Neshaminy School District s3

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Neshaminy School District s3

NESHAMINY SCHOOL DISTRICT PURCHASING DEPARTMENT 2001 OLD LINCOLN HIGHWAY LANGHORNE, PENNSYLVANIA 19047

BID CONDITIONS AND SPECIFICATIONS ATHLETIC & PE SUPPLIES FOR SY 2012/2013

BID PROPOSAL NO: 13-02

SUBMISSION DATE AND TIME: Friday January 13th ,2012 at 10:00am.

DESTINATION FOR DELIVERY OF BIDS: ONLINE VIA ESCHOOLMALL EASYBID APPLICATION,WHICH CAN BE FOUND AT WWW.ESCHOOLMALL.COM

NO PRICING RESPONSES WILL BE ACCEPTED EXCEPT ONLINE IN THE ESCHOOLMALL SYSTEM

Any questions pertaining to the bid specifications may be directed to Mr. Thomas Sizgorich, Director of Purchasing at (215) 809-6280 , or [email protected] .

SPECIAL NOTE:

A. Vendors must preregister with eschoolmall as a supplier ( see www.eschoolmall.com to register) . You will be charged a $95 annual registration fee. The $95 Fee is the only eschoolmall cost to bidders and awardees under this bid . There are no other cost charged by eschoolmall for awards from Neshaminy School District awards resulting from this bid. Contact Tom Sizgorich(215-809-6280) if you are charged any other fees. NESHAMINY SCHOOL DISTRICT 2001 OLD LINCOLN HIGHWAY LANGHORNE, PENNSYLVANIA

INSTRUCTIONS AND TERMS AND CONDITIONS FOR BIDDING

1. Bids/Proposals will be opened electronically using eschoolmall’s easybid application in the Purchasing Department at 2001 OLD LINCOLN HIGHWAY , Langhorne, Pennsylvania on the date and time specified in the bid. Bids shall be provided to vendors through eschoolmall’s easyBid application. All information will be added and submitted by vendors directly through easyBid application. Alternative proposal methods will not be considered. No oral or telegraphic modifications will be considered. Any addenda issued during the time of the bidding shall be published as an addendum electronically and shall be made a part of the contract.

2. It is mutually understood and agreed by and between the School District and the Bidder that the School District may make its award for one or more of the articles set forth in these specifications, or may make its award for all of the articles set forth in these specifications. The School District has the right to accept or reject all or any portion of any or all bids submitted, and to make the award in the best interest of the School District.

3. The Bidder agrees, if awarded any portion of the contract, to furnish and deliver the said articles at such times, at such places, at such prices and in such quantities as herein specified, and that all of the articles shall be subject to the inspection and approval of the School District. In the event that any of the said articles shall be rejected as unsuitable or not in conformance with these specifications, such articles shall at once be removed and returned to the Bidder and other articles of proper quality as set forth in these specifications shall be furnished in place thereof. The School District will incur no costs in excess of the amount awarded to replace unwanted or unsuitable merchandise.

4. In the event that the successful Bidder shall neglect or refuse to furnish and deliver the said articles or any part thereof as provided in the specifications or to replace any which are rejected as stated in these instructions, then the School District is authorized and empowered to purchase articles in conformity with this contract from such party or parties in such quantities and in such manner as it shall select at the expense of the successful Bidder, or to cancel this contract reserving unto itself, nevertheless, all of the rights for damages which may be incurred by the School District.

5. Where the invitation for bids describes or specifies a particular article, alternate bids covering articles equal in all respects are permitted, unless otherwise stated. Where an invitation specifies an article by name and the Bidder intends to furnish another article which the Bidder considers equal thereto, in every instance the name and grade of the equivalent must be clearly stated in the bid. The naming of any manufacturer by the School District is for the purpose of clarification and identification and does not signify a preclusion of other manufacturers’ products, but it is agreed that all articles shall be equal to those specified and shall, regardless of any trade or manufacturer's name, meet the specifications. Vendor must identify name of manufacturer and manufacturer’s number on bid. Failure to do so will be interpreted as indication of non-conformance with the School District’s specifications. If the item is being bid as specified , Bidder will select the “Quoted as specified checkbox” for each line item. If the Bidder is responding with an alternate item, then the bidder shall indicate alternate item within the item response notes and NOT select the “Quoted as specified “ checkbox.

