BID-CONTRACT DOCUMENTS for Bid Number 12C107 NURSING MANIKINS WITH COMPONENTS
Chaffey Community College District 5885 Haven Avenue Rancho Cucamonga, California 91737 (909) 652-6708
TABLE OF CONTENTS BID NO. 12C107 BID-CONTRACT DOCUMENTS
I.
TABLE OF CONTENTS
II.
NOTICE CALLING FOR BIDS
III.
INSTRUCTIONS TO BIDDERS
IV.
BID FORM AND NONCOLLUSION AFFIDAVIT
V.
GENERAL CONDITIONS
VI.
SPECIAL CONDITIONS
VII.
SPECIFICATIONS
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NOTICE CALLING FOR BIDS NOTICE IS HEREBY GIVEN that, pursuant to Section 20651 of the California Public Contract Code, Chaffey Community College District of the County of San Bernardino, California, acting by and through its Governing Board, hereinafter referred to as the “District”, will receive on or before 2:00 p.m. on October 6, 2011 (the “Bid Opening”), sealed bids for the award of a contract for: BID NUMBER 12C107, NURSING MANIKINS WITH COMPONENTS Bid Number 12C107 is for the procurement of two (2) Simman 3g Complete with 17” Monitor and Components as described in the Bid Documents. Bids shall be submitted on the form furnished by District in a sealed envelope marked with the bidder’s name and return address, and labeled and delivered to: Bid Number 12C107, Chaffey Community College District, Purchasing Services Manager, 5885 Haven Avenue, Rancho Cucamonga, California 91737-3002. All bids received on or before the Bid Opening deadline will be opened and read aloud publicly at the above stated time and place. Each bid must conform and be responsive to the Bid-Contract Documents, copies of which are on file and may be obtained from the Purchasing Services Manager at the above address, or by calling (909) 652-6708, or at http://www.chaffey.edu/purchasing/Bids/commoditybids.shtml. No bid security is required for this Bid. No bidder may withdraw a submitted bid for a period of sixty (60) days after the Bid Opening. The deadline for receipt of requests for product, material, or equipment substitutions (“Product Substitutions”) is 2:00 p.m. on September 26, 2011, at the address specified above for the receipt of bids. The District will notify bidders of whether a proposed Product Substitution is accepted or rejected via addendum. No substitutions will be considered after the Bid Opening. The District reserves the right to reject any or all bids and to waive any irregularities or informalities in any bid or in the bidding procedure. The District does not discriminate against any person or firm interested in providing goods and services to the District on the basis of race, color, religion, sex or sexual orientation, marital status, national origin, age, veterans’ status or handicap. Governing Board, Chaffey Community College District County of San Bernardino, California By:
Mark B. Logan, C.P.M., CPPO Purchasing Services Manager
Published:
September 15, 2011 September 22, 2011
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INSTRUCTIONS TO BIDDERS 1.
Bid Form The District invites bids to be submitted on the bid form furnished by District by no later than the date and time stated in the Notice Calling for Bids. Submit in a sealed envelope as required in the Notice Calling for Bids. All spaces on the bid form must be completed using ink, a printer or typewriter. Insert “N/Q” for “Not Quote” where appropriate. No erasures are permitted. Mistakes must be crossed-out and corrections printed adjacent, initialed in ink by the person signing the bid form before the Bid Opening. It is the sole responsibility of the bidder that the bid is received by Bid Opening. Any bid received after the Bid Opening will be returned to the bidder unopened. a.
Signature The bid must be signed in the name of the bidder and must bear the signature in longhand of the person or persons duly authorized to sign the bid on behalf of the bidder.
b.
Modifications Changes in, or additions to, the bid form, recapitulations of the work bid upon, alternative proposals, or any other modification of the bid form which is not specifically required or allowed in the Bid-Contract Documents may result in the District’s rejection of the bid as not responsive and not responsible to the BidContract Documents. No oral, telephonic, facsimile or telegraphic modification of any bid submitted will be considered.
c.
