ITB480_Medical Gases__Equipment_SHS.pdf

STATE OF IDAHO

DEPARTMENT OF HEALTH AND WELFARE

Invitation to Bid (ITB) 480

Medical Gases & Equipment

Date of Issuance: 4/18/2024

TABLE OF CONTENTS

ITB ADMINISTRATIVE INFORMATION

1 PURPOSE

2 GENERAL INFORMATION, SOLICITATION INSTRUCTIONS AND STANDARD TERMS AND CONDITIONS

3 INQUIRIES

4 BACKGROUND

5 SPECIFICATIONS

6 COST

7 BILLING PROCEDURE

8 SUBMISSION REQUIREMENTS

9 AWARD

10 ORDERING AND ACCEPTANCE

11 WARRANTY, SERVICE AND SUPPORT, MAINTENANCE, ETC

12 CONTRACT MONITORING

13 DELIVERY

14 SUBCONTRACTORS

15 ADDITIONS TO CONTRACT

16 COMPLIANCE WITH

17 PRICE ADJUSTMENT CLAUSE

18 INSURANCE REQUIREMENTS

19 RECORDS MAINTENANCE

20 AUDIT RIGHTS

21 OWNERSHIP OF INFORMATION

ATTACHMENT 1 - SPECIFICATIONS

ATTACHMENT 2 - MODIFICATION AND EXCEPTION FORM

ITB480 Medical Gases & Cylinder Rentals Page 1

ITB ADMINISTRATIVE INFORMATION

ITB Title: Medical Gases & Equipment

ITB Project Description: Medical Gases, Cylinder Rentals, Equipment and related Services for State Hospital South

ITB Lead:

Quinn Shea Senior Buyer Quinn.Shea@dhw.idaho.gov

Deadline To Receive Questions: Wednesday 04/24/2024 11:59:59 p.m.

Mountain Time

ITB Closing Date: Wednesday 05/08/2024 4:59:59 p.m.

Mountain Time

ITB Opening Date: Thursday 05/09/2024 10:00:00 a.m. Mountain Time By Conference Call Only

The Department is conducting Virtual Electronic Bid Openings instead of in-person Public Bid Openings.

Initial Term of Contract and Renewals: The initial term of the contract shall be for one

(1) year. Upon mutual agreement, the contract may be extended or amended. The total contract term including all extensions, is not anticipated to exceed five (5) years.

mailto:Quinn.Shea@dhw.idaho.gov

ITB480 Medical Gases & Cylinder Rentals Page 2

1 PURPOSE

The purpose of this solicitation is to establish a Contract Purchase Order (CPO) for Medical Gases, Cylinder Rentals, Equipment, and related Services for State Hospital South (SHS).

2 GENERAL INFORMATION, SOLICITATION INSTRUCTIONS AND STANDARD TERMS AND CONDITIONS The ITB Lead is the only contact for this solicitation. All correspondence regarding this ITB must be in writing. In the event that it becomes necessary to revise any part of this ITB, amendments will be posted in IPRO, powered by Luma (IPRO). It is the responsibility of the Bidder to monitor IPRO for any updates or amendments. Any oral interpretations or clarifications of this ITB must not be relied upon. All changes to this ITB must be in writing and posted in IPRO to be valid. Alternate Bids are not allowed.

3 INQUIRIES

Questions must be submitted using the Q & A Board in IPRO within the Q & A tab. QUESTIONS MUST BE RECEIVED BY 11:59:59 P.M. Mountain Time ON THE DATE LISTED IN THE ITB ADMINISTRATIVE INFORMATION section. Official answers to all questions will be posted on the Q & A Board in IPRO, as a response.

Any requests for modifications regarding the State of Idaho Standard Contract Terms and Conditions found at (Contract Terms and Conditions) must be submitted in writing, using Attachment 2, Modification and Exception, and uploaded in IPRO on the Supplier Attachment tab by the deadline identified in the ITB Administrative Information section. The State will not consider proposed modifications to these requirements after the date and time set for receiving questions. Proposed modifications and exceptions to requirements, terms or conditions must contain the following:

1. The rationale for the specific requirement being unacceptable to the party submitting the question

(define the deficiency).

2. Recommended verbiage for the State’s consideration that is consistent in content, context, and form with the State’s requirement that is being questioned.