If requested by the School District, Bidders shall furnish samples of such substitutes no later than the time specified by the District and at the expense of the Bidder.

6. Unless otherwise specified, samples are to be in the possession of the District prior to the date of the bid opening in order to assure consideration. These samples shall be plainly marked with the bid #, line #,item# and the name of the product as well as that of the Bidder. After awards are made by the District, all samples will be returned to the unsuccessful Bidders at the expense of those Bidders should they choose to have their samples returned. In the case of successful Bidders, samples will be retained until final delivery of these items is completed.

7. Bidder shall be responsible for notifying the School District of any price advantage to the District if the order quantity of any item(s) were to be increased to the next higher price break point for that item. Should such break point exist, such notice must be given at the time of bid submission.

2 8. Vendor agrees to deliver as stated above such items of this bid as may be accepted by the School District, immediately upon receipt of Purchase Order or within thirty (30) days thereafter, or indicate exception. Items not delivered within the specified time are subject to cancellation by, and at no cost to, the District.

9. It is understood that the Neshaminy School District is exempt from the payment of excise taxes. Should vendor desire to be exempt from such tax, vendor agrees to present to the District properly prepared Exemption Certificates for execution. Such certificates will be presented only for items furnished under this proposal, will list items and quantities delivered, and will state the names and addresses of manufacturers and suppliers of said items.

10. It is agreed that only those proposals received by the School District prior to the date and time stated in each proposal shall be considered by the District. The School District reserves the right to waive any irregularities in the best interest of the School District.

11. Vendor agrees to hold harmless the Neshaminy School District, herein named, their officers, employees or agents from any liability or performance of this contract which also includes claims for Worker's Compensation.

12. Vendor further agrees to comply with the laws, rules and regulations as may be applicable to the supplying of, delivery of, installation of, and other acts necessary in the fulfillment of this proposal.

13. Vendor agrees that the School District will make payment in full for any articles listed in, and subject to, this proposal, ordered in writing by the School District and so delivered and installed (if required), and to the satisfaction of the District for articles so delivered and accepted. Freight and Handling and all other transportation and insurance charges are to be included in the Bidder’s Unit Prices . The School District will not honor requests for payment for said charges added to the contracted price(s ) except orders released after Sept 1 st that are less than $50 value. Three mailed copies of Vendor’s invoice are required by the District for payment.

14. Vendor agrees that any articles delivered, accepted by, and paid for by the School District shall nevertheless be guaranteed for a period of at least one (1) year from the date of delivery. Bidder agrees to replace any article developing defects within such period. Material with Product expirations codes must have a shelf life that exceeds 18 months beyond the bid due date.

15. Bidder shall enclose with bid submission catalog cuts and descriptive data in order to permit thorough checking by School District personnel for each item and to determine specification compliance. Samples shall be supplied as requested or as indicated herein.

16. Bidder hereby agrees to fulfill all requirements with respect to the installation of items quoted on an installed basis and accepts responsibility for having visited the installation site and becoming familiar with all conditions which may affect such installation. Bidder further agrees to supply all materials, tools, equipment, transportation, labor, supervision and insurance which are required to complete the installation in a manner approved by the District.

17. All bidders must enter information as to probable time of delivery for items upon which bids are submitted. Orders placed as a result of bids will imply a contractual obligation of the Vendor to supply the items within the time specified by the bidder on the bid.

18. In the event that the Bidder's quotations are valid for less than 90 days - the extent of time allowed for acceptance of the bid by the School District will be clearly indicated on the bid.

19. The School District reserves the right to increase or decrease the quantity awarded for each item from that originally requested without affecting the unit price.

20. All cartons are to be clearly marked indicating the Purchase Order Number as it appears on the Purchase Order.

21. Bids shall show both unit and total prices. Should figures be in disagreement, the unit price shall govern. Prices are to be expressed in two (2) decimal places only. Any prices displaying more than two (2) decimal digits will not be recognized or rounded up by the Neshaminy School District.

