ITB650 Antitubercular Medications Q&A Responses

The Department’s answers to Bidders Modification and Exception Form in RED below.

General Requirements:

1. Medications must be shipped within forty-eight (48) hours of receipt of order. Bidders can propose alternative methods to timely provide product. Requesting removal of 48-hour shipping requirement within receipt of order to permit Bidders to propose a delivery timeframe. A) The Department requires a quick turnaround. A twenty-four to seventy-two (24-72) hour ship time is acceptable.

2. All pharmaceutical product orders submitted by the Department and received by the Contractor no later than 4:00 p.m. Mountain Time (MT) must be processed by the Contractor the same day it is received. Bidders may have different standard commercial policies for processing times. Requesting removal of requirement that pharmaceutical product orders submitted by the Department and received by the Contractor no later than 4:00 p.m. MT must be processed by the Contractor the same day it is received. A) The Department requires a quick turn-around time on shipping pharmaceuticals, the same day or within twenty-four (24) hours is acceptable.

3. 1) Requirement that State be named as an additional insured. 2) Insurance must be maintained, and evidence of insured must be provided for at least (5) years after completion of the Contract of work… Contractor must purchase “extended reporting” coverage for a minimum of five (5) years after completion of Contract work. 3) Insurance required by this section must be policies or contracts of insurance issued by insurers approved by the Department. Bidder can materially meet State’s requirement but would do so in an alternative manner. 1) Requesting that Bidder include the State as additional insured on applicable insurance as required by written contract, 2) Requesting change to three (3) years instead of five (5), 3) Requesting removal of this requirement. 1(Bidder is unable to name the State as an additional insured. 2) Bidder believes that three (3) years is a sufficient duration after completion of the Contract of work. 3) Bidder maintains sufficient and compliant insurance from reputable insurers with sufficient ratings. A) – 1) This is rejected.

The State of Idaho requires all Contractors to name the State and Department of Health & Welfare as Additionally Insured for Commercial General and certain circumstances of Automobile Liability insurance. **Note** if your company currently has a statewide contract with the State of Idaho then your company has already fulfilled this requirement. 2) This is acceptable, three (3) year coverage is sufficient. 3) This is acceptable.

4. Priority Processing must be assigned to ship within one (1) business day. While order placement shipping or delivery is not guaranteed, delivery for items generally occurs within 1-3 days for in-stock items. Bidder requests removal of this requirement. Bidder cannot guarantee that such orders will be assigned to ship within (1) business day. A) This is rejected, the requirement is necessary.

5. Maintain at least a one (1) month supply of medications. Bidder can provide alternative approach to meeting government’s requirements. Bidder requests removal of this requirement. Bidder cannot guarantee one (1) month supply, but Bidder monitors inventory levels and adjust stock levels weekly and monthly based on the forecasts. A) The Department requires that supply is readily available to ship once a medication order is placed. The Department cannot agree to the Bidder not having the necessary inventory available to be shipped within one (1) day of receipt of order.

6. Must be shipped overnight to healthcare providers in cold storage packaging. Bidders may have alternate approaches to meet government requirement of timely delivering product.

Bidder requests removal of “overnight.” A) The Department requires that medications that need to be shipped via cold storage, need to be shipped within twenty-four (24) hours, “overnight” can be removed.

7. Provide the Department with a return policy which must include but is not limited to the following policies: Bidder requests it Returned Goods Policy supersedes the requirements listed in the solicitation to the extent there is a conflict between the requirements. A) The Department will analyze the Bidder’s Returned Goods Policy to ensure it meets our business needs.

State of Idaho Contract Terms & Conditions

8. Termination and Remedies: Bidder believes that remaining remedies will be sufficient based on the scope of work. Bidder requests removal of liability for costs incurred by the State to award a new contract. Bidder believes that remaining remedies will be sufficient based on the scope of work. A) This is acceptable unless the Department must terminate the contract for cause, in which case, liability costs incurred by State to award a new contract

9. 1.9 General Indemnification and Insurance. Bidders still would be providing indemnification to state in certain circumstances. Bidders request limitation of basis for indemnification to Bidder’s negligence or willful misconduct in performance of obligations under the Contract and to not extend to any losses arising out of or resulting from the State’s negligence or willful misconduct. Bidder’s standard indemnification provisions differ from requested scope of indemnification. A) This is acceptable.

10. 2.3 Non-compliance, Recall, and Regulatory Compliance. Bidder understands the importance of recalls and is requesting flexibility for how recall notices are provided. Bidder requests that this provision reflect Bidder’s recall policy upon award. Bidders that are distributors may have recall policies that are unique to their role in the supply chain. A) This is rejected.

11. 2.4 Warranty. Bidder requesting reflection of commercial practice. Bidder requests that the third sentence be amended to require non-manufacturer Bidders to pass through the manufacturer warranty to the extent permitted by the manufacturer. Bidders that are non-manufacturers may be subject to restrictions from manufacturers re: warranty passthrough.

A) This is acceptable. Bidders that are resellers must pass along the manufacturer’s warranty.

12. 2.5 Shipping and Delivery. Bidder believes its shipping location capabilities will satisfy the majority of the State’s requests. Bidder requests that delivery locations be limited to ground floor within reasonable proximity of the access door; any deviations must be mutually agreed upon. If using a third-party carrier, Bidder cannot guarantee delivery to locations outside of those in requested modification. A) This is acceptable.