INVITATION TO BID FOR UNIFORM SERVICES

Transcription

1 INVITATION TO BID FOR UNIFORM SERVICES BID Number: Submission Deadline Date/Time: 2-B May 3, 2019; 2:00 p.m. CST

2 UNIFORM SERVICES FOR OKLAHOMA CITY COMMUNITY COLLEGE (OCCC) CONTRACTORS: Bids are invited for Uniform Services for Oklahoma City Community College (OCCC) in accordance with the standard terms and conditions and specifications set forth in this Invitation to Bid (BID). Bids must be received at the address noted below and not later than the date and time of the submission deadline. All Bids must be clearly marked as a sealed Bid with the BID Number, Opening Date and Time on the outside of the envelope or packing containing the Bid. OCCC reserves the right to reject any or all Bids. Bid submissions MUST meet all general and specific terms and contain the following: 1. Detailed response to the BID 2. Statement of Price 3. Certification for Competitive Bid and Contract (Non-Collusion Certification) 4. Supplier Contract Affidavit 5. Certificate of Compliance, if applicable BID Number: 2-B Bid Delivery Address: Date Issued: April 4, 2019 Mr. Craig Sisco, Director of Purchasing Oklahoma City Community College Submission Deadline (Opening): John Massey Center, Purchasing Dept. Date: May 3, 2019 Room 140 Time: 2:00 P.M. CST 7777 South May Avenue Oklahoma City, OK CERTIFICATION: Upon signing this Bid, the Contractor certifies that the Standard Terms and Conditions and specification have been read as set forth in the BID, understands such and agrees to be bound by these Standard Terms and Conditions and specifications when a contract is entered into pursuant to this BID. The Contractor also agrees that the Bid incorporates the Standard Terms and Conditions and specification of this BID and is the complete and exclusive statement of the terms of the agreement between the parties, which supersedes all Bids or prior agreements, oral or written, and all other communications between the parties relating to the BID. Bid that are not signed will be rejected. Name of Firm Federal Tax ID # Address, City State, Zip Printed Name Signature of Authorized Individual Address Title Date 2

3 TABLE OF CONTENTS 1.0 General Information 1.1 Introduction 1.2 College Information 1.3 Independent Contractor 2.0 Bid Request 2.1 Issuing Office 2.2 Electronic Copies of BID 2.3 Schedule of Events 2.4 Clarification of BID 2.5 Cost for Bid Preparation and Campus Visits 3.0 Bid Information 3.1 Submission of Bid 3.2 Response Format 3.3 Contents of Bid 3.4 Revisions of Bid 3.5 Errors and Omissions in the Bid / Enhancements 3.6 Errors and Omissions in Contractor s Bid 3.7 Required Signatures 3.8 Notification of Non-Selection 3.9 Withdrawal of Bids 3.10 Pre-Award Presentations 3.11 Pre-Award Negotiations 3.12 Effective Period of Bids 3.13 Rejection or Contractor Counter-Offers, Stipulations and Other Exceptions 3.14 Right to Use Contractor s Ideas/Proprietary Information 3.15 Contractor s Need to Use Proprietary Rights of OCCC 3.16 Public Record 3.17 Bid Pricing to Reflect OCCC Tax Exempt Status 3.18 Contractual Intent/Right to Terminate and Recommence Bid Process 3.19 Bid Acceptance/Rejection 3.20 Contractor s Understanding of the Bid 3.21 Provide Information in Good Faith without Liability 3.22 Bid Costs 3.23 Determination of and Information Concerning Contractor s Qualifications 3.24 Selection, Negotiation, Additional Information 3.25 Bid Organization 3.26 Terms and Conditions for Communications between OCCC and Contractors 3.27 Verbal versus Written Communication 3.28 Response to Communications from Contractor 3.29 Inquiries about Interpretations 3.30 Apparently Conflicting Information Obtained by Contractor 3.31 Collusion Prohibited 3.32 Improper Business Relationship / Conflict of Interest Prohibited 4.0 General Provisions 4.1 Contract Award 4.2 Contractual Force and Effect 4.3 Contract Status 4.4 Terms and Conditions of Resulting Contract 4.5 Conflicting Provisions 3

4 4.6 Discrepancies between Numbers and Words 4.7 Settlement of Contract Disputes 4.8 Termination for Default 4.9 Contract Termination/Show Cause Letter/Certain Remedies 4.10 Contract Modification 4.11 Contract Assignment or Sublet 4.12 No Waiver of Rights by OCCC 4.13 Choice of Law and Venue 4.14 Hold Harmless and Indemnification 4.15 Limitation of Liability 4.16 Actions of Contractor 4.17 Liens 4.18 Federal, State and Local Taxes, Licenses and Permits 4.19 Payment in Advance of Receipt of Products or Services Prohibited 4.20 Insurance Requirements 4.21 Workers Compensation 4.22 Americans with Disabilities Act 4.23 Equal Opportunity Employer 4.24 Ethical Standards 4.25 Debarment 4.26 Compliance with Terms and Conditions 5.0 Specifications /Pricing ATTACHMENTS Attachment 1 Specifications for Uniform Services APPENDICES Appendix A Required Forms Appendix B No Bid Response Form 4

5 INVITATION TO BID FOR UNIFORM SERVICES FOR OKAHOMA CITY COMMUNITY COLLEGE 1.0 GENERAL INFORMATION 1.1 Introduction Oklahoma City Community College, hereinafter referred to as OCCC, will consider Bids for Uniform Services in accordance with the Invitation to Bid (BID) specification and terms and conditions. 1.2 College Information Oklahoma City Community College (OCCC) is a two-year community college which first opened in It has grown to serve more than 28,000 students per year. OCCC enrollment for the Spring 2018 semester totaled 11,076 students. It offers a full range of associate degree programs, which prepare students to transfer to baccalaureate institutions. Other degree and certificate programs are designed to prepare students for immediate employment in a variety of fields. Additionally, OCCC offers a wide range of community and continuing education courses, workshops, conference, and seminars. 1.3 Independent Contractor The relationship of the Contractor and OCCC shall be that of an Independent Contractor, any other provision herein withstanding. Any and all employees or agents of the Contract or other person, while engaged in the performance of any work or services required by the Contractor under these specifications, shall not be considered employees of OCCC. 2.0 BID REQUEST 2.1 Issuing Office This BID is issued by the Office of the Executive Director of Facilities Management Department of Oklahoma City Community College. The Purchasing department located at 7777 South May Avenue, Oklahoma City, is the sole point of contact between Contractors and OCCC for the selection process. Personal contact should be made through: Mr. Craig Sisco, Director of Purchasing Oklahoma City Community College Purchasing Department michael.c.sisco@occc.edu or his designee. OCCC will provide written notification of OCCC s intent to award the contract. 2.2 Electronic Copies of BID Electronic copies of the BID will be distributed to Contractors by or can be downloaded from the OCCC Purchasing website located at 5

