rfq_13397.pdf

REQUEST FOR QUOTES (RFQ) 13397

DEPARTMENT OF ENVIRONMENTAL HEALTH AND QUALITY

NERVE AGENT ANTIDOTE KIDS

September 23, 2026

A. KEY INFORMATION

1. The County of San Diego is seeking quotes from firms interested in providing Nerve Agent Antidote Kits. (“Offerors”).

2. The County has posted this solicitation on its official BuyNet website at https://sdbuynet.sandiegocounty.gov/ . To see all information related to this RFQ, to submit Questions, and to receive notifications of updates, Offerors must select “Participate in RFx” for this solicitation in BuyNet.

3. The Contracting Officer for this solicitation is Fernando Aparicio, Procurement Contracting Specialist, (Fernando.Aparicio@sdcounty.ca.gov)

4. Schedule: This timeline is subject to change at any time, at the County’s sole discretion. The County will issue an addendum for changes to the Questions due date, or Quote due date.

Event Description Date and Time (San Diego Time) Questions due September 28, 2026 prior to 5:00 p.m.

Quotes due October 7, 2026 prior to 5:00 p.m.

5. Questions:

5.1. Offerors should submit all Questions, including requests for clarification related to definition or interpretation of this RFQ, in writing by the Date and Time specified in the Schedule. Offerors should submit Questions via BuyNet, by sending a message to the Contracting Officer through the “Discussions” functionality.

5.2. Non-Offerors should direct inquiries regarding this solicitation to the Contracting Officer.

6. Table of Contents:

A. Key Information B. RFQ Instructions and Rules C. Submittal Items D. Required Forms E. Statement of Work F. Payment Schedule G. Draft Agreement

B. RFQ INSTRUCTIONS AND RULES

1. INSTRUCTIONS FOR SUBMITTING A QUOTE

1.1. It is Offeror’s responsibility to submit a quote based on the most current RFQ, addenda thereto, County’s responses to Questions, any other information posted on BuyNet, and any diligence material made available by the County. Offerors are advised to regularly check BuyNet for information. The County has no obligation to contact Offerors directly with any such RFQ-related information.

MAGGIE RAMSBERGER

INTERIM DIRECTOR

DEPARTMENT OF PURCHASING AND CONTRACTING

5560 OVERLAND AVENUE, SUITE 270, SAN DIEGO, CALIFORNIA 92123-1204

PHONE (858) 505-6367 FAX (858) 715-6452

BRENDA G. MILLER

ASSISTANT DIRECTOR

https://sdbuynet.sandiegocounty.gov/

COUNTY OF SAN DIEGO – REQUEST FOR QUOTATIONS (RFQ) 13397

NERVE AGENT ANTIDOTE KITS

1.1.1. To see all information related to this RFQ, to submit Questions, and to receive notifications of updates, Offerors must select “Participate in RFx” for this solicitation in BuyNet.

1.1.2. If an Offeror is unable to download this document, an Offeror may request a hard copy from Department of Purchasing and Contracting’s front desk or contact clerical support at (858) 505-6367.

1.2. Forms required to be submitted with Offerors response to this RFQ are included in this RFQ or posted on the County’s web site at: https://www.sandiegocounty.gov/content/sdc/purchasing/purchasing-forms.html.

1.2.1. The County may update posted forms from time to time. Unless otherwise specified, Offerors may submit the version of a form in place as of the date of the posting of this RFQ or any later version thereof.

1.3. Offeror must submit a complete original quote in accordance with the format provided in this solicitation to the County of San Diego, Department of Purchasing and Contracting, through electronic upload to BuyNet before the Date and Time listed in Schedule.

1.3.1. If Offeror is unable to submit via BuyNet for any reason, Offeror may submit its quote via email to the

Contracting Officer listed in this document or provide the Purchasing and Contracting front desk with either (i) electronic files on CD/DVD; or, (ii) a printed quote. Offeror must prominently mark such submissions with the RFQ number on the outside of the packaging. Please use this method only if unable to submit through BuyNet.

2. QUESTIONS

2.1. Offerors shall direct requests for explanation regarding the RFQ or related documents to the Contracting

Officer, in writing, as a question (“Question”). Offerors may submit Questions by sending a message to the Contracting Officer through the “Discussions” functionality in BuyNet.

2.2. The County may choose not to respond to Questions received after the date and time stated in the Schedule for Question submission. Offeror is responsible for ensuring that Questions are received by the County.

3. QUOTE FORMAT

3.1. Submit electronic quotes as files in .pdf format, except where specified otherwise. For pages other than signature pages, converted and searchable formats are preferred.

3.2. All quotes shall be signed with a handwritten signature by an authorized officer or employee of Offeror.

4. QUOTE ORGANIZATION

4.1. Your quote should be organized in accordance with the Submittal Items in this RFQ.

4.1.1. Offerors shall organize content to correspond to the applicable exhibit and question or item within each exhibit.

4.1.2. Offerors shall separate each exhibit into one or more files, clearly named as to the exhibit and order.

4.1.3. Pages shall be consecutively numbered within each exhibit at the bottom or top margin of each page.

4.1.4. Cost/Price information:

4.1.4.1. Offerors must place all cost and pricing information within the Cost/Price exhibit. Price shall be inclusive of all proposed compensation.

