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HomeMy WebLinkAboutRFP attachment AAttachment A ALLEGHENY COUNTY DEPARTMENT OF ADMINISTRATIVE SERVICES DIVISION OF PURCHASING AND SUPPLIES ROOM 206 COURTHOUSE 1) SIGNATURES — a) If you are trading as an individual, you must insert your full name, business address and residence address in the body of the bid and you must sign on the line indicated for individual principal. b) If you are trading as a partnership, individual names of all the partners must appear in the body of the bid and all members of the partnership must execute the bid on the lines indicated for partnership principals. If needed, additional lines may be added on the signature page. Be sure to include your full business address. c) If you are trading as a corporation, the name of the corporation, its principal office and state of incorporation must appear in the body of the bid and the bid must be signed by the president (or vice-president) and attested by the official secretary (or assistant secretary) and the corporate seal must be affixed on the lines indicated for corporate principal. If the contract is executed or attested by any other than the officers set forth, the bid must be accompanied by a power of attorney carrying certification of current date. The Power of Attorney may have either a live or facsimile signature. If the corporation has no corporate seal or it is unavailable, a handwritten or adhesive seal shall appear following the corporate name with a statement that no corporate seal exists or that it is unavailable. d) A corporation must also complete a certificate of corporate principal for the persons executing the bid which must be signed by the secretary, and the corporate seal affixed. Instead of such certification, you may attach corporate records indicating authority of the person signing, which must be certified by the secretary or assistant secretary with corporate seal affixed, to be true copies. 2) NUMBER OF BIDS —Bidder shall submit one (1) original and one (1) photocopy of the bid (they shall be in the same envelope). Any price discrepancy shall result in Allegheny County accepting the lowest (or most advantageous) price. 3) BID SUBMISSIONS - This proposal shall be completed, signed and submitted to the Office of the Controller of Allegheny County. Copies needed for the bidder's records are the responsibility of the bidder. Each bid must be in a separate sealed envelope with both the bid number and opening date plainly visible on the envelope. Bids must be received at the place, time and date specified. Bidders are responsible to assure each bid is properly marked and timely delivered. The County assumes no financial obligations for preparation and submittal of bids. Bidder shall be solely responsible for understanding the specifications and requirements. 4) VIEWIN1 OF BIDS - Bids shall be subject to viewing by bidders and the general public by appointment at the Office of the Controller and, after tabulation, at the Division of Purchasing and Supplies. 5) ERRORS AND BULLETINS (AMENDMENTS)- If any alleged errors are noted in the bid specifications, bidder should immediately notify the County and, if confirmed, a bulletin shall be sent to all bidders. A copy of all bulletins issued shall be submitted with the bid documents to the County. 6) CLARIFICATION —The County reserves the right to request clarification of any bid before bid award. 7) BID PRICES HELD - Contracts shall be awarded within ninety (90) days of the bid opening unless an extension is agreed to, in writing, between the bidder and the County. 8) ASSIGNMENT - Bidder shall have no right or power to assign or delegate any rights or duties pursuant to this Agreement without the prior written permission of the Chief Purchasing Officer. Any assignment or delegation so permitted shall be subject to all the terms, conditions and other provisions of this Agreement, and bidder shall remain liable to the County with respect to each and every term, condition and other provision hereof to the same extent that bidder would have been obligated if no assignment or delegation had been made. 9) OUALIFIED BIDDERS - All bidders must be merchants dealing in the goods and services on which they bid, and must be qualified to advise as to their application and use. Bidders warrant, and must be able, upon request, to demonstrate, that they possess the knowledge, experience, skill, capital, stock, charters, licenses, permits, patents and personnel necessary to satisfactorily perform the contract for which they submit bids. 10) ,SAMPLES - By submitting a bid, the bidder agrees to deliver to the County, at the County's request and at no cost to the County, samples of any goods or workmanship bid upon. Said samples will not be returned to the bidder. Inspection or testing by the County does not constitute a waiver of any claims or rights which the County otherwise would have with respect to the quality of goods or workmanship. 11) UNIOUE BADS -No bidder may submit more than one bid for the same item, nor may he submit multiple bids by or through the agency of any partner, employee or other person. 