6 2.3 Schedule of Events The following schedule will apply to this BID, but may change in accordance with the College s needs. Release of BID April 4, 2019 Last Day/Time to Submit Written Questions April 26, 2019; 1:00 p.m. CST Submission Deadline Date and Time May 3, 2019; 2:00 p.m. CST Evaluation Period May 3, 2019 TBD Beginning Date of Contract July 1, Clarification of the BID Contractors may submit written questions regarding the specifications or requirements of the BID. Written questions must be received by to OCCC no later than 1:00 P.M. CST on April 26, Questions will not be answered over the phone and phone or voice message received regarding this BID will not be returned. If OCCC determines that it should provide additional information or clarification, or if additional requirements are needed, Contractors will be notified by written addendum. All addenda issues will also be posted on the OCCC Purchasing website as referenced in section 2.2. All or any addenda issued must be acknowledges by the Contractor on the BID submitted. 2.5 Cost for Bid Preparation and Campus Visits OCCC will not reimburse the Contractor for costs incurred in the preparation and submission of Bids, nor will OCCC reimburse Contractors for expenses related to visiting the campus or providing on-campus presentation related to Bids, of applicable. 3.0 BID INFORMATION 3.1 Submission of Bids Contractor shall provide one (1) original and signed copy of the BID, including acknowledgement of addenda issued and one (1) electronic copy in compact disc or flash drive format. Please do not password protect compact disc or flash drive. Hard copies should be bound and clearly marked. Sealed written Bids will need to be received by 2:00 P.M. CST on May 3, 2019 at the following address: Attn: Mr. Craig Sisco, Director of Purchasing Oklahoma City Community College Purchasing Department John Massey Center, Room South May Avenue Oklahoma City, OK

7 All Bid packages submitted must be signed, sealed and labeled. The below sample label must be used on the envelope. Bid No: 2-B Submission Deadline: May 3, 2019 BID Due Time: 2:00 p.m. Offeror s Name: Offeror s Address: Project Title: Uniform Services Deliver this package to the Purchasing Office JMC RM 140 It is mandatory that the BID package label, as shown above, is used or this exact information is provided on the outside of the sealed Bid package. Failure to do so may cause the Bid to be rejected. Bids must be signed by an official authorized to bind the Contractor to the resulting contract. Any literature descriptive of the Contractor must be submitted with the original and electronic Bid. Contractors are cautioned that only written information contained in this BID (including any amendments and addenda) are to be relied upon for preparation of a Bid. Each Contractor is solely responsible for the timely delivery of the Bid by the specified deadline. State law required that the Bid be submitted no later than the date and time specified in this BID. Contractors mailing Bids should allow a sufficient mail delivery period to ensure timely receipt of their Bid by the issuing office. Once again, timely receipt is defined as on or prior to 2:00 P.M. CST on May 3, Any Bids received after the scheduled date and time will be immediately disqualified. All Bids shall be guaranteed and binding for a period of not less than ninety (90) days past the Bid submission deadline. 3.2 Response Format Beginning with the first subsection, it is requested that contractors respond to each subsection of this BID in the same paragraph and item number sequence, stating first the requirement and then providing their response. For those paragraphs or items not requiring a specified response, Contractors may respond with concurrence or acknowledgement. Reference to handbooks or other technical documentation may be used to augment the response to an item but may not constitute the entire response. 7

8 Reference to handbooks and technical documentation must include the paragraph and/or page number of the referenced document. It is requested that brochures and bulky publications be separate from the written response. 3.3 Contents of Bid A. Contractors should include as part of their Bid all of the provisions of this BID and furnish all required information. B. If the Contractor submits standard terms and conditions with the Bid, and if any of those terms are in conflict with the laws of the State of Oklahoma, State law shall govern. Standard terms and conditions submitted may need to be amended to adequately reflect all of the conditions of this BID. Upon award of this BID, the Contractor will be sent OCCC s standard Contract for Services to sign for the impending contract period. C. All agreements of any nature requiring execution by OCCC must be submitted with the Bid. D. A sample contract, if applicable, must be submitted with the Bid for review if required by the Contractor and will later require signature of OCCC officials. E. OCCC reserves the right to reject any Bid that does not comply with their requirements and specification of the BID. An offer may be rejected if the offer contains or imposes terms or conditions that would modify the requirements of the BID or limit the offerors liability to the State of Oklahoma or OCCC. 3.4 Revisions to the BID OCCC may revise any part of this BID for any reason by issuing addenda. Addenda will be communicated to all Contractors on record as having received this BID, and such Contractors are responsible for the information contained in such addenda, whether or not they acknowledge receipt. OCCC is under no obligation to communicate such addenda to Contractors who notify OCCC that they will not be responding to this BID. OCCC may determine whether an addendum will be considered as part of the BID and/or as part of any contract resulting therefrom. OCCC shall reject Contractor s responses to addenda if such responses are received after the BID closing date and time. 3.5 Errors and Omissions in this BID / Enhancements Potential Contractors shall bring to OCCC s attention any discrepancies, errors, or omissions that may exist within this BID. Contractors shall recommend to OCCC any enhancements in respect to this BID which may be in OCCC s best interest. 3.6 Errors and Omissions in Contractor s Bid OCCC may accept or reject any Contractor s Bid, in part or in its entirety, if such Bid contains errors, omissions, or other problematic information. OCCC shall determine the 8

9 materiality of such errors, omissions, or other problematic information. OCCC reserves the right to contact Contractors for clarification of ambiguous information contained in any Bid. 3.7 Required Signatures OCCC may reject any Contractor s response if it is not signed and/or notarized as indicated and/or required on the areas, spaces, or forms provided within this BID. 3.8 Notification of Non-Selection OCCC reserves the right not to notify Contractors whose BID responses are not selected for further consideration or notice of award. If ICCC decides to notify such Contractors in writing, it will send the notifications to the address or indicated in each such Contractor s Bid. 3.9 Withdrawal of Bids Contractors may withdraw their Bids at any time prior to the BID closing date. Contractors may request in writing to withdraw their Bid after the BID closing date and any time prior to notice of award. OCCC shall have the sole authority to grant or deny such a request. In the event OCCC grants such a request, it may withhold issuing future BID s to such Contractors Pre-Award Presentations OCCC reserves the right to require presentations from the highest ranked Contractors, or from all Contractors, in which they may be asked to provide information in addition to that provided in their Bids. The determination of how many Contractors are required to submit presentations is solely at the discretion of OCCC. Information relative to the topics or information to be presented by the Contractors selected for presentations will be provided at the time of presentation notification. Costs of preparing and attending the Presentation portion of the BID are to be borne by the Contractor Pre-Award Negotiations OCCC reserves the right to negotiate prior to award with the highest ranked Contractors for purposes of addressing matters set forth in the following list, which may or may not be exhaustive: Obtaining the most advantageous financial agreement; Resolving minor differences and scrivener s errors; Clarifying necessary details and responsibilities; Emphasizing important issues and points; Receiving assurances from Contractors. 9