22. Reservations - Any bidder who has demonstrated poor performance during either a current or previous agreement with the School District may be considered as an unqualified source and their proposal may be rejected. The School District reserves the right to exercise this option as is deemed proper and/or necessary.

3 23. Piggyback Clause: Included in the Proposal/Bid is a piggyback option. All proposers are to respond to this by indicating their acceptance or rejection on page 2 and 3 of the Proposal/Bid Response Sheets in the space provided. There is a Piggyback option included in this bid which if accepted by the supplier could allow other school districts both regionally and nationally to piggyback onto this bid.

24. The response to this Request for Proposal/Bid shall include : a.. Submitted online bids in the eschoolmall system for those items of the core list for which you are submitting a bid . b. SCANNED COPIES of the following documents electronically attached within the eschoolmall online bids : 1.Completed Proposal Response sheets(5 pages), including signature of Contractor’s authorized representative and ; 2. Completed “Qualification Survey” form with a list of three references. The contractor must be able to display experience providing similar product and services to other customers comparable to the product and services required by Neshaminy School District. A list of three references for similar products & service must be provided with bid. 3. Completed Non-Collusion Affidavit. 4. Bid check/bond in 10 % of bid total dollar amount payable to Neshaminy School District . c. Mailed originals of Proposal Response sheets, Qualification Survey, Notarized Non Collusion Affidavit and Bid Check/bond. All Mailed UNDER SEPARATE COVER TO Neshaminy School District 2001 Old Lincoln Highway , Langhorne, PA 19047 Attn Purchasing Dept. Ref: Bid 13-02.

ATHLETIC & PE SUPPLIES- SPECIAL INSTRUCTIONS

1) Quantities listed (in our core list- the items listed in the Eschoolmall online bid ) represent our best estimate of Neshaminy’s minimum requirements for the contract period. Neshaminy School District does not guarantee the quantity in the core list . Any additional actual usage will depend on the needs of the District and those of any other agency utilizing the Piggyback option if accepted by Vendor. We operate a 8500 student school district with 13 active school buildings and a staff of over 1400 employees. All deliveries will be made to our central receiving location at 2001 Old Lincoln Hwy, Langhorne , PA 19047. Neshaminy SD is part of the Bucks County Intermediate Unit Purchasing Consortium whose member Districts, Technical Institutes and other members include over 90,000 students . 2) The contract period will begin on the date of the Award Notification in Eschoolmall system (or July 1st, 2012 ( whichever is earlier ) and expire at the end of the business day on June 30th , 2013. The prices offered are to remain firm for the duration of the contract period. The School District reserves the option to extend the contracts for up to 3 additional twelve ( 12 ) month periods with the mutual agreement of the parties. The terms and conditions of any extension shall be mutually agreed to. 3) Deliveries will be requested as needed by the Neshaminy School District throughout the contract period; however , most of the items on the core list will be delivered upon Purchase order release for delivery July 1st, 2012 ,however deliveries may be made during earlier months but invoices will be paid in July. All prices include freight and handling charges except Orders valued under $50 which are released after September 1st- those will be shipped FOB Shipping point , third party billed. 4) A 10 % Bid check/ bond is required with your response. It is agreed the surety will be forfeited to and retained by the District as liquidated damages if this proposal or any part thereof is accepted by the District and seller shall fail to carry out all of the provisions of this proposal. Surety will be returned at end of contract period for all awardees and after award notifications for all others.

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PROPOSAL/ BID RESPONSE FOR BID13-02 ( PAGE 1 OF 5 )

NESHAMINY SCHOOL DISTRICT 2001 OLD LINCOLN HIGHWAY LANGHORNE, PENNSYLVANIA

(A completed response sheet shall be an electronic attachment included as part of the Supplier’s online response in the eschoolmall system.)

Gentlemen: We, the undersigned, herewith propose and agree to furnish to the Neshaminy School District any one or all of the items that we have priced at the prices set opposite each item on the attached bid response sheets and in the online eschoolmall easy line bidding software system used to respond to this solicitation. This proposal is subject to all the terms of these specifications as printed on the attached pages and we hereby agree to enter into a written contract to furnish such item or items as may be awarded to us, and to furnish such security as these specifications require.

The undersigned bidder certifies to having read these specifications and offers to furnish the articles specified to the Neshaminy School District in exact accordance with the specifications and at the prices stated.

