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OEV24004199– AGENCY SOLICITATION SPECIFICATIONS

TITLE: MPA COVID 19 TEST KITS

SECTION A. BACKGROUND

The State of Rhode Island wants to take the necessary actions to ensure residents have access to testing platforms capable of identifying an active COVID-19 infection. These platforms include rapid antigen test kits, authorized for use by the U.S. Food and Drug Administration (FDA), which are critical tools to mitigate community transmission of COVID-19. As such, the State is seeking multiple vendors who shall provide FDA authorized COVID-19 rapid antigen tests, whose quantities and specifications are appropriate for the target demographics and settings identified by the State of Rhode Island. Examples of such settings for which the State may seek to procure rapid testing includes, but is not limited to, test to stay childcare and preK-12 programs, long term and congregate care facilities, nursing homes, and State-run fixed sites serving the general population. Vendors will deliver test kits to the Rhode Island Emergency Management Agency (RIEMA) warehouse; from there, the State of Rhode Island will ensure further distribution to the various testing channels.

SECTION B: SCOPE OF WORK AND REQUIREMENTS

The State of Rhode Island is seeking FDA authorized COVID-19 rapid antigen tests. All COVID- 19 rapid antigen test kits shall be in accordance with this solicitation including its attachments and any addenda. The intent of the State of Rhode Island is to establish a relationship with vendors as a preferred customer. Orders will be determined based upon necessity. There is no guarantee or promise of minimum or maximum orders. It is the intent of the State to select multiple providers to meet demand for the services outlined in this solicitation.

Goods to be provided shall include:

1) Point of care, rapid antigen test kits with, at a minimum, a valid Emergency Use Authorization from the FDA allowing the test to be performed on persons of all ages in a CLIA certified laboratory.

2) Rapid antigen test kits with, at a minimum, a valid Emergency Use Authorization from the FDA stipulating the test is approved for at-home use and is appropriate for use on children as young as two (2) years with an adult collected, anterior nasal swab.

3) Expiration date of all test kits shall be a minimum of 360 days from shipment date.

4) One (1) unit test kit

5) Two (2) unit test kits

6) Twenty-five (25) unit test kits

7) Thirty (30) unit test kits

8) Forty (40) unit test kits

Robert.DeAngelis Cross-Out

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Specifications for Testing Kits

1) Designated as Point of Care Testing Kits o Possesses a valid Emergency Use Authorization from the FDA for the detection of SARS-CoV-2 o Able to be performed on persons of all ages o Anterior nasal collection specifications (preferred) o Able to be analyzed without the assistance of additional instrumentation (preferred)

2) Designated as At-Home Testing Kits o Possesses a valid Emergency Use Authorization from the FDA for the detection of

SARS-CoV-2 o Able to be performed on all persons with a minimum age of two (2) years o Anterior nasal collection only

Ordering The State of Rhode Island will place orders with the Vendor(s) on an as-needed basis during the contract period. Requests for purchase will be executed using the State of Rhode Island’s standard purchase order. The Vendor shall honor all orders received during the contract period, deliver in accordance with the terms of the contract, and assure delivery within the required timeframe established during order placement.

Vendor(s) shall include paperwork with each delivery that includes, but is not limited to: PO #, Date of delivery, Vendor name, Product Delivered, Quantity Delivered, Original Vendor, Manufacturer, and Origin of Supply

Notification If a delay in product procurement is foreseen, the Vendor(s) shall immediately inform the State of Rhode Island’s point of contact and provide an updated estimated time of arrival. This includes, but is not limited to, delays associated with shipping, receiving, or manufacturer disbursement.

The Vendor shall keep RIDOH advised, at a minimum of weekly updates, of the status of the order.

RIDOH may cancel or reduce an order for test kits with forty-eight (48) hour notice prior to scheduled shipment, at no cost to RIDOH or its agencies.

