1.0 GENERAL INFORMATION

1.1 The University of Maine System, acting through the University of Maine, is seeking bids for the provision of approximately 550 tons of highway de-icing salt for the winter of 2002-2003.

For reference, the University of Maine will hereinafter be referred to as the "University". Each firm responding to this Request for Bid will be referred to as the "Bidder" and the firm selected to provide services to the University will be referred to as the "Contractor".

1.2 Purpose: The Contractor selected to provide salt to the University under the terms of this agreement must deliver highway de-icing salt to the University, FOB destination, with the first deliveries in early to mid-October. The total quantity to be purchased is approximately 550 tons. However, the contract shall cover the actual needs of the University throughout the term of the contract at the same cost regardless of whether they are more or less than the quantities shown.

1.3 Award: It is the intent of the University to award this bid to one vendor. The University reserves the right to conduct any tests it may deem advisable and to make all evaluations. The University reserves the right to reject any or all bids, in whole or in part and is not necessarily bound to accept the lowest bid if that bid is contrary to the best interests of the University. The University reserves the right to waive minor irregularities. Scholarships, donations, or gifts to the University will not be considered in the evaluation of bids. A bid may be rejected if it is in any way incomplete or irregular. When there are tie bids, there shall be a preference for "in-state-bidders." When tie bids are both in-state or both out-of-state, the award will be made to the bid that arrives first in the Purchasing Department.

1.4 Evaluation Criteria: Award will be made to the low bidder provided that all other requirements are satisfactorily met. However, consideration will be given to: references and ability to meet the University's delivery requirements.

1.5 Costs of Preparation: Bidder assumes all costs of preparation of the bid and any presentations necessary to the bidding process.

1.6 Debarment: Submission of a signed bid or proposal in response to this solicitation is certification that your firm (or any subcontractor) is not currently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from participation in this transaction by any Federal department or agency. Submission is also agreement that the University will be notified of any change in this status until such time as an award has been made.

 

 

 

 

 

2.0 BIDDING REQUIREMENTS

2.1 Bid Understanding: By submitting a bid, the bidder agrees and assures that the delivery site has been examined, that the specifications are adequate and the bidder accepts the terms and conditions herein. Any exceptions must be noted in your response.

2.2 Communication with the University: It is the responsibility of the bidder to inquire about any requirement of this RFB that is not understood. Responses to inquiries, if they change or clarify the RFB in a substantial manner, will be forwarded by addenda to all parties that have received a copy of the RFB. Addenda will also be posted on our web site, www.umaine.edu/purchasing/. This University will not be bound by oral responses to inquiries or written responses other than addenda.

Inquiries must be made to:

Richard Guthrie

Purchasing Department, Rm 101

University of Maine

5765 Service Building

Orono, Maine 04469-5765

(207) 581-3734

2.3 Submission: A signed original of the bid must be received at the University of Maine Purchasing Department, 5765 Service Building, Orono, Maine 04469-5765, no later than 2:30 P.M. local time Tuesday, October 1, 2001, for a public opening. Bidders are strongly encouraged to submit bids in advance of the due date to avoid the possibility of missing the 2:30 deadline due to unforeseen circumstances. Vendors assume the risk of the methods of dispatch chosen. The University assumes no responsibility for delays caused by any package or mail delivery service. Postmarking by the due date WILL NOT substitute for receipt of bid. Bids must be date and time stamped by the Purchasing Department on time to be considered. In the event that the University is closed because of inclement weather at the time that a bid is due, the bid will be opened at the same time on the next day that the University is open. Vendors may wish to call 207-581-SNOW or 800-581-SNOW if the weather is bad, to learn if the University has closed. Bids received after the due date and time will be returned unopened. Additional time will not be granted to any vendor. Additional time may be granted to all vendors when the University determines that circumstances require it. FAXED BIDS WILL NOT BE ACCEPTED.

 

3.0 GENERAL TERMS AND CONDITIONS

3.1 Assignment: Neither party of the Contract shall assign the Contract without the written consent of the other, nor shall the Contractor assign any money due or to become due without the previous written consent of the University.

3.2 Contract Documents: If a separate contract is not written, the contract entered into by the parties shall consist of the Request for Bids, the signed bid submitted by the Contractor, the specifications including all modifications thereof, and a purchase order or letter of agreement requiring signatures of the University and the Contractor, all of which shall be referred to collectively as the Contract Documents.

 

 

 

 

3.3 Contract Modification and Amendment: The parties may adjust the specific terms of this contract (except for pricing) where circumstances beyond the control of either party require modification or amendment. Any modification or amendment proposed by the Contractor shall be in writing to the Purchasing Department. Any agreed upon modification or amendment will be in writing and signed by both parties.

3.4 Contract Validity: In the event one or more clauses of the contract are declared invalid, void, unenforceable or illegal, that shall not affect the validity of the remaining portions of the contract.

3.5 Contract Term: The contract shall cover the University's needs for the Winter of 2002 - 2003 and will commence on the date a purchase order is issued. The University may purchase additional salt according to the terms of this agreement through March 31, 2002, at the same cost.