12) PRE-PRINTED TERMS AND CONDITIONS — Bidder's pre-printed Terms and Conditions or restrictions commonly appearing on the reverse side of letters submitted with the bid and/or bidder's specifications material and contract documents will be disregarded. 13) NEW MATERIAL- Unless otherwise provided in the Specifications, all goods to be supplied to the County shall be from new, unused, current stock. 14) ESTIMATED OUANTITIES - Unless otherwise provided in the Specifications, any references in the Specifications to quantities of goods or frequency of services to be provided to the County are estimates, and the County reserves the right to require the successful bidder to provide more or less than the estimated quantity or frequency, or to purchase none at all. 15) DELIVERY POINT - Unless otherwise provided in the Specifications, the goods and services to be delivered or provided shall be delivered to or provided at any place or places within Allegheny County, Pennsylvania which the County may designate. All deliveries are to be F.O.B. point of delivery. 16) DELIVERY TIME - Unless otherwise provided in the Specifications, the successful bidder shall provide all goods and services within thirty (30) days from the date of the County's request therefore. 17) FIRM,)F')XED PRICING - Unless otherwise provided in the Specifications, all prices shall remain :fixed throughout the term of the contract, and bids containing escalation, discount, or other price adjustment provisions will be rejected if such provisions are not consistent with a common standard against which all bids may be judged. In arriving at the bid price, the bidder shall take into consideration all discounts for cash and all other credits and allowances. Any discount or other uncalled for allowance quoted will not be considered in making the award and may be the cause for the rejection ofthe bid. 18) PRICE EXTENSION DISCREPANCIES - In case of discrepancy between the prices listed by the bidder for separate items or single units, and the total price, the item or unit prices shall prevail. 19) TAX EXEMPT- The County is exempt from Federal excise taxes, transportation taxes and state sales taxes. Therefore, bidder should not include any such taxes in its calculations or in the prices bid. 20) CONFORMANCE TO SPECIFICATIONS - Bidder agrees and warrants that whenever the bidder, in its Bid, describes goods by trade name, catalog number, or "as per sample", the goods so described conform to the Specifications. The unauthorized use of any patented articles is done entirely at the risk of the successful bidder. 21) AWARD CRITERIA AND BASIS FOR REJECTIQN - Unless otherwise provided in the specifications, the County may award on an item by item basis, on a lump sum basis or on a combination of items basis, whichever is in the best interest of the County. The successful bidder shall be the lowest responsible, responsive bidder meeting specifications, with full consideration of cost, quality and performance. Such considerations may include, but not be limited to: superior product quality or functionality; demonstrated experience and whether the bidder can perform the contract or provide the service promptly or within the time specified without delay or interference; the quality of performance of previous contracts or services; the previous and existing compliance by the bidder with laws and ordinances relating to the contract or service; special skills; staff training and financial strength. The Chief Purchasing Officer reserves the right to award on a "multiple -criteria" or "best - value" basis. a) The County reserves the right to reject the bid of any bidder who has previously failed to satisfactorily perform any obligations to the County or is otherwise deemed not to be a responsible bidder. b) The County reserves the right to reject all bids, if it determines that such rejection is in the best interest of the County. 22) PIGGYBACKING - It is understood that the goods and services described in the specifications may be purchased by the County and any other municipal bodies as set forth in the specifications and bidder agrees to supply the goods and services to the municipal bodies on the same terms and conditions as if they were to be supplied to the County. To the extent that the municipal bodies purchase goods or services, then the municipal bodies, and not the County, shall be liable to the bidder. 23) SOLICITATION ONLY — This Invitation for Bid is a solicitation only and is not intended to be nor should it be construed to be an offer to enter into any contract or other agreement. 24) WORKMEN'S COMPENSATION ACT - Bidder agrees, in any contract involving construction or doing any work involving construction or doing of any work involving the employment of labor, to accept the provisions of the Workmen's Compensation Act and any reenactments, supplements or amendments thereto and shall insure his liability thereunder or file with County a certificate of exemption of insurance from the Department of Labor and Industry of the Commonwealth. 