4.2. Confidential/Proprietary information:

4.2.1. The County is a public agency subject to the California Public Records Act, Government Code §

7920.000, et seq. Some or all of the documents submitted in response to this RFQ may be subject to disclosure, and the County intends to publish any resulting contracts to its public website.

4.2.2. It is Offeror’s responsibility to identify and separate into a “CONFIDENTIAL/PROPRIETARY” exhibit and to provide a signed Nondisclosure Indemnification Agreement for:

4.2.2.1. All confidential information that Offeror represents, with legal basis, is exempt from disclosure pursuant to the California Public Records Act, including PI (Personal Information), PII (Personally Identifiable Information), or PHI (Protected Health Information);

4.2.2.2. Any proprietary or other information Offeror represents, with legal basis, is exempt from disclosure under the California Public Records Act and wishes to protect from disclosure.

https://www.sandiegocounty.gov/content/sdc/purchasing/purchasing-forms.html

4.2.3. The “CONFIDENTIAL/PROPRIETARY” exhibit must be clearly labeled with all pages marked as

“CONFIDENTIAL/PROPRIETARY.”

4.2.4. Offeror should reference material in the “CONFIDENTIAL/PROPRIETARY” exhibit where it is needed to respond to a Submittal Item through citation to the “CONFIDENTIAL/PROPRIETARY” exhibit (for example “See response 1 contained within the ‘CONFIDENTIAL/PROPRIETARY’ exhibit for staff Social Security numbers”).

4.2.5. If the County determines that a submission improperly designates information as confidential or proprietary, the County may, at its sole discretion: (i) deem the information releasable; (ii) declare the submission non-conforming/non-responsive; (iii) remove such information, or (iv) take any other appropriate action. (Note: Pricing and Terms and Conditions are generally not confidential under the California Public Records Act).

5. QUOTE EVALUATION

5.1. Evaluations may consider factors such as technical merit, experience, capacity, history of Offeror compliance, availability, price, and more to determine the quote(s) that provide the best value to the County.

5.2. During evaluation, the County may appropriately consider the sustainability and social, human health, environmental, and economic impact of Offeror’s proposed products and/or approach to providing goods and/or services, in accordance with Board Policy B-67. Therefore, Offerors are encouraged to include relevant information in their quotes, to the degree related to the goods or services sought.

5.3. During evaluation, the County may appropriately evaluate the cultural competency of Offeror and Offeror’s proposed approach to providing goods and services. Therefore, Offerors are encouraged to include relevant information in their quotes, to the degree related to the goods or services sought.

5.4. When evaluating an Offeror’s cost or pricing, the County may also consider the effect of the quote on the overall total cost to the County.

5.5. When evaluating Offeror’s quote, the County will appropriately consider the proposed purchase, acquisition, or use of goods, products, and materials produced in the United States, in accordance with 2 CFR § 200.322.

Offeror should include information relevant under section 200.322 in its quote in order to be considered for such preference during evaluation.

6. COUNTY COMMITMENT

6.1. This RFQ does not commit the County to award a contract, nor does it commit the County to pay any of

Offeror’s costs incurred in the preparation or submission of the quote. Further, Offeror shall not incur any reimbursable cost in anticipation of a contract award.

6.2. Neither Offeror nor any of its representatives shall have any claims whatsoever against the County or any of its respective officials, agents, or employees arising out of or relating to this RFQ or these procedures (other than those arising under a definitive contract with Offeror in accordance with the terms thereof).

6.3. The County reserves the right to separately procure the same or similar goods or services.

6.4. The County may withhold all information regarding this procurement until after negotiations are complete, including, but not limited to: the number of quotes received; the identity of Offeror(s); the content of quotes;

the County’s evaluation and results thereof. Information releasable after the conclusion of negotiations is subject to the disclosure requirements and withholding exemptions of the California Public Records Act.

6.5. Pursuant to County Charter §§ 703.10 and 916, award of a contract resulting from this RFQ may be subject to the County’s requirement to determine that the services can be provided more economically and efficiently by an independent contractor than by persons employed in the Classified Service.

6.6. In the event that an Offeror is involved in a merger, acquisition, or other change in control, the County reserves the right to award a contract to a resulting entity.

7. DILIGENCE AND DUTY TO INQUIRE

7.1. Should Offeror find discrepancies in or omissions from, or be in doubt as to the meaning of, the RFQ or related documents, Offeror shall have a duty to submit a Question to the County.

7.2. Offerors are expected to perform reasonable due diligence with regard to this RFQ and the work required, including, but not limited to, information that is publicly or otherwise reasonably available and, if applicable, information that can be obtained during a site visit (including verification of measurements, conditions, and other attributes). Neither the selected Offeror(s), nor any Offerors, shall be entitled to any price adjustment or other relief based upon information that was discovered or should have been discovered through due diligence.

7.3. The County makes no representation or warranty, express or implied, as to the accuracy or completeness of any diligence material or other information provided by the County or any of its agents, representatives, contractors, or consultants. Such information may reflect good faith assumptions, estimates, or projections, which may or may not prove to be correct.