10 3.12 Effective Period of Bids Under this BID, OCCC shall hold that Contractor s responses to this BID shall remain in effect for a period of ninety (90) days following the closing date, in order to allow time for evaluation, approval, and award of the contract. Any Contractor who does not agree to this condition shall specifically communicate in its Bid such disagreement to OCCC, along with any proposed alternatives. OCCC may accept or reject such proposed alternatives without further notification or explanation. At the time that OCCC announces a Contract award(s), all information included in the Successful Contractor(s) responses become part of the ensuing Contract documents Rejection or Contractor Counter-offers, Stipulations and Other Exceptions Any Contractor exception, stipulation, counter-offer, requirement, and/or other alternative term or condition shall be considered rejected if State law or OCCC policy govern the issue as solely determined by OCCC and unless specifically accepted in writing by OCCC and thereafter incorporated into any contract resulting from this BID Right to Use Contractor s Ideas/Proprietary Information If the Contractor submits proprietary information with the Bid, the Contractor shall ensure that it is enclosed in a separate envelope from the Bid and that it is clearly designated and conspicuously labeled as such. OCCC shall have the right to use any ideas that are contained in any Bid received in response to this BID, along with any adaption of such ideas. Selection or rejection of the Bid shall not affect OCCC s right of use. Provided, however, that subject to Section 3.15, OCCC will, in good faith, and to the extent permitted by applicable law, honor any Contractor information that is clearly designated and conspicuously labeled as proprietary. OCCC shall not be liable in any manner or in any amount for disclosing Proprietary Information if such information is not clearly so designated and conspicuously so labeled. OCCC shall likewise not be liable if it did not know or could not have reasonably known that such information was proprietary Contractor s Need to Use Proprietary Rights of OCCC All information proprietary to OCCC and disclosed by OCCC to any Contractor shall be held in confidence by the Contractor and shall be used only for purposes of the Contractor performance under any contract resulting from this BID Public Record Once finalized, documents resulting from this BID, including the resulting award, are available for public inspection pursuant to the Oklahoma Open Records Act, 51 O.S. 24 A.1 et seq. Copies are provided upon written request to OCCC Public Relations office. For all information requested of this BID, Contract, or Contract award under the Oklahoma Open Records Act, OCCC shall be entitled to be reasonably compensated of all costs associated with printing and mailing the requested documentation consistent with the 10

11 Oklahoma Open Records Act. OCCC shall not be liable in any manner or in any amount for disclosing Proprietary Information if such information is required by law to be disclosed Bid Pricing to Reflect OCCC Tax Exempt Status Bid pricing shall be exclusive of taxes. OCCC is exempt from taxes, including State Sales Tax, Property (Ad Valorem) tax, and Federal Excise Tax. The exemption authority is Oklahoma State Tax Code, Title 68, O.S. 1981, Article 13, Section OCCC will provide tax exemption documents upon request Contractual Intent/Right to Terminate and Recommence BID Process OCCC intends to contract with the Successful Contract whose Bid is considered to be in the best interest of OCCC. However, OCCC may terminate this BID process at any time up to notice of award, without prior notice, and without liability of any kind or amount. Further, OCCC reserves the right to commence one or more subsequent BID processing seeking the same or similar products or service covered hereunder Bid Acceptance/Rejection OCCC reserves the right to accept or reject any or all Bids. Such rejection may be without prior notice and shall be without any liability or any kind or amount to OCCC. OCCC shall not accept any Bid that OCCC deems not to be in their best interest. ICCC shall reject Bid submitted after the closing date and time Contractor s Understanding of the BID In responding to this BID, the Contractor accepts the responsibility fully to understand the BID in its entirety, and in detail, including making any inquiries to OCCC as necessary to gain such understanding. OCCC reserves the right to disqualify any Contractor who demonstrates less than such understanding, Further, OCCC reserves the right to determine, at their sole discretion, whether the Contractor has demonstrated such understanding. Related to this, OCCC s right extends to cancellation of award if award has been made. Such disqualification and/or cancellation shall be at no fault, cost, or liability whatsoever to OCCC Provide Information in Good Faith without Liability All information provided by OCCC in this BID is offered in good faith. Individual items are subject to change at any time. OCCC makes no warranty or certification that any item is without error. OCCC is not responsible or liable for any use of the information, or for any claims attempted to be or asserted therefrom Bid Costs OCCC is not liable in any manner or to any extent for any cost or expense incurred by any Contractor in the preparation, submission, presentation, or any other action connected with proposing or otherwise responding to this BID, including attendance at the mandatory Pre-Bid meeting. Such exemption from liability applies whether such costs are 11

12 incurred directly by the Contractor or indirectly through the Contractor s agents, employees, assigns, or other, whether related or not to the Contractor Determination of and Information Concerning Contractor s Qualifications OCCC reserves the right to determine whether a Contractor has the ability, capacity, and resources necessary to perform in full any contract resulting from this BID. OCCC may request from Contractors information it deems necessary to evaluate such Contractors qualifications and capacities to deliver the products and/or services sought hereunder. OCCC may reject any Contractor s Bid for which such information has been requested but which Contractor has not provided. Such information may include but is not limited to: Financial resources; Personnel resources; Physical resources; Internal financial, operating, quality assurance, and other similar controls and policies; Resumes of key executive, officers, and other personnel pertinent to the requirements of the BID; Customer references; and Disclosures of complaints or pending actions, legal or otherwise, against the Contractor Selection, Negotiation, Additional Information Although OCCC reserves the right to negotiate with any Contractor or Contractors to arrive at its final decision and/or to request additional information or clarification on any matter included in the Bid, it also reserves the right to select the most responsive Contractor or Contractors without further discussion, negotiation, or prior notice. OCCC presumes that any Bid is a best-and-final offer Bid Organization Contractors shall present Bids in a format that can be readily incorporated into a contract. Contractors may present narrative Bids provided that such Bid follow the same outline and numbering scheme of this BID, including full descriptive cross-references to all requirements listed in Section 5.0, Specifications. Contractors shall endure that their Bids include page numbers and are organized in a manner that will facilitate evaluation. OCCC reserves the right to reject without prior notice and without liability of any kind or amount any Bid that it deems overly complex, disorganized, or difficult to evaluate. OCCC reserves the right to make such a decision without any input or communication from any other party. Contractors shall ensure that, at a minimum, their Bids contain the components set forth in the following list: Original required section from this BID; Any additional responses in corresponding sequential order; and Any additional supporting data. 12

13 3.26 Terms and Conditions for Communications between OCCC and Contractors Communication and Inquires between OCCC and Contractors Contractor inquiries and requests for clarification related to this BID should be submitted in writing only, by to the following representative: Mr. Craig Sisco Director of Purchasing Oklahoma City Community College 7777 S. May Avenue Oklahoma City, OK Applicable terms and conditions herein shall govern communications and inquiries between OCCC and Contractors, as they relate to this BID. Informal and formal communications shall commence and cease as described in the following subparagraphs. Informal communications shall include but are not limited to requests from/to Contractor or Contractor s representatives of any kind or capacity, for information, comments, speculation, etc. Formal Communications shall include but are not limited to verbal and/or written presentations and preaward negotiations under this BID Start and Stop Dates for Formal and Informal Communications On the date that the Contractor received this BID, information communications shall cease and formal communications shall commence. On the date that the Bids are opened, informal communications may resume and formal communications must cease Verbal versus Written Communication Verbal communication shall not be effective unless formally confirmed in writing by the specified OCCC procurement official in charge of managing this BID process. In no case shall verbal communication override written communication Response to Communications from Contractor OCCC will make a good-faith effort to provide a written response to each written request for clarification Inquiries about Interpretations All requests for interpretations shall be formal and written. OCCC may treat responses to such requests as Revision to the BID Apparently Conflicting Information Obtained by Contractor OCCC is under no obligation whatsoever to honor or observe any information that may apparently conflict with any provision herein, regardless of whether such information is 13

