Req_One_Time_Exemption-Low Protein Formula.pdf

07-01-16

Request for One Time Exemption from Competition from

Idaho Division of Purchasing (DOP)

E-mail Completed Request Form to: purchasing@adm.idaho.gov

Agency Purchasing Representative

(Name):

Steve Barclay

E-mail/Phone: Steve.barclay@dhw.idaho.gov / 208-334-5735

Name of Agency: Health & Welfare (Department)

Request for the Purchase of: Specialty medical formula and nutritional products

Cost (attach quote): $6,000.00

IDAPA 38.05.01.042.10 provides that the administrator may exempt an acquisition from competitive procurement if the administrator determines that bidding is impractical, disadvantageous or unreasonable under the circumstances. Examples include, but are not limited to: special market conditions; property requiring special contracting procedures due to uniqueness; and services for which competitive solicitation procedures are impractical.

Background and Justification (attach additional sheets as needed):

The Department requests an exemption from competition to add Vitaflo as a vendor and add funds to the Nutricia Advanced Medical Nutrition, Mead-Johnson Nutritional Group, and Abbot Laboratories price agreements for low-protein medical formula and nutritional products for children with Phenylketonuria (PKU) under IDAPA 38.05.01.085.

These products have been previously purchased through negotiated price agreements approved by the Division of Purchasing on 8/11/2017.

In January 2017, the Department of Health & Welfare (Department) issued ITB1700562 for specialty medical formula and nutritional products. The only response received was far over the program’s budget. The Department attempted to negotiate a Best and Final Offer, which was also unsuccessful.

On August 11, 2017, the Division of Purchasing approved the Department’s request to negotiate price agreements, predicated on IDAPA 38.05.01.085. The justification for doing so was as follows:

• The Department’s previous solicitations for these products were unsuccessful.

• There is a need to establish agreements with multiple manufacturers which the Department has historically utilized to meet client needs.

• The relationship between the manufacturers and their resellers limits the ability of resellers to provide the suite of products required by the Department to meet the needs of our clients.

Price agreements were established with Nutricia Advanced Medical Nutrition, Mead-Johnson Nutritional Group, and Abbot Laboratories. Those price agreements had expired on 10/15/2019 and through a One Time Exemption, the Division of Public Health had established new price agreements with Mead-Johnson and Nutricia on October 10, 2019.

The Idaho Children’s Special Health Program provides low protein medical foods for Idaho children with Phenylketonuria (PKU). As part of Title V Maternal and Child Health federal funding, the Department is required to provide PKU formula and low protein medical foods for the management of PKU and other inborn errors of metabolism which require a low protein diet. Over the past four (4) years, the program has expended $350,000 on low protein foods.

mailto:purchasing@adm.idaho.gov mailto:Steve.barclay@dhw.idaho.gov https://adminrules.idaho.gov/rules/current/38/380501.pdf

07-01-16

Agency Certification: The information provided above is true and accurate to the best of my knowledge, and supports the need for a direct procurement of the described goods or services, in the best interest of the State:

Agency Representative (signature): Date:

Approved Additional conditions apply to this approval.

Rejected

DOP Administrator Signature:

DOP Administrator Printed Name:

Date:

Subject Matter Experts from the Division of Public Health reviewed the options available through MMCAP and determined that the limited list of available products would not meet Department requirements. The product must have less than one gram of protein per serving. Often, several products must be tried to find one that suits an individual child and having more options not only provides a diverse and healthy menu but increases the likelihood of quickly finding a product that a child can tolerate.

The Division of Public Health needs to add funds to the price agreements in order to meet the needs of their clients in the upcoming two (2) years.

Having multiple price agreements available ensures that dieticians assisting families of children with PKU have the largest possible list of products to choose from at the lowest cost to the Department. Therefore, the Department requests an exemption from competition to add Vitaflo as a vendor and add additional funds to the price agreements.

03/05/2024