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November 12, 2013 BID # 13-14-32 Dear Vendor: Los Fresnos Consolidated Independent School District invites your Bid on a Back-Up Generator and Automatic Transfer Switch for our Network Operating Center. Bids will be received and opened in the Purchasing Department located at 32703 State Highway 100, Los Fresnos, Texas, at 2:00 P.M. Tuesday, December 3, 2013. Bids are to be net F.O.B., Los Fresnos C.I.S.D., Central Receiving and Distribution Center at 32703 State Hwy 100, Los Fresnos, Texas 78566. Bids will not be awarded on opening but after study and consideration by the Board of Trustees. Los Fresnos C.I.S.D. reserves the right to hold proposal prices ninety (90) days after bid opening without acting on them. Any bids received after the time set for opening will be returned to vendor unopened. The District will not be responsible for missent or misplaced bids. Vendors are solely responsible to ensure that their bids are received in the Purchasing Office no later than above mentioned opening time. Please mail bids to: Los Fresnos Consolidated Independent School District Attn: Antonio Rodriguez, Purchasing Director P.O. Box 309 Los Fresnos, Texas 78566 The right is reserved, as the interest of the owner may require, to reject any or all bids and to waive any formalities in bids received and accept the proposal most advantageous to the District. Please note the attached conditions of the proposal. The District requests that all bids be submitted on the enclosed proposal forms. No advance payment will be made to the vendor receiving the proposal award. Payment will be made after merchandise is received in good order. Sincerely,

Antonio Rodriguez Purchasing Director

xc:

David Young, Chief Finance Officer Billy Simpson, IT Director P.O. Box 309 / 32703 State Hwy 100, Los Fresnos, Texas 78566 PH: (956) 254-5115 FAX: (956) 233-3939

LOS FRESNOS CONSOLIDATED INDEPENDENT SCHOOL DISTRICT P.O. BOX 309 - 600 MESQUITE LOS FRESNOS, TEXAS 78566 (956) 254-5115 FAX: (956) 233-3939 NETWORK OPERATING CENTER BACK-UP GENERATOR AND AUTOMATIC TRANSFER SWITCH CSP # 13-14-32 2013-2014 School Year NOTICE TO BIDDERS Items below apply to and become a part of Terms and Conditions of proposal unless superseded by any attached terms and supplemental conditions or specifications, in which case, attached conditions will prevail. STANDARD TERMS AND CONDITIONS ANY EXCEPTIONS MUST BE IN WRITING A. Opening Sealed Bids (1)

All sealed bids received will be opened publicly on Tuesday, December 3, 2013 at 2:00 P.M. at the Purchasing Department at 32703 State Highway 100, Los Fresnos, Texas 78566

(2)

The closing time for sealed bids is final. Bids received after the closing time will not be opened or considered.

(3)

Submitted bids are final and may not be altered. Vendors may, however, submit sealed alternative bids before the closing time to substitute prices on their formal proposal, in which case only the substitute prices on their formal proposal will be considered.

(4)

No proposal can be withdrawn after opening without approval of the Chief Finance Officer or the Purchasing Director based upon a written acceptable reason.

B. Proposal Quotation Form (1)

Bids should be submitted on the form provided. Each proposal shall be placed in a separate envelope, sealed, and properly identified with the proposal title and the time and date to be opened. Bids must be received in the Purchasing Office before the hour and date specified. Late bids will not be considered under any circumstances and will be returned unopened.

(2)

Bids must show the full name and address of the bidder if different than the name and address shown on the proposal request. Failure to manually sign proposal will disqualify it. Person signing proposal should show title of authority to bind their firm to a contract.

(3)

Proposal cannot be altered or amended after opening time. Alterations made before opening time must be signed by the bidder or his agent. Withdrawal of a proposal, or failure to honor a proposal, may result in the deletion of the company from future proposal requests 2

STANDARD TERMS AND CONDITIONS – Page 2 (4)

Prices should be F.O.B. Destination, inside delivery. Otherwise, they must show the exact or estimated cost to deliver.