14 obtained from any office, agent, or employee of OCCC. Such information shall not affect the Contractor s risks or obligations under a contract resulting from this BID Collusion Prohibited In connection with this BID, Contractor collusion with other Contractors or employees thereof, or with any employee of the State, including any employee of OCCC, is prohibited and may result in Contractor disqualification and/or cancellation of award. Such disqualification and/or cancellation shall be at no fault or liability whatsoever to OCCC Improper Business Relationship / Conflict of Interest Prohibited In connection with this BID, each Contractor shall ensure that no improper, unethical, or illegal relationships or conflict of interest exists between or among the Contractor, OCCC, and any other party to this BID. OCCC reserves the right to determine the materiality of such relationships, when discovered or disclosed, whether intended or not; and to decide whether or not Contractor disqualification and/or cancellation of award shall result. Such disqualification and/or cancellation shall be at no fault or liability whatsoever to OCCC. 4.0 TERMS AND CONDITIONS OF RESULTING CONTRACT 4.1 Contract Award Response to this BID by Contractor indicates a desire to contract with OCCC. Information contained in this BID, along with the Successful Contractor s response, will be distilled into a contract document that will be executed by the Contractor and OCCC. Response to this BID is not a contract. 4.2 Contractual Force and Effect The following terms and conditions establish OCCC s rights and expectations with respect to the goods and/or services sought hereunder. Unless otherwise specifically proposed by the Contractor, each term or condition herein shall, upon award by OCCC, have the force and effect of a contractual understanding between OCCC and the Successful Contractor. OCCC may pursue any remedy legally available to it in the event the Contractor breaches or violates any such term or condition. 4.3 Contract Status OCCC may hold each Contractor s response to this BID as a legal offer to contract. If OCCC formally accepts such offer, a contractual relationship shall be deemed to exist and OCCC will so communicate to the Successful Contractor(s) by issuing a notice of award. 4.4 Terms and Conditions of Resulting Contract The specifications, terms, and conditions set forth in this BID, and any related award document, shall be included and/or referenced in a contract document and forwarded to the Successful Contractor(s) for execution. 14

15 4.5 Conflicting Provisions Under no circumstances shall any provision be effective if it is later found to be in conflict with state statute or other superior directive. In the event of a conflict between or among any provision contained in the resulting contract, such conflict shall be resolved in the following order, most effect to least effect. Original BID Negotiations on those matters eligible for negotiation Additional agreements and/or stipulations Contractor s Bid 4.6 Discrepancies between Numbers and Words In the event of a discrepancy between information written in numbers and the same information also written in words, the information written in words shall govern. 4.7 Settlement of Contract Disputes In the event of dispute, doubt, or difference of opinion as to any matter related to any contract resulting from this BID, OCCC reserves the right to select a ranking OCCC executive officer of officers to render a decision. Such decision shall be final and binding on all parties to the contract. 4.8 Termination for Default OCCC may terminate a contract resulting from this BID, for reason of the Contractor s default, if conditions including but not limited to those described in the following list come into being: The Contractor is adjudged bankrupt, makes a general assignment for the benefit of the Contractor s creditors or a receiver is appointed on account of the Contractor s insolvency. The Contractor persistently or repeatedly refuses or fails to perform specific provisions of the contract; or so fails to make progress pursuant to the contract s terms; or so fails to meet any deliver dates that may be specified in Section 5.0 titled Specifications except when extension may be granted to carry on as required by the contract. The Contractor persistently or repeatedly refuses or fails to make prompt payment to subcontractors and/or OCCC. The Contractor persistently or repeatedly disregards laws, ordinances, or the instructions of any duly authorized representative of OCCC. The Contractor otherwise commits a substantial violation of any provision of the contract. 15

16 4.9 Contract Termination/Show Cause Letter/Certain Remedies OCCC may, in their sole discretion and without prejudice to any other right or remedy either terminate this contract or deliver to the Contractor a letter citing the instances of noncompliance and directing the Contractor to show cause why the contract should not be terminated (Show Cause Letter). The Contractor shall have ten (10) days to reply to the Show Cause Letter and indicate why the contract should not be terminated. The Contractor shall then have thirty (30) days to cure the noncompliance cited in the Show Cause Letter. If the noncompliance is not cured within thirty (30) days, OCCC may negotiate a schedule to terminate the contract. In the event all or any part of the contract is terminated, OCCCC may take possession of any and all materials and finish the contract by whatever methods OCCC may deem expedient. In such case, the Contractor shall not be entitled to any further payment until the contract is finished. The Contractor shall be liable for any excess costs incurred by OCCC to perform the balance of the contract. The rights and/or remedies of OCCC under these terms and conditions are not exclusive but are in addition to any other rights and/or remedies provided by law or the contract. OCCC reserves the right to refuse to consider Bids received from the Contract in response to BID s that OCCC may issue in the future. Either party may terminate this agreement for cause and/or convenience with thirty (30) days written notice Contract Modification No change or modification to a contract resulting from this BID shall take effect until all parties have agreed in writing to such change or modification Contract Assignment or Sublet No Contractor shall assign, transfer, or sublet, either in whole or in part, any contract resulting from this BID, without prior written OCCC approval No Waiver of Rights by OCCC No delay or failure on OCCC s part to enforce any provision of this agreement shall constitute or be construed by any party as a waiver or limitation of OCCC s rights under any resulting contract Choice of Law and Venue The resulting Contract, its validity, and disputes arising under it shall be governed by, construed, and enforced in accordance with the laws of the State of Oklahoma, without regard to its choice of law provisions. The parties agree that any legal action relating to this Contract shall be filed in a court of competent jurisdiction in the State of Oklahoma, to which jurisdiction and venue the parties expressly agree Hold Harmless and Indemnification A Successful Contractor who becomes a party to any contract resulting from this BID shall observe and execute indemnity and hold-harmless obligations in response to the conditions included in, but not limited to those described in the following list. The beneficiaries of such hold-harmless obligations shall be the State of Oklahoma and 16