7.4. Offeror should not rely upon oral statements made or explanations given by the County, including any oral responses to Questions or other inquiries. No prior, current, or post award communication(s) with any officer, agent, or employee of the County shall affect or modify any terms or requirements of this RFQ, except as explicitly provided for in this RFQ.

8. OFFEROR COMMUNICATIONS

8.1. All communications from Offeror (including its employees, agents, and representatives) to the County or its officers and employees (including consultants working on or assisting with this procurement), related to this RFQ or Offeror’s quote, must be directed in writing exclusively to the Contracting Officer, unless otherwise authorized in writing by the Contracting Officer. Offerors shall not communicate with or attempt to contact any other County personnel about this solicitation, except as otherwise allowed for in this RFQ or by law. Any improper contact may, at the County’s sole discretion, cause Offeror to be removed from consideration for contract award.

8.2. If Offeror issues any public announcement or otherwise engages in communication that, in the County’s sole determination, compromises the integrity of this RFQ process or attempts to restrain competition, Offeror may be removed from consideration for award.

8.3. Audio and/or video recording of presentations, discussions, negotiations, , or other communications with the County regarding this RFQ are prohibited, unless specifically authorized in writing by the Contracting Officer.

9. SOLICITING EMPLOYEES

9.1. Until contract award, Offerors shall not, directly or indirectly, solicit any employee of the County to leave the

County’s employ in order to accept employment with Offeror, its affiliates, actual or prospective contractors, or any person acting in concert with Offeror without prior written approval of the County’s Contracting Officer.

This paragraph does not prevent the employment by Offeror of a County employee who has initiated contact with Offeror.

10. PROHIBITED CONTRACTS AND SUBCONTRACTS

10.1. In accordance with Section 67 of the San Diego County Administrative Code, the County shall not contract with, and shall reject any quote submitted by, the person or entities specified below, unless the Board of Supervisors finds that special circumstances exist which justify the approval of such contract:

10.1.1. Persons employed by the County or of public agencies for which the Board of Supervisors is the governing body;

10.1.2. Profit-making firms or businesses in which employees described in subsection 11.1.1 serve as officers, principals, partners, or major shareholders;

10.1.3. Persons who, within the immediately preceding twelve (12) months, came within the provisions of subsection 11.1.1 and who (i) were employed in positions of substantial responsibility in the area of service to be performed by the contract; or, (ii) participated in any way in developing the contract or its service specifications; and

10.1.4. Profit-making firms or businesses in which the former employees described in subsection 11.1.3 serve as officers, principals, partners, or major shareholders.

10.2. Per Board Policy A-79, a successful Offeror that is a non-profit corporation shall not subcontract any work under the agreement with a related for-profit subcontractor where an interlocking directorate, management, or ownership relationship exists, unless specifically authorized by the Board of Supervisors.

10.3. Offeror certifies that, if awarded a contract under this RFQ, such contract will be in compliance with Sections

11.1 and 11.2 above. Offeror shall promptly notify the County of any change in circumstance affecting these provisions.

11. CALIFORNIA REVENUE & TAXATION CODE § 18662

11.1. In compliance with California Revenue and Taxation Code § 18662, if Offeror is a non-resident of California

(out-of-state invoices) that receives California source income and has not completed Franchise Tax Board Form 590, there may be a backup withholding on all payments. Fifteen (15) business days prior to the first payment from the County, new suppliers or suppliers with expired forms or forms with incorrect information must submit new forms to the County (forms are available from the Franchise Tax Board website listed below).

11.2. Under certain circumstances, Offerors may be eligible for reduced or waived nonresident withholding. If Offeror has already received a waiver or a reduced withholding response from the State of California and the response remains valid, Offeror should submit the response to the County in lieu of the forms. Failure to submit the required forms will result in withholding of payments. Offerors should access the Franchise Tax Board websites, listed below, for tax forms and relevant information regarding non-resident withholding, including waivers or reductions. The County will not give Offerors any tax advice. It is recommended that Offerors speak with their tax advisers and/or the State of California for guidance.

Franchise Tax Board Websites:

https://www.ftb.ca.gov https://www.ftb.ca.gov/forms/search/

11.3. If selected for award, Offeror must submit applicable forms to the Auditor & Controller via fax, at (858) 694- 2060, or mail originals to: County of San Diego, 5530 Overland Avenue, Suite 410, San Diego, CA 92123. The P.O. Number or Contract Number (if available) and “California Revenue and Taxation Code § 18662” must appear on fax cover sheet and/or the outside of the mailing envelope.

12. W-9 FORM

12.1. If selected for award, Offeror must complete and submit a W-9 form if a current form is not on file with the

County.

https://www.ftb.ca.gov/ https://www.ftb.ca.gov/forms/search/

C. SUBMITTAL ITEMS

1. EXHIBIT 1 - REQUIRED FORMS

1.1 Submit a completed and signed Offeror’s Cover Page (PC600) form

• Required for all Offerors

• located at:

https://www.sandiegocounty.gov/content/dam/sdc/purchasing/docs/PC600_dpc_Offerors_Cover_Page.pdf

1.2 Submit a completed and signed Representations and Certifications form (PC601)

• Required for all Offerors

• located at:

https://www.sandiegocounty.gov/content/dam/sdc/purchasing/docs/PC601_dpc_Reps_and_Certs.pdf

1.3 Submit a completed and signed Small-Local Business Self-Certification Form (PC610)

• All Offerors are encouraged to complete this form to support County data collection.

