multiple offices, and relocation of office.

Version 1.60 Page 22 of 50 Revised 09/13/2023

The Map (PDF) of the HHS Regions may be accessed at:

https://hhs.texas.gov/sites/default/files/documents/about-hhs/hhs-regional-map.pdf

7.3 Performance Schedule

Contractor shall perform contracted services, including any minor adjustment call-back services, Monday through Friday between the hours of 8:00 a.m. and 5:00 p.m. (Central Time).

Contractor shall not interfere with normal flow of business at the service location.

Contractor shall respond to all service calls within four (4) hours of HHS Agency request unless the Response Deadline is extended by the HHS Agency Contract Manager.

7.4 Outside Regular Hours

Any services performed outside of regular work hours must be approved by the HHS Agency Contract Manager

HHS Agency reserves the right to declare any necessary work to be an emergency. Services performed by the Contractor outside of the regular service hours, without prior approval, will be at Contractor’s own risk and not considered or approved for payment at other than the established regular hours service rate.

Unless otherwise requested by HHS Agency, Contractor shall respond on-site to a request for emergency services within one (1) hour of notification and continue work until the services requested are complete to the satisfaction of HHS Agency.

7.5 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.

7.6 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, if requested in Exhibit D – Pricing Sheet.

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.

https://hhs.texas.gov/sites/default/files/documents/about-hhs/hhs-regional-map.pdf https://hr.sao.texas.gov/Holidays

Version 1.60 Page 23 of 50 Revised 09/13/2023

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 E – Bidder Reference Form.

7.7 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.

7.8 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 requested by WIC designee. Note: This will be documented and tracked using controlled correspondence, per Section 7.9 Controlled Correspondence.

d) Contractor shall not directly market, solicit materials or communicate with WIC Ls unless prior written authorization is approved by WIC designee or Contract Manager or unless resolving warranty issues.

e) Contractor shall not include coupons, advertisement of infant feeding supplements, feeding or suckling devices unrelated to contracted products, or other promotional items in any of packaging, shipments, boxes unless prior authorization is provided by WIC designee or Contract Manager.

f) Contractor shall maintain a record of all insect’s de-infestations provided during the life of the contract. Record shall include WIC LA name and dates of service. Contractor shall

Version 1.60 Page 24 of 50 Revised 09/13/2023 provide such record(s) to WIC designee and/or Contract Manager upon request. Note:

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

g) Contractor shall designate a phone number and email address for Texas WIC services, thirty (30) days after contract execution and provide the information to WIC designee and Contract Manager. Note: This will be documented and tracked using controlled correspondence, per Section 7.9 Controlled Correspondence.

h) Contractor shall designate a representative to specifically provide technical assistance upon request by WIC designee. Technical assistance shall include but not limited to, warranty issues, shipping discrepancies and special orders.

a. Contractor designated representative shall:

i. Be available Monday – Friday 8am-5pm CT, excluding federal holidays.

ii. Return emails, phone call requests and inquiries from HHSC and WIC LA within two (2) business days.

iii. Provide a solution to all inquiries or conflicts within five (5) business days.

i) Contractor must have written customer service policies and procedures. These policies and procedures must be submitted within fifteen (15) days following the execution of the contract, and if applicable, any subsequent updates to WIC designee and Contract Manager for approval.

a. Contractor representative shall be knowledgeable of contracted services and warranty requirements.

b. Contractor representative must provide technical assistance to WIC Designee and

WIC LA.

j) Contractor’s…