Delivery Deliveries by the Vendor shall be delivered to the REIMA warehouse located at 2700 Plainfield Pike, Cranston, RI within fourteen (14) working days from receipt of signed order, or as directed by State of Rhode Island. Vendor shall make shipment as designated on the order. Shipping is to be FOB Destination. On orders subject to quantity discounts, the Vendor is required to make delivery to one address only. On orders where the delivery address is not stated, the Vendor shall contact the appropriate agency to obtain the delivery address.

All orders shall be shipped in the most economical method and will be all-inclusive unless otherwise directed by the State of Rhode Island such as a rush order which may take exception to being delivered in the most economical fashion. Any products damaged, defective or spoiled will not be accepted by the State of Rhode Island and the Vendor shall be responsible for replacing them. Prior to shipment, the Vendor shall contact the appropriate point-of-contact to coordinate the delivery arrangements. Should the vendor fail or delay in the completion of delivery in accordance with the terms of the contract and the State finds it necessary to buy said testing kits from another supplier at emergency or premium cost, the State of Rhode Island shall have the right to assess the entire cost thereof to the Vendor.

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Packaging & Palletization Requirements Tests must be packaged in Kits and each Kit must be packaged in boxes for distribution. Vendor must provide 40” x 48” x 72h” pallets with Orders securely wrapped for delivery. Each pallet must contain a single test type and shall not contain mixed test types.

Re-execution of Work The Vendor shall re-execute any work that fails to conform to the requirements of the contract and shall immediately remedy any defects due to faulty workmanship by the Contractor. Should the Vendor fail to comply, the State reserves the right to engage the services of another company to perform the goods and to deduct such costs from monies due to the Vendor.

Quality of Product All goods furnished under these specifications shall be new. It shall be free from defects that may render it unfit for use. The Vendor will assure none of the testing kits, or testing kit components, arrive frozen or are transported in enclosed spaces exceeding 80oF. Damaged or rejected items shall be immediately replaced with items of the quality required by these specifications. Should the State of Rhode Island become aware of defects through vendor’s presort/mailing contractor or from other sources, the Vendor shall replace all defective specimen collection testing kits at no additional cost. Unacceptable, damaged, or rejected items shall be immediately replaced with items of the quality required by these specifications. Failure to replace any unacceptable item shall not relieve the Vendor from the responsibility imposed upon the Vendor by this contract. No payment, whether partial or final, shall be construed to be an acceptance of unacceptable supplies. The State of Rhode Island may, at any time, by written order, stop delivery of products not conforming to these specifications. In the event of a stopped delivery, this shall not relieve the Vendor of their obligation to complete the contract within the contract time limits, nor shall it in any way terminate, cancel or abrogate the contract or any part thereof.

Brand Name and Number Products offered in response to this RFP shall either be a pre-approved "acceptable product" listed in the Specifications or added via addendum.

For items with acceptable products, Vendor must note on the Offer Form the exact manufacturer’s name and product model number, order number or other identifier(s) of each product offered.

Failure to do so or the inclusion of remarks such as "as specified" shall be sufficient grounds for rejection of an offer. If any of the called for elements of product information are missing from the offer, the State of Rhode Island will be unable to determine from the information given whether the product is acceptable or not.

Vendor will not be allowed to clarify product identification after bid opening. This is to assure that all offers are submitted under the same conditions with no opportunity for one Vendor to have an advantage over any other Vendor after exposure of offers.

For acceptable products, should it become known, after the deadline for submittal of substitution requests but before bid opening, that a part/model number is obsolete or has been changed by the manufacturer, Vendor shall include the new part/model number on the appropriate Offer Form page with an explanation. If requested by the State of Rhode Island, Vendor shall provide documentation within two (2) working days, that reflects the part/model number change and confirms that the item meets all bid specifications. The State reserves the right to be the sole judge as to the acceptability of the product.

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Usage Reports Vendor shall submit a quarterly gross sales report (including zero-dollar sales) in EXCEL to the State contact person, in accordance with the following schedule or as requested by the State of Rhode Island.

