REQUEST FOR PROPOSAL #32-04 February 16, 2004

PURCHASING DEPARTMENT

UNIVERSITY OF MAINE

ORONO, MAINE 04469-5765

REQUEST FOR PROPOSAL FOR RESIDENCE HALL FURNITURE

1.0 GENERAL INFORMATION:

1.1 Purpose: The University of Maine System, acting through the University of Maine, is seeking proposals for the provision of residence hall furniture.

This Request for Proposals (RFP) states the instructions for submitting proposals, the procedure and criteria by which a vendor may be selected and the contractual terms by which the University intends to govern the relationship between it and the selected vendor.

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

1.3 Scope: The University is furnishing beds, bureaus, and bookcases for approximately 5 residence halls.

1.4 Evaluation Criteria: Proposals will be evaluated on many criteria deemed to be in the University's best interests, including, but not limited to cost, delivery, flexibility to add to the order, service, warranty, style, design, comfort, ability to meet specifications, responsiveness to terms and conditions, and references from institutions using the same products.

1.5 Communication with the University: It is the responsibility of the bidder to inquire about any requirement of this RFP that is not understood. Responses to inquiries, if they change or clarify the RFP in a substantial manner, will be forwarded by addenda to all parties that have received a copy of the RFP. 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

1.6 Award of Proposal: The University intends to award this proposal all to one vendor. Presentations may be requested of two or more bidders deemed by the University to be the best suited among those submitting proposals on the basis of the selection criteria. After presentations have been conducted, the University may select the bidder which, in its opinion, has made the proposal that is the most responsive and most responsible and may award the contract to that bidder. The University reserves the right to waive minor irregularities. Scholarships, donations, or gifts to the University, will not be considered in the evaluation of proposals. The University reserves the right to reject any or all proposals, in whole or in part, and is not necessarily bound to accept the lowest cost proposal if that proposal is contrary to the best interests of the University. The University may cancel this Request for Proposal or reject any or all proposals in whole or in part. Should the University determine in its sole discretion that only one bidder is fully qualified, or that one bidder is clearly more qualified than any other under consideration, a contract may be awarded to that bidder without further action.

1.7 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 date of the award notice, with a copy to the successful bidder. The protest must contain a statement of the basis for the challenge.

1.8 Confidentiality: The information contained in proposals submitted for the University's consideration will be held in confidence until all evaluations are concluded and an award has been made. At that time, the winning proposal will be available for public inspection. Pricing and other information that is an integral part of the offer cannot be considered confidential after an award has been made. The University will honor requests for confidentiality for information of a proprietary nature to the extent allowed by law. Clearly mark any information considered confidential.

1.9 Costs of Preparation: Bidder assumes all costs of preparation of the proposal and any presentations necessary to the proposal process.

1.10 Samples: Bidders may be asked to provide a sample for each item offered prior to award. 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.

Bidders will be allowed two (2) weeks to provide samples in order to be considered unless additional time is granted by the University at the time the request for samples is made.

1.11 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. NOTE: Detailed material & construction specifications must be included with your proposal. 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.

1.12 Debarment: Submission of a signed 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.

1.13 Proposal Understanding: By submitting a proposal, 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.

1.14 Proposal Validity: Unless specified otherwise, all proposals shall be valid for 60 days from the due date of the proposal.

1.15 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, RFP #______

1.16 Proposal Submission: A SIGNED original and 2 copies of the proposal must be submitted to the University of Maine Purchasing Department, 5765 Service Building, Orono, Maine 04469-5765, in a sealed envelope by Monday, March 8, 2004, to be date stamped by the Purchasing Department in order to be considered. Normal business hours are 8:00 a.m. to 4:30 p.m., Monday through Friday. Proposals received after the due date will be returned unopened. There will be no public opening of proposals (see Confidentiality clause). Vendors are strongly encouraged to submit proposals in advance of the due date to avoid the possibility of missing the due date because of 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 proposal. In the event that the University is closed due to inclement weather on the day that a proposal is due, proposals will be accepted 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. 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 OR E-MAIL PROPOSALS WILL NOT BE ACCEPTED. The envelope must be clearly identified on the outside as follows:

Name of Bidder

Address of Bidder

Due Date

RFP #

2.0 GENERAL TERMS AND CONDITIONS:

2.1 Contract Documents: If a separate contract is not written, the contract entered into by the parties shall consist of the RFP, the signed proposal 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.

2.2 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.

2.3 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.

2.4 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, (207) 581-2690.

2.5 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 a state court located in the State of Maine.

2.6 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.

2.7 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.

2.8 Independent Contractor: Whether the Contractor is 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.

2.9 Sexual Harassment: The University of Maine 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, Alumni Hall, 581-1226.

2.10 Indemnification: The Contractor agrees to be responsible for, and to protect, save harmless, and indemnify the University and its employees 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.

2.11 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 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.

3.0 PERFORMANCE TERMS AND CONDITIONS:

3.1 Contract Administration: Anne-Marie Nadeau, University of Maine Purchasing Department, (207) 581-2690, shall be the University's authorized representative in all matters pertaining to the administration of this contract.