SIGNATURE ______

TITLE ______

COMPANY NAME______

ADDRESS ______

______

TELEPHONE ______

FAX ______

E-MAIL ______

DATE ______

BIDDER PROPOSAL # (if any) ______

TERMS OF PAYMENT ______

BID SECURITY (10%) OF TOTAL BID______

As guarantee of such delivery and placement as required we/I have attached hereto a certified check, bank cashier's check, trust company treasurer's check or Bid Bond from a surety company legally authorized to do business in the Commonwealth of Pennsylvania and acceptable to the District (Bid Bond acceptance will be determined by an A.M. Best Co. rating of B+ or higher), in an amount of no less than Ten (10%) Percent of the total herein stated bid made payable to the Neshaminy School District. It is agreed the surety will be forfeited to and retained by the District as liquidated damages if this proposal or any part thereof is accepted by the District and we/I shall fail to carry out all of the provisions of this proposal.

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Proposal /Bid Response for Bid 13-02 ( PAGE 2 of 5 )

Proposer Name _: ______OPTIONAL OFFERING OF DISCOUNT FROM MANUFACTURER PUBLISHED LIST PRICE OR CATALOG PRICE BID OR COST PLUS For items not specifically included in the Core List (the line items in the eschoolmall online bid ) , you are invited to submit a proposal for current use and use during subsequent yearly extensions ( if exercised) and/or for use by Piggybacking local procurement units.

We hereby offer All other ITEMS FROM the below specified Manufacturers ( FOB Destination) at X% off published list or Y% off catalog pricing or Cost Plus Z% (Note : only one method per mfr. may be selected ) :

Manufacturer Name X % off Published Y % off Catalog Cost ** (Please indicate one List Price* Pricing * Plus Z % manufacturer(s) per line )

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 All other Xxxxxxxxxxxxxxx Xxxxxxxxxxxxxx manufacturer’s xxxxxxxxxxxxxxx xxxxxxxxxxxxxx

21 Shop Labor Rate ( if XXXXXXXXXXXXX XXXXXXXXXX ever needed ). To include all G & A $ per XXXXXXXXXXXXX XXXXXXXXXX and profit. mhr

*Lists or catalogs referenced are to be submitted as electronic attachments as part of online bid response in eschoolmall system. ** Cost shall be as invoiced by manufacturer ( subject to audit by Buyer) less any rebates ( no G &A expenses included ) . 1. Are you an Authorized dealer /distributor for the above MFRs?:Circle one …Yes / NO Note : A letter of authorization from the Manufacturer may be requested at a later time . Piggyback Clause- please check one Accepted ( _____) Not accepted (______)

2. Are you willing to negotiate lower pricing after award for additional volumes ……Yes / No 6 Proposal /Bid Response for Bid 13-02 ( PAGE 3 of 5)

Proposer Name _: ______

PIGGYBACKING CLAUSE AUTHORIZATION FOR OTHER PUBLIC SCHOOL AGENCIES TO PURCHASE DIRECTLY FROM VENDOR ACCORDING TO THE TERMS OF THIS CONTRACT

Pursuant to Section 1902 of ACT 57 of May 15, 1998, as amended, (TITLE 62 Pa, C.S. 1902), know as the “Commonwealth Procurement Code” school districts (and other local public procurement units) are permitted to purchase supplies, materials, equipment, and other personal property under the terms of a contract entered into by another awarding or sponsoring school district. This process is commonly known as “piggybacking”. The Neshaminy School District, which is the awarding / sponsoring district under this contract, is willing to make this option available to other school districts for the items that are the subject of this contract, provided the vendor indicates its agreement at the time it submits its offer to the Neshaminy School District.