3. Explanation of how the State’s acceptance of the recommended verbiage is fair and equitable to both the State and to the party submitting the question.

The State has sole discretion to determine if the modifications or exceptions submitted by a Bidder would result in a material change or otherwise threaten the integrity of the procurement process. Pursuant to IDAPA 38.05.01.084, the State may only negotiate non-material modifications or exceptions. Modifications or exceptions which the State determines to be material, or which otherwise threaten the integrity of the procurement process, will not be accepted or negotiated. In the event that the Bidder has conditioned its Bid on the State’s acceptance or negotiation of its proposed modifications or exceptions, and the modifications or exceptions are deemed material, the Bidder will be given the opportunity to retract the proposed modifications or exceptions from its Bid. Failure to do so will result in the Bidder’s Bid being found non-responsive, after which it will receive no further consideration.

Non-material modifications or exceptions may be negotiated with the apparent successful Bidder, at the discretion of the State; however, the State must have the right to reject any and all such modifications and or exceptions, and to instruct the Bidder to amend its Bid and remove the modifications and or exceptions. Failure to do so may result in the State finding the Bid non-responsive.

https://purchasing.idaho.gov/wp-content/uploads/Standard-Terms-and-Conditions_May-2021.pdf

ITB480 Medical Gases & Cylinder Rentals Page 3

Except as otherwise provided in the solicitation document, including the State of Idaho Standard Contract Terms and Conditions (updated May 2021), the State will not consider modifications or exceptions to the requirements, terms, or conditions which are proposed after the Closing Date.

4 BACKGROUND

SHS provides psychiatric inpatient treatment and skilled nursing care for Idaho’s adult and adolescent citizens with the most serious and persistent mental illness. The hospital works in partnership with families and communities to enable clients to return to community living. In order to treat these clients, the hospital requires medical gases and equipment.

5 SPECIFICATIONS

See SPECIFICATIONS (Attachment 1)

6 COST

Provide your fully burdened Total Cost on the Lines tab in IPRO. Download Attachment 3 – Bid Schedule from the Questions tab in IPRO. Fill in the Orange colored cells with your prices as they correspond to the item listed.

Your price will generate a Subtotal amount in the Green colored cells. Once you have entered prices for ALL items, a Total Cost for Year 1 will be calculated in Cell B56 (colored in Blue). Enter this Total Cost amount in the Lines tab in IPRO.

7 BILLING PROCEDURE

The Contractor must provide an invoice upon Agency acceptance. The invoice must be submitted no later thirty

(30) calendar days after acceptance.

The Contractor must provide the following information with each invoice:

1 IPRO contract number (and name of project/product, if appropriate) and Agency PO number 2 Identification of billing period 3 Total amount billed for the billing period 4 Detailed description of services/products provided and associated # of hours/$ amounts, as appropriate 5 Name of authorized individual and contact information for Contractor

8 SUBMISSION REQUIREMENTS

8.1 Bid Submission Method

Bids must be submitted electronically through IPRO. The Department will not accept hardcopy (manual) submissions. Supporting documents can be uploaded in IPRO on the Supplier Attachment tab.

All Bidders participating in a Solicitation issued through IPRO must establish an account in the IPRO system as it is necessary in order to process and award the resulting Contract(s). It is free to establish an account and only takes a few minutes.

Enter your Total Cost on the Lines tab in IPRO. It must be entered prior to the deadline established in the ITB ADMINISTRATIVE INFORMATION section above.

ITB480 Medical Gases & Cylinder Rentals Page 4

8.2 Signature Page

Bids must be accompanied by a signed State of Idaho Signature Page. This page is attached in the IPRO Attachments tab.

8.3 Trade Secrets

If your Bid contains trade secret information which you have identified, you must also submit a redacted copy of the Bid (in electronic format, with the word “redacted” in the file name) with all trade secret information removed or blacked out; as well as a separate document containing a complete list (per the instructions in the three (3) paragraphs directly below) of all trade secret information which was removed or blacked out in the redacted copy. Redacted file must be submitted in IPRO on the Supplier Attachment page.