17 Oklahoma City Community College, including their agents, employees, and officers. The hold-harmless obligations apply to all claims, demands, losses, judgements and actions that may arise from the conditions included in, but not limited to those described in the following list, and all expenses associated therewith. The hold-harmless obligations extend to such Contractor s subcontractors and agents and shall be documented in any agreement between or among such parties. Any injury or damage sustained by any person or property as a result of any act or omission by such Contractor. Any infringement by such Contractor of patents, trademarks, service marks, copyrights, or other forms of intellectual property. Any claim or amounts arising or recovered under Workers Compensation law or any other law in consequence of any act or omission by such Contractor. Contractor shall defend and hold OCCC harmless from all claims, liabilities, damages, or judgements involving a third party, including OCCC s costs and attorney fees, which arise as a result of Contractor s failure to meet any of its obligations under this agreement Limitation of Liability The Successful Contractor acknowledges that under the laws of the State of Oklahoma, Contractors may not contractually limit their potential liability. The Oklahoma Constitution prohibits the inclusion of clauses in any OCCC or other State contract which limits the Contractor s liability for fraud, willful injury to person or property, or violation of the law, whether willful or negligent; or otherwise has the effect of requiring OCCC to indemnify the Contractor for the Contractor s own damages. To the extent any limitation of liability contained in any resulting contract is construed by a court of competent jurisdiction to be a limitation of liability in violation of Oklahoma law, such limitation of liability shall be void Actions of Contractor OCCC is under no obligation to be bound by the actions of any Contractor with respect to third parties. The Contractor is not a division, partner, or agent of OCCC Liens The Successful Contractor shall keep OCCC free and clear from all liens associated by any person or entity for any reason arising out of the furnishing of services or materials by or to the Contractor Federal, State and Local Taxes, Licenses and Permits The Successful Contractor is solely responsible for complying with all laws, ordinances, and regulations on taxes, licenses and permits, as they may apply to any matter under this BID. Contractors shall, at no expense to OCCC, procure and keep in force during the entire period of the contract all such permits and licenses and pay such taxes, including applicable State of Oklahoma Sales Taxes. 17

18 4.19 Payment in Advance of Receipt of Products or Services Prohibited As an agency of the State of Oklahoma, OCCC is prohibited by statute from paying for products or services in advance. All payments, if any, associated with this contract shall be in arrears Insurance Requirements The Successful Contractor(s) shall, prior to beginning any work under any contract that may result under this BID, if applicable, or as required by State or Federal law, acquire and have effect minimum insurance coverage as set forth in the following table. The said minimum amounts are not intended to limit and do not reduce any Contractor s liability. Coverage Type Minimum Amount Workers Compensation $500, Public Liability Insurance Bodily Injury: each person $1,000, Property Damage: each person $1,000, Per-Occurrence for all Claimants and $1,000, Coverage Certificates and insurance policies shall include the following clause: This policy shall not be cancelled or reduced in required limits of liability or amount of insurance until notice has been mailed to OCCC. Date of Cancellation or reduction may not be less than thirty (30) days after the date of mailing notice. The Successful Contractor shall file certificates of such insurance with OCCC, and such related coverage shall be subject to OCCC s approval. Certificate of Insurance shall be submitted to OCCC immediately upon request Workers Compensation The Successful Contractor shall carry on their work in accordance with the requirements of the workers compensation law of the State of Oklahoma, and shall not reject the provisions thereof during the life of the contract. Successful Contractor shall also protect themselves using liability insurance coverage against any and all claims for damages to persons and property which may arise out of operation under this contract, whether such operations be by the Contractor, subcontractor, or anyone directly employed by either of them Americans with Disabilities Act The Successful Contractor must assure compliance with the Americans with Disabilities Act of 1990 and all amendments and requirements imposed by the regulations issued pursuant to this act in the performance of services identified in this BID. 18

19 4.23 Equal Opportunity Employer The Successful Contractor must assure that they are an Equal Opportunity Employer, a provider of services and/or assistance, and in compliance with the 1964 Civil Rights Act, Title IX of the Education Amendments of 1972 Section 504 or the Rehabilitation Act of 1973, as amended, and Executive Orders and The Successful Contractor must acknowledge the requirements in their BID response. Please refer to Certificate of Compliance in Appendix A Required Forms Ethical Standards It shall be a breach of ethical standards for a person to be retained, or to retain a person, to solicit or secure a State contract upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee, except for retention of bona fide employees or bona fide established selling agencies maintained by the Contractor for the purpose of securing business Debarment Contractors shall certify in their Bids that neither it nor its principals are presently debarred, declared ineligible, or voluntarily excluded from participation in this contract by any governmental debarment or agency, consistent with Department of Labor Regulations (29 C.F.R. Part 98) Compliance with Terms and Conditions Contractors shall state that they have read, understand and will comply with all provisions stated in the BID. 5.0 SPECIFICATIONS/PRICING SEE ATTACHMENT 1 Specifications for Uniform Services Please complete information where requested and submit with your Bid. ATTACHMENTS Attachment 1 Specifications for Uniform Services APPENDICES Appendix A Required Forms Appendix B No Bid Response Form 19

20 ATTACHMENT 1 Specifications for Uniform Services 20

21 UNIFORM SERVICES SPECIFICATION This Invitation to Bid was prepared with the intent to solicit bids from qualified uniform rental service companies. It is important that bidders clearly understand the definition of the services required in this Invitation to Bid. Uniforms-Laundry Lease Service is defined as the processing, cleaning, repairing, transporting, pick up, and delivery of garments owned and supplied by the Contractor. Under the Uniforms-Laundry Lease Service, the contactor shall be responsible for purchasing the uniforms and maintain the required\ level of inventory. Uniforms- Laundry Lease Service requires that the contractor process, clean, repair, transport, pick up, and deliver the garments. The Contractor shall supply rental and cleaning services, of selected garments, for Oklahoma City Community College s Facilities Management Department. At the time of this Invitation to Bid, the Facilities Management Department consists of 21 total employees who will be provided work garments. This amount may increase or decrease depending on the employment status. The contractor will provide reassignment garments if the employee joins a new crew, or job classification in which a different garment is required. The contractor will provide resized garments upon the request of the employee if the employee physically has changed in size to such an extent to cause the garment set not to fit comfortably. Any charges associated with reissuing garments to existing employees will be prorated on the on the age of the garment, based on a three-year buy out. The Director of Facilities Management, or designated representative, will determine acceptable condition. Upon delivery, the garments will be inspected, and if any garment is found to be defective, or fails to meet specification, the item may be rejected or returned. The contractor will have two (2) working days to correct any unacceptable garments due to cleaning process. All shortages will be reported to the vendor within five (5) working days and replacements made within ten (10) working days. Only new garments will be used for direct embroidered garments. The contractor is required to adhere to the appropriate schedules as established by the College based on a five (5) day workweek. The contractor is required to collect soiled garments at a designated locale on the College property, sort, and report the quantity of garments collected for each employee. The contractor must return all personal or College property discovered during the collection or laundry processing. Clean garments shall be delivered to the designated location specified by the College. The contractor shall adhere to proper cleaning methods that provide: high quality of colorfastness, maximum life of garment, maximum safety and comfort to the user, and effective and complete removal of soil from the garment. Stained and spotted garments shall be treated with a special formula designed with specificity to remove stains and rinsed from garments during normal washing/cleaning process. Executive garments shall be prepared to dry cleaner standards and delivered cleaned, neatly hung and packaged in a manner to prevent wrinkles. All other garments provided by the contractor shall be neatly hung and packaged for shipment in a manner to ensure a minimum of wrinkling. The contractor shall be responsible for preprocessing at no 21