Brand Names and Substitution Requests Brand names, where specified, are included to indicate type and quality expected. Unless specified “No Product Substitutions” in the Specifications, equal alternates for products, materials and equipment will be considered for substitution (“Product Substitutions”). Otherwise, the deadline for receipt of requests for Product Substitutions is specified in the Notice Calling for Bids. Bidder shall state the brand name and number of Product Substitution to be provided; otherwise, it shall be understood that the bidder is bidding on the exact brand and number specified in the bid form. Substitute brands may be accepted at District’s sole discretion if deemed equal in all respects to that specified. Samples of substitutes with trade numbers must be submitted to the Purchasing Department. A bidder must clearly mark samples with the Bid Number, bidder’s name, address, telephone, and other contact information, and must furnish all samples at bidder’s sole expense - no expense to District. Such samples, if not destroyed by tests, will become the property of District, unless otherwise
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requested at time of submission of the samples. Any samples returned shall be at bidder’s liability and at bidder’s expense. District reserves the right to be the sole judge regarding the suitability of the products, services or supplies offered, and whether deviations are acceptable. The District will notify bidders of whether a proposed Product Substitution is accepted or rejected via addendum. d.
Sales Tax Do not include California State Sales or Use Tax in your bid prices.
e.
Definitions The definitions set forth below or in other Bid-Contract Documents are applicable to all Bid-Contract Documents. (1) The term “Addenda” means written or graphic instruments issued by District before the Bid Opening which modify or interpret the Bid-Contract Documents by additions, deletions, clarifications, or corrections. (2) The term “Bidder” or “bidder” means a vendor, or its employees, representatives or agents, that submits a bid. (3) The terms “District”, “Owner”, “College” or “Governing Board” as used herein shall all be deemed to mean the Chaffey Community College District and Chaffey College or its representatives and Governing Board. (4) The term “Purchase Order” means a contract for the purchase of goods. (5) The term “Unit Price” means a fixed price per unit of measurement for an item to be purchased and shipped F.O.B. Destination/Shipping Point from the bidder as offered in its bid.
2.
Bid Security No bid security is required.
3.
Bid-Contract Documents The “Bid-Contract Documents” mean: Table of Contents Notice Calling for Bids Instructions to Bidders Bid Form and Non-Collusion Affidavit General Conditions Special Conditions Specifications
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IRS Form W-9 The District reserves the right to revise the Bid-Contract Documents before the Bid Opening by issuing an addendum. Any revision to the Bid-Contract Documents after acceptance of a bid by issuance of a Notice of Award must be made by a written change notice signed by the District. 4.
Interpretation/Clarification of Bid-Contract Documents Any request for interpretation or clarification of the Bid-Contract Documents or for additional information must be submitted in writing to: Isela Armijo Purchasing Services CHAFFEY COMMUNITY COLLEGE DISTRICT 5885 Haven Avenue Rancho Cucamonga, CA 91737 Office: (909) 652-6708 Fax: (909) 652-6704 Email:
[email protected] The deadline to submit requests for interpretation or clarification for responses to be included in the final addendum is 2:00 p.m. on September, 26, 2011. The bidder submitting the request is responsible for its prompt delivery. Facsimile, email or other reasonable and customary written correspondence, are acceptable means of communication.
5.
Addenda Any response that DISTRICT may choose to make for purposes of interpretation or clarification will be in writing and issued in an addendum. Addenda, if necessary, will be released only by the District and at least 72 hours before the Bid Opening. Addenda will be identified as such and will be posted to the District’s Purchasing Department website at http://www.chaffey.edu/purchasing/Bids/commoditybids.shtml. At its sole discretion, the District may elect to deliver addenda via email, facsimile, U.S. Mail or carrier to those who have provided such contact information for receipt of addenda to Isela Armijo at the location above in paragraph 4. Addenda withdrawing the Notice Calling for Bids or postponing the Bid Opening may be issued anytime before the Bid Opening. Each bidder is solely responsible for ascertaining, before submitting a bid, that it has received all addenda. No person is authorized to make oral interpretation or clarification or changes of any provision of the Bid-Contract Documents to any bidder; and no bidder is authorized to rely on any such unauthorized oral communications.
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6.