Paragraph 28 of the Solicitation Instructions to Vendors describes trade secrets to “include a formula, pattern, compilation, program, computer program, device, method, technique or process that derives economic value, actual or potential, from not being generally known to, and not being readily ascertainable by proper means by other persons and is subject to the efforts that are reasonable under the circumstances to maintain its secrecy.” In addition to marking each page of the document with a trade secret notation (as applicable; and as provided in Paragraph 28 of the Solicitation Instructions to Vendors), Bidders must also:

Identify with particularity the precise text, illustration, or other information contained within each page marked “trade secret” (it is not sufficient to simply mark the entire page). The specific information you deem “trade secret” within each noted page must be highlighted, italicized, identified by asterisks, contained within a text border, or otherwise clearly delineated from other text/information and specifically identified as a “trade secret.”

Provide a separate document entitled “List of Redacted Trade Secret Information” which provides a succinct list of all trade secret information noted in your Bid; listed in the order it appears in your submittal documents, identified by Page #, Section #/Paragraph #, Title of Section/Paragraph, specific portions of text/illustrations; or in a manner otherwise sufficient to allow the State’s procurement personnel to determine the precise text/material subject to the notation.

Additionally, this list must identify with each notation the specific basis for your position that the material be treated as exempt from disclosure.

9 AWARD

Award will be “All or None” to the responsive, responsible bidder with the lowest Total Cost meeting all of the requirements of the ITB. Bidders that do not bid on all items will not be considered for award. Multiple or alternate bids will not be accepted. Bidders that include multiple or alternate bids may be found non-responsive.

10 ORDERING AND ACCEPTANCE

The Contractor must have a process for accepting orders 24-hours a day, 7 days a week via phone message or email.

Each order will be divided into separate account numbers; the Patient Treatment Facility, the Adolescent Unit or Syringa Nursing Facility for billing purposes.

Standard Orders

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• The Department will place orders by telephone or email Monday through Friday from 5am – 3pm, Mountain Time

Expedited Orders

• The Department may place orders between the hours of 3pm – 5pm during the work week (Monday through Friday) and require same day delivery (Oxygen and Liquid Nitrogen excepted- next day delivery for these items is acceptable)

Emergency Orders

• The Department may place orders outside the regular working days/hours (i.e., Saturday, Sunday, State

Holidays, Monday through Friday: 5:01pm – 7:59am); these orders will be considered an emergency and require delivery within two (2) hours

If the Contractor is unable to provide the item(s) required for emergency purposes in the allotted time period, the Department reserves the right to order from any party who can deliver such item(s) to meet the requirements, without waiving or voiding any of the terms of this agreement.

11 WARRANTY, SERVICE AND SUPPORT, MAINTENANCE, ETC.

The Department requires that all gases meet purity standards. The gases ordered must include a Certificate of Analysis (COA) or batch analysis for gases being delivered. Any gas delivery without a COA or batch analysis will be unacceptable to the terms of the contract and will be rejected and returned at the Contractor’s expense.

Cylinders that have faulty valves releasing gas will be subject to recall at the Contractor’s expense. Upload Standard Manufacturer’s Warranty information in the Supplier Attachment tab in IPRO.

12 CONTRACT MONITORING

If the Contractor fails to perform as required, the Contractor will be given written notice to remedy any performance issues. If the Contractor fails to perform as required, the Contract may be cancelled, and the Contractor may be disqualified from participating in the solicitation or the subsequent contract that supersedes the failed Contract.

13 DELIVERY

Standard deliveries to the Department must be made the following business day (Monday-Friday) between the hours of 9:00-11:30 a.m. or 1:00-3:30 p.m. Mountain Time. Exceptions shall be:

• Expedited orders are to be delivered to the Department within twenty-four (24) hours from time of order Tuesday through Friday.

• Emergency orders may require delivery on Saturday, Sunday, State holidays, and before 8:00 a.m. or after 5:00 p.m. MT, Monday through Friday, and must be delivered within twenty-four (24) hours of the order time

Items must be unloaded by the Contractor using the Department loading dock.

It is the responsibility of the Department to notify the Contractor if an alternate delivery location occurs due to construction or blocked routes on State property.

Cylinder carts and tools for cylinder removal/installation must be provided by the Contractor.

Cylinder pickup must be provided by the Contractor at no additional cost to the Department at the time of next delivery date or within seven (7) days of notification to the Contractor.

