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Contract Terms and Instructions

193-A2-DRUG AND ALCOHOL TESTING PRODUCTS

Start Date: 07/2007

End Date: 05/2014


Section 1

1.1   DESCRIPTION OF CONTRACT:  193-A2 Drug; Alcohol; Pregnancy and Strep Testing Products

      Level I - Alcohol Testing Products
      Level II - Stationary Drug Testing System
      Pregnancy and Strep Testing Products

1.2   CONTRACT TYPE:  Automated Discount-From-List.

1.3   TERM OF CONTRACT:  July 18, 2007 thru June 30, 2010 
      RENEWAL EXERCISED: July 1, 2010 thru June 30, 2011
      EXTENDED: July 1, 2011 thru September 30, 2011
      EXTENDED: October 1, 2011 thru April 30, 2012
      EXTENDED: September 1, 2012 thru November 30, 2012
      EXTENDED: December 1, 2012 thru February 28, 2013
      EXTENDED: March 1, 2013 thru June 30, 2013
      EXTENDED: July 1, 2013 thru October 31, 2013
      EXTENDED: November 1, 2013 thru January 31, 2014
      EXTENDED: February 1, 2014 thru May 31, 2014

1.4   DELIVERY:  Level I devices and Level II reagents: 10 days after receipt of order (ARO).
      Level II drug testing systems (machines and peripherals): 45 calendar days. 
      Pregnancy and Strep Tests: 10 days after receipt of order (ARO).

1.5   MINIMUM ORDER:  Not applicable.

1.6   SPOT PURCHASE OPTION:  NONE

1.7   ZONE:  This is a statewide contract.

1.8   SHIPPING INFORMATION:
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.

1.9   WARRANTY:  Manufacturer's standard warranty applies.

1.10 CASH DISCOUNT:  Applicable cash discounts are identified in line item descriptions.

1.11 EDUCATIONAL DISCOUNT:  Not applicable.

1.12 QUANTITY OR LARGE ORDER DISCOUNT:  Voluntary one-time price reductions should be indicated on the invoice.

1.13 PRICE CHANGES:  All prices shall be firm with no increase for 180 days from the effective date of this contract.  
All price increase requests must be supported by the distributors or manufacturer's latest publish price list reflecting 
the increase in accordance with Section II, B. of the General Instructions, Terms and Conditions.  Price increases will 
only be approved on those items that were included in the manufacturer's published price list submitted prior to award 
and meet the requirements.  When a new manufacturer's price list is submitted, it is requested that only those items 
submitted for increase be marked or highlighted within the new price list.  Price decreases may be accepted at any time.

1.14 BLANKET ORDER FUNDING OUT:  Any blanket purchase order (an order calling for multiple deliveries over a specified period of time) 
is contingent upon the continued availability of appropriations.

1.15 VENDOR POINT OF CONTACT:  Vendor contacts are listed at the end of the contract.

1.16 HUB VENDORS:  HUB vendors are identified in the Contract Vendor List as "HUB."

1.17 CPA CONTRACT MANAGER:  Questions concerning terms and conditions and technical specifications should be directed to:

		Delia Calvo, CTPM, CTCM
		Texas Procurement and Support Services
		Phone: (512) 463-3506
		email: delia.calvo@cpa.state.tx.us

1.19  PURCHASE ORDERS:  Only contract purchase orders issued by the CPA or orders issued
      through a CPA contract are eligible for contract pricing.

Section 2: - Specific Contract Instructions

2.1   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
      Dade Behring, Inc.....................(800)227-8994, 24hrs/day, 7 days
      ThermoFisher/Microgenics..............(800)232-3342, option 2, 24hrs/day, 7days
      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

2.2   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.

2.3   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.

Section 3 - Specific Contract Requirements

3.1  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.

3.2  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.

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

3.4  Compliance:
     a. 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.
     b. All tests must provide for the qualitative detection of a parent compound or
        metabolite of the analytes listed (all or any).
     c. All systems/tests must be in compliance with requirements of the Food, Drug,
        and Cosmetic Act.

3.5  HIV Requirements: Vendors must abide by all applicable laws regarding workplace
     and confidentially guidelines of HIV related medical information.

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