ITB807 HIV Test Kits and Associated Quality Controls.pdf

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OraSure Rapid HIV Test Kits and Associated Quality Controls
Solicitation number
807
Issued by
Ada County, Idaho

About this file

This is a Q&A response document for Idaho Invitation to Bid (ITB) 807 regarding OraSure Rapid HIV Test Kits and Associated Quality Controls for the Division of Public Health. The document details the state's responses to bidder inquiries and requested modifications to contract terms and conditions. The procurement concerns the supply of specialized HIV diagnostic testing equipment and associated quality control materials. The solicitation was posted on February 26, 2025, with proposals due by April 2, 2025. The contract encompasses the provision of OraSure rapid HIV test kits meeting clinical standards and includes necessary quality control mechanisms to support the state's public health testing needs.

The Q&A document addresses critical insurance requirements, contract terms, and operational specifications. Key determinations include: the State of Idaho requires contractors to name the state and Department of Health & Welfare as additional insureds on commercial general and automobile liability policies, with an acceptable modification reducing the post-contract coverage duration from five years to three years; insurance must be obtained from carriers rated A-VII or better in Best's Rating Guide; indemnification liability is acceptable when limited to the bidder's negligence or willful misconduct; non-manufacturer bidders must pass through manufacturer warranties to the extent permitted; and delivery specifications require ground floor access within reasonable proximity of access doors, with mutual agreement required for deviations. The state rejected bidder requests to eliminate liability for state costs incurred in awarding replacement contracts in termination-for-cause scenarios and refused to modify recall policy provisions. Specific budget amounts, set-asides, and pricing terms are not detailed in this Q&A document.

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ITB807 OraSure HIV Test Kits & Associated Quality Controls

Q&A response to vendor PDF document. Department response in RED below

Insurance Requirements:

1) Requesting that Bidder include the State as additional insured on applicable insurance as required by written contract. Bidder is unable to name the State as an additional insured.

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 or Participating Addendum contract (PADD) with the State of Idaho then your company has already fulfilled this requirement.

2) Requesting change to three (3) years instead of five (5). Bidder believes that three years is a sufficient duration after completion of the Contract of work. This is acceptable.

3) Requesting removal of this requirement. Bidder maintains sufficient and compliant insurance from reputable insurers with sufficient ratings. This is rejected. Insurance coverage required under the Contract shall be obtained from insurers rated A-VII or better in the latest Bests Rating Guide and in good standing and authorized to transact business in Idaho.

State of Idaho Contract Terms and Conditions:

1) Termination and Remedies- 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. There is no Scope of Work in this contract, only Specifications. Removal of costs may be acceptable unless the Department must terminate the contract for cause, in which case, liability costs incurred by State to award a new contract must be recouped.

2) 1.9 General Indemnification and Insurance- 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. This is acceptable

3) 2.3 Non-compliance, Recall, and Regulatory Compliance- Bidder requests that this provision reflect Bidder’s recall policy upon award. This is rejected

4) 2.4 Warranty- 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. This is acceptable. Bidders that are resellers must pass along the manufacturer’s warranty.

5) 2.5 Shipping and Delivery- Bidder requests that delivery locations be limited to ground floor within reasonable proximity of the access door; any deviations must be mutually agreed upon. This is neither accepted nor rejected. The Department understands that companies will likely use 3rd party carriers to deliver the products, and the service level provided by these carriers will differ. Ground floor will likely be acceptable at the majority of listed shipping locations, but there may be exigent circumstances at certain locations, at which point the Contractor and the Department must mutually agree upon a delivery location.

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