ITB480 Medical Gases & Cylinder Rentals Page 6

Items may be requested by Department staff to be delivered to the requested location in the physical building.

Cylinders must be set upright and chained in place. Occasionally, some cylinders may be requested to be left on the dock and chained in place.

If the Contractor is unable to provide item(s) specified in the allotted time period, the Department reserves the right to order from any party who can deliver such item(s) to meet the requirements, without waiving or voiding any of the terms of this agreement.

All prices are F.O.B. destination; freight prepaid by the contractor, to the Department receiving point.

Responsibility and liability for loss or damage for all orders will remain with the Contractor until final inspection and acceptance, when responsibility will pass to the Department, except the responsibility for latent defects, fraud, and the warranty obligations.

Shipments must comply with all local, state, and federal transportation rules and regulations.

14 SUBCONTRACTORS

14.1 The Contractor may subcontract as needed.

14.2 The Contractor must be responsible for any work or product that is produced and delivered to the Department under this contract whether produced solely or in part by the Contractor or Subcontractor.

14.3 Subcontractor relationships, performance, and compliance with the terms of the contract are solely the responsibility of the Contractor. The Bidder must provide an overview of any Subcontractor relationships that will be reflected in the total proposed solution. The above information must be included for any planned subcontractors if any exist. Additionally, the bidder must provide:

14.3.1 A description of the nature of the subcontractor agreement(s) (if any);

14.3.2 Its reliance on the subcontractor with respect to fulfilling any of the ITB requirements.

14.3.3 The Bidder must disclose the information requested above for the parent company if the Bidder is a subsidiary of a parent company that owns more than five percent (5%) of the Bidders’ company.

14.3.4 The Bidder must disclose the detail information requested above for any subsidiary in which the Vendor is more than a five percent (5%) owner.

14.3.5 The Contractor must be the sole point of contact regarding any and all contractual matters. The Department will only pay the Contractor and will not pay Subcontractors directly.

15 ADDITIONS TO CONTRACT

The Department reserves the right to purchase additional, related products and services including training on those products, within the scope of the contract at a future date. The Contractor must work with the Department to agree upon a cost for additional related products and services.

16 COMPLIANCE WITH

SHS Joint Commission Requirement

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The Contractor shall comply with all applicable rules, regulations and policies as outlined by the Department of Health and Welfare (Department), the State of Idaho, and local, state and national standards, including The Joint Commission, relating to patient care and hospital operations.

17 PRICE ADJUSTMENT CLAUSE

Upon written request, the Contractor may be allowed an annual price review. Any price increase must be agreed upon in writing and authorized by the Department at least thirty (30) days prior to the subsequent contract term.

18 INSURANCE REQUIREMENTS

Within five (5) business days of notification of award (or such other time as designated by the Purchasing Activity), the apparent successful Bidder must provide certificates of insurance required herein and must maintain the insurance during the life of the Contract. There are no provisions for exceptions to this requirement. Failure to provide the certificates of insurance within the five (5) business day period may be cause for your Bid to be declared non-responsive or for your Contract to be cancelled.

For the term of the Contract and until all services specified in the Contract are completed, the Contractor must maintain in force, at its own expense, the following insurance.

• Commercial General Liability Insurance and, if necessary, Commercial Umbrella Liability Insurance with a limit of not less than one million dollars ($1,000,000) each occurrence. Insurance required by this section shall name the State of Idaho, Department of Health and Welfare as an additional insured.

• Commercial Automobile Liability Insurance and, if necessary, Commercial Umbrella Liability Insurance with a limit of not less than one million dollars ($1,000,000) each accident. Insurance required by this section shall name the State of Idaho, Department of Health and Welfare as an additional insured.

• Workers Compensation Insurance and Employer's Liability. Contractor shall maintain workers compensation and employer's liability. The employer's liability shall have limits not less than $1,000,000 each accident for bodily insurance by accident, $1,000,000 disease policy limit, and $1,000,000 disease, each employee.

Contractor must provide either a certificate of workers compensation insurance issued by a surety licensed to write workers compensation insurance in the State of Idaho, as evidence that the contractor has in effect a current Idaho workers compensation insurance policy, or an extraterritorial certificate approved by the Idaho Industrial Commission from a state that has a current reciprocity agreement with the Idaho Industrial Commission.