THIS FORM MUST BE RETURNED AS PART OF THE RFP PACKAGE, WHETHER OR NOT THE VENDOR AGREES TO PARTICIPATE IN THE PIGGYBACKING PROVISIONS. If the vendor indicates its agreement to the piggybacking arrangement, the following conditions will apply:

1. Vendor will have the option to sell supplies, materials, equipment, and other personal property (if that is the subject of its bid) directly to any of the other school districts in the USA that submit order requests (in the form of purchase orders or such other documentation as the vendor may require) directly to the vendor. 2. By this agreement, vendor is not required to accept all or any such order requests and may impose reasonable limits on the quantities it is willing to provide to other districts. 3. If vendor agrees to sell items to other districts on a piggybacking arrangement, vendor agrees that all terms and conditions of its agreement with the Neshaminy School District including, but not limited to, specifications, price, and quality will apply to items sold to other districts, and such terms including all guarantees and warranties will extend directly to the additional purchasing district. Vendor acknowledges that the Neshaminy School District will not be a party to any such sales agreements and will not serve as an intermediary or assume any responsibility with respect to such transactions. 4. Payment for items sold to other districts will be the responsibility of such districts and will be made directly to vendor. To this end, the Neshaminy School district, the vendor, and other districts waive any obligation of those other districts under the application status to make payments directly to the Neshaminy School District. 5. The decision of the vendor to make its product available to other districts under this piggybacking arrangement shall not alter or affect its obligation of full performance to the Neshaminy School District. 6. Although the Neshaminy School District intends, by this provision, to make the piggybacking process available to other districts, subject to the vendor’s approval, the Neshaminy School District makes no representation as to the ability of other districts to purchase directly from the vendor without separate compliance with the competitive bidding statutes and vendor and all other districts participating in the process assume the responsibility to determine whether such compliance is excused by this provision and Public School Code. 7. If any other “local procurement unit” piggybacks this agreement, the vendor shall rebate ( a service fee) to awarding/ sponsoring district (Neshaminy SD) or designated assignee an amount equal to 2% of all revenues received under any such piggyback orders. This 2% shall be absorbed by the vendor in their G&A/Profit so that the cost to the other district shall be no more than it is for the awarding/sponsoring district . This rebate is in consideration and recognition of the fact that the vendor did not need to respond to separate RFPs, quotes or bids; nor invest as much time in securing the additional award from piggyback user districts and the time and effort expended by the sponsoring district to enable the piggybacking process to occur. This rebate ( service fee) shall be paid quarterly after the receipt of piggyback purchase order revenues. It shall be due and payable the first day of March, June, September and December for the life of the contract for all revenues received during the prior 120 days but not including the 30 days immediately prior to these dates.

Vendor agrees to accept the piggybacking option: ______(Please Initial)

Vendor does not agree to accept the piggybacking option: ______(Please Initial)

7 ( See next 2 pages for States and Counties in which Piggyback offer may apply )

Proposal /Bid Response for Bid 13-02 ( PAGE 4 of 5)

States in which Piggyback offer may apply : Circle all that are included : This is a list of the United States and its Territories in alphabetical order:  Alabama  Nevada

 Alaska  New Hampshire

 American Samoa  New Jersey

 Arizona  New Mexico

 Arkansas  New York

 California  North Carolina

 Colorado  North Dakota

 Connecticut  Northern Marianas Islands  Delaware  Ohio  District of Columbia  Oklahoma  Florida  Oregon  Georgia  Pennsylvania  Guam  Puerto Rico  Hawaii  Rhode Island  Idaho  South Carolina  Illinois  South Dakota  Indiana  Tennessee  Iowa  Texas  Kansas  Utah  Kentucky  Vermont  Louisiana  Virginia  Maine  Virgin Islands  Maryland  Washington  Massachusetts  West Virginia  Michigan  Wisconsin  Minnesota  Wyoming  Mississippi  US States All 48  Missouri Contiguous

 Montana

 Nebraska

8 Proposal /Bid Response for Bid 13-02 ( PAGE 5 of 5)

Pennsylvania Counties where Piggyback offer may apply : Circle those included

 Adams  Clinton  Lackawanna  Pike

 Allegheny  Columbia  Lancaster  Potter

 Armstrong  Crawford  Lawrence  Schuylkill

 Beaver  Cumberland  Lebanon  Snyder

 Bedford  Dauphin  Lehigh  Somerset

 Berks  Delaware  Luzerne  Sullivan

 Blair  Elk  Lycoming  Susquehanna

 Bradford  Erie  McKean  Tioga

 Bucks  Fayette  Mercer  Union

 Butler  Forest  Mifflin  Venango

 Cambria  Franklin  Monroe  Warren

 Cameron  Fulton  Montgomery  Washington

 Carbon  Greene  Montour  Wayne

 Centre  Huntingdon  Northampton  Westmoreland

 Chester  Indiana  Northumberland  Wyoming

 Clarion  Jefferson  Perry  York

 Clearfield  Juniata  Philadelphia  ALL QUALIFICATION SURVEY Proposal /Bid Response -Bid 13-02

