ITB010072_Contract_V3.pdf

STATE OF OHIO

DEPARTMENT OF ADMINISTRATIVE SERVICES

GENERAL SERVICES DIVISION

OFFICE OF PROCUREMENT SERVICES

4200 SURFACE ROAD, COLUMBUS, OH 43228-1395

MANDATORY USE CONTRACT FOR: TOTAL PARENTERAL NUTRITION (TPN) INTRAVENOUS PRODUCTS AND

ANCILLARY SUPPLIES

CONTRACT No.: ITB010072

CONTRACT ID: 10072

EFFECTIVE DATES: 11/1/2022 to 10/31/2025

SUPPLIER: KAUP PHARMACY

The Department of Administrative Services has accepted bids submitted in response to Invitation to Bid No. SRC 0000006229. The evaluation of the bid response(s) has been completed. The bidder(s) listed herein have been determined to be the lowest responsive and responsible bidder(s) and have been awarded a contract for the items(s) listed. The respective bid response, including the Instructions to Bidders and Standard Terms and Conditions, special contract terms & conditions, any bid addenda, specifications, pricing schedules and any attachments incorporated by reference and accepted by DAS become a part of this Requirements Contract.

This Requirements Contract is effective beginning and ending on the dates noted above unless, prior to the expiration date, the Contract is renewed, terminated or cancelled in accordance with the Contract Terms and Conditions.

CONTRACT RENEWAL. This Contract may be renewed after the ending date of the Contract solely at the discretion of the Contracting Agency for a period of one month. Any further renewals will be by mutual agreement between the Contractor and the Contracting Agency for any number of times and for any period of time. The cumulative time of all mutual renewals may not exceed 10/31/27 unless the Contracting Agency determines that additional renewal is necessary.

This Requirements Contract is available to Department of Mental Health and Addiction Services, as applicable.

Agencies are eligible to make purchases of the listed supplies and/or services in any amount and at any time as determined by the agency. The State makes no representation or guarantee that agencies will purchase the volume of supplies and/or services as advertised in the Invitation to Bid.

This Requirements Contract and any Amendments thereto are available from the Ohio|Buys public portal at the following address:

https://supplier-emarketplace.ohio.gov/page.aspx/en/usr/login?ReturnUrl=%2fpage.aspx%2fen%2fbuy%2fhomepage

Signed: _____________________________________________________________________

Kathleen C. Madden, Director Date

1 - SPECIFICATIONS AND REQUIREMENTS

1.1 SCOPE

1.1.1 The purpose of these specifications is to secure the services of qualified contractors to provide total parenteral nutrition (TPN) products to the Ohio Department of Mental Health and Addiction Services (DMH). TPN products will include basic formula and supplemental additives as required by a licensed prescriber’s prescription.

1.1.2 Usage is restricted to DMH and delivery is to be made to the Ohio Department of Rehabilitation and Correction, Franklin Medical Center Zone A, 1990 Harmon Avenue, Columbus, OH 43223.

1.2 CONTRACTOR QUALIFICATIONS AND EXPERIENCE

1.2.1 The Contractor shall be in compliance with USP 797: Pharmaceutical Compounding – Sterile Preparations, latest revision. Delivered TPN will comply with currently accepted compatibility and stability guidelines such as A.S.P.E.N., American Society For Parenteral and Enteral Nutrition.

1.2.2 The Contractor shall maintain all applicable Federal, State and local licenses, permits, and certifications to prepare and distribute TPN products, prescription medications, and supplemental additives.

1.2.3 The Contractor shall employ only properly credentialed individuals to prepare TPN fluid bags according to the licensed prescriber prescription orders that accompany the agency purchase order.

1.2.4 The State shall accept the Contractor’s signature on the Bid cover page of the Bid response that the Contractor is in full compliance with Section 1.2.

1.3 PRODUCT REQUIREMENTS

1.3.1 The base TPN formula shall include Sterile Water plus Dextrose, Amino Acids, and Fat Emulsions as prescribed by the attending licensed prescriber.