Examination Bid-Contract Documents Each bidder shall fully acquaint itself with the conditions relating to delivery or other aspects of the contract so that the bidder may fully understand the facilities, difficulties, restrictions and expectations attending the execution of the contract. Bidders shall thoroughly examine and be familiar with the Bid-Contract Documents. The failure or omission of any bidder to receive or examine any bid or contract document, form, instrument, addendum, or any other document or to visit the District’s Campus site or website and become acquainted with existing conditions shall in nowise relieve any bidder from any obligation with respect to the bidder’s bid or to the contract. The submission of a bid shall be taken as prima facie evidence of compliance with this section.
7.
Withdrawal of Bids Any bidder may withdraw its bid by written request, in the form of a letter, facsimile, email or other written correspondence, at any time before the Bid Opening. After the Bid Opening, bids cannot be withdrawn, corrected, altered or signed. Each bidder must verify its bid before submission. The District will not be responsible for errors or omissions on the part of the bidders in preparing their bids.
8.
Time for Opening The stamped time from the date-time clock located at the bid collection point will be the official time for the Bid Opening. Bids stamped at :01 after the hour will be rejected and returned to the bidder unopened. Bids will be publicly opened and read aloud in the Purchasing Department or other place designated in the Notice Calling for Bids on the same day promptly following the Bid Opening.
9.
Bidders Interested in More Than One Bid No person, firm or corporation shall be allowed to make, or file or be interested in more than one bid for the same contract unless alternate bids are specifically invited. A person, firm or corporation that has submitted a sub-proposal or sub-bid to a prime bidder, or that has quoted prices of materials to a bidder is not thereby disqualified from submitting a sub-proposal or sub-bid or quoting prices to other bidders or making a prime bid.
10.
Award District fully reserves the right to reject any bid, or to reject all bids and make no award, or to make or to waive any informality or irregularity in any bid received or in the bidding process, and to be the sole judge of the merits of the respective bids received. District may reject any bid that, in its opinion when compared to other bids received or to District’s internal estimates, does not accurately reflect the cost estimates of the goods or services to be purchased. District may reject as non-responsive any bid that unevenly weights or allocates overhead and profit to one or more particular item. No part of the
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Bid-Contract Documents commits the District to entering a contract, nor does it obligate District to pay any costs incurred in preparation and/or submission of a bid from any bidder. The award of the contract, if made by the District upon approval of the District’s Governing Board, will be to the lowest responsive and responsible bidder, unless otherwise provided below. The decision of the District in such matters shall be final. The lowest bid will be the lowest Total Sum of All Unit Prices on the Bid Form. If the District discovers that a bidder made a mistake in calculating the Total Sum of All Unit Prices on its bid form, the true and correct calculation of the Total Sum of All Unit Prices shall be deemed the amount the bidder intended to enter and shall be used in determining the lowest bid. A responsive bid is one that materially complies with the form or content requirements of the Bid-Contract Documents. A responsible bidder is a bidder who has the ability to satisfactorily perform the contract. As evidence of responsibility, upon the request of the District, a bidder whose bid is under consideration for contract award shall promptly submit to the District satisfactory evidence showing the bidder’s financial resources, experience and organization and plant facilities available for the performance of the contract. The decision regarding the bidder’s responsibility shall be formed on the basis of the preponderance of information submitted or the lack thereof, and the District’s decision shall be final on such matters.
The District’s Purchasing Services Department will post the Bid Opening results and the Recommendation to Award the Contract to the lowest responsive-responsible bidder on the Department’s website at. Upon the Governing Board’s approval to award the contract, the District shall issue a Notice of Award to the lowest responsive-responsible bidder. Receipt of the Notice of Award constitutes the District’s acceptance of the bidder’s offer and the award of the contract. The District may then issue a purchase order on an individual item or combination of items, whichever is to the best interest of the District. Bidder is not authorized to ship goods without an approved District purchase order issued by the Purchasing Services Department. 11.
Alternates – Not Used.
12.
Worker’s Compensation In accordance with the provisions of California Labor Code section 3700, contractors shall secure the payment of compensation to their employees. By signing the Bid Form, a bidder certifies to the District the following: I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker’s
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compensation or to undertake self-insurance in accordance with the provisions of the code, and I will comply with such provisions before commencing the performance of the work of this contract. 13.