• located at:

https://www.sandiegocounty.gov/content/dam/sdc/purchasing/docs/PC610_dpc_Small_Local_Self_Cert.pdf

1.4 Submit a completed and signed Nondisclosure Indemnification Agreement (PC620) (if applicable).

• Required if submitting Confidential/Proprietary Information (see RFQ Instructions and Rules section 4.2)

• located at:

https://www.sandiegocounty.gov/content/dam/sdc/purchasing/docs/PC620_dpc_Nondisclosure_Indemnity.pdf

2. EXHIBIT 2 - PROGRAM/TECHNICAL EXHIBIT

2.1 Confirm (YES/NO) that the proposed nerve agent antidote kit auto-injector meets the specifications listed in Exhibit A – Statement of Work (SOW) including adherence to all sections of the SOW.

YES ☐ NO ☐

If NO, provide a narrative explaining which specifications/sections cannot be met.

2.2 Provide the shelf life for your product _____________ years.

2.3 Provide the manufacturer’s product specifications and product insert for the proposed nerve agent antidote kit auto-injector.

2.4 Confirm the National Drug Code (NDC) for the proposed nerve agent antidote kit product and include documentation verifying FDA approval.

2.5 Describe the storage requirements for the nerve agent antidote kit auto-injector (temperature range, environmental limitations, shelf-life considerations).

2.6 Describe the recommended inspection procedures for responders to ensure the auto-injector remains viable while in storage.

2.7 Confirm (YES/NO) whether the product is designed for administration while wearing personal protective equipment (PPE) such as chemical-resistant gloves.

YES☐ NO☐

2.8 List any known contraindications, precautions, or limitations for use of the nerve agent antidote kit auto-injector relevant to emergency response personnel.

https://www.sandiegocounty.gov/content/dam/sdc/purchasing/docs/PC600_dpc_Offerors_Cover_Page.pdf https://www.sandiegocounty.gov/content/dam/sdc/purchasing/docs/PC601_dpc_Reps_and_Certs.pdf https://www.sandiegocounty.gov/content/dam/sdc/purchasing/docs/PC610_dpc_Small_Local_Self_Cert.pdf https://www.sandiegocounty.gov/content/dam/sdc/purchasing/docs/PC620_dpc_Nondisclosure_Indemnity.pdf

2.9 Provide your Lead Time needed to provide product: __________ calendar days after receipt of order (Purchase Order).

2.10 Do you provide training or training materials for the proper use, storage, and handling of nerve agent antidote kit auto-injectors?

YES☐ NO☐

If yes, describe the type of training provided (e.g., in-person, virtual, written materials, training devices), duration of training, and any instructor qualifications.

2.11 Can you provide training devices or inert trainers for practice administration.

YES☐ NO☐

If yes, describe the options and associated costs.

2.12 Byrd Anti-Lobbying Amendment certification: Confirm (YES/NO). Offeror certifies that it and its subcontractors will not and have not used federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any federal contract, grant or any other award covered by 31 U.S.C. § 1352. List as a disclosure any lobbying with non-federal funds that takes place in connection with obtaining any federal award by Offeror or Offeror’s subcontractors.

YES ☐ NO ☐

3. EXHIBIT 3 - COST/PRICE EXHIBIT

3.1 Submit a completed Payment Schedule

4. EXHIBIT 4 – ACCEPTANCE OF TERMS AND CONDITIONS

4.1 Confirm acceptance “YES/NO” of the County of San Diego’s Draft Agreement (including insurance requirements):

YES ☐ NO ☐

4.1.1 If “NO,” provide a detailed list of exceptions to the terms and conditions, the nature of its concern, and what terms the Offeror is willing to accept.

Note: The Offeror will be deemed to have accepted any terms and conditions of the Contract to which it does not take exception to. The County may, as part of its evaluation process, conclude that exceptions are so numerous and/or material as to make Offeror’s response to the solicitation unacceptable.

5. EXHIBIT 5 – CONFIDENTIAL PROPRIETARY

5.1 Include any Confidential/Proprietary Information in this exhibit, in accordance with RFQ Instructions and Rules section 4.2

D. REQUIRED FORMS

(RESERVED)

E. STATEMENT OF WORK

1. Scope of Work/Purpose

1.1. The County of San Diego, Department of Environmental Health and Quality (DEHQ), Hazardous Incident

Response Team (HIRT), has a prescription for a one-time purchase of DuoDote “Or Equal” single-dose auto-injectors and associated nerve agent treatment supplies. These items are essential for rapid, field-deployable administration of antidotes in the event of exposure to organophosphorus nerve agents or organophosphorus insecticides during hazardous materials incidents or mass-casualty events.

The purpose of this procurement is to ensure responder safety and enable immediate treatment in high-risk environments. DuoDote “Or Equal” auto-injectors should combine atropine and pralidoxime chloride and be FDA-approved for emergency use.

