REQUEST FOR BID

Request for Bid #29-03 November 4, 2002

UNIVERSITY OF MAINE

PURCHASING DEPARTMENT

ORONO ME 04469

The University of Maine System, acting through the University of Maine, is seeking bids for equipment and uniforms for the Department of Public Safety/Campus Police.

1.0 GENERAL INFORMATION

1.1 Definition of Parties: The University of Maine will hereinafter be referred to as the "University." Respondents to the RFB shall be referred to as "Bidders." The Bidder to whom the contract is awarded shall be referred to as the "Contractor."

1.2 Purpose: The purpose of this request for bid (RFB) is to establish on-going contract(s) for the purchase of equipment and uniforms. The University will make a one-time initial purchase upon award of the contract(s) and after that will place smaller orders on an as needed basis for the remainder of the contract term.

1.3 Award: It is the intent of the University to award this by groups of items (schedule I, schedule II, schedule III, and schedule IV), or all to one vendor, whichever is in the University’s best interest. 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: Award will be made to the low bidder provided that all other requirements are satisfactorily met. However, consideration will be given to delivery and references. For each schedule the total cost of “standard issue items” for men or for women will be considered “total” for that schedule.

1.5 Award Protest: Bidders may appeal the award decision by submitting a written protest to the director of Purchasing within five (5) business days of the award notice, with a copy of the protest to the successful bidder. The protest must contain a statement of the basis for the challenge.

1.6 Bid Understanding: By submitting a bid, the bidder agrees and assures that the specifications are adequate, and the bidder accepts the terms and conditions herein. Any exceptions should be noted in your response.

1.7 Alternates: Unless otherwise provided for in this solicitation, the name of a certain brand, make or manufacturer does not restrict bidders to the specific brand, make or manufacturer named; but conveys the general style, type, character, and quality of the article desired. Any article, which the University, in its sole discretion, determines to be the equal of that specified, considering quality, workmanship, economy of operation, and suitability for the purpose intended, shall be accepted. It is the bidder's responsibility to clearly and specifically indicate the product being offered and to provide sufficient descriptive literature, catalog cuts and technical detail to enable the University of Maine to determine if the product offered meets the requirements of the solicitation. Failure to furnish adequate data for evaluation purposes may result in declaring a bid non-responsive. Unless the bidder clearly indicates in its bid that the product offered is an "equal" product, such bid will be considered to offer the brand name products referenced in the solicitation.

1.8 Samples: Samples must be provided for all alternative items offered prior to or at the time of bid opening. Samples shall be exact and true representatives of the material offered. Each sample shall be properly tagged or labeled with the name of the bidder, the bid opening date, and the specific commodity or item number. Samples shall be provided at no cost to the University. In the event the delivered product fails to conform to the sample provided, the Contractor shall immediately replace the portion of the delivered commodity with acceptable material conforming to the contract requirements at no additional cost to the University. Sealed bids shall not be affixed to or placed in sample packages or containers. Failure to comply with these instructions may be cause for rejection of your bid.

Submit bid samples to:

Anne-Marie Nadeau

University of Maine

Orono, Maine 04469

Sealed bid # _________

Opening Date and Hour ____________

1.9 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/. The University will not be bound by oral responses to inquiries or written responses other than addenda.

Inquiries must be made to: Anne-Marie Nadeau

Purchasing Department

University of Maine

5765 Service Building

Orono, Maine 04469-5765

(207) 581-2690

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

1.11 Debarment: Submission of a signed bid 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 State or Federal department or agency. Submission is also agreement that the University will be notified of any change in this status.

1.12 Submission: A signed original plus one (1) copy of the bid must be received at the University Purchasing Department, 5765 Service Building, Orono, Maine 04469-5765, no later than 2:00 P.M. local time Monday, November 18, 2002, for a public opening. Bidders are strongly encouraged to submit bids in advance of the due date to avoid the possibility of missing the 2:00 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 due to 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 single vendor, however, additional time may be granted to all vendors when the University determines that circumstances require it. FAXED BIDS OR E-MAIL BIDS WILL NOT BE ACCEPTED.

2.0 CONTRACT TERMS AND CONDITIONS

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

2.2 Contract Administration: The University of Maine Public Safety Department, Susan York, shall be the University's authorized representative in all matters pertaining to the administration of this contract.

2.3 Clarification of Responsibilities: If the Contractor needs clarification of or deviation from the terms of the contract, it is the Contractor's responsibility to obtain written clarification or approval from Anne-Marie Nadeau, Purchasing Agent, University of Maine Purchasing Department.

2.4 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.

2.5 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 must be in writing to the Purchasing Department. Any agreed upon modification or amendment must be in writing and signed by both parties.

2.6 Contract Term: The contract term shall be for a period of one (1) year commencing upon award of this bid. With mutual written agreement of the parties this contract may be extended for two (2) additional one-year periods.

2.7 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.

2.8 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.

2.9 Indemnification: The Contractor agrees to be responsible for, and to protect, save harmless, and indemnify the University from and against all loss, damage, cost and expense (including attorney's fees) suffered or sustained by the University or for which the University may be held or become liable by reason of injury (including death) to persons or property or other causes whatsoever, in connection with the operations of the Contractor or any subcontractor under this agreement.

