The Contractor shall provide Laboratory Testing Supplies for the Department of Health and Senior Services, State Public Health Laboratory in accordance with the provisions and requirements stated herein and to the sole satisfaction of the Department. 2.1.2 The Contractor shall either provide the services directly or shall provide personnel who must comply with the requirements stated herein. Therefore, references to “the Contractor” throughout this document shall also be deemed to include the person/personnel provided by the Contractor. 2.1.3 The Contractor shall comply with applicable Federal Funds Requirements, as amended by the federal government, which may include some or all of the paragraphs contained in Attachment A, Certifications and Special Provisions, which is attached hereto and incorporated by reference as if fully set forth herein, or other requirements identified by the federal government. 2.1.4 After the award, unless otherwise stated in this contract, the Contractor shall use the below information for any correspondence regarding this contract: Program Name: Immunology Unit Program Contact: Dana Strope Address: 101 Chestnut, Jefferson City, MO 65102 Phone: 573-751-3334 E-mail: Dana.Strope@health.mo.gov 2.1.5 Unless otherwise specified herein, the Contractor shall furnish all material, labor, facilities, equipment, and supplies necessary to perform the services required herein. 2.2 Performance/Product Requirements: 2.2.1 The Contractor shall provide items as specified on Exhibit 3, Pricing Page. The shelf life of all test kits and reagents shall be a minimum of six (6) months after receipt of product by the Department. 2.2.2 Estimated Quantities: The quantities indicated in this RFQ are estimates that pertain to the total aggregate quantities that may be ordered throughout the stated contract period. The estimates do not indicate single order amounts unless otherwise stated. Unless otherwise specified herein, the State of Missouri makes no guarantees about single order quantities or total aggregate order quantities. 2.2.1 Contractor Sample Assurance: The Contractor shall agree that the product provided under contract shall conform to all mandatory specifications, terms, conditions, and requirements stated herein. Furthermore, if the product has been sample-tested, the Contractor shall agree that the same product submitted and passed sample-testing, and which passed sample-testing shall be provided to the state agency for the duration of the contract. a. No substitutions of such product shall be made without the prior written approval of the Department. Only substitutes that are equivalent or better than such product, and equal to or less in price, shall be considered for approval. 2.2.2 Substitutions: The Contractor shall not substitute any item(s) that has been awarded to the Contractor without the prior written approval of the Department. a. In the event an item becomes unavailable, the Contractor shall provide a suitable substitute item. The Contractor’s failure to provide an acceptable substitute may result in cancellation or termination of the contract. b. Any item substitution must be a replacement of the contracted item with a product of equal or better capabilities and quality, and with equal or lower pricing. The Contractor shall understand that the state reserves the right to allow the substitution of any new or different product/system offered by the Contractor. The Department shall be the final authority as to acceptability of any proposed substitution. c. Any item substitution shall require a formal contract amendment authorized by the Department prior to the state acquiring the substitute item under the contract. d. The state may choose not to compel an item substitution in the event requiring a substitution would be deemed unreasonable in the sole opinion of the State of Missouri. The Contractor shall not be relieved of substituting a product in the event of manufacturer discontinuation or other reason simply for reasons of unprofitability to the Contractor.