1.2. Offerors requesting use of equivalent products must submit “or equal” specifications to the County along with quoted pricing. Where a brand name has been specified, if Offeror believes an “or equal” is equivalent to the brand name shown, Offeror must provide documentation of the “or equal” and specify brand name, model number, and/or capacities. Submitted equivalencies will be evaluated based on their comparison to the specified brand name and model/part number indicated regarding the following: function, performance, quality, and warranty.

2. Background Information The DuoDote “Or Equal” auto-injectors are intended for use during incidents involving organophosphorus nerve agents and insecticides. DuoDote “Or Equal” is a combination autoinjector containing atropine and pralidoxime chloride, designed for intramuscular administration as an immediate antidote to nerve agent exposure. The DuoDote “Or Equal” auto-injectors are intended exclusively for emergency deployment and not for routine applications. It is used during chemical hazard responses, terrorist events, or accidental nerve agent releases.

These auto-injectors support rapid, life-saving treatment in high-risk environments where nerve agent exposure is possible. Inclusion in HIRT's emergency response protocols ensures responder safety, compliance with medical standards, and alignment with federal guidelines for nerve agent countermeasures.

3. Definitions

3.1. HIRT: Hazardous Incident Response Team

3.2. ATROPINE: A cholinergic muscarinic antagonist that counters life-threatening cholinergic overstimulation (e.g., bronchorrhea, bradycardia).

3.3. PRALIDOXIME CHLORIDE: A cholinesterase reactivator that restores acetylcholinesterase activity, reversing neuromuscular paralysis.

4. Performance Requirements

4.1. Must meet all FDA-approved specifications for DuoDote “Or Equal”.

4.2. Single-dose, dual-chamber auto-injector delivering sequential intramuscular injections of atropine and pralidoxime chloride.

4.3. Solutions must be sterile, pyrogen-free, and contain labeled excipients.

4.4. Product must be rugged, portable, and suitable for field deployment, including administration while wearing personal protective equipment (PPE).

4.5. Packaging and labeling must comply with all applicable federal and state regulations for emergency medical countermeasures, including clear identification of lot numbers and expiration dates.

4.6. The Contractor shall provide documentation of FDA approval, National Drug Code (NDC), lot numbers, and expiration dates upon delivery.

4.7. The County has a licensed physician serving as its medical authority for this procurement. A valid prescription issued by the County's authorized prescribing physician, along with any other documentation reasonably required by the Contractor to fulfill the order, shall be provided upon request and in accordance with applicable federal and state requirements.

5. Service Requirements

5.1. The Contractor shall provide training on the proper use, handling, and storage of DuoDote “Or Equal” auto-injectors for up to twenty (20) County personnel or alternatively provide manufacturer-approved training reference materials covering these topics.

5.2. Training or reference materials shall be appropriate for emergency response personnel and support safe administration in field conditions, including use while wearing personal protective equipment (PPE).

6. Preferred Services

6.1. The County prefers delivery of products within one (1) to four (4) weeks from the date of order, with the earliest delivery available preferred.

6.2. When available, the Contractor is encouraged to offer extended dating or lot selection options to maximize product shelf life at the time of delivery.

7. Product Conditions and Guarantee

7.1. All products shall be brand new, unused, unopened, and packaged by the manufacturer in original condition.

Refurbished, repackaged, or previously used products are not acceptable.

7.2. All DuoDote “Or Equal” auto-injectors shall meet FDA labeling specifications and approved indications.

7.3. If any product is found to be damaged, defective, or otherwise non-compliant within thirty (30) days of receipt, the Contractor shall replace the product at no additional cost to the County.

8. Order, Delivery & Returns

8.1. DEHQ will initiate an order request, and the Contractor shall acknowledge receipt of the order and place the order within four (4) business days.

8.2. All orders shall be shipped to:

Department of Environmental Health and Quality Hazardous Materials Division Attn: HIRT 5570 Overland Ave., Suite 102 San Diego, CA 92123

8.3. Receiving Hours: 8:00am – 3:30pm PST, Monday–Friday, excluding County of San Diego observed holidays.

8.4. All shipments shall include a packing slip identifying quantities delivered, lot numbers, expiration dates, and any items that are backordered or outstanding.

8.5. Shipments must comply with all applicable federal, state, and local regulations governing prescription antidotes and hazardous incident medical countermeasures.

8.6. If items are missing from the delivery, the County will notify the Contractor, and the Contractor shall ship and handle the missing items at no cost to the County.

9. Warranty & Product Conditions

9.1. All products must meet the required specifications. The products shall be packaged by the manufacturer to arrive at the County facility in brand new condition. Products shall not be refurbished or used.

9.2. The Contractor shall guarantee the products will be free from manufacturer defects.

9.3. If the County finds that a DuoDote(s) “Or Equal” does not meet the requirements listed, the Contractor shall exchange and deliver an approved DuoDote(s) “Or Equal” at no additional cost to the County within 4 weeks.

10. Invoicing

10.1. Mail invoices to:

Department of Environmental Health and Quality Attention: Fiscal PO Box 129261 San Diego, CA 92112-9261

10.2. Or e-mail to: DEHQAP@sdcounty.ca.gov.

10.3. All invoices must be itemized based on Exhibit C and clearly recognizable. Itemized invoices shall include quantities, unit pricing, lot numbers, and expiration dates for each DuoDote “Or Equal” auto-injector.