(5) a) Delivery: Proposal must show the number of days required to deliver the articles to the specified location under normal conditions after receipt of an order. Deliveries under terms of the request for sealed bids will be in accordance with the dates indicated therein, except where no date is indicated, the vendor will enter the earliest date that can be assured. If delays are foreseen, written notice shall be given to the District who will take the extensions under advisement. Vendors should keep the District advised of the status of orders, as failure to meet delivery date may result in removal from the approved bidder’s list. Delivery of purchases in good condition will be the vendor’s responsibility and no delay in receipt of replacement items will be contingent upon claim adjustment by carrier. All goods are subject to inspection and return at the expense of the vendor if found to be inferior to those specified. (5) b) Delivery shall be made during normal working hours unless prior approval has been obtained from the District. (6)

Installations: (If applicable) The successful proposal shall provide the following services and requirements at no additional cost above the initial proposal price on machinery or furniture: provide transportation of the items to the building, locating the items in the proper location within the building, uncrating, completing assembly and adjustment by a trained installation mechanic and removing all debris. Machinery is to be complete and made ready for electrical and/or fluid service connection by the School District. After connection, the machine is ready, started, checked and malfunction of the equipment is corrected. All materials, equipment and labor to place machinery in top operating condition or to fully assemble furniture must be provided.

(7)

Unit price on quantity specified must be proposal, extended and total shown. In case of errors in extensions, unit price shall govern.

(8)

Proposal prices must be firm for acceptance 60 days from proposal opening date.

(9)

The District is exempt from Federal Tax, State Tax and Local Tax. Tax is not included in proposal. If it is determined that tax was included in the proposal, it will not be included in the tabulation or any awards. Tax exemption certificate will be furnished upon request.

C. Items Proposal Instruction (1) a) Any catalog, brand name, or manufacturers' reference used in the proposal request is descriptive not restrictive - it is intended to indicate type and quality desired. Bids on brands of like nature and quality will be considered. If proposing on other than referenced specifications, bids must show manufacturer, brand, model, etc., of article offered. If other than brand(s) specified is offered, complete descriptive information of each article being proposed should be included with the proposal. If proposal takes no exception to specifications of referenced data, he will be required to furnish brand names, models, etc. as specified.

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STANDARD TERMS AND CONDITIONS – Continued (1) b) All proposal items should be designated “as specified, or “as equal”. (2)

Samples, when requested, must be furnished at no cost to the District. If not destroyed in examination they will be returned to the proposer on request at his expense. Each sample, when requested, should be marked with proposal name and item number on the proposal. Proposal must not be enclosed in, or attached to sample.

(3)

All items must be new, in excellent condition, including containers suitable for shipment and storage, unless otherwise indicated on the proposal.

D. Proposal Approval (1)

All accepted bids will be tabulated and will be awarded in accordance with Board policy.

(2)

After the bids have been opened and tabulated they will be available for those interested to copy or study; they shall not, however, be removed from the Business Office.

(3)

If no acceptable bids are received, the proposed acquisition will be re-advertised seeking an acceptable proposal.

(4)

The District reserves the right to accept or reject all or any bids, waive minor technicalities, and award the proposal to best serve the interest of the District.

(5)

The District reserves the right to purchase additional articles as listed on this proposal subject to verification of the same or lower prices and conditions as proposal.

(6)

All items quoted must conform to appropriate Local, State, and Federal ordinances, statutes and regulations governing the sale and utilization of the items.

(7)

During the performance of this contract, the contractor agrees not to discriminate against any employee or applicant for employment because of race, color, national origin, religion, gender, marital or veteran status, or handicapping condition.

(8)

NO PROPOSAL: Quote form should be signed and returned if bidder is unable to quote at this time but wishes to remain on bidder’s list.

(9)

All contracts and agreements between merchants and Los Fresnos CISD shall strictly adhere to the statues as set forth in the Uniform Commercial Code as last amended in 1990 by the American Law Institute in the National Conference of Commissioners on Uniform State Laws. (Reference): Uniform Commercial Code, 1990 Official Text.

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LOS FRESNOS CONSOLIDATED INDEPENDENT SCHOOL DISTRICT P.O. BOX 309 - 600 MESQUITE STREET LOS FRESNOS, TEXAS 78566 (956) 254-5115

FAX: (956) 233-6288 NETWORK OPERATING CENTER BACK-UP GENERATOR AND AUTOMATIC TRANSFER SWITCH CSP # 13-14-32 2011 - 2012 School Year

INSTRUCTIONS TO BIDDERS: 1.

Propose items will be considered on a combined low proposal basis, meeting specifications, and determined to be most advantageous to the District.

2.

The District reserves the right to increase or decrease quantities of items awarded.

3.

The District reserves the right to reject any or all bids, and to waive any formalities in bids received and accept the proposal most advantageous to the District.

4.

Los Fresnos CISD reserves the right to hold bids ninety (90) days before acting on them and award to the lowest responsible bidder.

5.

Payment for products will be made net 30 days. Invoices may not be submitted until corresponding products have been delivered.

6.