1.3.2 Supplements shall be added to the base TPN formula by the Contractor’s pharmacist in the dose prescribed by the attending licensed prescriber. Such supplements, which shall be built into the base TPN cost, may include:

1.3.2.1 Sodium Chloride

1.3.2.2 Sodium Acetate

1.3.2.3 Sodium Phosphate

1.3.2.4 Potassium Chloride

1.3.2.5 Potassium Acetate

1.3.2.6 Potassium Phosphate

1.3.2.7 Trace Elements

1.3.2.8 Magnesium Sulfate

1.3.2.9 Calcium Gluconate

1.3.2.10 Zinc Sulfate

1.3.2.11 Folic Acid

1.3.2.12 Thiamine

1.3.2.13 Multi Vitamins

1.3.3 Additional supplements or medications (e.g. selenium) may be requested by the Agency and provided by the Contractor for a markup (in addition to the base TPN solution price). The initial markup will be determined by the response provided in the ITB.

1.3.4 The Contractor is required to verify the prescription and notify FMC-Zone A Pharmacy with any critical dosage warnings.

1.3.5 National drug shortages must be reported to the prescribers and pharmacy at the FMC-Zone A facility.

1.4 PRODUCT PACKAGING

1.4.1 Products will be available in appropriately sized bags.

1.4.2 Products will be delivered in a standard bag type compatible with the tubing and infusion pump system in use at the ordering facility as prescribed.

1.5 PRODUCT DELIVERY

1.5.1 The licensed prescriber’s prescription will be fax or other electronic method (computer).

1.5.2 Orders will be delivered within the same day if ordered prior to 12:00 pm. Orders submitted after 12:00 pm will be delivered the next day.

1.5.3 Delivery to Franklin Medical Center Zone A:

Delivery is required and only accepted at the following address:

Ohio Department of Rehabilitation and Correction Franklin Medical Center - Zone A Pharmacy Department 1990 Harmon Avenue Columbus, OH 43223

Pharmacy Deliveries are to be to FMC - Zone A Front Entry desk between the hours of 8:00 am & 6:00 pm Monday through Sunday and state holidays.

1.5.4 For patients being released from private hospital confinement, verification of product availability and pending delivery will be made prior to the patient’s release to Franklin Medical Center.

1.5.5 The number of units ordered is for a 24-hour supply plus overfill, as determined by the patient’s frequency of laboratory work and the frequency of changes to the patient TPN prescription orders. Historically, most patients will have laboratory work performed at least twice weekly.

1.5.6 Product will be maintained in a refrigerated/cold state from the time of compounding until delivered to the ordering facility.

1.5.7 Additional prescription label for each TPN will be sent with the TPN for facility use.

1.5.8 Product shall be shipped FOB destination. The Contractor shall only charge once per delivery regardless of the number of products being delivered.

1.6 INVOICING PROCEDURES AND PRICING

1.6.1 The Contractor’s invoice must include at a minimum:

1.6.1.1 Inmate/patient name for whom the product was prepared.

1.6.1.2 Delivery date.

1.6.1.3 Number of units delivered.

1.6.1.4 Breakdown of the delivered product:

1.6.1.4.1 TPN base solution compound: ratio of Dextrose/Amino Acid/Fat Emulsions in GM/L.

1.6.1.4.2 Supplements: in MEQ/L or appropriate dosage annotation.

2 - STANDARD TERMS AND CONDITIONS

State of Ohio Standard Terms and Conditions (revised 4/19/22) will apply to this Contract.

3 - CONTRACT SPECIFIC TERMS AND CONDITIONS

3.1 - ORDER OF PRIORITY

The order of priority of the Contract will be the following: 1.) Specifications and Requirements; 2) Contract SpecificTerms and Conditions; 3) Standard Terms and Conditions.

