SPECIFICATIONS FOR TENDER # SUPPLY OF MRI RADIOLOGICAL CONTRAST MEDIA FOR WESTERN HEALTH

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SPECIFICATIONS FOR TENDER #0171-0964 SUPPLY OF MRI RADIOLOGICAL CONTRAST MEDIA FOR WESTERN HEALTH CLOSING DATE: 8 December 2009 CLOSING TIME: 11:00 AM (Newfoundland Time)

Invitation to Tender for MRI Radiological Contrast Media 1.0 General Provisions 1.1 Intent This invitation to Tender is intended to obtain MRI Radiological Contrast Media for the Western Regional Health Authority (Western Health) and Eastern Health. All other Health Authorities may obtain produce from this tender as needed. 1.2 Client Background Western Health was established in 2005 and is responsible for the delivery of Health and Community Services in the Western Region. 1.3 Vendor Response 1.3.1 Vendor s tender must contain an Executive Summary which shall contain: a. A brief description of the product being quoted. b. The name, title and address of the Vendor s representative responsible for the preparation of the Tender. 1.3.2 All prices quoted for goods and services must be specified in Canadian dollars, FOB Western Health. All Tenders will be held to be valid for ninety (90) days following the Tender closing date. 1.3.3 Tenders must be received in full on or before the exact closing time and date indicated. TENDERS RECEIVED AFTER THAT TIME WILL NOT BE CONSIDERED. 1.3.4 All costs relating to the work and materials supplied by the Vendor in responding to this Invitation to Tender must be borne by the Vendor.

1.4 Release of Information 1.4.1 While Tender is Open: The names of individuals or companies who have picked up the tender documents will not be released. 1.4.2 At Tender Opening: Only the names of the bidders will be read out. 1.4.3 After Tender Opening: 1. No further information will be released until after the contract is awarded. 2. After award, only the name and bid price of the successful bidder will be made available. 3. Information will be made available for a 90 day period only. 4. Successful Awards will be posted on Web Site. 1.4.4 FYI, Statements that are included as part of our Tender calls: While bidders are welcome to attend the public opening, please be advised that it is not our policy to release bid information. Only the names of the bidders will be released. 1.5 Communication During Tendering 1.5.1 All communications with Western Health with respect to this invitation to Tender must be directed in writing to the attention of: Mr. John Piercey Regional Director, Materiels Management Western Health P.O. Box 2005 Corner Brook, Newfoundland A2H 6J7 Tel: (709) 637-5511 Fax: (709) 634-2649 Email: johnpiercey@westernhealth.nl.ca 1.5.2 Western Health may, during the assessment period, request meetings with the Vendors to clarify points in the Tender. No changes by the Vendor will be permitted after the Tender closing date.

1.5.3 Faxed Tender responses will be accepted with the condition that the original Tender documents are received at Western Health s Materiels Management Department no later than Five working days following the Tender closing date. 1.5.4 All bids must be sent in a sealed envelope clearly marked with Tender Name and Number to: Materiels Management Department, Western Health, Western Memorial Regional Hospital, Lower Level, P.O. Box 2005, Corner Brook, NL A2H 6J7. 1.5.5 Bids submitted by electronic transmission (e-mail) will not be accepted. 1.5.6 Companies submitting fax Tenders are doing so at their own risk and the fax Tender must be at the public opening as specified in the Tender information. This Authority will not be responsible for inhouse courier services if companies submit quotations by fax machine. The time stated on the fax Tender will become null and void since it is the responsibility of the company placing the Tender to have their Tender at the public opening, therefore, this Authority will not be responsible for any damages or liabilities. 1.5.7 In order to contribute to waste reduction and promote environmental protection, the Western Health will endeavour to acquire goods and services that support these principles, therefore, product(s) quoted should include: maximum level of post-consumer waste and/or recyclable content minimal packaging minimal environmental hazards maximum energy efficiency potential for recycling disposal costs must not reduce the quality of the product required or affect the intended use of the product must not significantly impact the acquisition cost 1.5.8 Are the quoted price(s) on this tender (where applicable) available to our employees? Yes No N/A Administratively the Western Integrated Health Authority will not be involved in ordering, servicing, warranty and payment; the employee(s) would deal directly with the company.