10.4. The Contractor shall not include additional charges that are not specified within Exhibit C.

10.5. If discrepancies are identified, the County may return the invoice for correction. The Contractor shall acknowledge receipt of the invoice in question within two (2) business days and re-submit a corrected invoice within five (5) business days.

11. Sustainability

11.1. The Contractor shall support the County in its sustainability goals. To support this commitment, the Contractor must make a good effort to:

11.1.1. Prioritize environmentally sustainable materials and processes.

11.1.2. Minimize waste and energy consumption throughout the production process and ensure that all packaging materials are recyclable.

mailto:DEHQAP@sdcounty.ca.gov

F. PAYMENT SCHEDULE

1. Pricing must be all inclusive, except for shipping charges.

2. Do not include sales tax with pricing. Sales tax / Use tax will be added on purchase order.

3. The estimated quantities provided are solely for evaluation. They represent approximate anticipated use. If the

County’s actual requirements do not result in orders in the quantities described as “estimated” in the Schedule, that fact shall not constitute the basis for price adjustment.

4. The extended price equals estimated quantity multiplied by the unit price.

5. For tax purposes, please clarify if transport is SHIPPING OR SHIPPING AND HANDLING.

ITEM

# DESCRIPTION EST

QTY

UNIT OF

MEASURE

UNIT

PRICE

EXTENDED

PRICE

1 DuoDote “Or Equal” Nerve Agent Antidote Kits 100 EACH $ $

2 Training (in-person or virtual) 1 PER

SESSION $ $

3 Shipping 1 PER

ORDER $ $

4 Shipping and Handling 1 PER

ORDER $ $

GRAND TOTAL: $

COMPANY NAME

REPRESENTATIVE NAME

REPRESENTATIVE TITLE

REPRESENTATIVE PHONE

EMAIL

LEAD TIME (CALENDAR

DAYS)

G. DRAFT AGREEMENT

The County’s contract with the successful Offeror(s) will be based upon the following Draft Agreement, structured as follows:

Draft Agreement

Exhibit A – Statement of Work Exhibit B – Insurance Requirements Exhibit C – Payment Schedule

Exhibits A (Statement of Work) and C (Payment Schedule) will be added during contract finalization. Offerors will be deemed to have accepted the Draft Agreement and Statement of Work, except where Offeror has taken clear exception in its quote in accordance with and when provided for in the Submittal Items.

The County’s contract with the successful Offeror(s) will be based upon the County’s Standard Purchase Order Terms and Conditions, located at https://www.sandiegocounty.gov/content/dam/sdc/purchasing/docs/dpc_terms_and_conditions.pdf https://www.sandiegocounty.gov/content/dam/sdc/purchasing/docs/dpc_terms_and_conditions.pdf

EXHIBIT B – INSURANCE REQUIREMENTS

INSURANCE REQUIREMENTS FOR CONTRACTORS

Without limiting Contractor’s indemnification obligations to County, Contractor shall provide at its sole expense and maintain for the duration of this contract, or as may be further required herein, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder and the results of the work by the Contractor, his agents, representatives, employees or subcontractors.

1. Minimum Scope and Limit of Insurance Coverage shall be at least as broad as:

A. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit ($4,000,000).

B. Automobile Liability covering all owned, non owned, hired auto Insurance Services Office form CA0001, with limit no less than $1,000,000 each accident for bodily injury and property damage.

C. Workers’ Compensation, as required by State of California and Employer’s Liability Insurance, with limits no less than $1,000,000 each accident for bodily injury or disease. Coverage shall include waiver of subrogation endorsement in favor of County of San Diego.

If the contractor maintains broader coverage and/or higher limits than the minimums shown above, the County requires and shall be entitled to the broader coverage and/or higher limits maintained by the Contractor. Any available insurance proceeds in excess of the specified minimum limits and coverage stated above, shall also be available to the County of San Diego.

2. Self-Insured Retentions Self-insured retentions must be declared to and approved County Risk Management. County may require the Contractor to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the named insured or County. Any and all deductibles and SIRs shall be the sole responsibility of Contractor or subcontractor who procured such insurance and shall not apply to the Indemnified Additional Insured Parties. County may deduct from any amounts otherwise due Contractor to fund the SIR/deductible. Policies shall NOT contain any self-insured retention (SIR) provision that limits the satisfaction of the SIR to the Named. The policy must also provide that Defense costs, including the Allocated Loss Adjustment Expenses, will satisfy the SIR or deductible. County reserves the right to obtain a copy of any policies and endorsements for verification.

3. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions:

A. Additional Insured Endorsement The County of San Diego, the members of the Board of Supervisors of the County and the officers, agents, employees and volunteers of the County, individually and collectively are to be covered as additional insureds on the General Liability policy with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts, or equipment furnished in connection with such work or operations. General Liability coverage can be provided in the form of an endorsement to the Contractor’s insurance (at least as broad as ISO from CG 2010 11 85 or both CG 2010, CG 2026, CG 2033, or CG 2038; and CG 2037 forms if later revisions used).

