REQUEST FOR BID #24-04                                                                                           October 30, 2003

UNIVERSITY OF MAINE

PURCHASING DEPARTMENT

ORONO, MAINE  04469-5765

PROVISION OF ELECTRICAL DEVICES

TO CENTRAL SUPPLY

1.0     GENERAL INFORMATION

         1.1     The University of Maine System, acting through the University of Maine, is seeking services as outlined in the attached documents.

                  For reference, the University of Maine will hereinafter be referred to as the "University."  Firms responding to this Request for Bid (RFB) shall be referred to as "Bidders", and the firm selected to provide services to the University shall be referred to as the "Contractor."

1.2     Purpose:  Central Supply stocks electrical devices to supply the Department of Facilities Management for it maintenance and repair needs for the campus.  The selected Contractor will provide specification grade switches, receptacles, cord caps, and cord bodies to meet Central Supply’s inventory requirements for a period of two years with options to extend for two additional one-year periods.  The University expects a quick turn-around on orders, next day in some cases.  The amount listed in this bid signifies a ten month period of sales for Central Supply beginning January 1, 2004 and ending October 31, 2004.  However, purchases on the Contract shall cover the actual needs of the University throughout the term regardless whether sales are more or less that the amounts shown.

         1.3     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 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.

         1.4     Evaluation Criteria:  Award will be made to the low bidder provided that all other requirements are satisfactorily met.  However, consideration will be given to: quality and references.

         1.5     Award:  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/proposals.  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.

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

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

         1.8     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 State or Federal department or agency. Submission is also agreement that the University will be notified of any change in this status.

1.9     Specification Protest Process and Remedies:  If a bidder feels that the specifications are written in a way that limits competition, a specification protest may be sent to the Purchasing Department.  Specification Protests will be responded to within five (5) business days of receipt.  Determination of protest validity is at the sole discretion of the University.  The due date of the bid may be changed if necessary to allow consideration of the protest and issuance of any necessary addenda. Specification protests shall be presented to the University in writing as soon as identified, but no less than five (5) business days prior to the bid opening date and time.  No protest against the award due to the specifications shall be considered after this deadline. Protests shall include the reason for the protest and any proposed changes to the specifications. Protests should be delivered to the Purchasing Department in sealed envelopes, clearly marked as follows:

                        SPECIFICATION PROTEST, RFB #______

2.0     BIDDING REQUIREMENTS

         2.1     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.

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

                  Inquiries must be made to:    Robert Eslin

            Purchasing Department Room 101A

            University of Maine

            5765 Service Building

            Orono, Maine 04469-5765

            (207) 581-2688

            email: eslin@maine.edu

         2.3     Submission:  A signed original plus 2 copies 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 Wednesday, November 19, 2003, 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.

3.0     GENERAL TERMS AND CONDITIONS

         3.1     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.

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

         3.4     Contract Term:  The contract term shall be for a period of  2 years commencing upon December 1, 2003.  With mutual written agreement of the parties this contract may be extended for two additional one-year periods. 

         3.5     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.

         3.6     Cancellation/Termination:  If the Contractor defaults in its agreement to provide personnel or equipment 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 5 working 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 of or deviation from the terms of the contract, it is the Contractor's responsibility to obtain written clarification or approval from Robert Eslin, Associate Director of Purchasing.

         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   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.

         3.11   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. 

         3.12   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.

         3.13   Central Supply Hours:  Deliveries must be made to Central Supply between the hours of 7:00 a.m. and 3:00 p.m. Monday through Friday.

3.14      Quantities:  The quantities shown on the bid form are approximate only.  The Contract shall cover the actual needs of the University of Maine regardless of whether they are more or less than the amounts shown.

3.15   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.

3.16   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.

4.0  SPECIFICATIONS AND SUBMISION REQUIREMENTS

         4.1  Product Information:  The bidder shall clearly and specifically identify the product being offered and enclose complete and detailed descriptive literature, catalog cuts and specifications with the bid to enable the University to determine if the product offered meets the requirements of the solicitation.  Failure to do so may cause the bid to be considered non-responsive.

4.2         Product Cost: Submit with your proposal a cost for product offered to the University as a percent off manufacturer’s price list.  Pricing for the first two years of the contract  must be fixed.  After the initial two year term, price increases will be allowed based on the below listed percent applied to the most current published manufacturer’s price list used for all customers.  The bid price must include charges such as shipping, insurance, and all other costs.  Charges not specified in the bid will not be honored.

4.3         Percent off list  ____________%  Include the most current manufacture’s price list from which you are basing your bid.  The percent off list  offered must apply to all switches, outlets, caps and bodies purchased by Central Supply whether or not they are listed in this bid.

         4.4        The list of items below includes year-to- date sales from January 1 2003 to October 15, 2003.   The item numbers listed are meant to give bidders the general style, type and quality of the product wanted.  If an alternate brand is offered bidders must provide sufficient descriptive literature and technical information to enable the University to determine if the product offered is an acceptable alternate.  Samples may be requested before award.

4.5     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.