22 additional cost to the College. All garments that have been insufficiently processed and/or mishandled during the initial processing, including, but not limited to: contact soil present, incomplete removal of particulate soil and stains, excessively wrinkled, poorly processed, or improperly hung on hanger. Any re-washing or re-processing of a garment required in order to meet the performance standards of the contract shall be made at the contractor s expense. Invoices shall not be accepted and payment shall not be made by the College for any such rewashing or re-processing. In the event the contractor does not fulfill the obligation under the terms and conditions of this contract, the College may request to cancel this contract within thirty (30) days of written notification. Executive Set: This set currently consists of 7 individuals with the potential of 9. Each set can consist of up to 11 pairs of selected pants from the Executive Pant Options; up to 11 long sleeve shirts from the Executive Shirt option; up to 111 short sleeve shirts from the Executive Shirt Option. Executive Pant Options (One set equals 11 each): o #1: Wrangler Pants: 100% Cotton Twill Blend, Pleated Front, Wrinkle Resistant with single hook-and-eye closure, two welt back pockets, and front quarter pockets. Color personal choice between Black, Navy, or Tan. o #2: Wrangler Men s Relaxed Fit Jean, in Medium Blue. Executive Shirt Options (One set equals 11 each): o #1: Long Sleeve Poplins Dress Shirts: (with College Logo Embroidery) 65/35 poly/cotton, topstitch button-down, banded collar, back box pleat, woodtone button, and single breast pocket. Color to be mixture of personal choice. 22

23 o #2: Short Sleeve Poplins Dress Shirts: (with College Logo Embroidery) 65/35 poly/cotton, topstitch button-down, banded collar, back box pleat, woodtone button, and single breast pocket. Color to be mixture of personal choice. o #3: Long sleeve Pinpoint Dress Shirt: (with College Logo Embroidery) 70/30 cotton/poly, single needle tailoring, fused collars, button down collar, single breast pocket. Color to be mixture of personal choice. o #4: Short sleeve Pinpoint Dress Shirt: (with College Logo Embroidery) 70/30 cotton/poly, single needle tailoring, fused collars, button down collar, single breast pocket. Color to be mixture of personal choice. o #5: Long Sleeve Prewashed Denim Open Collar Shirt: (with College Logo Embroidery) 100% Cotton, Woodtone buttons, two-piece back yoke, with twobutton adjustable cuffs. In Dark Blue. o #6: Short Sleeve Prewashed Denim Open Collar Shirt: (with College Logo Embroidery) 100% Cotton, Woodtone buttons, two-piece back yoke, with twobutton adjustable cuffs. In Dark Blue. o #7: Moisture-Management Polos, made of Heavy-Duty Pique Mesh, 100 Spun Polyester Non-Pilling & Stain Resistant, Welted Collar & Cuffs, 3-button placket with woodtone buttons, left chest pocket. (In Navy Nailhead Patter) (with College Logo Embroidery). 23

24 Customer Service Set: This set currently consists of 5 individuals with the potential of 6. Each set can consist up to 11 pairs of selected pants from the Customer Service Set Pant Options, up to 11 long sleeve shirts from the Customer Services Set Shirt Options, up to 11 short sleeve shirts from the Customer Services Set Shirt Options, and up to 2 jackets from the Customer Services Set Jacket Option. Men s Customer Service Set Pant Options (One set equals 11 each): o #1: Wrangler Men s Relaxed Fit Jean, in Medium Blue o #2: Flat Front 65/35 Poly/Cotton Pants, Lined Non-Roll Waistband, button front closure, heavy-duty brass zipper and 7 belt loops, reinforced at stress points, Quarter Top Front Pockets, Set-In back pockets. Color Navy. o #3: Men s Cargo Pants, 65/35 Poly/Cotton Twill, Lined Non-Roll Waistband with button closure, Heavy-Duty Zipper, 2 pleated cargo pockets with flaps and button closures. Set-In Back pockets (left has button closer) in Navy. Customer Service Set Shirt Options (One set equals 11 each): o #1: Long Sleeve Prewashed Denim Open Collar Shirt: (with College Logo Embroidery) 100% Cotton, Woodtone buttons, two-piece back yoke, with twobutton adjustable cuffs. In Dark Blue. o #2: Short Sleeve Prewashed Denim Open Collar Shirt: (with College Logo Embroidery) 100% Cotton, Woodtone buttons, two-piece back yoke, with twobutton adjustable cuffs. In Dark Blue. 24

25 o #3: Moisture-Management Polos, made of Heavy-Duty Pique Mesh, 100 Spun Polyester Non-Pilling & Stain Resistant, Welted Collar & Cuffs, 3-button placket with woodtone buttons, left chest pocket. (In Navy Nailhead Patter) (with College Logo Embroidery). o #4: Long Sleeve Oxford Button Down Shirt, (with College Logo Embroidery), 60/40 Cotton/Poly, Banded Dress Collar with left chest pockets (in light blue). o #45 Short Sleeve Oxford Button Down Shirt, (with College Logo Embroidery), 60/40 Cotton/Poly, Banded Dress Collar with left chest pockets (in light blue). o #6: Micro Pique Sport-Tek Polos (with College Logo embroidery); double-needle stitching, set-in hemmed sleeves, tag free taped neck, side vents, pocketless, three dyed-to-match rubber buttons, flat knit collar, (in light blue). Customer Service Set Jacket Options (One set equals 11 each): o #1: UniWear Permalined Jacket; Waist Length with solid brass zipper, 65/35 Poly/Cotton Twill Shell, Quilted Permanent Lining, Front Slash Pockets, Left Sleeve Utility Pocket, Adjustable side tabs and button cuffs. Women s Customer Service Set Pant Options (One set equals 11 each): o #1: Wrangler Women s Blue Dress Easy, Relaxed Fit, in Medium Blue. o #2: Women s Flexwaist Pant, Waist 65/35 Poly/Cotton Durable Press Twill, with brass zipper and button closure. Two quarter-top front pockets in Navy. 25

26 o #3: Women s Low Rise Boot Cut Pants 95/5 Poly Spandex, Contoured waistband, crossover hook-and-eye closure, no pockets. In Black. Customer Service Set Shirt Options (One set equals 11 each): o #1: Long Sleeve Oxford Button Down Shirt, (with College Logo Embroidery), 60/40 Cotton/Poly, Banded Dress Collar with left chest pockets (in light blue). o #2 Short Sleeve Oxford Button Down Shirt, (with College Logo Embroidery), 60/40 Cotton/Poly, Banded Dress Collar with left chest pockets (in light blue). o #3: Micro Pique Sport-Tek Polos (with College Logo embroidery); double-needle stitching, set-in hemmed sleeves, tag free taped neck, side vents, pocketless, in open V neck line (in light blue). Customer Service Set Jacket Options (One set equals 11 each): o #1: UniWear Permalined Jacket; Waist Length with solid brass zipper, 65/35 Poly/Cotton Twill Shell, Quilted Permanent Lining, Front Slash Pockets, Left Sleeve Utility Pocket, Adjustable side tabs and button cuffs. Grounds: This set currently consists of 2 individuals with the potential of 3. This set currently consists up to 11 pairs of selected pants from the Grounds Set Pant Options, up to 11 pairs of selected short pants from the Grounds Set Short Options, up to 11 long sleeve shirts from the Grounds Set Shirt Options, up to 11 short sleeve shirts from the Grounds Set Shirt Option, and up to 2 jackets from the Grounds Set Jacket Option; 26