Forfeiture for Failure to Perform or Execute a Contract In the event the bidder to whom an award is made fails or refuses to perform under or to execute the contract, if required, within five (5) calendar days from the date of receiving the Notice of Award, the District may declare the bidder non-responsive and may award to the next lowest bidder, or may reject all bids and call for new bids.
14.
Bid Protest Any bidder submitting a bid to the District may file a protest of the District's Recommendation to Award the Contract provided that each and all of the following are satisfied: a.
The bid protest is in writing;
b.
The bid protest is filed and received by the District's Purchasing Services Manager not more than five (5) calendar days following the date of issuance of the District's Recommendation to Award the Contract; and
c.
The written bid protest sets forth, in detail, all grounds for the bid protest, including without limitation all facts, supporting documentation, legal authorities and argument in support of the grounds for the bid protest. All factual contentions must be supported by competent, admissible and creditable evidence. Any matters not set forth in the written bid protest shall be deemed waived.
Any bid protest not conforming to the foregoing shall be rejected by the District as invalid. If a bid protest is filed as required above, the District’s Purchasing Services Manager will review and evaluate the basis of the bid protest, and will investigate the basis for the bid protest and analyze the facts. The Purchasing Services Manger will notify the bidder whose bid is the subject of the bid protest of evidence presented in the bid protest and evidence found as a result of the investigation, and, if deemed appropriate, afford the bidder an opportunity to rebut such evidence, and permit the bidder an opportunity to present evidence that it should be awarded the contract. The District’s Purchasing Services Manager shall provide the protestor with a written statement concurring with or denying the bid protest within 10 calendar days following receipt of the bid protest, unless factors beyond the District’s reasonable control prevent such a decision, in which event such decision will be issued as expeditiously as circumstances reasonably permit. The decision will state the reasons for the action taken by the District. A copy of the decision will be furnished to the protestor, the bidder whose bid is the subject of the bid protest, and all bidders who submitted bids by the Bid Opening in compliance with the Bid-Contract Documents.
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If not satisfied with the Purchasing Services Manager’s decision, the protestor has the right to appeal the decision to the District’s Vice President of Business Operations The appeal must be in writing and shall specify the decision being appealed and all the facts and circumstances relied upon in support of the appeal. The appeal must be received by the Office of the Vice President of Business Operations no later than 4:30 p.m. on the 5th calendar day following the protestor’s receipt of the written decision, at the following address: Office of the Vice President, Business Operations Chaffey Community College District 5885 Haven Avenue Rancho Cucamonga, CA 91737-3002 A copy of the appeal shall be sent to all parties involved in the bid protest. If the final date for receipt of an appeal falls on a Saturday, Sunday, or District holiday, the appeal will be considered timely only if received by 4:30 p.m. on the following business day. The Vice President of Business Operations will review the Purchasing Services Manager’s decision and the appeal, and issue a written decision. The written decision of the Vice President of Business Operations will state the basis of the decision, and the decision will be final and not subject to any further appeal to the District. Upon the recommendation of the Vice President of Business Operations, the District's Governing Board will make the final determination and disposition of a bid protest by taking action to adopt, modify or reject the bid protest as reflected in the written statement of the Vice President, Business Operations or his/her designee. Action by the District's Governing Board relative to a bid protest shall be final and not subject to appeal or reconsideration by the District, any employee or officer of the District or the District's Governing Board. The rendition of a written statement by the Vice President of Operations (or his/her designee) and action by the District's Governing Board to adopt, modify or reject the disposition of the bid protest reflected in such written statement shall be express conditions precedent to the institution of any legal or equitable proceedings relative to the bidding process, the District's award of the contract, the District's disposition of any bid protest or the District's decision to reject all bids. In the event that any such legal or equitable proceedings are instituted and the District is named as a party thereto, the prevailing party(ies) shall recover from the other party(ies), as costs, all attorneys' fees and costs incurred in connection with any such proceeding, including any appeal arising there from.
