REQUEST FOR BID
#22-05
December 8, 2004
UNIVERSITY OF MAINE
PURCHASING DEPARTMENT
ORONO, MAINE 04469-5765
The University of Maine
System, acting through the University of Maine, is seeking bids for water
cooler rental service and bottled spring water
according to the following specifications.
GENERAL INFORMATION:
1.0 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 Award: It is the intent of the
University to award this bid all 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 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.
1.3 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:
From ________________ __________ __________
__________
Name Due Date Time Bid No.
1.4 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
1.5 Evaluations: Award will be made
to the low bidder provided that all other requirements are satisfactorily
met. However, consideration will be given to references and IBWA membership.
1.6 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.
1.7 Submission: A signed original
plus one 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 Thursday,
December 23, 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 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
1-800-581-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.
1.8 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.
1.9 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.
1.10 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.
2.0 CONTRACT TERMS
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 Purchasing Department or its
designee shall be the University's authorized representative in all matters
pertaining to the administration of this contract.
2.3 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.
2.4 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.
2.5 Contract Term: The contract term
shall be for a period of three (3) years commencing upon January 1, 2005.
With mutual written agreement of the parties this contract may be extended for
two (2) additional one-year periods. The University understands that
Contractor needs time to order new equipment upon award of this contract and
as a result installations may not begin as early as January 1. Regardless of
time needed for implementation the contract shall end on December 31, 2007 or
later if renewal options are exercised.
2.6 Cancellation of Contract: The
University reserves the right to cancel the contract with thirty (30) days
written notice or to cancel contracts immediately if the contractor
does not conform to the terms and conditions of the contract. Cancellation
does not release the Contractor from its obligation to provide goods or
services per the terms of the contract during the notification period.
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 Furnish & Install: Equipment and
water will be provided on a Contractor furnish and install basis. The
Contractor will have complete responsibility for the equipment until it is in
place and working. All transportation and installation arrangements will be
the responsibility of the Contractor. Initial delivery must be coordinated
with a contact person for each Department. A list of names will be given to
the Contractor by the University for this purpose. 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.
2.9 Use of Elevators/Ramps:
Contractor may use elevators and/or ramps when available, however elevators
and ramps will not be available in all locations. (see
attachment 2 for a list of locations) Contractor is responsible for delivery
of products as requested to the desired locations.
2.10 Deliveries: The Contractor is
responsible for coordinating, with each department, the number of water
bottles to be delivered and the frequency of deliveries, however deliveries
will be made to campus a minimum of 2 times/week, preferably Monday & Thursday
during the academic year (September – May) and a minimum of 1 time/week during
the Summer (June-August). Delivery to all Dining Service locations must be
made each time. Adjustments to the number of bottles delivered must be
made during the Summer so departments do not run
out.
NOTE:
As an alternative to 2 times/week delivery, we are asking bidders to bid an
option for 1 time/week delivery. We may, at some later date, be able to
decrease the number of deliveries to campus to 1/week. Please indicate how
the price would change for 1/week delivery, if applicable
2.11 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.
2.12 Additions and Deletions:
Departments may be added or deleted throughout the term of the contract at no
cost to the University.
NOTE: If you are the successful
bidder and currently doing business with any University of Maine Department
not listed in attachment A, that Department will be afforded the contract
pricing, terms and conditions, including new equipment placement, effective
January 1, 2005.
2.13 Equipment (Coolers): Only new
equipment will be used during the first year of the contract, unless otherwise
approved by the Contract Administrator. Used equipment may be used during
years 2 and 3 and during renewal contract periods, if applicable. Used
equipment must be equivalent to that offered in this contract.
2.14 Bottle Racks (This
is not a requirement of the contract): In order to free up floor space,
bottle racking systems may be required for some locations, particularly
at the Dining Halls. Racking systems should be modular or come in a variety
of sizes to accommodate the various spaces. Racking systems must be sturdy,
safe, and rated to hold weight as intended for the purposes under this
contract. The University would purchase racking systems when requested.
Please provide information on racking systems that would be available for
purchase, with associated costs, if applicable.
