REQUEST FOR BIDS

AUDIO AND VIDEO TELECONFERENCING EQUIPMENT FOR UNET

1.0 GENERAL INFORMATION

1.1 The University of Maine System, acting through The University of Maine System Network (UNET), is seeking quotes for the purchase of audio and video teleconferencing equipment for Neville Hall, Orono, Maine.

For reference, The University of Maine System Network (UNET) 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 Evaluation: Award will be made to the low bidder provided that all other requirements are satisfactorily met. However, consideration will be given to delivery.

1.3 Alternates: The University will not accept substitutes for the equipment specified except under the conditions stated in this paragraph. If a manufacturer no longer makes the specified model, the University will consider a substitute model number for equipment from the same manufacturer with equivalent or better specifications.

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. The University, in its sole discretion, will determine if the product offered is the equal of that specified.

1.4 Award: It is the intent of the University to award this bid on an item by item basis. 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.

1.5 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.

1.6 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.

1.7 Submission: A signed original 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, Tuesday, April 5, 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 pm 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.

1.8 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: Hal Wells

Purchasing Department Room 101J

University of Maine

5765 Service Building

Orono, Maine 04469-5765

(207) 581-2708

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 UNET Project Manager or a 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 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.

2.6 Delivery: The Contractor will ship equipment to Neville Hall on the University of Maine, Orono, Maine 04469. For the items on schedule one, inside delivery is required!

The University desires delivery 10-15 working days after receipt of the order (ARO). Bidders are required to state delivery times on their responses. Delivery timeframe is an award criteria.

2.7 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.

2.8 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.

2.9 Payments: Payment will be upon submittal of an invoice, after acceptance, to the Computing Center, Neville Hall, University of Maine System, Orono, Maine 04469-5752, by the Contractor on a net 30 basis unless discount terms are offered. Invoice must include the purchase order number.

2.10 Material offered: All material shall be new.

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 Warranty: 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.