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Bidder Name:
DUE NO LATER THAN:
2:00 p.m., October 6, 2011
BID FORM BID NO. 12C107 NURSING MANIKINS WITH COMPONENTS
In response to DISTRICT’S Notice Calling for Bids, released September 15, 2011, inviting bids for a requirements purchase order contract to sell Nursing Manikins with Components to the DISTRICT, as the DISTRICT requires, through December 16, 2011, the undersigned submits this firm offer to: Chaffey Community College District c/o Purchasing Services Manager 5885 Haven Avenue Rancho Cucamonga, California 91737-3002
SECTION 1: Bidder must enter a fixed price for each Unit Price item in the space(s) provided on the attached CHAFFEY COLLEGE NURSING MANIKINS WITH COMPONENTS SPREADSHEET (1 page). Bidder’s unit prices shall include all labor, materials, tools, equipment, overhead, profit, and all other direct and indirect costs and expenses to produce and deliver as required. Prices must be net including discounts. Bidder agrees that all unit prices listed on this Quote Form are good through December 16, 2011, after which date such prices may be modified no more than 1 time(s) before June 30, 2012, upon mutual agreement between Bidder and District. Bidder must provide the District no less than 30 days written notice of its application for a price increase. Bidder shall produce and deliver unit price items as ordered by the District. All Unit Price orders will be shipped to Chaffey College Warehouse, 5885 Haven Avenue, Rancho Cucamonga, California 91737-3002. All deliveries shall be accompanied by a packing slip which shows the District's purchase order number, and the District's purchase order number shall appear on all cases and packages.
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Bidder Name:
SECTION 2: Bidder Name: Business Type: (Corporation, Sole Proprietorship, etc.)
Street Address: City, State & Zip: Telephone:
Fax:
Bidder designates the following person to service the DISTRICT: Provide complete address, phone and fax information if different from above: Street Address: City, State & Zip: Telephone: Fax: Mobile Phone:
Bidder must list in the spaces below at least two references who can verify that Bidder can provide or has provided the services specified in the Specifications. Company: Contact Person: Street Address: City, State & Zip: Telephone: Fax: Company: Contact Person: Street Address: City, State & Zip: Telephone: Fax:
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Bidder Name:
SECTION 3: BIDDER ACKNOWLEDGES THAT IT IS BIDDER'S RESPONSIBILITY TO ASCERTAIN WHETHER ANY ADDENDA HAVE BEEN ISSUED AND IF SO, TO OBTAIN COPIES OF SUCH ADDENDA FROM THE DISTRICT PER THE INSTRUCTIONS TO BIDDERS. BIDDER THEREFORE AGREES TO BE BOUND BY ALL ADDENDA THAT HAVE BEEN ISSUED FOR THIS BID BY SIGNING BELOW.
I,
, the undersigned, the
of
(Type/Print Name)
(Title)
, hereby declare that I am duly authorized to execute this (Name of Company)
Bid Form; that I have carefully examined the requirements of this Bid and have read and examined the Bid-Contract Documents, including all addenda if any; that this Bid Form constitutes a firm offer to DISTRICT that cannot be withdrawn for 60 Calendar Days after the Bid Opening, and that if awarded the Contract, all prices shall remain effective as required on this Bid Form; and that, under penalty of perjury under the laws of the State of California, to the best of my knowledge and belief, the information contained in this Bid Form is true and correct. Signature:
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Bid No. 12C107 Nursing Manikins With Components Equipment Spreadsheet
Item No.
1
Quantity
Unit of Measure
2
EA
Description
Unit Price
SimMan 3G Complete with 17” Monitor, to include SimMan 3G Manikin, Software and License, Operator’s tablet PC Patient Monitor and Software, Patient Cables, Webcam, Drug Recognition Kit, Soft Sided Transportation Cases, 10 SimMan Patient Cases for Auto Mode, 1 Year Warranty.
2
2
EA
SimMan 3G ValuePlus Platinum (3 Yr), to include installation, Extended Warrant through Year 3, Preventative Maintenance On-Site & Loaner.
3
2
EA
Introduction to SimMan 3G On-Site, to include instructor to travel to our facility and teach up to 8 participants.