Quarter Ending Report Due March 31 April 30 June 30 July 31 September 30 October 31 December 31 January 31

The report shall identify each transaction and include the following information:

Department/Agency Name Unit of Measure Date of Purchase Item No./Part Number (if applicable) Product/Service Description MSRP List Price Quantity Contract Price Shipment date by line item

Subcontracting The Vendor shall not delegate any duties listed in this solicitation to any subcontractor unless the Contract Administrator has given written approval. The State of Rhode Island reserves the right to approve all subcontractors and shall require the primary contractor to replace any subcontractors found to be unacceptable. The primary contractor will be the sole point of contact with regard to contractual matters, including payment of any and all charges resulting from the contract, and shall be responsible for all services whether or not the primary contractor performs them. Proposer shall provide the names and addresses of each person or firm to be engaged by the Proposer as subcontractor, if any, and shall indicate the scope of the work to be performed by the subcontractor.

No subcontract or assignment shall, under any circumstances, relieve the Vendor of his obligation and liability under his contract with the State of Rhode Island, and all persons engaged in performing the work covered by the contract shall be considered employees of the Vendor. If the entire job will be done by the Proposer, Proposer must indicate so. Failure to comply with this request may result in rejection of bid.

SECTION C: PROPOSAL

1. Proposal - Vendor Qualification Assessment

Vendor responses must address specifically each of the following elements:

1. Vendors must attach the completed vendor assessment form with their submission.

2. Vendors must attach a completed testing kit pricing sheet.

a. Vendor is not required to bid on every line item to be considered for award.

b. Unit prices shall be firm for the term of the contract, including mutually agreed upon extension period(s), except for increase allowed under the price adjustment provision herein.

c. Prices shall include all applicable taxes, shipping costs, and any other costs incurred to provide goods specified.

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d. Prices should be at the per-test level.

i. If Vendor sells a 2-pack, the State of Rhode Island is seeking the price of each test in the 2-Pack. Thus, pricing should reflect an individual test and not the 2-Pack.

ii. If Vendor sells a 30-pack, the State of Rhode Island is seeking the price of each test in the 30-Pack. Thus, pricing should reflect an individual test and not the 30-Pack.

SECTION D: EVALUATION AND SELECTION - SOLICITATION SPECIFIC

Proposals shall be reviewed by the Division of Purchases on a “Pass/Fail” basis. All criteria must receive a “Pass” determination for a vendor’s potential inclusion on the resulting OE MPA’s qualified vendor list. Any criteria with a “Fail” determination will not be reviewed further and the vendor will be dropped from consideration.

Proposals shall be reviewed and scored based upon the following criteria:

Criteria Pass/Fail

Vendor has ability to procure rapid antigen test kits authorized for use by the FDA Pass/Fail

Vendor has two (2) years as a distributor or manufacturer of laboratory and/or point of care supplies.

Pass/Fail

Vendor is currently servicing government agencies. Pass/Fail

Vendor will provide three (3) government references in the testing kit pricing sheet.

Pass/Fail

Vendor has ability to deliver during normal business hours only (between 8:30AM, EST – 4:30, EST.

Pass/Fail

Vendor has ability to deliver test kits palletized in 40” x 48 x 72”h size pallets.

Pass/Fail

Vendor has the ability to store inventory within the continental United States

Pass/Fail

Vendor has the ability to supply orders of test kits, up to 100k tests, within 48 hours

Pass/Fail

Vendor has the ability to supply standard orders of test kits ranging from 50k to 200k tests within 14 days of placing the order

Pass/Fail

Vendor has the ability to supply bulk orders of test kits ranging from 200k to 700k tests within 45 days of placing the order

Pass/Fail

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Vendor will support standard shipping costs (e.g., No LTL or expedited shipping surcharges) Pass/Fail

Vendor will support Net 30 Payment terms Pass/Fail

Vendor shall provide a testing kit pricing sheet Pass/Fail

Overall Pass/Fail Pass/Fail

NOTE: See the “Requirements” tab of this solicitation for additional information on the evaluation and selection process in the “OE Standard Specifications- Vendor Qualification Assessment” section.

SECTION D: EVALUATION AND SELECTION - SOLICITATION SPECIFIC