for Proposer Name_: ______

If you are providing a proposal and wish to become a qualified supplier of Athletic & PE Supplies , please respond to the below list of information and include a completed survey as a scanned electronic attachment to your bid response in the eschoolmall bidding system:

1. Name of Company:______

Main Office location ( City /State):______Numbers of Other Stocking locations: ______(Attach list of stocking locations( City /State): check if attached: ( )

2. Estimated Annual Sales/revenues (in dollars):______

US Market Size of your industry In dollars : ______Your estimated % Share of the US Market : ______Your top three Competitors: ______

3. Local Representative: Name: Address – Line 1: Address – Line 2: Email: Phone: Fax:

4. List top 10 Manufacturers for which you are an authorized distributor: i. ______ii. ______iii. ______iv. ______v. ______vi. ______vii. ______viii. ______ix. ______x. ______Submit any Additional mfr. on an attached list : check if attached : ( ).

5. Would you be willing to participate in a Reverse Auction for your products and services if you become a qualified supplier?

6. Do have an online ordering website for your products ? What is the URL ? Can it’s use be customized for specific customer pricing agreement ? Has the site been used in eschoolmall system as a dynamic link for ordering?

10 7. Please provide references which we may contact of current or past school district customers :

School Districts(at least three): Reference 1:  School District  Location  Contact name  Phone number

Reference 2:  School District  Location  Contact name  Phone number

Reference 3:  School District  Location  Contact name  Phone number

11 NOTE – THE ORIGINAL OF THIS AFFIDAVIT IS TO BE MAILED TO: Neshaminy School District 2001 Old Lincoln Highway , Langhorne, PA 19047 Attn Purchasing Dept. ref: Bid 13-02. A SCANNED COPY of the document to be electronically attached within the eschoolmall online bids

Proposal /Bid Response for Bid 13-02 NON-COLLUSION AFFIDAVIT

______Bidder Name

State of ______Contract/Bid No ______: s.s. County of ______:

I state that I am ______of______(Title) (Name of my firm) and that I am authorized to make this affidavit on behalf of my firm, and its owners, directors, and officers. I am the person responsible in my firm for the price(s) and the amount of this bid.

I state that: (1) The price(s) and amount of this bid have been arrived at independently and without consultation, communication or agreement with any other contractor, bidder or potential bidder.

(2) Neither the price(s) nor the amount of this bid, and neither the approximate price(s) nor the approximate amount of this bid, have been disclosed to any other firm or person who is a bidder or potential bidder, and they will not be disclosed before the bid opening.

(3) No attempt has been made or will be made to induce any firm or person to refrain from bidding on this contract, or to submit a bid higher than this bid, or to submit an intentionally high or noncompetitive bid or other form of complementary bid.

(4) The bid of my firm is made in good faith and not pursuant to any agreement or discussion with, or inducement from, any firm or person to submit a complementary or other noncompetitive bid.

(5) ______, its affiliates, subsidiaries, officers, directors and employees are (Name of my firm) not currently under investigation by any governmental agency and have not in the last four years been convicted or found liable for any act prohibited by State or Federal law in any jurisdiction, involving conspiracy or collusion with respect to bidding on any public contract, except as follows:______(Indicate “none” if applicable.)

I state that ______understands and acknowledges (Name of my firm) that the above representations are material and important, and will be relied on by the Neshaminy School District Board of Directors when awarding the items for which this bid is submitted. I understand and my firm understands that any misstatement in this affidavit is and shall be treated as fraudulent concealment from the Neshaminy School District Board of Directors, of the true facts relating to the submission of bids for this contract. ______(Print Name of Authorized Person and Company Position) ______Signature of Authorized Person Sworn to and subscribed before me this ______day of ______, 20______My commission Expires______Notary Public

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