2.10 Independent Contractor: Whether the Contractor is a corporation, partnership, other legal entity, or an individual, the Contractor is an independent contractor. If the Contractor is an individual, the Contractor's duties will be performed with the understanding that the Contractor is a self-employed person, has special expertise as to the services which the Contractor is to perform and is customarily engaged in the independent performance of the same or similar services for others. The manner in which the services are performed shall be controlled by the Contractor; however, the nature of the services and the results to be achieved shall be specified by the University. The Contractor is not to be deemed an employee or agent of the University and has no authority to make any binding commitments or obligations on behalf of the University except as expressly provided herein. The University of Maine System has prepared specific guidelines to be used for contractual agreements with individuals (not corporations or partnerships) who are not considered employees of the System.

2.11 Contractor's Liability Insurance: During the term of this agreement, the Contractor shall

maintain the following insurance:

Insurance Type Coverage Limit

1. Commercial General Liability $1,000,000 per occurrence or more

(Written on an Occurrence-based form) (Bodily Injury and Property Damage)

2. Automobile Liability $1,000,000 per occurrence or more

(Including Hired & Non-Owned) (Bodily Injury and Property Damage)

3. Workers Compensation Required for all personnel

Employers Liability minimum limits:

Bodily injury by accident: $100,000 each accident

Bodily injury by disease: $100,000 each accident

Bodily injury by disease: $500,000 policy limit

The University of Maine System shall be named as Additional Insured on the Commercial General Liability insurance.

Certificates of Insurance for all of the above insurance shall be filed with:

University of Maine Purchasing Department

5765 Service Building

Orono, Maine 04469

Certificates shall be filed prior to the date of performance under this Agreement. Said certificates, in addition to proof of coverage, shall contain the standard Acord statement pertaining to written notification in the event of cancellation, with a thirty (30) day notification period.

As additional insured and certificate holder, the University should be included as follows:

The University of Maine System

Office of Facilities

107 Maine Avenue

Bangor, ME 04401

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

2.13 Packing Slips: All charges must be prepaid and material delivered to the location specified. Merchandise must be accompanied by delivery slip or packing list and the purchase order number.

2.14 Parking Regulations and Use of Walkways: The Contractor's vehicles and those of their employees working on campus, must be registered with the Department of Public Safety. Unregistered vehicles on the University campus are subject to a parking violation ticket and/or towing off campus. Contractors are advised that parking regulations are strictly enforced by campus police. Towing will be at the Contractor's expense. A copy of regulations can be obtained by calling Public Safety Parking Office at 581-4047.

2.15 Payments: 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. Invoice must include the purchase order number.

2.16 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 regardless of whether they are more or less than the quantities shown.

2.17 Sexual Harassment: The University is committed to providing a positive environment for all students and staff. Sexual harassment, whether intentional or not, undermines the quality of this educational and working climate. The University thus has a legal and ethical responsibility to ensure that all students and employees can learn and work in an environment free of sexual harassment. Consistent with the state and federal law, this right to freedom from sexual harassment was defined as University policy by the Board of Trustees.

Failure to comply with this policy could result in termination of this contract without advanced notice. Further information regarding this policy is available from the Director of Equal Opportunity, North Stevens Hall, 581-1226.

2.18 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.

2.19 Transportation Charges: Quotations must be F.O.B. Destination. Prices quoted will be considered to include all charges for transportation, packaging, crates, containers, insurance, duty and brokerage charges, etc. necessary to complete delivery.

2.20 Uniform Sizing & Proper Fit (Schedules II and III): The Contractor shall be responsible for measuring of all personnel for proper sizing and fit of all garments at no additional charge to the University. Proper fit of garments is the responsibility of the Contractor. Garments not fitted properly shall be returned to the Contractor for credit and re-ordered as required. Measuring will be done on an as needed basis and must be provided on-site at the University Public Safety Building. This service shall be provided within 5 working days of notification from the University.

2.21 Tailoring (Schedules II and III): Contractor shall be responsible for tailoring of all garments as specified. This shall include sewn in creases and stripes on trousers, sewn on patches and buttons where required, and all hemming and tailoring required for proper fit of all garments.

2.22 Backorders: Backorders must be kept to a minimum. Contractor is required to fill the backorder when items become available. Backordered items may only be canceled with written consent of the University.

2.23 Overnight Shipping: In some cases the University may require overnight shipping. In these cases, the University shall pay any additional cost associated with overnight shipping.

2.24 Continuity: In order to maintain a professional appearance and continuity throughout the Department the Contractor must continue to provide the exact item which is contracted for. (i.e. same brand, stock #, color, etc.) If an item becomes unavailable through the Contractor but is available through other sources, the University reserves the right to purchase that item elsewhere. If a substitute item is offered a sample must be provided to and approved by the University prior to any purchase of that item. Acceptance and approval of substitute items is at the discretion of the University.