2.15 Coordination with current
Contractor: The Successful bidder agrees to coordinate, with the current
Contractor, removal of old and installation of new equipment. This shall be
done in a manner that will keep disruption to the departments minimal and will
not cause a delay in services.
2.16 Bid Prices: The bid shall be in
the form of a firm price for each line item during the contract period. The
bid price shall include charges such as installation, shipping, insurance, and
all other costs. Charges not specified in the bid will not be honored.
NOTE:
Bottle Deposits will not be accepted as a separate charge for the purpose of
this contract.
2.17 Purchase
Orders and Invoices:
·
For Student Auxiliary Services
– one purchase order will be issued for all 10 locations. Delivery
Slips/Invoices must be submitted to each location for approval. Invoices must
include the location name (e.g. Hilltop Commons, York Commons, etc.), purchase
order number, number of bottles delivered, and invoice price.
·
Purchase orders for all other
departments will be issued separately. Delivery Slips/Invoice will be
submitted with each delivery and must include the location name, purchase
order number, number of bottles delivered, and invoice price.
·
Some departments may elect to
pay with a University issued Visa card. Please indicate if you accept payment
by Visa Credit Card.
NOTE:
The University does not pay from Monthly Statements and Statements should not
be mailed to the University.
2.18 Payments: Payment will be on a net
30 basis unless discount terms are offered.
2.19 Equipment warranty/replacement:
All equipment shall be guaranteed to work to the satisfaction of the
University. Any equipment that does not perform satisfactorily shall be
replaced by the Contractor at no cost to the University.
2.20 Cleaning & Maintenance: Cleaning
and maintenance of water cooler equipment is the responsibility of the
Contractor. Cleanings shall be performed for each cooler a minimum of every 6
months at no charge to the University.
2.21 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.
2.22 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.
2.23 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: (In Compliance with Applicable State Law)
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
107 Maine Avenue
Bangor, ME 04401
2.24 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.
2.25 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. Contractor shall not be
permitted to drive on walkways unless approved by the Project Coordinator and
appropriate safety precautions are implemented. Contractors are advised that
parking and walkway rules/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.
2.26 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, North Stevens Hall, 581-1226.
2.27 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 SPECIFICATION
3.1 Coolers: All coolers shall be new,
freestanding floor model units. Cold Only and Hot/Cold coolers
must be available. Energy Star Compliant equipment is required.
Attached is a list of Energy Star Compliant equipment as of
October 8, 2004, printed from
www.energystar.gov website (attachment 1). For more information please
visit the website.
3.2 Quality Standards for Bottled Spring
Water: Water must be bottled in accordance with standards as set forth
by U.S. Federal and State
regulations including but not limited to the following:
·
FDA’s Title 21 Code of Federal
Regulations as it pertains to Bottled Water Standards, Labeling, and Good
Manufacturing Practices.
·
State of Maine Administrative
Code 10-144, Chapter 235
·
International Bottled Water
Association (IBWA) Model Code (Membership is preferred)
3.3 Licensing, Reports, and Label:
Please submit the following items with your bid:
·
Copy of State Source Approval.
·
Copy of most recent water
analysis reports for all required testing.
·
At least 1 label for the
product which would be provided under this contract.
3.4 Bottled Water: 5-Gallon and
3-Gallon Containers are preferred. If you offer additional or alternative
sizes please indicate in your bid.
3.5 Bottle
Deposits: Bottle Deposits will not be accepted.
3.6 Quantity:
Total
Locations Serviced: 115 (2 locations have University owned coolers)
1 location is
located off campus (Franklin, Maine)
Coolers Required by Contractor (Hot/Cold Combination) ………69
Coolers Required by Contractor (Cold Only) …………………….44
Approximate Annual Volume of 5-Gallon Bottles for Dining Halls (5
locations)….2760
Approximate Annual Volume of 5-Gallon Bottles for all other Locations………….4100
Approximate Number
of 5-Gallon Bottles Annually…………… 6860
Approximate Annual Volume of 3-Gallon Bottles……………………… ……….
60
Delete
1 location is located off campus (Franklin,
Maine)
Attachment
2 Locations Serviced:
Delete UMaine Cooperative Aquaculture Research
Farm, Franklin Maine.