3.2 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. Invoices must include a purchase order number.

3.3 Quantities: The quantities shown are the minimum quantities of each item that will be ordered. The University may increase the size of the order after the close of the academic year at which time a thorough assessment of the dorms can be done. Please indicate in your proposal if this option will be allowed and how it will affect pricing, if at all.

3.4 Furnish and Install: Please submit proposals with installation shown as a separate charge for

the following three options:

Option 1) Tailgate delivery to each building

Option 2) Inside delivery, 1^st floor to each building

Option 3) Delivery & Installation to each building-all floors

Building Name, Number of Floors, Elevator Access:

Knox Hall: Floors 2 - 4, Elevator available, 1 step to building entrance

Stodder Hall: Floors 1- 3, Elevator is small but usable, 8-10 steps to building entrance

York Hall: Floors 1-4, Elevator available, No steps to building entrance

Hart Hall: Floors 1-4, Elevator is small but usable, Loading dock to elevator

Estabrooke Hall: Floors 2-3, Elevator available, No steps to building entrance

NOTE: Actual number of buildings and locations are subject to change.

Delivery notification must be made to Larry Violette, (207) 581-4577, at least 72 hours prior to delivery. All crating and other debris must be removed from the premises. The Contractor will be solely responsible for correcting damage to premises resulting from the installation process should option 2 or 3 (above) be chosen.

3.5 Delivery Date: Delivery must be completed no later than August 13, 2004. It is our intent to make an award and submit a purchase order to the successful bidder no later than April 28, 2004.

3.6 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.

3.7 Final Acceptance: If the University chooses the full delivery & installation option the installing contractor shall be fully responsible for the installation. The installation shall be inspected by representatives of the University and the installing contractor prior to final acceptance by the University.

3.8 Warranty: All materials and equipment shall be fully guaranteed against defects for a minimum period of five (5) years following the date of delivery or acceptance. A detailed copy of the manufacturer’s warranty must be provided with your proposal.

4.0 SPECIFICATIONS:

All specifications are provided to convey the style, appearance, and quality of the furniture. Variances from the specific description will be considered. However, where solid Red Oak is called for alternative wood species, with the exception of ash, will not be considered. Where ash is being used extreme variations in color will not be permitted. Plastic laminate, wood veneer, hardboard (masonite, marlite, etc.) will not be considered.

General Specification

Material – Red Oak:

Lumber shall be kiln-dried, plain sawn red oak, laminated in strips no less than ¾” nor more than 5” in width, selected for appearance and arranged in random pattern per approved control panels. No splices, loose knots, torn grain, checks, snakes, splits, cracks, or defects of any kind shall be permitted. Grain shall not run off parallel by more than one inch in every four.

Lamination:

Lumber strips shall be edge-glued using Franklin Titebond regular or Imperial aliphatic resin glue, following manufacturer’s specifications. Glue joints shall be stronger than the wood itself. Any glue failure will be grounds for rejection.

Construction:

All wood components shall be carefully machined and sanded prior to assembly, with all exposed edges and corners chamfered 1/16”. Moisture content at time of assembly shall be kept between 5% and 7% inclusive. All joints shall be true and tight and securely glued in place. Surfaces of joints must fit accurately with no openings or splintering. Joints shall have 100% glue coverage. No starved joints will be allowed. Excess glue shall be neatly and thoroughly cleaned from all surfaces exposed to view. Failure of a joint to hold without splitting off 100% of surface wood will be grounds for rejection.

Finish:

All wood surfaces shall be sanded before finishing. No wood putty shall be permitted on any surfaces exposed to view. All unglued surfaces shall receive two coats of hybrid resin conversion finish to a total dry thickness of 3.0 mils, as follows:

Apply one spray coat sealer

Flash 40 minutes

Scuff sand with 220-grit paper

Apply spray coat topcoat

Flash 50 minutes

Inspect; touch sand with 220-grit paper as needed

All wood components shall have an equalized finish on all unglued surfaces and additional finish on all unglued end-grain surfaces. It is preferable that all wood components have an equal and balanced finish on all surfaces.

University of Maine Branding: Each piece of furniture will be branded with the letters UM in 1” text in an area that is easily noticeable as follows.

Beds – on exposed side of one post, upper right corner

Bureaus – exposed right side panel, upper right corner

Bookcase – exposed right side panel, upper right corner

ITEM SPECIFICATION: To view Adden Furniture items on-line: www.addenfurniture.com

4.1 Bed – Low Loft, Hook Lock Style, (Adden RM07LLHLK or acceptable alternative)

Dimensions: 37-1/2” H x 83-2/4” W x 37-1/2”D

Spring Assemby Height: Variable in 3” increments from 8-1/2” to 32-1/2”

Sized to fit 36 x 80 mattress, not included

Construction: Posts shall be joined with glued mortise and tenon to six cross rails in the vertical plane, centered on inside faces, three between each of two pair of 37-1/2” H posts. Posts shall be bore at bottom and top to allow for placement of metal bunking pins (included). Posts shall be machined for and fitted with ten 3/8” diameter steel pins on 3” centers, each covered with plug sanded flush, to engage spring assembly hook lock plates at nine different heights without the use of tools or additional hardware.