3.0 SPECIFICATIONS

This bid contains four (4) schedules, Schedule I = Equipment, Schedule II = Body Armor, Schedule III = Uniforms, Schedule IV = Badges & Collar Brass. Bidders may respond to any one or more schedules.

Where M/W is indicated, please provide item in both Men’s and Women’s sizing. Where M/W is not indicated it is assumed the item is Unisex.

3.1 Schedule I (Equipment):

All items shall be Gould & Goodrich K-Force, plain black leather with snaps and buckles. Snaps and buckles shall be brass or nickel, dependent on rank. NO SUBSTITUTES

Duty Belt, #K59FL4R, M/W

Velcro Lined Pants Belt, #K55, M/W

Pants Belt, #K52, M/W

Double Snap Belt Keeper, # K76 (will order in quantity of 4-each)

Aerosol Case MK III, # K681-3

Flashlight Holder, #K493D

Two Pocket Glove Case, #K555

Handcuff Case, #K70

Key Strap With Flap, #K72

Double Magazine Case, #K647, (Glock 9mm)

Initial Order (schedule I): The Basic Equipment Package shall consist of 1 of each item (including 4 of item #K76). The initial order shall consist of 1 complete package for approximately 20 people.

3.2 Schedule II (Body Armor)

Point Blank, Legacy II, Navy Blue, or acceptable equivalent. (.125” thickness, .69 PSF)

· Lightweight,

· High durability neoprene shoulder straps retain the strength of the Multi-Hit Suspension System. Straps are removable and replaceable.

· Direct attachment straps attach directly to the ballistic panels, preventing panels from shifting. Ballistic Stabilizer Tab prevents “riding up” and holds panels in place while allowing torso movement.

· Durable 65/35 poly/cotton carrier with 2 year warranty.

· Enhanced design for overall coverage

· Built in 5” x 8” pocket on ballistic panels for Flexible Trauma Shields and Anti-Stab panels.

· N1J Standard 0101.04 bullet stopping capability and blunt trauma protection.

· Machine Washable

Initial order will not include body armor.

3.3 Schedule III, (Uniforms)

Garments shall be available in all sizes offered by the manufacturer. Additional costs for sizes Tall and/or 2XL or larger must be indicated in section 4.0 (Bid Submittal)

Squad Suit: Topps #SS40 1010 Midnight Navy or acceptable equivalent

Fabric is 6.5 oz. per square yard, 65/35 poly/combed cotton in a poplin weave. Polyester blended thread sewn throughout with five-thread safety stitching on all closing operations. All strain points shall be bar-tacked for extra strength.

One-piece, bi-swing pleated back with 2-way zipper front closure. Elasticized waist in back with hook and loop closure belt in front. Knee-length leg zippers with adjustable snap closure at bottom of leg. Knees reinforced on outside with extra piece of self-fabric approximately 8” x 10”. Two pass-through side openings 6” minimum for access to inner garments. Sleeves with adjustable 2-ply cuff with brass nickel-plated snaps. Fabric on under cuff and top cuff is the same. Collar is 2-ply with same fabric, sewn-in collar stays, topstitched. Badge Tab 1” wide by 2” long with 2 sewn eyelets centered 1” apart. #5 heavy-duty two-way brass oxidized zipper with permanent press tape and full-length protective fly. Brass nickel-plated snap closure at top of zipper.

Pockets: 2 slanted breast pockets with zipper closures, 7”wide x 7-1/2” at deepest point. Bottom of pockets sewn into waistband. Pencil pocket incorporated in left pocket. 2 inserted lower front pockets with minimum opening 6-1/2” wide and 10-1/2” deep. Watch/change pocket 3-1/4” wide by 3” deep in right front pocket. 2-Back patch pockets 7” wide and 8” deep, left back pocket to have zipper closure. Utility pocket attached to right leg approx. 9” below the waistband, 3-1/2”wide x 11” deep.

Hat (winter): Midway Cap Company, Deluxe Five-Star Cap or acceptable equivalent.

Cover material is #1500 Dark Navy Serge-fully laminated with .093 poly foam. 1 eyelet on front for badge, 2 eyelets on each side for ventilation. Frame band is 2” Black Midlon sewn over 2” perforated plastic, bound at the bottom with same material as cover. Front support is #3 metal shape support with 3/8” black tubular grommet slipped into sewn socket in frame. Visor is #88 sewn into frame at 45 degree angle to finish 2” long. Front strap ½” back plastic Sloan with nickel “P” buttons on each side. Sweatband is 1-1/2” perforated leather with a Zig-Zag finish. Size Ranges 6-1/2 to 8, (size to be labeled on inside of cap).

Hat (Summer): Midway Cap Company, Deluxe Five-Star Cap or acceptable equivalent.

Same as above (Winter Hat) except as follows:

Cover material is #311 Dark Navy Nylon Mesh with diamond sweat protector.

Stretch Hat Band, Gold and Silver: Midway Cap Company or acceptable equivalent.

Long Sleeve Shirt M/W: Fechheimer Flying Cross, Tropical Deluxe, LAPD Blue, #47W6686 (men’s), #104W6686 (women’s), No Substitute.