27 Grounds o #1: Long Sleeve Prewashed Denim Open Collar Shirt: (with College Logo Embroidery) 100% Cotton, Woodtone buttons, two-piece back yoke, with twobutton adjustable cuffs. In Dark Blue. o #2: Short Sleeve Prewashed Denim Open Collar Shirt: (with College Logo Embroidery) 100% Cotton, Woodtone buttons, two-piece back yoke, with twobutton adjustable cuffs. In Dark Blue. o #3: Moisture-Management Polos, made of Heavy-Duty Pique Mesh, 100 Spun Polyester Non-Pilling & Stain Resistant, Welted Collar & Cuffs, 3-button placket with woodtone buttons, left chest pocket. (In Navy Nailhead Patter) (with College Logo Embroidery). o #4 Long Sleeve MicroCheck, 65/35 Poly/Cotton, Banded Dress Collar with Sewn-In Stays, 7-Button No Gap Front, Button Through Check Pockets (left has pencil stall), woodtone buttons. (with College Logo Emblem Matching Patch only) (in Light Blue). o #5 Short Sleeve MicroCheck, 65/35 Poly/Cotton, Banded Dress Collar with Sewn-In Stays, 7-Button No Gap Front, Button Through Check Pockets (left has pencil stall), woodtone buttons. (with College Logo Emblem Matching Patch only) (in Light Blue). o #6: Micro Pique Sport-Tek Polos (with College Logo embroidery); double-needle stitching, set-in hemmed sleeves, tag free taped neck, side vents, pocketless, three dyed-to-match rubber buttons, flat knit collar, (in light blue). 27

28 Grounds o #1: UniWear Permalined Jacket; Waist Length with solid brass zipper, 65/35 Poly/Cotton Twill Shell, Quilted Permanent Lining, Front Slash Pockets, Left Sleeve Utility Pocket, Adjustable side tabs and button cuffs. Price per each Price per set Building Maintenance Set: This set currently consists of 7 individuals with the potential of 10. Each set consists of 11 pairs of selected pants from Building Maintenance Service Set Pant Options, up to 11 pairs of selected short pants from the Building Maintenance Service Set Short Options, up to 11 long sleeve shirts from the Building Maintenance Service Set Shirt Options, up to 11 short sleeve shirts from the Building Maintenance Set Shirt Option, and up to 2 jackets from the Building Maintenance Service Set Jacket Option; Building Maintenance Service Set Pant Options (One set equals 11 each): o #1: Flat Front 65/35 Poly/Cotton Pants, Lined Non-Roll Waistband, button front closure, heavy-duty brass zipper and 7 belt loops, reinforced at stress points, Quarter Top Front Pockets, Set-In back pockets. Color Navy. o #2: Wrangler Men s Relaxed Fit Jean, in Medium Blue o #3: Dickies Carpenter Jeans; 14oz 100% cotton denim, 5-pocket design, plus right side tool pocket and left hammer loop, heavy-duty brass zipper, metal button closure, triple stitched seams. o #4: Men s Cargo Pants, 65/35 Poly/Cotton Twill, Lined Non-Roll Waistband with button closure, Heavy-Duty Zipper, 2 pleated cargo pockets with flaps and button closures. Set-In Back pockets (left has button closer) in Navy. 28

29 Building Maintenance Service Set Shirt Options (One set equals 11 each): o #1: Long Sleeve Prewashed Denim Open Collar Shirt: (with College Logo Embroidery) 100% Cotton, Woodtone buttons, two-piece back yoke, with twobutton adjustable cuffs. In Dark Blue. o #2: Short Sleeve Prewashed Denim Open Collar Shirt: (with College Logo Embroidery) 100% Cotton, Woodtone buttons, two-piece back yoke, with twobutton adjustable cuffs. In Dark Blue. o #3: Moisture-Management Polos, made of Heavy-Duty Pique Mesh, 100 Spun Polyester Non-Pilling & Stain Resistant, Welted Collar & Cuffs, 3-button placket with woodtone buttons, left chest pocket. (In Navy Nailhead Patter) (with College Logo Embroidery). o #4 Long Sleeve MicroCheck, 65/35 Poly/Cotton, Banded Dress Collar with Sewn-In Stays, 7-Button No Gap Front, Button Through Check Pockets (left has pencil stall), woodtone buttons. (with College Logo Emblem Matching Patch only) (in Light Blue). o #5 Short Sleeve MicroCheck, 65/35 Poly/Cotton, Banded Dress Collar with Sewn-In Stays, 7-Button No Gap Front, Button Through Check Pockets (left has pencil stall), woodtone buttons. (with College Logo Emblem Matching Patch only) (in Light Blue). 29

30 o #6: Micro Pique Sport-Tek Polos (with College Logo embroidery); double-needle stitching, set-in hemmed sleeves, tag free taped neck, side vents, pocketless, three dyed-to-match rubber buttons, flat knit collar, (in light blue). Building Maintenance Service Set Jacket Options (One set equals 2 each): o #1: UniWear Permalined Jacket; Waist Length with solid brass zipper, 65/35 Poly/Cotton Twill Shell, Quilted Permanent Lining, Front Slash Pockets, Left Sleeve Utility Pocket, Adjustable side tabs and button cuffs. Alternative Offering: Any alternate must be listed. Dust Mop Service: Consisting of Two (2) 48 Dust Mop Heads with handles which includes exchanging out mop head with clean units once a month. Price per each Consisting of Two (2) 24 Dust Mop Heads with handles which includes exchanging out mop head with clean units once a month. Price per each Floor Mat Service: Consisting of Three (3) Brown Floor Mats: One (1) 3 x 10, Two (2) 3 x 4, which includes replacing with clean units semi-monthly. Price per each 3 x 10 Price per each 3 x 4 30

31 Non Garment and Other Charges: Based on age of garment: Replacement/Exchange charge due to reassignment/resizing: LESS THAN 1 YEAR OLD LESS THAN 2 YEARS OLD LESS THAN 3 YEARS OLD Embroidery Charge: Dry Cleaning Environmental Charge: Fuel Usage Charge: If there are any other charges associated with this uniform-laundry lease service that the contractor will expect the College to pay, they must appear below: Pricing for Direct Sales Items: Carhartt Sandstone Duck Hooded Jacket: Carhartt brand; 12-oz cotton duck hooded jacket, with quilted polyester lining (sleeves lined in quilted nylon). The rib-knit waistband and cuffs are dyed to match along with the drawstring on the three-piece hood. The deep front path pockets and inside chest pockets, (with College Logo Embroidery) In Brown Duck Color. Price per each 31