1.6 Tender Acceptance 1.6.1 Any acquisitions resultant from this invitation to Tender shall be subject to the Public Tendering Act. 1.6.2 The Tenders shall be opened in the Private Dining Room at The Western Memorial Regional Hospital on the scheduled date and time. 1.6.3 Any Tender may be accepted in whole or in part. The lowest Tender may not necessarily be accepted and Western Health reserves the right to cancel the Tender call. Western Health shall not be held responsible or liable for the payment of any costs that are incurred by the bidder in preparing a Tender in response to this invitation to Tender. 1.7 Warranty 1.7.1 The Vendor shall warrant that the product supplied to Western Health shall equal the published specifications. 1.7.2 The Vendor shall provide no less than a 1-year warranty on the system. The Vendor agrees to provide free of charge all parts and labour necessary to repair the system during the first year of operation. 1.7.3 Vendor shall indicate the warranty start date. 1.7.4 Vendor shall indicate the individual who will be providing the service and the nearest service location. 2.0 Product Specifications Product(s) must have a component of hepatocyte uptake/biliary excretion to allow for hepatic assessment. Product(s) must have established safety profile and documented widespread use in pediatric and neonate applications. Product(s) must have a macrocyclic and/or ionic chemical structure. The number of documented cases or product related NSF should be described, as well as a description of the current volume of product being used in the Canadian/North American and/or international market.

Product(s) must be acceptable for use in patients with significant renal impairment (egfr<30 ml/min/1.73m2) in accordance with 2008 CAR guidelines. MRI Contrast Media, Gadoteridol Injection extracellular fluid agent, Prohance or equal 10 ml Btl 5 Box 15 ml Btl 5 Box 20 ml Btl 5 Box MRI Contrast Media, Gadolinium Injection double relaxivity agent, Multihance or equal 5 ml Btl 5 Box 10 ml Btl 5 Box 15 ml Btl 5 Box 20 ml Btl 5 Box 50 ml Btl 5 Box The initial contract will be for a period of two years (January 1, 2010 December 31, 2012) with an option to extend for an additional two year period (until December 31, 2014). Bidders must submit pricing for a two year contract with an option for an additional two year extension. Bidders must submit one price for ALL YEARS, including the optional two year extension. Pricing must be firm for all years including the optional extension years. The decision whether to accept the extension will be solely that of the Health Authorities and the vendor will be notified of the decision no more than 120 days and no less than 30 days before the expiry date of the initial contract period. Vendors are asked to guarantee price adjustments should product prices decline for similar or lesser volume accounts over the term of the contract. At the discretion of the Health Authorities oral presentations from any or all vendors may be requested. Presentations may be required in up to three separate sites province-wide, and bidders will be notified one week prior if presentations are required. Clinical and technical evaluation by the Hospitals will also play a major part in this evaluation and as such, an evaluation of quoted products may be required. If so, vendors are required to provide reasonable quantities, free of charge. The following factors will be considered when evaluating the RFQ responses. To assist in the evaluation process, vendors must provide information on:

Product Packaging Warranty/guarantee Technological advancements current and planned to ensure the development and provision of efficient and cost effective services consistent with the needs of the health care industry Latex content Education & Services Provision of ongoing educational support for end users. In-servicing for end users. Customer Service Representation: to provide in-services; literature accessibility Work in Progress The vendor shall identify and describe any current works in process which will be available to the market place within the next 12 months. Vendors must be willing to provide product training to staff as required in each of the Health Authorities. Training and education must be provided at a minimum once per year I each of the regions using the product. Technological product advances not able to be provided by the successful vendor may result in the additional products being added to contract from an alternate company. Pricing will be negotiated separately with the alternate company. Should technological or other unanticipated changes occur affecting individual member s consumption, they must be permitted to negotiate changes without affecting the entire agreement. In the event of technological change or the introduction of new products, please provide information on the samples available for clinical trials; the costs (if any) involved and what pricing structure would be offered to the Health Authorities should we decide to use this product for the remainder of a contract. Executive Summary a brief summary of your quotation, including background information on your company. Product Information detailed product literature of quoted Radiological Contrast Media, including all information requested in this document. Signed Copy of this RFQ all pages must be signed.