B. Primary Insurance Endorsement

For any claims related to this Contract, Contractor’s insurance coverage, including any excess liability policies, shall be primary and non-contributory at least as broad as ISO CG 20 01 04 13 as respects the County, the members of the Board of Supervisors of the County and the officers, agents, employees and volunteers of the County, individually and collectively. Any insurance or self-insurance maintained by the County, its officers, employees, or volunteers shall be excess of the Contractor’s insurance and shall not contribute with it.

C. Notice of Cancellation Each insurance policy required above shall state that coverage shall not be canceled, except with notice to the County.

General Provisions

4. Qualifying Insurers All required policies of insurance shall be issued by companies which have been approved to do business in the State of California by the State Department of Insurance, and which hold a current policy holder’s alphabetic and financial size category rating of not less than A, VII according to the current Best’s Key Rating guide, or a company of equal financial stability that is approved in writing by County Risk Management.

5. Umbrella or Excess Policy Contractor may use Umbrella or Excess Policies to provide the liability limits as required in this agreement. This form of insurance will be acceptable provided that all of the Primary and Umbrella or Excess Policies shall provide all of the insurance coverages herein required, including, but not limited to, primary and non-contributory, additional insured, Self- Insured Retentions (SIRs), indemnity, and defense requirements. The Umbrella or Excess policies shall be provided on a true “following form” or broader coverage basis, with coverage at least as broad as provided on the underlying Commercial General Liability insurance. No insurance policies maintained by the Additional Insureds, whether primary or excess, and which also apply to a loss covered hereunder, shall be called upon to contribute to a loss until the Contractor’s primary and excess liability policies are exhausted.

6. Evidence of Insurance Prior to commencement of this Contract, but in no event later than the effective date of the Contract, Contractor shall furnish the County with a copy of the policy declaration and endorsement pages along with the certificates of insurance and amendatory endorsements effecting coverage required by this clause. Policy declaration and endorsement pages shall be included with renewal certificates and amendatory endorsements submissions and shall be furnished to County within thirty days of the expiration of the term of any required policy. Contractor shall permit County at all reasonable times to inspect any required policies of insurance. The Contract/Project Number should be noted in the “Description of Operations” box located near the bottom of the form. Additionally, the “Certificate Holder” box should designate the address of the responsible department or department representative to ensure the documents are received by the appropriate party.

7. Failure to Obtain or Maintain Insurance; County’s Remedies Contractor’s failure to provide insurance specified or failure to furnish certificates of insurance and amendatory endorsements or failure to make premium payments required by such insurance shall constitute a material breach of the Contract, and County may, at its option, terminate the Contract for any such default by Contractor.

8. No Limitation of Obligations The foregoing insurance requirements as to the types and limits of insurance coverage to be maintained by Contractor, and any approval of said insurance by the County are not intended to and shall not in any manner limit or qualify the liabilities and obligations otherwise assumed by Contractor pursuant to the Contract, including, but not limited to, the provisions concerning indemnification.

9. Review of Coverage County retains the right at any time to review the coverage, form and amount of insurance required herein and may require Contractor to obtain insurance reasonably sufficient in coverage, form and amount to provide adequate protection against the kind and extent of risk which exists at the time a change in insurance is required.

10. Self-Insurance Contractor may, with the prior written consent of County Risk Management, fulfill some or all of the insurance requirements contained in this Contract under a plan of self-insurance. Contractor shall only be permitted to utilize such self-insurance if in the opinion of County Risk Management, Contractor’s (i) net worth, and (ii) reserves for payment of claims of liability against Contractor, are sufficient to adequately compensate for the lack of other insurance coverage required by this Contract. Contractor’s utilization of self-insurance shall not in any way limit liabilities assumed by Contractor under the Contract.

11. Subcontractors’ Insurance Contractor shall require and verify that all subcontractors maintain insurance meeting all requirements stated herein, and Contractor shall ensure that Entity is an additional insured on insurance required from subcontractors. For CGL coverage, subcontractors shall provide coverage with a form at least as broad as CG 20 38 04 13. If any sub contractor’s coverage does not comply with the foregoing provisions, Contractor shall defend and indemnify the County from any damage, loss, cost, or expense, including attorneys’ fees, incurred by County as a result of subcontractor’s failure to maintain required coverage.

12. Waiver of Subrogation Contractor hereby grants to County a waiver of their rights of subrogation which any insurer of Contractor may acquire against County by virtue of the payment of any loss. Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the County has received a waiver of subrogation endorsement from the insurer. The Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of the Entity for all work performed by the Contractor, its employees, agents and subcontractors.

FEDERAL AND FEMA FUNDING REQUIREMENTS/PROVISIONS

1 through 12 are RESERVED.

13.1 Audit. Contractors that expend $750,000 or more of federal grant funds per year shall have an audit conducted in compliance with Government Auditing Standards, which includes Single Audit Act Amendments and the Compliance Supplement (2 CFR part 200 App. XI). Contractors that are commercial organizations (for-profit) are required to have a non-federal audit if, during its fiscal year, it expended a total of $750,000 or more under one or more HHS awards.

