Invitation to Bid BOE. Wall Mount Commercial Water Heater

Transcription

1 Invitatin t Bid BOE Wall Munt Cmmercial Water Heater Respnses t an Invitatin t Bid will be received by the Purchasing Supervisr, Sumner Cunty Bard f Educatin, 1500 Airprt Rad, Gallatin, TN fr until August 7, 10:30 a.m. Lcal Time. Bid respnses will be pened at that time, taken under advisement and evaluated. All prpsals are subject t the Bard f Educatin s cnditins and specificatins which are available frm Chris Harrisn, Purchasing Supervisr (615) All bids can be viewed n line at

2 INVITATION TO BID (ITB) NUMBER: BOE SUMNER COUNTY BOARD OF EDUCATION This slicitatin dcument serves as the written determinatin f the SCS Purchasing Supervisr that the use f Cmpetitive Sealed Prpsal fr this slicitatin is in the best interest f SCS. RFP Title: Wall Munt Cmmercial Water Heater Purchasing Staff Cntact: Chris Harrisn Janice Wright Purchasing Supervisr Purchasing Crdinatr chris.harrisn@sumnerschls.rg janice.wright@sumnerschls.rg Release Date: July 23, 2018 Prpsal Due Date: August 7, 10:30 a.m. Lcal Time Any altercatins t this dcument made by the prpser may be grunds fr rejectin f prpsals, cancellatin f any subsequent award, r any ther legal remedies available t the Sumner Cunty Bard f Educatin.

3 Page 2 f 12 NOTICE TO PROPOSERS There may be ne r mre amendments t this ITB. In rder t receive cmmunicatin fr any such amendments issued specifically t this ITB, the prpser must prvide the infrmatin requested belw t the Sumner Cunty Bard f Educatin (SCS) Purchasing Department. The infrmatin may be sent by t: Chris Harrisn, Purchasing Supervisr, chris.harrisn@sumnerschls.rg. SCS will send amendments nly t thse prpsers which cmplete and return this infrmatin in a timely manner. ITB Number: Cmpany Name: Mailing Address: Phne Number: Cntact Persn: Address: Authrized Signature: Printed Name: Date: ed amendments will be sent in a Micrsft Wrd (Office fr Windws) r Prtable Dcument Frmat (pdf) frmat. Any alteratins t the dcument made by the prpser may be grunds fr rejectin f prpsal, cancellatin f any subsequent award r any ther legal remedies available t SCS. Amendments will als be psted n the SCS website and attached t the slicitatin listing as a PDF r WORD file. Check the particular slicitatin n the Current Bids and RFPs webpage fr any psted amendments. By cmpleting and returning this frm, the Prpser has expressed its intent t prvide a prpsal fr BOE Wall Munt Cmmercial Water Heater.

4 Page 3 f 12 TABLE OF CONTENTS 1. Specificatin 2. Surce Selectin and Cntract Award 3. Schedule f Events 4. Delivery f Prpsals 5. Prtests 6. New Vendrs 7. Attachments A. Bid Frm/Certificatin B. IRS Frm W9 C. Attestatin Re Persnnel D. Standard Terms and Cnditins

5 Page 4 f Specificatin Wall Munt Cmmercial Water Heater 199,999 Btu/hr. Equal t r Better than Lchinvar Armr Mdel N. WAN200PM Cmmercial Strage Tank 200-galln capacity Vertical Rund Jacketed Equal t r Better than Lchinvar Lck-Temp Mdel N. RJA200 Water Expansin Tank 10-galln capacity Equal t r Better than American Water Heaters Mdel N. AET Surce Selectin and Cntract Award Award, if made, will be made t the prpser submitting the lwest cst prpsal and whm is als determined t be Respnsive. General Criteria t be determined Respnsive Des the prpsal include all required infrmatin? Des the prpsal include cmpleted attachment frms? Was the prpsal delivered n r befre the stated deadline? SCS reserves the right t reject any prpsal that takes exceptin t the specificatins unless prir apprval is requested and granted by SCS. Upn mutual agreement by bth parties, SCS shall grant the right t extend the terms, cnditins and prices f cntract(s) awarded frm this ITB t ther Institutins (such as State, Lcal and/r Public Agencies) wh express an interest in participating in any cntract that results frm this ITB. Each f the piggyback Institutins will issue their wn purchasing dcuments fr purchase f the gds/services. Prpser agrees that SCS shall bear n respnsibility r liability fr any agreements between Prpser and the ther Institutin(s) wh desire t exercise this ptin. 3. Schedule f Events RFP Issued July 23, 2018 RFP Submissin DEADLINE August 7, 10:30 a.m. Lcal Time

