Contract Details: # 193-A2 Exp. 05/31/2016

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Number 193-A2 Exp. 05/31/2016
Description Drug And Alcohol Testing Products
Category TxSmartBuy
Type Term
Start Date 7/18/2007
End Date 5/31/2016
Purchasing Category Codes (Agencies Only) PCC A
Optional Renewal Terms Extension: March 1, 2016, through May 31, 2016
Purchase Orders Only purchase orders issued through TxSmartBuy are eligible for contract pricing. The Contractor will not ship any products or provide related services until receipt of a Purchase Order generated by the TxSmartBuy system.
NIGP Code(s) 19340
19348
CPA Contract Management Questions regarding contract management issues, price changes, amendments or other post-award concerns should be directed to:

TPASS Contract Management Office (TCMO)
Texas Comptroller of Public Accounts (CPA)
Fax: (512) 936-0040
Email:tpass_cmo@cpa.state.tx.us
Contract Specific/Notes VENDOR SUPPORT:
The vendor shall provide statewide support on a timely basis with a toll-free assistance line or allow for collect calls to be accepted five (5) days per week and between the hours of 7:00 AM and 6:00 PM (CST).

Technically knowledgeable personnel must be available at these times to answer questions and to provide assistance to the staff of qualified ordering entities.

Compliance Diagnostic Equipment LLC...(800)303-0281, 24hrs/day, 7 days
Phamatech, Inc........................(888)635-5840, 8am-5pm PST; after hours (510)861-5622
Redwood Toxicology Labs...............(800)255-2159, 7am-4pm PST; after hours (866)785-4490

Orders totaling $100.00 or more shipped to a single destination - F.O.B. destination freight prepaid and allowed (included in price).

Orders totaling less than $100.00 will be shipped freight prepaid and added as a separate item on invoice.

Freight charges will not be permitted for partial shipments of orders that originally totaled $100.00.

LEVEL I - PRODUCT SPECIFICATIONS:

A. Level I On-Site, Stand-Alone, Breath Alcohol Testing Products:
1. The Portable Breath Alcohol Testing Products may be used to initially screen clients for the purposes of:
a. Increasing supervision level,
b. Special Program Placement,
c. Inmate disciplinary hearings,
d. Any case management functions which may include summons hearings, pre-revocation hearings, withdrawal of pre-parole status, revocation, or any judicial proceedings, or
e. Employee or pre-employment testing as determined by the using entity.
2. The tests must be portable and able to be conveniently performed in the field, at any location, and in the presence of the person being tested.
3. Test results must be obtained in not more than 10 minutes.
4. Tests must be stand-along and not require any electrical equipment, plumbing, or electricity.
5. Tests must not require calibration or maintenance.
6. Tests must provide easily read, clearly distinguishable symbols for positive or negative results.
7. Tests must not require refrigeration.
8. Tests must carry a minimum of one year shelf life upon delivery.
9. Tests will not require technical skills beyond those of parole, probation or corrections officer or other non- medical personnel.
10. Tests must be self contained and not require any ancillary supplies.
11. Tests must not contain any liquid reagents.
12. Test must show an alcohol content down to .02.

B. Vendor Provided Training: Vendor is to provide training, as needed, whether web-based, videotaped/DVD or on-site. On-site training will be scheduled at a mutually agreeable time and place. Training is to be of such intensity that the trainees, upon completion, have the ability to train others in the administering of the tests. All expenses incurred by the vendor in providing this training will be borne by the vendor.

LEVEL II - PRODUCT SPECIFICATIONS:

A. Level II On-Site, Self-Contained, Stationary Drug Diagnostic Testing System:
1. The Stationary Drug Screen may be used to initially screen clients for the purposes of:
a. Increasing supervision level,
b. Special Program Placement,
c. Inmate disciplinary hearings,
d. Any case management functions which may include summons hearings, pre-revocation hearings, withdrawal of pre-parole status, revocation, or any judicial proceedings, or
e. Employee or pre-employment testing as determined by the using entity.
2. Methodology must use immunoassay technology.
3. All testing systems must be 95% reliable against gas chromatography and mass spectrometry. Instrument performance must be at 98%.
4. System must be capable of performing multi-screen, on-site tests conducted in a self-contained system. Because of client volumes, the system must be capable of conducting multiple-specimen tests. The specimen holding tray must have a 20 sample capacity and have the capability to test for at least 10 substances at once.
5. Test results must be documented by a permanent printed record indicating the client identifier, date of test, type(s) of substance(s) tested for and test results clearly indicating positive and negative results.
6. Tests are to be performed without the requirement of mixing reagents.
7. Any chemical or reagent supplied under this contract must have a shelf life at time of receipt by the ordering entity of six months minimum or it will be replaced at no charge to the end user.
8. Testing equipment will be provided by awarded vendor(s) to requesting entities at no additional charge. Each ordering entity must contact the appropriate vendor awarded to request testing system.
To provide continuous testing and reporting, the ordering entity will coordinate changing of equipment with the vendor on the new contract and the vendor on the previous contract.
To allow ordering entities to exhaust the reagent supply already purchased from the previous contract, that vendor will retrieve equipment only after notification by the entity.
9. Title to all equipment provided remains with the vendor. All equipment must be new OR of a make/model manufactured or produced within the last seven (7) years. Out-of-date equipment must be replaced. Regular preventive maintenance on any equipment or instrument provided in this contract is included in the per test price. Corrective maintenance (repair) is be included at no additional cost. Response time of two (2) working days after notification to vendor is mandatory. Prompt repair or replacement of faulty equipment will be required. Equipment that cannot be fixed within eight (8) hours after response must be replaced with a loaner. The vendor must have a working machine on-site, whether current equipment or loaner, within three (3) business days of the original service call. Any machine requiring three (3) repairs within a 6-month period must be replaced.
10. Testing equipment will be provided that will give the entity a system that will allow the user to customize reporting and export these reports electronically. This will allow for rapid information exchange and statistical reporting throughout the state.