FOB Shipping Point
FOB Destination
Sub Total: Shipping: Tax: Grand Total:
1
$ $ $ $
Extended Price
$ ________
$_________
$ _________
$_________
$ _________
$_________
(Must apply SB County tax at 8.75%)
NON-COLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID FORM
, being first duly sworn, deposes and says that he or she is of the party making the foregoing bid that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. I certify (or declare) under penalty of perjury under the laws of the State of California that the foregoing is true and correct.
Signature & Date
Printed Name & Title
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GENERAL CONDITIONS Purchase Order Terms and Conditions 1. ACCEPTANCE: VENDOR accepts this Purchase Order solely on the basis of the terms and conditions on the face and back hereof. Additional terms on VENDOR’s form are rejected and shall be deemed a material alteration hereof, unless such terms are incorporated by direct reference on the face of this Purchase Order and attached hereto as applicable. 2. CHANGES: This Purchase Order shall not be altered, amended, supplemented or cancelled without Buyer's approval. The District shall have the right to make changes hereunder any time and VENDOR agrees to accept such changes. In the event such changes result in additional costs, the District shall make an equitable adjustment in the purchase price provided such additional costs are itemized and justified in writing, and submitted to Buyer within 10 days of receipt of the change notification. 3. HANDICAP ACCESSIBILITY: VENDOR hereby warrants that any hardware or software products or services to be provided under this Purchase Order comply with the accessibility requirements of section 508 of the Rehabilitation Act of 1973, as amended (29 U.S.C. § 794d), and its implementing regulations set forth at Title 36, Code of Federal Regulations, part 1194. VENDOR agrees to promptly respond to and resolve any complaint regarding accessibility of its products or services which is brought to its attention. VENDOR further agrees to indemnify and hold harmless the District, the Chancellor's Office of the California Community Colleges, and any California community college using the VENDOR's products or services from any claim arising out of its failure to comply with the aforesaid requirements. Failure to comply with these requirements shall constitute a breach and be grounds for termination of this Purchase Order. 4. ASSIGNMENT OF PURCHASE: The VENDOR shall not assign or transfer by operation of law or otherwise any of all of its rights, burdens, duties or obligations without the prior written consent of the Chaffey Community College District, hereinafter referred to as “the District.” 5. TERMINATION: The District reserves the right to terminate this Purchase Order for its own convenience with liability limited to the services or products delivered prior to the VENDOR’s receipt of the District’s termination notice. All blanket or standing Purchase Orders will automatically terminate at the end of the District’s fiscal year without prior notice to VENDOR. 6. TAXES: The District will pay only the State Sales and Use Tax and/or the San Bernardino County Uniform Local Sales and Use Tax, as applicable. The Federal Excise Tax is not applicable to the District. The District, upon request, shall furnish the VENDOR such Federal Tax exemption certificates. VENDOR will not include taxes in unit prices or labor rates used for billing purposes. Tax may be separately itemized. 7. WARRANTY: All products, materials or services furnished under the purchase shall be in accordance with District specifications and guaranteed to be new and free from faulty design or workmanship. If upon inspection any item is found defective or of inferior quality, Buyer may return such item to VENDOR at VENDOR 's expense. Payment for any item prior to inspection shall not be construed to be an acceptance of an unsatisfactory or defective item. VENDOR shall reimburse Buyer for any amount paid to VENDOR for such returned items. 8. HEALTH & SAFETY: All materials, equipment, supplies must meet all Federal, State, and local requirements regarding Health and Safety. All shipments of hazardous and toxic GC Rev 12-12-05 BID NO. 12C107
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material must include Material Safety Data Sheets (MSDS) pursuant to OSHA's Hazard Communication Rule 29 CFR 1919.1200, with copies sent to the Purchasing Department referencing the Purchase Order number. 9. DELIVERY/F.O.B. DESTINATION: Unless otherwise specified, the VENDOR shall be responsible for delivery and shall pay all related shipping costs, including prepaid freight changes. Time and manner of delivery are material factors in proper performance under the purchase. 