Bids shall be on the attached Proposal Form and sealed in an envelope clearly marked: NETWORK OPERATING CENTER GENERATOR AND AUTOMATIC TRANSFER SWITCH CSP # 13-14-32 Due Date: December 3, 2013 – 2:00 P.M. Attn: Antonio Rodriguez Purchasing Director

7.

Proposal period is from opening of the proposal to the completion of the contract.

8.

Offerors are prohibited from approaching members of the Board of Trustees or any officer of the District in an attempt to gain an advantage in the award process prior to award of the contract. The District may, by written notification to the offeror, reject an offer for violation of this clause.

9. The Los Fresnos C.I.S.D. reserves the right to review and renew up to two (2) consecutive years and /or terminate contract at the expiration of each budget period. The contract is for current revenues only. If termination of contract is necessary, the successful vendor will not add any termination penalties to said contract. 10.

Vendors must provide and maintain an active E-Mail address and/or Fax number where Purchase Orders can be delivered throughout the Contract term. 5

LOS FRESNOS CONSOLIDATED INDEPENDENT SCHOOL DISTRICT P.O. BOX 309 - 600 MESQUITE STREET LOS FRESNOS, TEXAS 78566 NETWORK OPERATING CENTER BACK-UP GENERATOR AND AUTOMATIC TRANSFER SWITCH – Proposal # 13-14-32 2013 - 2014 School Year

SPECIFICATIONS 1. Preconference Meeting Friday, November 22nd, 2013 at the Primary Building at 32614 State Hwy 100, Los Fresnos, TX. 78566 at 10:00 A.M. 2. One (1) Generac Model SD300 Diesel Engine, standard features as per 0185620SBY 175 kW, 219 kVA, at 0.8 Power Factor, 277/480 VAC, 3 Phase, 60 Hertz, 1800 RPM, with all Water proof housing Fuel tank 438 gal 120/240 volts 3. One (1) Automatic Transfer Switch, 1200 Amp 4. Turnkey installation includes shipping, fuel, concrete pad, electrical and mechanical installation, and all necessary parts to operate as per factory specifications.

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LOS FRESNOS CONSOLIDATED INDEPENDENT SCHOOL DISTRICT Network Operating Center Back-Up Generator and Automatic Transfer Switch CSP # 13-14-32

The Los Fresnos CISD reserves the right to reject any or all bids submitted and to waive any formalities and to make the award in the best interest of the District. The undersigned state the product furnished by the company represented will be of high-grade quality and the service and delivery will be adequate for the District's needs. QUOTE FORM: Back-Up Generator Price: _____________________________ Automatic Transfer Switch Price: _______________________ Turn-key Price: ______________________________________ Days To Delivery (including installation): ________________

Signature of Company Representative

Date

Printed Name of Representative

Title

Company Name

Address

City/State

Telephone Number

PURCHASE ORDER E-MAIL ADDRESS:______________________________________________________ PURCHASE ORDER FAX NUMBER: _________________________

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LOS FRESNOS CONSOLIDATED INDEPENDENT SCHOOL DISTRICT Back-Up Generator and Automatic Transfer Switch CSP # 13-14-32 NON-COLLUSIVE CERTIFICATION I/We have read instructions and specifications. My/Our quote conforms with all specifications, conditions, and instructions as outlined by Los Fresnos Consolidated Independent School District. Signing the Acknowledgment Form confirms that our company will enter into a binding contract with Los Fresnos Consolidated Independent School District for item(s) awarded to our company. I/We have read instructions and specifications. The undersigned, by signing and executing this quote, certifies and represents to the Los Fresnos Consolidated Independent School District that vendor has not been offered, conferred or agreed to confer any pecuniary benefit, as defined by §1.07(a)(6) of the Texas Penal Code, or any other thing of value as consideration for the receipt of information or any special treatment or advantage relating to this quote; the vendor also certifies and represents that vendor has not offered, conferred or agreed to confer any pecuniary benefit or other things of value as consideration for the recipient's decision, opinion, recommendation, vote or other exercise of discretion concerning this quote; the vendor certifies and represents that vendor has neither coerced nor attempted to influence the exercise of discretion by any officer, trustee, agent of employee of the Los Fresnos Consolidated Independent School District concerning this quote on the basis of any consideration not authorized by law; the vendor also certifies and represents that vendor has not received any information not available to other vendors so as to give the undersigned a preferential advantage with respect to this quote; the vendor further certifies and represents that vendor has not violated any state, federal or local law, regulation or ordinance relating to bribery, improper influence, collusion or the like and that vendor will not in the future offer, confer, or agree to confer any pecuniary benefit or other thing of value to any officer, trustee, agent or employee of the Los Fresnos Consolidated Independent School District in return for the person having exercised the person's official discretion, power or duty with respect to this quote; the vendor certifies and represents that it has not now and will not in the future offer, confer, or agree to confer a pecuniary benefit or other thing of value to any officer, trustee, agent or employee of the Los Fresnos Consolidated Independent School District in connection with information regarding this quote, the submission of this quote, the award of this quote or the performance, delivery or sale pursuant to this quote.