32 Carhartt Sandstone Duck Hooded Jacket: Carhartt brand; 12-oz cotton duck outer shell, with a zip-in-out liner is quilted nylon with polyester fill. Adjustable snap cuffs corduroy collar, two lower slash pockets and upper chest zip pocket. (with College Logo Embroidery). In Brown Duck Color. Price per each Carhartt Duck Bib Overall: 12-ounce, 100% cotton, sandstone duck, Chapstyle double front, Overall/quilt Lined. In Brown Duck Color. Price per each Carhartt Duck Coverall/Quilt-Lined Overall: 12-ounce, 100% cotton, sandstone duck, Nylon quilted, Ankle-to-Waist, two-way leg zippers with protective wind flaps. In Brown Duck Color. Price per each 32

33 APPENDIX A Supplier Contract Affidavit Solicitation #2-B , of lawful age, being first duly sworn, on oath says: In accordance with 74 O.S (B), the supplier certifies that no person who has been involved in any manner in the development of this contract while employed by Oklahoma City Community College or the State of Oklahoma shall be employed to fulfill any of the services provided for under said contract. Signature Printed Name Date Title STATE OF ) COUNTY OF ) Subscribed and sworn to before me this day of, 20, by (Seal) Notary Public (or Clerk or Judge) Signature My Commission Number My Commission Expires 33

34 Certification for Competitive Bid and Contract (Non-Collusion Certification) Solicitation #2-B A. For purposes of competitive bid or contract, I certify: 1. I am the duly authorized agent of, the bidder submitting the competitive bid herewith, for the purpose of certifying the facts pertaining to the existence of collusion among bidders and between bidders and state officials of employees, as well as facts pertaining to the giving or offering of things of value to government personnel in return for special consideration in the letting of any contract pursuant to said bid; 2. I am fully aware of the facts and circumstances surrounding the making of the bid to which this stamen is attached and have been personally and directly involved in the proceedings leading to the submission of such bid; and 3. Neither the bidder nor anyone subject to the bidder s direction or control has been a party: a. to any collusion among bidders in restraint of freedom of competition by agreement to bid at a fixed price or to refrain from bidding b. to any collusion with any state official or employee as to quantity, quality or price in the prospective contract, or as to any other terms of such prospective contract, nor c. in any discussions between bidders and any state official concerning exchange of money or other thing of value for special consideration in the letting of a contract. B. I certify, if awarded the contract, whether competitively bid or not, neither the contractor nor anyone subject to the contractor s direction or control has paid, given or donated or agreed to pay, give or donate to any officer or employee of Oklahoma City Community College any money or other thing of value, either directly or indirectly, in procuring this contract herein. Authorized Signature Printed Name Phone Number Certified this Date Title Fax Number 34

35 CERTIFICATE OF COMPLIANCE IMPORTANT: THIS MUST BE READ, SIGNED AND RETURNED WITH BID DOCUMENTS Certificate of Compliance with Executive Order as amended for Contract in Excess of $10,000. In entering into any resulting contracts over $10,000, the contractor agrees to comply with the Equal Employment Opportunity requirements stipulated in Executive Order as amended by Executive Order These specific requirements state: I. Equal Opportunity Clause During the performance of this/these contract(s) the contractor agrees as follows: A. The contractor will not discriminate against any employee or applicant for employment because for race, creed, color, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and employees are treated during employment, without regard to their race, creed, color or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause. B. The contractor will, in all solicitation or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, creed, color or national origin. C. The contractor will send to each labor union or representative or workers with which he has a collective bargaining agreement or other contractor understanding, a notice to be provided by the agency contracting officer, advising the labor union or workers representative of the contractor s commitments under Section 202 of Executive Order of September 24, 1965, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. D. The contractor will comply will all provisions of Executive Order of September 24, 1965, and the rules, regulations and relevant orders of the Secretary of Labor. E. The contractor will furnish all information and reports required by Executive Order of September 24, 1965, and the rules, regulations, and order of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the contracting agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations and orders. F. In the event of contractors noncompliance with the nondiscrimination clauses of this contract or with any of such rules, regulations or orders, this contract may be canceled, terminated or suspended in whole or part and the contractor may be declared ineligible for further government contracts in accordance with procedures authorized in Executive Order of September 24, 1965 and such other sanctions may be imposed and remedies invoked as provided in Executive Order of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor as otherwise provided by law. G. The contractor will include the provisions of paragraphs (A) through (G) in every subcontractor purchase order unless exempted by rules, regulations or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as the contracting agency may direct as a means of enforcing such provisions including sanctions for non-compliance: Provided, however, that in the event the contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the contracting agency, the contractor may request the United States to enter such litigation to protect the interests of the United States. 35

36 II. Certification on Non-Segregated Facilities By the submission of this bid and/or acceptance of purchase orders during the above period, the bidder, offeror, applicant, or subcontractor certifies that he does not maintain or provide for his employees any segregated facilities at any of his establishments, and that he does not permit his employee to perform their services at any locations, under his control, where segregated facilities are maintained. He further agrees that breach of this certification is a violation of the equal opportunity clause in this contract. As used in this certification, the term segregated facilities means any waiting rooms, work areas, rest rooms, and wash rooms, restaurants, and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment area, transportation, and housing facilities provided for employees which are segregated by explicit directive or are in fact segregated on the basis of race, creed, color or national origin, because of habit, local customs or otherwise. He further agrees that (except where he has obtained identical certifications from proposed contractors for specific time periods) he will obtain identical certification from proposed subcontractors prior to award of subcontracts exceeding $10,000 which are not tax exempt from the provision of the equal opportunity clause; that he will retain such certifications in his files; and that he will forward the following notice to such proposed subcontractors (except where the proposed subcontractors have submitted identical certifications for specific time periods). III. Disabled Veteran and Vietnam Era Veteran Affirmative Action Program Requirements Certification of Compliance In entering into any contract that exceeds $10,000, the bidder agrees to comply with the Disabled Veteran and Vietnam Era Veteran Affirmative Action Program Requirements as stipulated in Public Law and all amendments thereto. Failure to comply with the requirements of Public Law , Title 41, CFR and Title 41, CFR and all amendments thereto shall be deemed a material breach of this agreement and subject this contract to cancellation and rescission at the option of Oklahoma City Community College. If awarded this Contract agrees to comply with the provisions of Clauses I and II above. Signature Printed Name Date Title STATE OF ) COUNTY OF ) Subscribed and sworn to before me this day of, 20, by (Seal) Notary Public (or Clerk or Judge) Signature My Commission Number My Commission Expires 36

37 APPENDIX B NO BID RESPONSE FORM Solicitation #2 Please be advised that our company does not wish to submit a Bid in response to the attached referenced Invitation to Bid for the following reasons: Too busy at this time Not engaged in this type of work Project too large/small Cannot meet mandatory specifications (Please specify below) Other (Please specify) Company Name Signature Printed Name Phone Number Date Title Address Please return to: Mr. Craig Sisco, Director of Purchasing Oklahoma City Community College Purchasing Office, JMC Room 140 Oklahoma City, Oklahoma michael.c.sisco@occc.edu 37