6 Page 5 f Delivery f Prpsals Sealed prpsals will be accepted until August 7, 10:30 a.m. Lcal Time. Prpsals received after that time will be deemed invalid. Vendrs mailing prpsal packages must allw sufficient time t ensure receipt f their package by the time specified. There will be n exceptins. Prpsals will be pened and read alud. The reading f the bids will begin at 10:30 a.m. Lcal Time. Due t the nature f deliveries t the SCS Supprt Services Facility by carriers such as UPS, FedEx and such like; the prpsal package will be accepted if the date and time n the delivery cnfirmatin are indicated t be n r befre the Prpsal Deadline. Delivery Address: Sumner Cunty Bard f Educatin Attn: Purchasing Supervisr 1500 Airprt Rad Gallatin, TN The package cntaining the prpsal must be sealed and clearly marked n the utside f the package: 5. Prtests DO NOT OPEN In the event that any interested party finds any part f the listed specificatins, terms r cnditins t be discrepant, incmplete r therwise questinable in any respect; it shall be the respnsibility f the cncerned party t ntify the SCS Purchasing Office f such matters immediately upn receipt f the ITB. All ntificatins must be sent t the Purchasing Supervisr via at purchasing@sumnerschls.rg. Any actual r prspective Prpser wh is aggrieved in cnnectin with the ITB r award f a cntract may prtest t the Purchasing Supervisr and/r the Sumner Cunty Bard f Educatin at its regularly scheduled meeting. 6. New Vendrs T cmply with Internal Revenue Service requirements, all vendrs wh perfrm any type f service are required t have a current IRS Frm W-9 n file with the SCS Finance Department. It is a mandatry requirement t cmplete the IRS Frm W-9 (Attachment 1) included in this RFP. T cmply with the Tennessee Lawful Emplyment Act ( and ), nn-emplyees (individuals paid directly by the emplyer in exchange fr the individual s labr r services) must have n file ne (1) f the fllwing dcuments: A valid Tennessee driver s license r pht identificatin; A valid driver s license r pht identificatin frm anther state where the license requirements are at least as strict as thse in Tennessee; A birth certificate issued by a U.S. state, jurisdictin r territry; A U.S. gvernment issued certified birth certificate;

7 Page 6 f 12 A valid, unexpired U.S. passprt; A U.S. certificate f birth abrad (DS-1350 r FS-545) A reprt f birth abrad f a U.S. citizen (FS-240); A certificate f citizenship (N560 r N561); A certificate f naturalizatin (N550, N570 r N578); A U.S citizen identificatin card (I-197 r I-179); r Valid alien registratin dcumentatin r ther prf f current immigratin registratin recgnized by the United States Department f Hmeland Security that cntains the individual s cmplete legal name and current alien admissin number r alien file number (r numbers if the individual has mre than ne number).

8 Page 7 f 12 7.A Bid Frm Attn: Purchasing Supervisr 1500 Airprt Rad Gallatin, TN Date QUANTITY DESCRIPTION UNIT COST WALL MOUNT COMMERCIAL WATER HEATER 1 Brand Mdel N. 200 GALLON STORAGE TANK 1 Brand Mdel N. EXPANSION TANK 1 Brand Mdel N. GRAND TOTAL By checking this bx, Prpser agrees that SCS reserves the right t extend the terms, cnditins and prices f this cntract t ther Institutins (such as State, Lcal and/r Public Agencies) wh express an interest in participating in any cntract that results frm this ITB. Each f the piggyback Institutins will issue their wn purchasing dcuments fr the gds/service. Prpser agrees that SCS shall bear n respnsibility r liability fr any agreements between Prpser and the ther Institutin(s) wh desire t exercise this ptin. AUTHORIZED SIGNATURE: PRINTED NAME: TITLE: COMPANY NAME: PHONE:

9 Page 8 f 12 7.B IRS Frm W9

10 Page 9 f 12 ATTACHMENT 7.C Attestatin Re Persnnel ATTESTATION RE PERSONNEL USED IN CONTRACT PERFORMANCE CONTRACTOR LEGAL ENTITY NAME: FEDERAL EMPLOYER IDENTIFICATION NUMBER: (r Scial Security Number) The Cntractr, identified abve, des hereby attest, certify, warrant and assure that the Cntractr shall nt knwingly utilize the services f an illegal immigrant in the perfrmance f this Cntract and shall nt knwingly utilize the services f any subcntractr wh will utilize the services f an illegal immigrant in the perfrmance f this Cntract, T.C.A SIGNATURE & DATE: NOTICE: This attestatin MUST be signed by an individual empwered t cntractually bind the Cntractr.

