REQUEST FOR PROPOSAL

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

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 bidder selected to provide equipment to the University will be referred to as the "Contractor."

1.2 Purpose: To provide conditioned power and electrical back-up protection for a high-performance computer cluster.

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 of Maine, 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.

1.4 Award: The University intends to award this bid all to one vendor, price and other factors considered. 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/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.

1.5 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 of the protest to the successful bidder. The protest must contain a statement of the basis for the challenge

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

1.7 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.

1.8 Bid Envelope: If a special envelope is not furnished, or if return in the special envelope is not possible, the signed bid should be returned in an envelope or package, sealed and identified as follows:

1.9 Submission: A signed original 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 Thursday, March 11, 2004, 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 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 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.

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

1.11 Evaluation Criteria: Award will be made to the low bidder provided that all other requirements are satisfactorily met.

1.12 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:

1.13 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.

1.14 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.

1.15 Contractor's Liability Insurance: During the term of this agreement, the Contractor shall maintain the following insurance:

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

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 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:

1.16 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.

1.17 Energy Star Compliance: The University prefers to buy products that are Energy Star Compliant whenever possible. Please provide all pertinent and verifiable information with regard to Energy Star Compliance. The bidder is responsible to clearly and specifically indicate the product being offered and to provide adequate information to enable the University to determine if the product offered meets the requirements of this solicitation. Verification from the manufacturer of Energy Star Compliance must be provided.

1.18 EPP Commitment: The University has made a commitment to purchase Environmentally Preferred Products (EPP) to the extent possible and to buy from vendors who are being good stewards of the environment as well. To that end we ask that you provide us with information that will help us to do that in the future. Please submit with your bid/proposal the ways in which your company is working to be better stewards of the environment. If that information is on your website, please provide us with the web address. Include:

1) Products that display one or more positive environmental attributes (recycled content, energy or water efficiency, lox toxicity or biodegradability.)

2) Products that generate less waste by containing less packaging or by being more durable, reusable or remanufactured.

3) Products that meet certain environmental criteria during production (chlorine free, wood from a sustainably managed forest.)

4) If you will reclaim or take back items (batteries, electronics, carpeting, oil products, tires and toner cartridges.)

5) Any credentials or awards you have received for being good stewards of the environment.

2.1 Delivery Notification: The University shall be notified two (2) days prior to delivery so that personnel may be available to allow access to the building and verify items received. Notification shall be made to: Larry Thompson at 207-866-6567

2.2 Manuals: The Contractor shall provide with each piece of equipment owners manual and/or maintenance instructions and parts lists.

2.3 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.

2.4 Acceptance Tests: The acceptance tests required to demonstrate that performance specifications can be met must be carried out in exacting accordance with the capabilities as described in the user and technical documentation/operation manuals(s) delivered with the uninterrupted power supply or submitted with the bid response. Failure to satisfy this acceptance test may result in rejection of the uninterrupted power supply with no financial obligation incurred by the University.

4.1 Facility Requirements: Special conditions essential to the equipment area must be specified. Appropriate modifications to the area will be the responsibility of the University. Indicate the physical dimension and weight of the largest piece. Floor load requirement must also be indicated.

4.2 Service Agreement: Provide the annual cost of a service agreement beyond the warranty period and the names of service representatives who would service this account:

4.3 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 inside delivery on an F.O.B. Destination basis.

4.4 Warranty: All materials and equipment shall be fully guaranteed against defects for a period of one (1) year following date of delivery or acceptance.

Provide warranty information, both on parts and labor, applying to all equipment that may be purchased as a result of this Request for Bid. This would include units/components not manufactured by the seller.

4.5 Lead Time: State the number of days to delivery after receipt of the order: __________________.

4.6 Training: Pricing must include start-up service and training for University personnel. Describe the training included in the price.

March 5, 2004

ADDENDUM #1

Request for Bid #35-04

Page 5 – Section 3.1 – Add the following wording after “Battery capacity: 10 minutes at full load or greater”:

Liebert Maintenance Bypass Cabinet, Model 37MB1300CC61N, with the following features:

Single rotary handle switch interlocked for “make-before-break” transfer of the load with input and single circuit breakers
Shipped separately, including interconnecting cables to bolt to the right side of the UPS
Casters and leveling feet

Hal Wells

U.M.S. Purchasing Manager

HCW:cc

EQUIPMENT BID FOR UNINTERRUPTED POWER SUPPLY