3.6 Cancellation/Termination: If the Contractor defaults in its agreement to provide highway de-icing salt to the University's satisfaction, or in any other way fails to provide service in accordance with the contract terms, the University shall promptly notify the Contractor of such default and if adequate correction is not made within five (5) days, the University may take whatever action it deems necessary to provide alternate services and may, at its option, immediately cancel this Contract with written notice. Except for such cancellation for cause by the University, either the University or the Contractor may terminate this Contract by giving 30 days advance written notice to the other party. Cancellation does not release the Contractor from its obligation to provide goods or services per the terms of the contract during the notification period.

3.7 Contract Administration: The University of Maine Purchasing Department or its designee shall be the University's authorized representative in all matters pertaining to the administration of this contract.

3.8 Clarification of Responsibilities: If the Contractor needs clarification or deviation from the terms of the Contract, it is the Contractor's responsibility to obtain written clarification or approval from Rick Guthrie, Technical Purchasing Agent, at 581-3734.

3.9 Equal Opportunity: In the execution of the contract, the Contractor and all subcontractors agree, consistent with University of Maine System policy, not to discriminate on the grounds of race, color, religion, sex, sexual orientation, national origin or citizenship status, age, disability or veterans status and to provide reasonable accommodations to qualified individuals with disabilities upon request.

3.10 Litigation: This Contract and the rights and obligations of the parties hereunder shall be governed by and construed in accordance with laws of the State of Maine. Contractor agrees that any litigation, action or proceeding arising out of this contract, shall be instituted in a Federal court or state court located in the State of Maine.

3.11 University Policies: All Employees, agents, or subcontractors of the Contractor who enter the University campus for any reason relating to this contract shall at all times abide by and adhere to all University policies relating to sexual harassment and discrimination of all types. Further information on these policies may be obtained from the office of Equal Opportunity, University of Maine, (581-1226).

3.12 Smoking Policy: The University of Maine System must comply with the "Work place Smoking Act of 1985" and MRSA title 22, 1541 et seq, "Smoking Prohibited in Public Places." In compliance with this law, the University of Maine System has prohibited smoking in all University System buildings except in designated smoking areas. This rule must also apply to all contractors and workers in existing University System buildings. The Contractor shall be responsible for the implementation and enforcement of this requirement within existing buildings.

3.13 Quantities: The quantities shown on the bid form are approximate only. The contract shall cover the actual needs of the University throughout the term of the contract at the same cost regardless of whether they are more or less than the quantities shown.

3.14 Payment: Payment will be upon submittal of an invoice to the Purchasing Department by the Contractor on a net 30 basis unless discount terms are offered. Invoices must include purchase order number.

 

4.0 PERFORMANCE TERMS AND CONDITIONS

4.1 Condition and Care of Site and Protection of the Work: The Contractor shall continuously maintain adequate protection of all work covered by the Contract from damage and shall protect the property from injury or loss arising in connection with this Contract, and shall make good any such damage, injury or loss. The Contractor shall adequately protect adjacent property as provided by law and the Contract Documents.

4.2 Delivery of Highway De-icing Salt: The Contractor shall make an initial delivery of 80 to 100 tons of highway de-icing salt to the University of Maine Grounds Shop in early to mid-October, 2002. Delivery dates will be coordinated by George Smith (207-581-2644) and the Contractor. Subsequent deliveries will be made in no less than 20-ton shipments as needed through the term of this agreement. Deliveries will be coordinated by George Smith and the Contractor. The University's salt shed storage capacity is 80 tons.

4.3 Transportation: Quotations must be F.O.B. destination. Prices quoted will be considered to include all charges for transportation, containers, insurance, duty and brokerage charges, etc. necessary to complete delivery F.O.B. destination basis. All charges must be prepaid and material delivered to the University Grounds Shop. Material must be accompanied by a delivery slip showing quantities of salt delivered.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

5.0 SUBMISSION REQUIREMENTS:

5.1 References: A list of three references is required to be submitted with your quotation. These references should be agencies your firm has supplied with highway de-icing salt in the past year on projects with a similar scope to this one.

 

Company Name:

Address:

City: State: Zip Code:

Contact Person:

Phone Number: ( ) Fax Number: ( )

Company Name:

Address:

City: State: Zip Code:

Contact Person:

Phone Number: ( ) Fax Number: ( )

Company Name:

Address:

City: State: Zip Code:

Contact Person:

Phone Number: ( ) Fax Number: ( )

5.2 Delivery Lead Time: The Contractor will be expected to deliver 80 tons of highway de-icing salt to the University in mid-October. Indicate (yes or no) if you will be able to meet this request.

YES _______ NO ______ If no, delivery by / /

5.3 Price Quotation: Provide cost for highway de-icing salt as listed herein. The bid shall be in the form of a firm price for salt during the contract period. The bid price shall include charges such as transportation, containers, insurance, duty and brokerage charges, etc. necessary to complete delivery. Charges not specified in the bid will not be honored.

 

 

Qty Description Cost/Ton Total

550 Tons Highway De-icing Salt $ $

Maine Department of

Transportation