45 CFR part 74.26(d) incorporates the threshold and deadlines of the Compliance Supplement but provides for-profit organizations two options regarding the type of audit that will satisfy the audit requirements. Contractor shall include a clause in any agreement entered into with an audit firm, or notify the audit firm in writing prior to the audit firm commencing its work for Contractor, that the audit firm shall, pursuant to 31 U.S.C. 7503, and to the extent otherwise required by law, provide access by the federal government or other legally required entity to the independent auditor’s working papers that were part of the independent auditor’s audit of Contractor. Contractor shall submit two (2) copies of the annual audit report, the audit performed in accordance with the Compliance Supplement, and the management letter to the County fifteen (15) days after receipt from the independent Certified Public Accountant but no later than nine (9) months after the Contractor’s fiscal year end.

13.2 Byrd Anti-Lobbying Amendment. In accordance with 31 U.S.C. 1352 and related regulations, (a) Contractor certifies, and shall require each lower-tier recipient (as that term is defined in 31 U.S.C. 1352) to certify to the tier above, that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any covered Federal contract, grant or any other award covered by 31 U.S.C. 1352, and (b) Contractor shall disclose, and shall require each lower-tier recipient to disclose to the tier above, any lobbying with non-Federal funds that takes place in connection with obtaining any covered Federal award.

13.3 Debarment and Suspension.

13.3.1 This Agreement is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R. pt. 3000. As such, the Contractor is required to verify that none of the Contractor’s principals (defined at 2 C.F.R. § 180.995) or its affiliates (defined at 2 C.F.R. § 180.905) are excluded (defined at 2 C.F.R. § 180.940) or disqualified (defined at 2 C.F.R. § 180.935).

13.3.2 The Contractor must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into.

13.3.3 This certification is a material representation of fact relied upon by County. If it is later determined that the Contractor did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available to County, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment.

13.4 Contracting with Small Businesses, Minority Businesses, Women’s Business Enterprises, Veteran-Owned Businesses, and Labor Surplus Area Firms. When possible, Contractor should ensure, in accordance with 2 C.F.R. §

200.321 “Contracting with small businesses, minority businesses, women’s business enterprises, veteran-owned businesses, and labor surplus area firms,” that small businesses, minority businesses, women’s business enterprises, veteran-owned businesses, and labor surplus area firms are considered for work under the Agreement by:

13.4.1 Including such businesses on solicitation lists;

13.4.2 Soliciting such businesses whenever they are deemed eligible as potential sources;

13.4.3 Dividing procurement transactions into separate procurements to permit maximum participation by such businesses;

13.4.4 Establishing delivery schedules that encourage participation by such businesses; and,

13.4.5 Using organizations such as the Small Business Administration and the Minority Business Development Agency of the Department of Commerce.

13.5 Procurement of Recovered Materials. Contractor shall comply with 2 CFR part 200.323 and shall procure only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 CFR part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000. Contractor certifies that the percentage of recovered materials to be used in the performance of this Agreement will be at least the amount required by applicable specifications or other contractual requirements.

13.5.1 In the performance of this Agreement, the Contractor shall make maximum use of products containing recovered materials that are EPA-designated items unless the product cannot be acquired:

13.5.1.1 Competitively within a timeframe providing for compliance with the contract performance schedule;

13.5.1.2 Meeting contract performance requirements; or

13.5.1.3 At a reasonable price.

13.5.2 Information about this requirement, along with the list of EPA-designated items, is available at EPA’s Comprehensive Procurement Guidelines web site https://www.epa.gov/smm/comprehensive-procurement-guideline-cpg-program.

13.5.3 Contractor also agrees to comply with all other applicable requirements of Section 6002 of the Solid Waste Disposal Act, including the following:

13.5.3.1 For contracts over $100,000 in total value, Contractor shall estimate the percentage of total material utilized for the performance of the Agreement that is recovered materials and shall provide such estimate to County upon request.

13.6 Domestic Preferences. In accordance with 2 CFR part 200.322, as appropriate and to the extent consistent with law, Contractor shall, to the greatest extent practicable, provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States (including but not limited to iron, aluminum, steel, cement, and other manufactured products).

13.6.1 “Produced in the United States” means, for iron and steel products, that all manufacturing processes, from the initial melting stage through the application of coatings, must occur in the United States.

13.6.2 “Manufactured products” means items and construction materials composed in whole or in part of non-ferrous metals such as aluminum; plastics and polymer-based products such as polyvinyl chloride pipe; aggregates such as concrete; glass, including optical fiber; and lumber.

13.7 Prohibition on Certain Telecommunications and Video Surveillance Services or Equipment. In accordance with 2 CFR part 200.216, Contractor and its subcontractors are prohibited from expending funds under this Agreement to:

13.7.1 Procure or obtain;

13.7.2 Extend or renew a contract to procure or obtain; or

13.7.3 Enter into a contract (or extend or renew a contract) to procure or obtain equipment, services, or systems that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. As described in Public Law 115-232, section 889, covered telecommunications equipment is telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities).

13.7.3.1 For the purpose of public safety, security of government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities).

13.7.3.2 Telecommunications or video surveillance services provided by such entities or using such equipment.

13.7.3.3 Telecommunications or video surveillance equipment or services produced or…