10. INDEMNIFICATION AND HOLD HARMLESS: VENDOR shall indemnify and hold DISTRICT its officers, employees, volunteers and agents, including the property of DISTRICT, free and harmless from any and all claims, suits, demands, causes of action, losses, damages, injuries, and expenses, rather actual or alleged, including, but not limited to, reasonable attorneys' fees, and liability arising from (i) the death or injury of any person or persons, or from the loss, damage or destruction of any property or properties caused by or connected with the actions, negligence, errors, or omissions of VENDOR or VENDOR's agents and employees, (ii) the use of any copyrighted materials or patented inventions, and (iii) VENDOR's breach of its obligations under this Purchase Order. 11. VENUE: This Purchase Order shall be governed by the laws of the State of California. 12. INSURANCE: VENDOR shall maintain Workers’ Compensation insurance as required by statue and Commercial General Liability insurance adequate to protect VENDOR and VENDOR’s obligations hereunder to protect the District from claims due to personal injury, including death, and damage to property, which may arise from operations under this Purchase Order. The VENDOR may be required to file with the District certificates of such insurance. Failure to furnish such evidence, if required, may be considered a material default of the VENDOR. 13. INVOICES AND PAYMENT: Unless otherwise specified, the VENDOR shall render invoices in duplicate for goods or services provided to the Accounts Payable Office at the address listed on the front of this Purchase Order. All invoices must indicate the assigned Purchase Order number. Invoices must also conform to the line items and unit prices in the Purchase Order. Unless otherwise noted, the District shall make payments on a net-30 day basis or within a reasonable time after VENDOR has completed its obligations hereunder and payment approval is granted by the authorized District Representative. The District may also require the submittal of an IRS Form W-9 for taxpayer identification. Any monies due the District from VENDOR can be set off from any monies due VENDOR from the District whether or not under this Purchase Order. 14. LICENSES AND PERMITS: The VENDOR and all of his employees or agents shall secure and maintain in force such licenses and permits as are required by law, in connection with furnishing of materials, articles or services herein listed. All operations and materials shall be in accordance with the law. 15. VENDOR: The term “VENDOR,” “SUPPLIER,” or “CONTRACTOR” whenever appearing in this Purchase Order or any attachments shall mean the Seller or Supplier of goods or services named on the face of this Purchase Order and all individuals, officers, directors, employees, agents, contractors, or subcontractors of such Seller or Supplier. While engaged in carrying out the terms and conditions of the purchase, the VENDOR is an independent VENDOR, and not an officer, employee or agent of the District.
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16. ANTI-DISCRIMINATION: VENDOR agrees to adhere to all applicable laws that prohibit discrimination because of race, age, religion, sex, national origin, handicap, political affiliation or belief.
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SPECIAL CONDITIONS 1.
Length of Contract and Prices The Contract Term is for a period beginning on the vendor’s receipt of the Notice of Award and ending on the date specified on the Bid Form. Prices must remain effective as specified on the Bid Form.
2.
Most Favored Customer All of the prices, terms, warranties and benefits offered by vendor to the District are comparable to or better than the equivalent terms being offered by vendor to any present commercial or public entity customer. If vendor, during the term of its contract with District, enters into arrangements with any other customer providing greater benefits or more favorable terms, this Contract shall hereupon be deemed amended to provide the same to the DISTRICT.
3.
Technology Clause As technology advances, it is understood that improved or advanced products may replace existing products in both price and performance and yet be essentially similar. This Bid seeks to address the rapid advances in technology by allowing functionally similar or identical products that may be introduced in the future, during the term of this Bid or Contract, to be included under the general umbrella of compatible product lines and are thus specifically included in this Bid-Contract Document.
4.
Supplemental Purchase Order Terms and Conditions: The following terms and conditions supplement, not supersede, the Purchase Order Terms and Conditions: a.
Deliveries: All deliveries shall be accompanied by a packing slip which shows te District’s purchase order number, and the District’s purchase order number shall appear on all cases and packages
b.
Quantities: Although the District anticipates purchasing the quantities as listed on the bid form, no quantities are guaranteed. Actual quantities purchased may vary. Further this is not a sole source agreement. The District reserves the right to acquire products of similar capabilities from any other source it deems to be in its best interests. Unit prices shall be prorated for orders placed for less than the quantities specified on the Bid Form.