11 Page 10 f 12 ATTACHMENT 7.D Standard Terms & Cnditins SUMNER COUNTY BOARD OF EDUCATION (SCS) 1. PREPARATION AND SUBMISSION OF BID. a. Failure t examine any drawings, specificatins, r instructins will be at the prpser s risk. Any deviatin frm the stated terms, cnditins and specificatins must be crdinated with and apprved in writing by the SCS Purchasing Supervisr. b. ITB SUBMITTAL / SIGNATURE: Prpsal shall give the full name and business address f the bidder. If the prpser is a crpratin, the name shall be stated as it is in the crprate charter. Prpsals must be signed in ink by the prpser's authrized agent. Unsigned prpsals will be rejected. Prpsals are t be sealed and the utside f the envelpe is t reference the ITB number. The persn signing the prpsal must shw their title, and if requested by SCS, must furnish satisfactry prf f his r her authrity t bind his r her cmpany in cntract. Prpser understands that by submitting a prpsal with an authrized signature, it shall cnstitute an ffer t SCS. Prpsals must be typewritten r in ink; therwise they may nt be cnsidered. Purchase rders will be issued t the firm name appearing n the W9. Facsimile respnses will nt be cnsidered. c. SCS is nt respnsible fr any csts incurred by any vendr pursuant t the ITB. The vendr shall be respnsible fr all csts incurred in cnnectin with the preparatin and submissin f its prpsal. d. All prpsers must be in cmpliance with T.C.A at the time f prpsal submissin and prvide evidence f cmpliance with the applicable prvisins f the chapter befre such prpsal may be cnsidered. e. Prpsals are t be received in the lcatin designated in the ITB n later than the specified date and time. Late submissins will NOT be pened r cnsidered. f. N erasures permitted. Errrs may be crssed ut and crrectins printed in ink r typewritten adjacent t errr and must be initialed in ink by persn signing the prpsal. g. Specificatins: Reference t available specificatins shall be sufficient t make the terms f the specificatins binding n the prpser. The use f the name f a manufacturer, r any special brand r make in describing an item des nt restrict the prpser t that manufacturer r specific article, unless specifically stated. Cmparable prducts f ther manufacturers will be cnsidered if prf f cmpatibility is cntained in the prpsal. Prpsers are required t ntify SCSs Purchasing Supervisr whenever specificatins/prcedures are nt perceived t be fair and pen. The articles n which the prpsals are submitted must be equal r superir t that specified. Infrmative and Descriptive Literature: The prpser must shw brand r trade names f the articles prpsed, when applicable. It shall be the respnsibility f the vendr, including vendrs whse prduct is referenced, t furnish with the prpsal such specificatins, catalg pages, brchures r ther data as will prvide an adequate basis fr determining the quality and functinal capabilities f the prduct ffered. Failure t prvide this data may be cnsidered valid justificatin fr rejectin f prpsal. h. Samples: Samples f items when called fr, must be furnished free f expense, and if nt destryed will, upn vendr's request within ten (10) days f prpsal pening, be returned at the prpser s expense. Each sample must be labeled with the prpser s name, manufacturer s brand name and number, ITB number and item reference. i. Time f Perfrmance: The number f calendar days in which delivery is t be made after receipt f rder shall be stated in the prpsal and may be a factr in making an award, price ntwithstanding. If n delivery time is stated in the prpsal, prpser agrees that delivery is t be made within tw weeks (10 business days) f rder. j. Transprtatin and delivery charges shuld be included in the price and be fully prepaid by the vendr t the destinatin specified in the ITB. Prpsal prices shall include delivery f all items F.O.B. destinatin. k. New materials and supplies must be delivered unless therwise specifically stated in the ITB. l. Alternate/multiple prpsals will nt be cnsidered unless specifically called fr in the ITB. m. Only prpsals submitted n ITB frms furnished by SCS will be cnsidered. n. By signing the ITB where indicated, the prpser agrees t strictly abide by all lcal, state and federal statutes and regulatins. The prpser further certifies that this prpsal is made withut cllusin r fraud.. Errr in Prpsal. In case f errr in the extensin f prices in the prpsal, the unit price will gvern. Late submissins will NOT be pened r cnsidered. Prpsers are cautined t verify their prpsals befre submissin, as amendments received after the ITB deadline will nt be cnsidered. N prpsal shall be altered, amended r withdrawn after pening. After prpsal pening, a prpser may withdraw a prpsal nly when there is bvius clerical errr such as a misplaced decimal pint, r when enfrcement f the prpsal wuld impse uncnscinable hardship due t an errr in the prpsal resulting in a qutatin substantially belw the ther prpsals received. Prpsal withdrawals will be cnsidered nly upn written request f the prpser.

