IDPH 24-482DPH-OFCDI-B-40159 Q & A document HIV & WH Condom and Lube IFB 05222024 apo .docx

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Attached to
HIV & WH Condom and Lube IFB
Solicitation number
24-482DPH-OFCDI-B-40159
Issued by
St. Clair County, Illinois

About this file

This document is a Question and Answer (Q&A) document related to an Invitation for Bid (IFB) issued by the Illinois Department of Public Health (IDPH) for HIV and Women's Health Condom and Lube procurement. The IFB, numbered 24-482DPH-OFCDI-B-40159, is for the purchase of condoms and lubricants to be distributed to IDPH's HIV section prevention funded subcontractors. The procurement includes various condom sizes and types, including small, large, and extra-large condoms, as well as latex and non-latex (polyisoprene) condoms. The IFB does not have a Business Enterprise Program (BEP) or Veteran Small Business (VSB) participation goal, as the procurement is 100% federally funded.

The Q&A document provides responses to vendor questions, including clarification on condom sizing, material types, and instructions. It also confirms that there is no pre-submission conference scheduled and that FDA clearance is acceptable for the condoms and lubricants, which are considered Class II medical devices. The renewal pricing terms allow for annual price adjustments up to 3% or the Consumer Price Index (CPI), whichever is less.

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Illinois Department of Public Health HIV and WH Condom and Lube

24-482DPH-OFCDI-B-40159

Vendor Question Response 1

Questions:

1. I respectfully ask why no BEP participation goal was considered in the IFB.

· IDPH Response: There is no BEP goal as this procurement has 100% federal funding. No State funds will be used. See IFB, section A.21 Business Enterprise for Minorities, Women, and Persons with Disabilities Act Participation and Utilization Plan.

2. The specification for the small condom size length (maximum 6.5 inches or 165mm) is significantly smaller than the snug condoms most readily available (minimum 180 mm). Is this intentional?

· IDPH Response: For a small condom, 165mm is preferred, however, a maximum length of 180 mm is an acceptable substitution. (IFB Contract, section 1.2. Supplies and/or Services Required)

3. The non-latex condom is specified to be made of polyurethane. Most non-latex condoms are made of polyisoprene. Was the choice of polyurethane intentional? Is a substitute acceptable here? Please note that polyisoprene condoms conform to ASTMD 3492:2014.

· IDPH Response: Polyisoprene condoms are an acceptable substitution for non-latex condoms. (IFB Contract, section 1.2. Supplies and/or Services Required)

4. Sizing listed (small, large, XL) do not represent a typical range of condom size options (snug, standard, large/XL). Is this intentional?

· IDPH Response: Regardless of the size names listed in the IFB, the condom sizes are the sizes requested by IDPH. For a “small” condom, 165mm is preferred, however, a maximum length of 180 mm is an acceptable substitution. (IFB Contract, section 1.2. Supplies and/or Services Required)

5. What caused the 2023 version of this IFB (23-482DPH-HLTHP-B-34969) to be canceled and re-released? We are asking in case there is an impact to how we will need to prepare our bid re-submission this time around, such as a need to adjust pricing or other details of our response.

· IDPH Response: The procurement was cancelled due to the best interest of the State.

6. The BEP & VSB goals for this IFB are 0%. Does this mean that out-of-state vendors are not required to perform outreach to potential subcontractors within Illinois, and are not required to submit a utilization plan or BEP cure?

· IDPH Response: Vendors are not required to obtain a subcontractor. This procurement is not subject to a BEP nor VSB goal. See IFB, section A.21 Business Enterprise for Minorities, Women, and Persons with Disabilities Act Participation and Utilization Plan.

7. Please confirm that no pre-submission conference is scheduled.

· IDPH Response: There is no pre-submission conference. See IFB section 2 Offer to the State, #B.3 Pre-Submission Conference.

8. Condoms and lubricants are considered class II medical devices, which are FDA cleared through the 510k clearance process. Accordingly, they can be described as "FDA-cleared" rather than FDA “approved.” Please confirm that this is acceptable.

· IDPH Response: FDA clearance is acceptable. (IFB Contract, section 1.2. Supplies and/or Services Required)

9. BidBuy specifies item #5 as "female latex condom." The current female (internal) condom on the market is non-latex. Please confirm that this is acceptable.

· IDPH Response: Acceptable female/inserted/internal condoms should be non-latex. (IFB Contract, section 1.2. Supplies and/or Services Required)

10. With Regards to IFB #1.1.1. “Instructions for condoms must be available in English and Spanish.” Do the instructions need to be on each unit of measure or the case unit of measure only? Can the instructions be made available online, or are they required as a physical print out?

· IDPH Response: Instructions may be included in the case and do not need to be on each individual condom. (IFB Contract, section 1.2. Supplies and/or Services Required)

11. With regards to renewal pricing, is 3% the ceiling for price increases? In the event the State denies a price increase, is the vendor able to drop the item off the contract?

· IDPH Response: Bidders are not limited to a 3% cap for pricing on the renewal years. Bidders may price each year as they see fit. At the time of renewals, the State may entertain a price increase/adjustment of original bid pricing. However, any such adjustment is limited to 3% or the Price Index, All Urban Consumers (CPI-U), whichever is less. Please see IFB page 9 and 10, #2.5.1 for full description.

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