COMPANY NAME:

AUTHORIZED SIGNATURE:

(print name) ADDRESS:

PHONE:

FAX: 8

CONFLICT OF INTEREST QUESTIONNAIRE For vendor or other person doing business with local governmental entity This questionnaire is being filed in accordance with chapter 176 of the Local Government Code by a person doing business with the governmental entity.

FORM CIQ Page 1

OFFICE USE ONLY Date Received

By law this questionnaire must be filed with the records administrator of the th local government not later than the 7 business day after the date the person becomes aware of facts that require the statement to be filed. See section 176.006, Local Government Code. A person commits an offense if the person violates Section 176.006, Local Government Code. An offense under this section is a Class C misdemeanor. 1.

2.

Name of person doing business with local governmental entity.

Check this box if you are filing an update to a previously filed questionnaire. (The law requires that you file an updated completed questionnaire with the appropriate filing authority not later than September 1 of the year for which an activity described in Section th 176.006(a), Local Government Code, is pending and not later than the 7 business day after the date the originally filed questionnaire becomes incomplete or inaccurate.)

3.

Name each employee or contractor of the local governmental entity who makes recommendations to a local government officer of the governmental entity with respect to expenditures of money AND describe the affiliation or business relationship.

4.

Name each local governmental officer who appoints or employs local government officers of the governmental entity for which this questionnaire is filed AND describe the affiliation or business relationship.

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CONFLICT OF INTEREST QUESTIONNAIRE For vendor or other person doing business with local governmental entity 5.

FORM CIQ Page 2

Name of local government officer with whom filer has affiliation or business relationship. (Complete this section only if the answers to A, B, or C is YES. This section, item 5 including subparts A, B, C & D, must be completed for each officer with whom the filer has affiliation or other relationship. Attach additional pages to this Form CIQ as necessary.

A.

Is the local government officer named in this section receiving or likely to receive taxable income from the filer of the questionnaire? Yes

B.

Is the filer of the questionnaire receiving or likely to receive taxable income from or at the direction of the local government officer named in this section AND the taxable income is not from the local governmental entity? Yes

C.

No

Is the filer of this questionnaire affiliated with a corporation or other business entity that the local government officer serves as an officer or director, or holds an ownership of 10 percent of more? Yes

D.

No

No

Describe each affiliation or business relationship.

6.

Signature of person doing business with the government entity

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Date

Contractor Certification Form Criminal History Record Information Review of Certain Contract Employees

Contractor must comply with Section 22.0834. Criminal History Record Information Review of Certain Contract Employees, Texas Education Code. Before work on this Contract begins, Contractor shall obtain criminal history record information through the criminal history clearinghouse as provided by Section 411.0845, Government Code relating to an employee or applicant who has or will have continuing duties related to the contracted services; and the employee or applicant has or will have direct contact with students. The Contractor must obtain criminal history record information before or immediately after employing or securing the services of the employee or applicant that has or will have continuing duties related to the contracted services if the employee or applicant has or will have direct contact with students. The Contractor further agrees that he shall assume all expenses associated with the criminal background check and shall immediately remove any employee or agent who was convicted of a felony, or misdemeanor involving moral turpitude, as defined by Texas law, from District property or the location where students are present. Please visit Guide for School Contractors Section for additional information regarding Senate Bill 9. I, the undersigned authorized agent for the company named below, certify that I have complied with the procedures outlined above. First Name:___________________________ Last Name:_____________________________ EnterBid/RFP:__________________________________________________________________ Yes, I certify that the Company/Firm does not have employees working where children are present. Company Name:________________________________________________________________ Address:______________________________________________________________________ City:_____________________________ State:____________________ Zip:________________ Telephone:___________________________ Fax:_____________________________________ E-mail:___________________________ Signature:_______________________ Date_________ IMPORTANT By submitting this form, I am indicating that I am complying with Senate Bill 9, Section 22.0834 Criminal History Record Information Review of Certain Contract Employees, Texas Education Code. Antonio Rodriguez, Director Purchasing Department 600 N Mesquite Los Fresnos, TX 78566 Phone (956) 254-5115, Fax (956) 233-3939

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