12 Page 11 f OPEN RECORDS. In rder t cmply with the prvisins f the Tennessee Open Recrds Act, all prpsals will be publicly pened and are subject t public inspectin after the award upn written request. Prpsers may be present at ITB pening. Summary infrmatin will be psted the SCS website, under the Invitatin t Bid link. 3. ACCEPTANCE AND AWARD. SCS reserves the right t reject any and all prpsals and t waive any infrmality in prpsals and, unless therwise specified by the prpsers t accept any item in the prpsal. Actin t reject all prpsals shall be taken fr unreasnably high prices, errrs in the bid dcuments, cessatin f need, unavailability f funds, r any ther reasn apprved by SCS. a. Cntracts and purchases will be made with the lwest, respnsive, respnsible, qualified prpser. The quality f the articles t be supplied, their cnfrmity with the specificatins, their suitability t the requirements f the Institutin, cash discunt ffered, and the delivery terms will be taken int cnsideratin. b. Any deviatin frm these stated terms, specificatins and cnditins must be crdinated with and apprved in writing by the Purchasing Supervisr. c. Prices quted n the respnse (if any) are t be cnsidered firm and binding until the said equipment, supplies r services are in the pssessin f SCS. d. SCS reserves the right t rder mre r less than the quantity listed in the prpsal. e. If a prpsal fails t state a time within which a prpsal must be accepted, it is understd and agreed that SCS shall have ninety (90) days t accept. f. N purchase r cntract is authrized r valid until the issuance f a SCS purchase rder in accrdance with SCS plicy. N SCS emplyee is authrized t purchase equipment, supplies r services prir t the issuance f such a purchase rder. g. The cntract may nt be assigned withut written SCS cnsent. h. If the apprpriate space is marked n the ITB, ther Institutins (such as State, Lcal and/r Public Agencies) may purchase ff the cntract during the same perid as SCS. i. The awarded prpser will be required t pst a perfrmance and payment bnd in the amunt f 25% f the cntract price if it exceeds $100,000 as stated by T.C.A j. If the prject cst is in excess f $25,000 a perfrmance bnd must be secured by the requesting part in an amunt equal t the market imprvement value. 4. PAYMENT. Payment terms must be specified in the prpsal, including any discunts fr early payment. Partial payments will nt be apprved unless justificatin fr such payment can be shwn. Terms will be NET 30 days. Payment will nt be made until the cnditins and specificatins f the ITB are inspected and apprved as cnfrming by persns appinted by SCS. 5. DEFAULT OF SELECTED VENDOR. In case f vendr default, SCS may prcure the articles r services frm ther surces and hld the defaulting vendr respnsible fr any resulting cst. If the awarded vendr vilates any terms f their prpsal, the cntract, SCS plicy r any law, they may be disqualified frm submitting prpsals fr a perid f tw years fr minr vilatins r lnger fr majr vilatins. Prpsals frm disqualified bidders will nt be accepted during the perid f disqualificatin. 6. INSPECTION OF PURCHASES. Articles received which are nt equivalent will nt be accepted and will be picked up by the vendr r returned t vendr, shipping charges cllect. SCS shall have a reasnable perid in which t inspect and accept r reject materials withut liability. If necessity requires SCS t use nncnfrming materials, an apprpriate reductin in payment may be made. 7. TAXES. SCS is tax exempt; d nt include taxes in qutatin. Vendrs making imprvements r additins t r perfrming repair wrk n real prperty fr SCS are liable fr any applicable sales r use tax n tangible persnal prperty used in cnnectin with the cntract r furnished t vendrs by the state fr use under the cntract. 8. NONDISCRIMINATION. SCS is an equal pprtunity emplyer. SCS and bidder agree t cmply with Titles VI and VII f the Civil Rights Act f 1964, Title IX f the Educatin Amendments f 1972, Sectin 504 f the Rehabilitatin Act f 1973, Executive Order 11,246, the Americans with Disabilities Act f 1990 and the related regulatins t each. Each party assures that it will nt discriminate against any individual including, but nt limited t emplyees r applicants fr emplyment and/r students, because f race, religin, creed, clr, sex, age, disability, veteran status r natinal rigin. In the event that any claims shuld arise with regards t vilatins f any such lcal, state r federal law, statues, rule r regulatins, the vendr will indemnify and hld SCS harmless fr any damages, including curt csts r attrney fees, which might be incurred.