B. Training: Training will be required to be performed onsite. Complete training in the use of the instrument will be provided by vendor(s) at vendor's expense (training costs only). Training to take place at a mutually agreed upon time and place.

C. Coverage Area/Site Locations: Coverage may include any site in the state of Texas.

D. Quantities/Volumes: The cost per test shall reflect all costs involved in providing all supplies, reagents, controls, calibrators, maintenance and instrumentations at sites that vary widely in volume.

SPECIFIC CONTRACT REQUIREMENTS

A. New Accounts: Awarded vendor(s) will expedite the process to set up an account for a qualified ordering entity that is purchasing for the first time.

B. Additional Items: If new items within a group or new package sizes of an item become available during the term of the contract, the awarded vendor may request that they be added to the contract. This must be done in writing and accompanied by the most recent dated manufacturer's price list. The pricing for the new items must be based upon the same percentage of discount (or add-on) to the list price as the items originally awarded.

C. Site Locations: Testing may be required in all 254 counties in the state.

D. Compliance:
1. All systems/tests must comply (where applicable) with Substance Abuse and Mental Health Services Administration (SAMSHA) Guidelines relative to cut off/threshold values for each respective assay.
2. All tests must provide for the qualitative detection of a parent compound or metabolite of the analytes listed (all or any).
3. All systems/tests must be in compliance with requirements of the Food, Drug, and Cosmetic Act.

E. HIV Requirements: Vendors must abide by all applicable laws regarding workplace and confidentially guidelines of HIV related medical information.
Warranty Details Manufacturer's standard warranty applies.
Adding New Products to Contract Following the contract award, additional products or services of the same general category that could have been encompassed in the award of this contract, and that are not already on the contract, may be added. TPASS customers are encouraged to request additional items by contacting the TPASS Contract Management Office.
Delivery Delays by Contractor If delay is foreseen, Contractor shall give written notice to the Customer and must keep Customer advised at all times of status of order.

Default in promised Delivery Days After Receipt of Order (ARO) without accepted reasons or failure to meet specifications authorizes the Customer to purchase goods and services of this contract elsewhere and charge any increased costs for the goods and services, including the cost of re-soliciting, to the Contractor.

Failure to pay a damage assessment is cause for contract cancellation and/or debarment or removal of the contractor, as applicable, from the State's Centralized Master Bidders List (CMBL).
Compliant Products by Contractor

Delivery does not occur until the Contractor delivers products, materials or services in full compliance with the specifications to Customer’s F.O.B. destination, unless delivery is specifically accepted, in whole or in part, by the Customer. Providing products, materials or services which do not meet all specification requirements does not constitute delivery.

Customer reserves the right to require new delivery or a refund in the event that materials or products not meeting specifications are discovered after payment has been made.

Purchase Order Cancellations The Customer may request that a Contractor cancel a specific line item or an entire purchase order. There shall be no fees charged for cancellation of an item and/or order prior to shipment by the Contractor. A Purchase Order Change Notice should be processed and sent to Contractor.
Restocking Fee The Customer may request that a Contractor accept return of products already delivered. If the return is required through no fault of the Contractor, the Contractor may request a reasonable restocking charge. The Customer may pay a restocking charge if the CPA or Customer determines that the charge is justifiable. As a guideline, such charges shall not exceed 10% for contractors and 15% for TIBH.
Substitutions During the Contract term, the Contractor shall not substitute a product or brand unless the Contractor has obtained prior written approval from the CPA Contract Manager in coordination with the Customer. The Contractor must have written confirmation from the CPA Contract Manager of the substitution before making delivery.
Contract Performance

The Statewide Procurement Division Contract Management Office (SCMO), a division of the Comptroller of Public Accounts (CPA), administers a vendor performance program for use by all customers per Texas Government Code (TGC), §2262.055, and 34 Texas Administrative Code (TAC), §20.108. The Vendor Performance relies on the customer's participation in gathering information on vendor performance. State agency customers shall report vendor performance on purchases of $25,000 or more from contracts administered by CPA, or any other purchase of $25,000 or more made through delegated authority granted by CPA (TAC 20.108), or purchases exempt from CPA procurement rules and procedures. State agencies are additionally encouraged to report vendor performance on purchases under $25,000.

Vendor Performance shall be reported through the CPA VENDOR PERFORMANCE TRACKING SYSTEM.

The purpose of the Vendor Performance Tracking System is to:
• Identify vendors that have exceptional performance 
• Aid purchasers in making a best value determination based on vendor past performance 
• Protect the state from vendors with unethical business practices
• Track vendor performance for delegated and exempt purchases

Contractors Information