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c.
Warranty: The vendor warrants that all equipment, when delivered, will be new and in good working order – no rebuilt, demo or used units. The vendor warrants that all equipment, when delivered, will conform to the District's specifications. The vendor warrants all equipment delivered to be free from defects in materials and workmanship for minimum period of one (1) year from the date the equipment is put into service by the District. Any equipment found to be defective within the first ninety (90) days of service shall, at the District's option, be returned for a full refund or exchange at no cost to the District. Equipment found to be defective after the first ninety (90) days of service may be either repaired or replaced at the District's option. The warranty must include all costs of repair, including transportation costs, during the warranty period.
d.
Hold Harmless: The vendor, while engaged in carrying out the terms and conditions of the contract, is an independent contractor and not an officer or agent of the District. The vendor shall maintain adequate insurance to protect the interests of both the vendor and the District. The vendor, at its own expense and risk, shall defend any legal proceeding that may be brought against the District or its Governing Board, its officers and employees, on any such claim or demand, and satisfy any judgment that may be rendered against any of them in connection with this Contract.
e.
Breach and Remedies: The failure by vendor to comply with any conditions of the Bid-Contract Documents will be deemed a breach of the contract. Subject to the District’s right of inspection per the Purchase Order Terms and Conditions, if the vendor fails or neglects to furnish or deliver in a timely manner any of the items at the prices stated and in accordance with the terms and conditions of the Bid and the purchase order, the District may cancel the entire purchase order or any portion affected by such default. The District may procure said items from other sources at the prevailing market rate without competitive bid and may deduct from any unpaid balance due the vendor or collect from the vendor any and all resulting excess costs over the applicable unit price, including expenses incurred in purchasing and/or delivery. All goods purchased from vendor shall be subject to inspection by the District for defects or non-compliance with specifications. If the District
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discovers defective or non-compliant goods, the District may at its option, annul and set aside the contract entered into with said vendor, either in whole or in part, and make and enter into a new contract in accordance with law for cover. Any additional cost or expense incurred by the District in making such cover contract and any additional cost of cover by reason, including but not limited to, attorneys fees or legal expenses, of failure of the vendor, as stated above, shall be paid by such vendor and vendor’s insurer. 5.
The Contract The Contract consists of the Bid-Contract Documents. The Bid-Contract Documents, and any attachments or exhibits or notices referenced, constitute the entire and integrated agreement between the Parties and supersede all prior negotiations, representations or agreements, either written or oral. After issuance of the Notice of Award, the Bid-Contract Documents may be modified only by a written change notice signed by the District. The Bid-Contract Documents, and any attachments or exhibits or notices referenced, are complementary and what is required by one shall be as binding as if required by all. In the case of conflict or inconsistency, the following order of precedence shall apply: Change Notice(s) Special Conditions General Conditions Instructions to Bidders Specifications Bid Form Time is of the essence for this Contract.
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SPECIFICATIONS 1.
Product Specifications: Simman 3g Complete with 17” Monitor, Including SimMan 3G Manikin, Software and License, Operator’s tablet PC, Patient Monitor and Software, Patient Cables, Webcam, Drug Recognition Kit, Soft Sided Transportation Cases, 10 SimMan 3GPatient Cases for Auto Mode, Installation, 1 Year Warranty. All manikins to include: Hospital gown, manikin lubricant, applicable assembly tools and directions for use. •
SimMan 3G ValuePlus Platinum (3 yr), Inlcuding Installation, Extended Warranty through Year 3, Preventative Maintenance On-Site & Loaner.
•
Introduction to SimMan 3G On-Site and instrouctor to tgravel to our facility and teach up to 8 participants.
2.
Product Substitutions: Bidders may propose Product Substitutions per the Instructions to Bidders.
3.
Extended Warranty Requirements: SimMan3G ValuePlus Platinum (3 year extended warranty)
4.
Maintenance-Service Requirements: Preventative Maintenance On-Site & Loaner.
5.
Training of District Personnel: Vendor agrees to provide training for District personnel and students to operate and maintain the goods purchased/installed.
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