Exposed edges and corners shall be chamfered 1/16”, resulting in 90 degree reveal at butt joints.

Materials:

Posts: 2-3/8” Solid Red Oak

Rails: 3/4” Solid Red Oak

See Finish section of General Specification

Spring Assembly: 36” x 80”

Not less than 16 rows of 9 gauge sinuous wire joined by 5 columns of hardened wire links, connected directly at each side and by 5 helicals at each end to riveted or welded frame of 5/32” high carbon rail steel angle iron, 2”H x 1-1/2” W; two lateral stabilizers of 1” tubular steel offset 1-1/2” riveted or welded beneath frame to each side, approximately 31” from each end; corner brace riveted or welded to each side and end rail; hook lock plate riveted and welded to side rail at each end. Brown enamel finish.

4.2 Bureau/Chest – 3 Drawer (Adden RM03W or acceptable alternative) We are altering the drawer size specification of Adden’s bureau as we prefer 3 equal size drawers.

Dimensions: 24”D x 36”W x 29-1/2”H

Drawers: 8-3/8” H Face

Inside Depth: 20-1/4”

Inside Width: 32-1/2”

Construction: Constructed of solid oak, heavy-duty drawer slides and no additional hardware for pulls (knobs, etc.) Chest shall have 3 equal size drawers. Sides shall be joined with dowels and glue to seven cross rails: three in the vertical plane, inside back at top, and behind each pair of adjacent drawer fronts; and four in the horizontal plane, at top behind drawer front, centered above bottom drawer and at bottom front and back. Caster brackets shall be fastened with screws to sides and cross rails at bottom.

Back shall be fitted into routered top, sides, and bottom cross rail, and two corner blocks shall be glued to back and sides.

Top shall be butt-jointed to sides and fastened with screws through cross rails at front and back and cleats at sides.

Drawers shall be finger dovetailed at front and back, with bottom fastened into routered front, sides, and back. Fronts shall have beveled finger pull along width of top edge of bottom drawer and bottom edge of others. Slides shall be formed to operate with minimal lateral movement.

Exposed corners and edges shall be chamfered 1/16”, resulting in 90 degree reveal at butt joints. Tamper-resistant fasteners shall be employed throughout.

Materials:

Top, Sides, Rails (external), Drawer Fronts: 3/4” Solid Red Oak

Back: ½” 40-45 lb. Chipcore with white vinyl on exterior.

Drawer Sides: ½” hardwood plywood.

Drawer Bottom: ¼” plywood.

Drawer Slides: 100 lb. Dynamic test steel side guides, epoxy-coated with positive in/out stops.

Glides: 5/8” nylon.

See Finish section of General Specification

4.3 Bookcase, 2 Shelf – (Adden RM09W or acceptable alternative)

Dimensions: 10”D x 36”W x 29-1/2”H

Construction: Sides shall be joined with dowels and glue to cross rail in the vertical plane at top front, to shelf flush with front, and to bottom. Sides also shall be fastened with screws which shall be covered with face grain plug sanded flush.

Back shall be fitted into routered top, sides, and bottom.

Top shall be butt-jointed to sides and fastened with screws through cross rail at front and cleats at sides.

Exposed corners and edges shall be chamfered 1/16”, resulting in 90 degree reveal at butt joints.

Materials:

Top, Bottom, Sides, Shelf, Rail: 3/4” Solid Red Oak

Back: 1/2” 40-45 lb. Chipcore with red oak veneer on both faces

Glides: 5/8” nylon

See Finish section of General Specification

4.4 Additional Bed Ends (sets) – (Adden RM07LSLK or acceptable alternative)

To allow Low Loft to convert to High Loft. Each set to contain 2 bed ends and 1 stabilizer bar. Construction to match exact with bed ends specified in section 4.1

4.5 Safety Rail for Bunkable/Loftable Bed (Adden RM07SR or acceptable alternative)

Dimensions: ¾” D x 48”W x 14”H

Construction: Two posts shall be joined with dowels and glue to two cross rails in the vertical plane. Posts shall be radiused at top outside corners. Exposed corners and edges shall be chamfered 1/16”, resulting in 90 degree reveal at butt joints. Tamper-resistant fasteners shall be employed throughout. Hooks and screws shall be provided for fastening on site to pre-drilled posts, so that safety rail may be mounted anywhere on side rail of spring assembly.

Materials:

Posts, Rails: 3/4” Solid Red Oak or acceptable alternative

Safety rails made of materials other than Solid Red Oak may be considered. If you can offer both Oak and an alternative material please include pricing for both options.

See Finish section of General Specification

5.0 PROPOSAL CONTENT:

Business Profile:

5.1.1 No financial statements are required to be submitted with your proposals, however prior to an award the University may request reviewed financial statements from your company, credit reports and letters from your bank and suppliers.

5.1.2 Please submit with your proposal a detailed history and description of your company and any published reports about your company.

5.1.3 Inventory levels and average number of days to shipment after receipt of order.

5.2 References: A list of three references is required to be submitted with your quotation. These references should be agencies your firm has done business with 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: ( ) _____________