13 Page 12 f PROHIBITIONS/NO VENDOR CONTRACT FORM. Acceptance f gifts frm vendrs is prhibited. T.C.A The cntract dcuments fr purchase under this ITB shall cnsist f the successful prpser s prpsal and SCSs purchase rder. The prpser may request exceptins t terms and cnditins and/r request SCS t accept ther terms and cnditins by means f subsequent dcuments such as invices, warranty agreements, license agreements, etc. All subsequent dcuments shall be pen t revisin fr impermissible language. SCS reserves the right t render the prpsal unrespnsive and subject the prpsal t rejectin if successful terms cannt be negtiated. 10. PROHIBITION ON HIRING ILLEGAL IMMIGRANTS. Tennessee Public Chapter N. 878 f 2006, T.C.A , requires that Cntractr attest in writing that Cntractr will nt knwingly utilize the services f illegal immigrants in the perfrmance f this Cntract and will nt knwingly utilize the services f any subcntractr, if permitted under this Cntract, wh will utilize the services f illegal immigrants in the perfrmance f this Cntract. The attestatin shall be made n the frm, Attestatin re Persnnel Used in Cntract Perfrmance ( the Attestatin ), which is attached and hereby incrprated by this reference. 11. SALES AND USE TAX. Befre the Purchase Order/Cntract resulting frm this ITB is signed, the apparent successful prpser must be registered with the Department f Revenue fr the cllectin f Tennessee sales and use tax as required by T.C.A ASSIGNMENT. Neither the vendr nr SCS may assign this agreement withut prir written cnsent f the ther party. 13. LIABILITIES. The vendr shall indemnify SCS against liability fr any suits, actins r claims f any character arising frm r relating t the perfrmance under this agreement by the vendr r its subcntractrs. SCS has n bligatin fr the payment f any judgement r the settlement f any claim made against the vendr r its subcntractrs as a result f bligatins under this cntract. 14. APPLICABLE LAW. Any cntract shall be interpreted under the laws and statutes f the State f Tennessee. SCS des nt enter int cntracts which prvide fr mediatin r arbitratin. Any actin arising frm any cntract made frm this RFP shall be brught in the state curts in Sumner Cunty, TN r in the United States Federal District Curt fr the Middle District f Tennessee. Additinally, it is a vilatin f state statutes t purchase materials, supplies, services r any ther item frm a vendr that is a cmmissiner, fficial, emplyee r bard member that has any financial r beneficial interest in such transactin, T.C.A FUNDS. The Prpser understands and accepts the nn-apprpriatin f funds prvisin f SCS. 16. DATA PRIVACY AND SECURITY. Persnal Infrmatin (PI) includes but is nt limited t that infrmatin prtected by HIPAA, the HITECH Act, FERPA, r Gramm-Leach-Bliley) r such infrmatin which wuld allw a third party t gain access t the persnal, medical r financial recrds f any f any party. Vendr represents and warrants that its cllectin, access, use, strage, dispsal and disclsure f PI cmplies with all applicable federal and state privacy and data prtectin laws. Vendr represents and warrants that Vendr will maintain cmpliance with the SSAE 16 standard, and shall undertake any audits and risk assessments Vendr deems necessary t maintain cmpliance with SSAE16. If PI prvided by SCS t Vendr is subject t FERPA. Vendr agrees that in its handling f FERPA data it will perfrm as a schl fficial as that term is defined by FERPA regulatins. Vendr acknwledges that its imprper disclsure r re-disclsure f PI cvered by FERPA may, under certain circumstances, result in Vendr's exclusin frm eligibility t cntract with SCS fr at least five (5) years. Vendr shall prvide SCS with the name and cntact infrmatin fr an emplyee f Vendr wh shall serve as SCS's primary security cntact and shall be available t assist Custmer twenty-fur (24) hurs per day, seven (7) days per week as a cntact in reslving bligatins assciated with any security incident in which it is reasnably suspected that there has been a breach f infrmatin security. Vendr shall immediately mitigate r reslve any Security Incident, at Vendr's expense and in accrdance with applicable privacy rights, laws, regulatins and standards. Vendr shall reimburse SCS fr actual csts incurred by SCS in respnding t, and mitigating damages caused by, any Security Incident, including all csts f ntice and/r remediatin incurred under applicable law as a result f the Security Incident. 17. IRAN DIVESTMENT ACT. By submissin f this prpsal, each prpser and each persn signing n behalf f any prpser certifies, and in the case f a jint prpsal each party theret certifies as t its wn rganizatin, under penalty f perjury, that t the best f its knwledge and belief that each prpser is nt n the list created pursuant t T.C.A