If any of the liability insurance required for this contract is arranged on a "claims-made" basis, "tail coverage" will be required at the completion or termination of this contract for a duration of twenty-four (24) months thereafter. Continuous "claims-made" coverage will be acceptable in lieu of "tail-coverage" provided the retroactive date is on or before the effective date of this contract, or twenty-four (24) months "prior acts" coverage is provided. Contractor will be responsible for furnishing certification of "tail coverage" or continuous "claims-made" coverage.

Prior to performing any services, the Contractor shall provide certificates of insurance to the Department. The Contractor is also required to maintain current certificates on file with the Department and to provide updated certificates upon request. Failure to provide the required certificates of insurance shall constitute a default under this Contract and upon such failure the Department may, at its option, terminate the Contract. Insurance

ITB480 Medical Gases & Cylinder Rentals Page 8 required by this section shall be policies or contracts of insurance issued by insurers approved by the Department. Should any of above-described policies be cancelled before the expiration date thereof, notice shall be delivered in accordance with the policy provision.

Email updated certificates to: DHWInsurance@dhw.idaho.gov

19 RECORDS MAINTENANCE

The Contractor must maintain or supervise the maintenance of all records necessary to properly account for all payments made to the Contractor pursuant to the Contract. These records must be retained by the Contractor for at least three (3) years after the Contract terminates, or until all audits initiated within the three (3) years have been completed, whichever is later.

20 AUDIT RIGHTS

The Contractor agrees to allow State and Federal auditors and State purchasing staff access to all the records relating to this Contract, for audit, inspection, and monitoring of services or performance. Such access will be during normal business hours or by appointment.

21 OWNERSHIP OF INFORMATION

The Department and the United States Department of Health and Human Services must have unlimited rights to own, possess, use, disclose, transfer, or duplicate all information and data, copyrighted or otherwise, developed, derived, documented, or furnished by the Contractor under the Contract.

mailto:DHWInsurance@dhw.idaho.gov

ITB480 Medical Gases & Cylinder Rentals Page 9

ITB480 Medical Gases & Equipment

ATTACHMENT 1 - SPECIFICATIONS

General Requirements

• The Contractor must deliver and provide bulk medical grade oxygen, ninety nine percent (99%) purity, liquid nitrogen and medical equipment specified in Attachment 3, BID SCHEDULE, per the specifications listed below to State Hospital South, 700 E. Alice St., Blackfoot, Idaho 83221, as required.

• The Contractor must perform a quality inspection and cleaning on all delivered and serviced equipment.

Each piece of rental equipment must be maintained per the manufacturer’s recommendations and any faulty equipment must be exchanged by the Contractor at no cost to the Department.

• The Contractor must have the ability to refill rented and Department owned cylinders.

• The Contractor must provide annually, free of cost to the Department, a minimum of two (2) Hospital staff in-service training sessions as requested by SHS. The in-service training must be coordinated with the SHS Director of Nursing Services and be held between the hours of 8am – 5pm (Monday through Friday) Mountain Time.

ITB480 Medical Gases & Cylinder Rentals Page 10

ITB480 Medical Gases & Equipment

ATTACHMENT 2 - MODIFICATION AND EXCEPTION FORM

Instructions: Complete this form and include with your ITB submittal if you are proposing modifications or exceptions to any of the requirements, terms, or conditions included in the ITB, including any documents incorporated by reference (Standard Contract Terms and Conditions). See ITB Section 3 for a full explanation of the process surrounding Bidder-proposed modifications and exceptions.

Bidders must specifically address any and all proposed modifications and exceptions. Blanket requests to negotiate requirements, terms, or conditions will not be considered. Bidders must provide an explanation as to why the requirement, term, or condition should be considered non-material. Bidder must also provide a reason for the proposed modification or alternative language, specifically addressing the issues itemized in ITB Section 3.

The determination of materiality will be made at the State’s sole discretion. Non-material modifications or exceptions may be negotiated with the apparent successful Bidder, at the discretion of the State, and as otherwise provided in ITB Section 3.

ITB

Section

ITB Requirement, Term, or Condition

Reason Requirement, Term, or Condition Should Considered Non-Material

Proposed Modification, Alternative, or Exception

Reason for Proposed Modification, Alternative, or Exception