Quantities Quantities stated are annual estimated volume only. Any member may participate in the group contract provided the vendor is given a 30 day notice. Substitutions/Equivalents/Price Protection/Price Differentials During the term of a contract, no product will be substituted for another without the mutual agreement of both parties. In the event of substitution, the price of the replacement item shall not exceed the price of the original bid. In the event that the vendor is unable to supply a contracted item or approved substitute during the term of a contract, that vendor will be responsible to pay the price differential between the bid price and the price paid to an alternate vendor. The specifications in the invitation define the minimum acceptable goods and/or services required. Minor deviations from the specifications may or may not be permitted at the sole discretion of the NLHBA. Delivery Deliveries must be made in accordance with dates stated on members Purchase Order, notwithstanding the location of the purchaser and documentation must state purchase order number. All shipments must be properly packed to avoid damage, spoilage or temperature extremes. Minimum order amount should be stated and must not exceed $500 to any organization. Invoicing Invoices will be submitted directly to each participating member organization, not Western Health. Warranty The vendor guarantees all equipment, materials, workmanship, and labourers liens. The vendor warrants title to commodities supplied and warrants them free from defects and/or imperfections, and will indemnify and hold purchaser harmless against any or all suits, claims, demands, and/or expenses, patent, litigation infringement, or any claim by third parties in or to the commodities mentioned and supplied by him. Inspection All goods delivered are subject to inspection and test within a reasonable time after delivery at purchaser s premises.

Returns In the event of a defective product, the member reserves the right to return it to the vendor, for full credit. Claims for either shortages or damaged merchandise will be submitted to vendor within thirty (30) days of invoice. Contract Review and Termination Contracts will be subject to review, re-tender, renegotiations, or termination for just cause in the event of: i. unauthorized price increase; ii. iii. prolonged interruption of supply availability; marked deterioration in the quality of supply, sales, and technical representation. Notwithstanding Section 11.1, Western Health reserves the right to open a contract for a particular product or class of products at a time when a product (pharmaceutical) manufactured by a single source becomes multi-source and market changes(s) dictate that the Group contract is no longer comparable to the new market condition. New Technology Product innovations with inventive and seemingly superior qualities to those products being used by the purchases, which were not offered in Canada at the time of signing of a contract but are subsequently offered by any vendor, will be referred to as New Technology. The Group reserves the right, during the term of any contract, to evaluate such New Technology for a period not to exceed four (4) months. Following such evaluation, and should the members determine that the new product provides improved therapeutic benefit, the RHA s reserves the right to re-open the applicable contract(s). Compliance With Laws The vendor shall be responsible for complying with all Federal, Provincial, and Municipal laws, rules and regulations applicable to the sale of the contracted material. Product Evaluations Samples of items, when required, must be provided at least 14 days prior to contract awarding date. No contract shall be awarded unless: i. the product has been previously used and deemed to be satisfactory; or ii. the product has been evaluated and found to be satisfactory prior to submission of quotes; or

iii. the product has been evaluated and found to be satisfactory prior to award of any contract to purchase. 3.0 Presentation / Training / Service 3.1 Presentation A presentation of the Tender and / or a demonstration of the product / system shall be provided, if requested, at the Vendor s expense. 3.2 Training 3.2.1 The Vendor shall provide on-site training to staff in the use of the MRI Radiological Contrast Media. All costs associated with this training shall be included in the total Tender price. The length of such training shall be what is reasonably required to train the users of the equipment and shall be documented. 4.0 Product History and Vendor Reputation 4.1 The Vendor shall provide a list of three (3) organizations where similar products are being used. Include a contact person for each organization. 5.0 Financial Considerations 5.1 All applicable taxes shall be indicated in the Tender. 6.0 Vendor Confirmation (please sign) I confirm that our Tender meets or exceeds the specifications detailed in this invitation to Tender. I also confirm that all specifications are included in the quoted price. Any items that are optional are noted accordingly. Signed Title Company Name Address Phone Tender Price $ Tax Extra Yes No

TENDER CHECKLIST TENDER #0171-0964 DID YOU INCLUDE HAS TENDER SUBMISSION BEEN SIGNED Yes No COPY OF REQUIRED TENDER DOCUMENTS Yes No COPY OF BROCHURES (IF REQUESTED) Yes No COPY OF WCB LETTER OF GOOD STANDING (IF REQUIRED) Yes No COPY OF PROOF OF INSURANCE (IF REQUIRED) Yes No AMOUNT OF TAX NOTED ON REQUEST FOR QUOTATION FORM Yes No OPTIONAL PRICING FOR TRAINING INCLUDED Yes No NOTE: TENDER RESPONSES MAY BE REJECTED IF YOU ANSWER NO TO ANY OF THE ABOVE QUESTIONS.