3.2 - DELIVERY

Supplies will be delivered to the participating agency within the same day of order receipt, if ordered prior to 12:00 p.m.

Orders placed after 12:00 p.m. shall be delivered the following day. Deliveries shall be made between the hours of 8:00 a.m.

& 4:00 p.m. Monday through Sunday and state holidays. The delivery location will be noted on the purchase order issued by the participating agency.

3.3 - FIXED PRICE WITH ECONOMIC ADJUSTMENT

The contract prices(s) will remain firm for the first twelve (12) months duration of the contract. Thereafter, the Contractor may submit a request to increase their price(s) to be effective thirty (30) calendar days after acceptance by DAS. No price adjustment will be permitted prior to the effective date of the increase received by the Contractor from its suppliers, or on purchase orders that are already being processed, or on purchase orders that have been filled and are awaiting shipment. If the Contractor receives orders requiring quarterly delivery, the increase will apply to all deliveries made after the effective date of the price increase.

The price increase must be supported by a general price increase in the cost, due to increases in the cost of raw materials, labor, freight, Workers' Compensation and/or Unemployment Insurance, etc. Detailed documentation, to include a comparison list of the contract items and proposed price increases, must be submitted to support the requested increase. Supportive documentation should include, but is not limited to: copies of the old and the current price lists or similar documents which indicate the original base cost of the product to the Contractor and the corresponding increase, and/or copies of correspondence sent by the Contractor's supplier on the supplier's letterhead, which contain the above price information and explains the source of the increase in such areas as raw materials, freight, fuel or labor, etc.

Should there be a decrease in the cost of the finished product due to a general decline in the market or some other factor, the Contractor is responsible to notify DAS immediately. The price decrease adjustment will be incorporated into the contract and will be effective on all purchase orders issued after the effective date of the decrease. If the price decrease is a temporary decrease, such should be noted on the invoice. In the event that the temporary decrease is revoked, the contract pricing will be returned to the pricing in effect prior to the temporary decrease. For quarterly deliveries, any decrease will be applied to deliveries made after the effective date of the decrease. Failure to comply with this provision will be considered as a default and will be subject to the “Suspension/Termination” and the “Contract Remedies” sections of the “Standard Contract Terms and Conditions”.

4 - INVITATION TO BID INSTRUCTIONS

Instructions, Terms and Conditions for Bidding that apply to the solicitation.

https://procure.ohio.gov/pdf/Standard_T_C_041922.pdf https://procure.ohio.gov/pdf/OhioBuys_ITB_Instructions_to_Bidders_030921.pdf

5 - SPECIAL INSTRUCTIONS TO BIDDERS

5.1 - CONTRACT AWARD

The contract will be awarded to the lowest responsive and responsible bidder by low lot total. Low lot total will be determined by multiplying the unit cost by the estimated usage listed in the bid and then adding each of the totals together to arrive at a total for all items. Failure to bid all items may result in the bidder being deemed not responsive.

5.2 - EVALUATION

Bids will be evaluated in accordance with Article I-15 of the “Instructions to Bidders”. In addition, the state will: multiply the TPN Solution (as prescribed) pricing line items (Category A), the compounding fee per bag line item (Category B), and the delivery charge (Category C) by the estimated annual usage. These totals will be added together to arrive at a low-lot total.

The award will be made to the low-lot total for the three (3) categories. Failure to bid all items may result in the Bidder being deemed not responsive.

Any item with an unknown quantity will be evaluated using the quantity of one (1) for the estimated annual usage.

5.3 - DESCRIPTIVE LITERATURE

The Bidder may be required to submit descriptive literature of the supplies or services being offered. If requested, the literature will be used in the evaluation process to determine the lowest responsive and responsible bidder. If not provided as part of the bid response, the Bidder must provide said literature within seven (7) calendar days after request/notification by the Office of Procurement Services to do so. Failure of the bidder to furnish descriptive literature either as part of their bid response or within the time specified herein will deem the bidder not responsive.