25) FATAL BID ERRORS — The following errors shall be deemed fatal and render the bid void: a) Failure to sign the bid, or bond or both, b) If the signatures are those of unauthorized persons, or c) If there is no stated pricing. All other errors are waivable at the sole discretion of the County if such errors would not invalidate a fair and just competitive bidding procedure free of favoritism and fraud and a common standard for all bidders. 26) BID AND PERFORMANCE BONDS - Whenever a bid bond or performance bond is required, the bidder may meet the requirement by submitting an acceptable cashier's check, certified check, banker's check or an irrevocable letter of credit in the amount required. 27) MBE AND WBE CONSIDERATIONS - In accordance with Section 911.03 C. of the Allegheny County Administrative Code, the County wishes to contract with and asks that, unless otherwise prohibited in the specifications, its bidders consider contracting with Minority Business Enterprises (MBE) and Women Business Enterprises (WBE). Bidders may take necessary steps to ensure that MBEs and WBEs have an opportunity to compete for and perform contracts. Bidders are encouraged to contact the Allegheny County Department of Minority, Women and Disadvantaged Business Enterprises at 412-350-4309 or review the web site at www.county.allegheny,pa.us/mwdbe/index.asp for assistance in identifying qualified MBE and WBE firms. 28) CONTRACT - By submitting a bid, the bidder warrants that if the County makes an award to the bidder, bidder shall, at the option of the County, enter into a written contract with the County. This contract shall consist of the terms and conditions set forth in the Bid, Bu Iletins (if applicable), Specifications, and these Instructions to Bidders. If no bid bond or substitute is required and bidder fails or refuses to execute the required documents within thirty (30) days after award by County, bidder shall pay to the County the difference in the amount specified in bidder's bid and the amount County shall pay to fulfill the specifications. 29) JN1L1GIBLE SOURCE LIST— In accordance with Section 3.7 of the Allegheny County Purchasing Manual, the Chief Purchasing Officer has established an Ineligible Source List. The following may be reasons to place a company on the Ineligible Source List: a) Any company who submits a bid or proposal in bad faith, b) Any company who willfully or repeatedly breaches a contract with the County, c) Any company who refuses to accept an award, or d) Any supplier who has established a pattern or practice of unethical or immoral business practices. 30) ,STEEL PRODUCTS - In accordance with Act 3 of the 1978 General Assembly of the Commonwealth of Pennsylvania, approved March 3, 1978, if any steel products are to be used or supplied in the performance of the contract, only steel products produced in the United States of America, as defined therein, shall be used or supplied in the performance of the contract. 31) "BUY AMERICAN" POLICY— As required in Section 911.03 C. of the County Administrative Code, for the purchase or procurement of materials, supplies, furnishings, equipment or other personal property and non- professional services, the guideline to govern the County's "Buy American" policy is: Purchases shall consist of raw materials mined or produced in the U.S., or manufactured items that are made in the U.S. from materials or items mined, produced or manufactured in the U.S. Exceptions to the "Buy American " Policy are: a) lithe items are not available in the U.S. in commercial quantities of good quality, b) If the cost of the domestic items is unreasonable, which shall be if the cost of the domestic items is greater than two percent more than the cost of comparable foreign items, unless for a particular purchase, two percent represents a nominal amount, c) If a purchase is worth a value of $30,000 or less, d) if the Chief Purchasing Officer decides that it is in the County's best interest to waive the "Buy American" policy. 32) INDEMNIFICATION CLAUSE - Bidder agrees to protect, defend, indemnify and hold harmless the County, its Manager, Officers, agents, and employees from and against any and all liability, damages, claims, suits, liens and judgements of whatever nature, including claims for contribution and/or indemnification, for injuries to or death of any person or persons, or for damage to the property of any person or persons, caused by or arising out of any activity undertaken pursuant to any agreement resulting from this solicitation. Bidder further agrees to protect, defend, indemnify and hold harmless the County from and against any claims or liability for compensation under the Workmen's Compensation Act arising out of injuries sustained by any employees of contractor or of any licensees, contractors or sub -contractors of contractor. Bidder's obligations to protect, defend, indemnify and hold harmless, as set forth in this Paragraph, shall include any and all attorneys' fees incurred by the County in enforcing and/or obtaining compliance with the provisions of this Paragraph. Bidder shall give to County prompt and timely notice of any claims made or suits initiated which in any way directly or indirectly, contingently or otherwise, affect or might affect the County, and each party shall have the right to compromise and defend the same to the extent of its own interest. TY Revised 3/2002