UNIVERSITY OF MAINE
PURCHASING DEPARTMENT
ORONO, MAINE 04469-5765
The University of Maine System, acting through the University of Maine, is soliciting bids for mattresses for three (3) campuses according to the following specifications.
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 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 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.
1.3 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.
1.4 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.
1.5 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.
1.6 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
1.7 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.
1.9 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, March 28, 2005, 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.
1.10 Samples: Bidders may be asked for shall provide a sample mattress 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. Samples must be received by the University within three (3) weeks after request unless additional time is allowed by the University.
1.11 Costs of Preparation: Bidder assumes all costs of preparation of the bid and any presentations necessary to the bidding process.
1.12 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.
2.0 CONTRACT TERMS
2.1 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.
2.2 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.
2.3 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.
2.4 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 one (1) year commencing upon award of this contract. With mutual written agreement of the parties this contract may be extended for two (2) additional one-year periods.
2.6 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.
2.7 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.
2.8 Delivery Notification: Deliveries date must be as specified in section 3.2 for each location. The University shall be notified 72 hours prior to delivery so that personnel may be available to allow access to the building and verify items received. Tailgate delivery is acceptable. Notification shall be made to:
Orono delivery: Larry Violette 207-581-4577
Farmington delivery: Robert Lawrence 207-778-7009
Machias delivery: Kim London 207-255-1412
2.9 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.
Orders will be placed upon award of this contract for each location. Smaller orders may be required at other times throughout the term of this contract, generally once/year in the Spring.
2.10 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.
NOTE: Separate purchase orders will be issued for each location (Orono, Farmington & Machias). Contractor is required to invoice each location separately.
2.11 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.
2.12 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.
2.13 Inspection: The University reserves the right to open and inspect 1% of all mattresses delivered in any lot and to reject the entire shipment if the inspected items do not meet the specifications in any way. In the event the order is rejected, mattresses will be returned to the Contractor and all costs associated with the return will be at the Contractor’s expense.
2.14 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.
2.15 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.
2.16 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.
2.17 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.
2.18 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)
(To Include Products & Completed Operations)
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
(As required by 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
3.0 SPECIFICATIONS:
3.1 Innerspring Mattress: To be manufactured will all new materials and in accordance with the best practice of the bedding industry, clean and free from defects.
Bidders must provide certification, from an independent laboratory, that the mattresses being offered meet the following Flammability Standard:
California Technical Bulletin #129
A. Innerspring Unit: Spring unit shall be based on a 312 coil unit, hour glass shaped, 13-gauge wire, Bonnel type, 3-1/2 convolutions, minimum.
Length of Mattress Number of Coils
75” 192
80” 208
84” 216
B. Insulation: A full length flexolator (steel & rope) shall be added to each side of the innerspring. A full length polyester fiber pad shall be attached to the unit on each side by hog rings.
C. Border Wire: Entire circumference, top and bottom, to be bound with a border wire of 6 gauge steel with no more than two butt-welded end seams. This wire to be firmly and tightly wound to all outer coils with a 17 gauge helical wire. All coils and helicals to be heat tempered.
D. Edge Support: Mattresses to be reinforced with no less than 10 double-sided metal edge supports, 3 each side and 2 each end.
E. Filling: A 1” Calf. 117 polyurethane foam, 1.5 high density (minimum) shall be wrapped around the innerspring unit. A flame-retardant shield sack, Endogard or acceptable alternative, shall be placed around innerspring unit so that it is fully encapsulated.
F. Border: 210 Denier blue nylon (Chemsafe XP Plus or acceptable alternative).
G. Ticking: 210 Denier blue nylon (Chemsafe XP Plus or acceptable alternative) in accordance with Federal Flammability Standards. The top and bottom sections shall be one full length of fabric, without seams.
H. Thread: Nylon or polyester.
I. Construction: Mattresses to be made with full flange construction on both sides.
J. Labeling: Each mattress shall have a label attached marked clearly in accordance with the laws of the State in which it is manufactured. The label must also include the following information:
Statement that “all new materials” were used in the manufacture of the mattress;
Name of manufacturer;
Month and year of manufacture;
Statement that mattress passes Cal 129 Flammability Standard (Preferred)
K. Packaging: Each mattress shall be individually wrapped in a heavy-duty clear plastic bag that allows for quick identification of the product, yet provides clean/dust free delivery and handling.
L Warranty: All materials and equipment shall be fully guaranteed against defects for a period of ten 10 years, (2 years unconditional), following date of delivery or acceptance.
3.2 Sizes/Quantity:
Orono: Order placed upon award of contract for delivery between August 10th and August 15th, 2005. Delivery Monday – Friday between 8:00 - 10:00 a.m.
Quantity: 450 Size: 36” wide x 80” long x 7” deep
Farmington: Order placed upon award of contract for delivery between July 1st and August 15, 2005.
Quantity: 150 Size: 36” wide x 75” long x 7” deep
Quantity: 10 Size: 36” wide x 80” long x 7” deep
Machias: Order placed upon award of contract for delivery between July 1st and August 15, 2005.
Quantity: 50 Size: 36” wide x 80 long x 7” deep
4.0 BID SUBMITTAL
4.1 Pricing:
Size Unit Price Qty Total Price Unit Weight
36 x 75 x 7 $ 150 $
36 x 80, x 7 $ 510 $
36 x 84 x 7 $ 0 $
4.2 Cal. TB129 Certification: Certification must be provided with bid as per section 3.1, page 5.
4.3 Product Information: Provide detailed information as per section 1.5, page 1.
4.4 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: ( ) _____________
Company Name:____________________________________________________
Address:_________________________________________________________
City:__________________ State:______ Zip Code:________________
Contact Person:__________________________________________________
Phone Number: ( ) _____________ Fax Number: ( ) _____________
Company Name:____________________________________________________
Address:_________________________________________________________
City:__________________ State:______ Zip Code:________________
Contact Person:__________________________________________________
Phone Number: ( ) _____________ Fax Number: ( ) _____________