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STATE OF WASHINGTON

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STATE OF WASHINGTON ...

    State of Washington

    DEPARTMENT OF GENERAL ADMINISTRATION

    Office of State Procurement

    Rm. 201 General Administration Building, P.O. Box 41017 ; Olympia, Washington 98504-1017 ; (360) 902-7400

    http://www.ga.wa.gov/purchase

    INVITATION FOR BID (IFB)

    Mattresses, Innerspring and Foam Core

    Contract Number Bid Opening Date & Time

    10502 February 27, 2003 - 2:00 PM.

Note: Bid information, including price sheets, will not be available for public disclosure until after award of

    the contract. At the time of bid opening, only the name of the bidder and time of bid receipt will be read

    aloud.

    Please return bids to above address

    Connie Stacy (interim)

    State Procurement Officer

    Phone (360) 902-7432

    Fax (360) 586-2426

    E-mail cstacy@ga.wa.gov

    For a site map to the Capitol Campus, click http://access.wa.gov/government/images/campus_map.jpg.

    Driving directions and parking information http://www.leg.wa.gov/common/maps/parking.htm

    Washington State Department of General Administration Office of State Procurement, PO Box 41017, Olympia, WA 98504-1017 The State of Washington is an equal opportunity employer. To request this information in alternative formats call (360) 902-7400, or TDD (360) 664-3799.

    Invitation for Bid #10502

    TABLE OF CONTENTS

    I. ANNOUNCEMENT AND SPECIAL INFORMATION ........................................................................................................ 3

    1. BID INFORMATION ............................................................................................................................ 3

    2. SCOPE .................................................................................................................................................. 3

    II. SPECIAL TERMS AND CONDITIONS ............................................................................................................................... 3

    1. PACKAGING ........................................................................................................................................ 3

    2. INSURANCE......................................................................................................................................... 3

    3. PRICING AND ADJUSTMENTS .......................................................................................................... 5 4. SAMPLES ............................................................................................................................................. 5

    5. MATERIALS AND WORKMANSHIP .................................................................................................. 6 6. WARRANTY(IES) ................................................................................................................................ 6

    7. CONTRACTOR PERFORMANCE........................................................................................................ 6 8. EVALUATION CONFERENCE ............................................................................................................ 6 9. PROPRIETARY DATA ......................................................................................................................... 6

    10. CATALOGS AND PRICE SHEETS ................................................................................................... 7 11. RETENTION OF RECORDS ............................................................................................................. 7 12. OSHA AND WISHA REQUIREMENTS ........................................................................................... 7 13. REPORTS .......................................................................................................................................... 7

    14. PURCHASES BY NONPROFIT CORPORATIONS .......................................................................... 7 15. REFERENCES .................................................................................................................................. 8

    16. CONTRACTOR’S REPRESENTATIVE ........................................................................................... 8 17. PURCHASING CARD ACCEPTANCE ............................................................................................. 8 18. PRODUCTION OF NONSTANDARD MATTRESS SIZES .............................................................. 8

    19. SUBSTITUTION OF TICKING FABRIC .......................................................................................... 8 20. DOCUMENTATION OF MATTRESS TESTS .................................................................................. 8 21. TESTING COSTS .............................................................................................................................. 8

    22. BID EVALUATION / AWARD.......................................................................................................... 9 23. DEALER AUTHORIZATION ........................................................................................................... 9 24. VOLUNTARY MWBE GOALS ......................................................................................................... 9 25. BIDDER COMPLIANCE ................................................................................................................... 9

    III. SPECIFICATIONS - MATTRESSES, INNERSPRING AND FOAM CORE ............................................................... 10

    1. ................................................................................................................................................................. 10

    IV. BID SUBMITTALS ......................................................................................................................................................... 15

    1. BID INFORMATION .......................................................................................................................... 15

    2. PRICE SHEETS................................................................................................................................... 17

    3. REFERENCES .................................................................................................................................... 19

    4. SALES/SERVICE AND SUBCONTRACTOR REPORT ..................................................................... 20 5. OFFER AND AWARD ......................................................................................................................... 22

    V. CHECK LIST ....................................................................................................................................................................... 23

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    Invitation for Bid #10502

    I. ANNOUNCEMENT AND SPECIAL INFORMATION

    This invitation includes two separate parts. This document, entitled Invitation for Bid, is Part 1. Part 1, when completed signed and submitted becomes your official bid document. Part 2, entitled Competitive Procurement Standards contains the Standard Terms and Conditions, Instructions to Bidders, and Standard Definitions applicable to the bid document. You do not need to return Part 2; however, the version in effect on the opening date of the bid shall apply to contracts awarded herein and should be retained for future reference. See our Internet site for a current version at http://www.ga.wa.gov/pca/cps.htm.

    1. BID INFORMATION

    Bid information, including price sheets, will not be available for public disclosure until after award of the contract. At the time of bid opening, only the name of the bidder and time of bid receipt will be read aloud.

    2. SCOPE

    The purpose of this IFB is to establish a mandatory contract for the "as needed" purchase of mattresses, innerspring and foam.

    A. Estimated Usage: We estimate that purchases over the two-year initial term of the contract will approximate $250,000.00 Estimates are based on past usage. The State does not guarantee any minimum purchase. Orders will be placed on an "as needed" basis.

    B. Purchasers: the primary purchaser(s) have been Washington State Patrol, Department of Social and Health Services, Department of Corrections, Veteran's Home, Services for the Blind and approximately four higher education facilities. Based upon contractor’s agreement, the contract will be made available to political subdivisions and non-profit organizations which are members of the State of Washington Purchasing Cooperative (WSPC) and/or State of Oregon Cooperative Purchasing Program (DASCPP/ORCPP). A list of Washington members is available on the Internet http://www.ga.wa.gov/pca/cooplist.htm. A list of

    Oregon members is available through at http://tpps.das.state.or.us/purchasing/orcpp_mem.html Contractors

    shall not process state contract orders from unauthorized purchasers.

    C. While use of the contract by members of the WSPC and DASCPP/ORCPP is optional, the state encourages them to use state contracts. Their use of the contracts may significantly increase the purchase volume. Their orders are subject to the same contract terms, conditions and pricing as state agencies. The state accepts no responsibility for payment by WSPC or DASCPP/ORCPP members.

    D. Term: From date of award (which is anticipated to be within two weeks after bid opening date) for an initial two year term with the option to extend for additional terms or portions. Extensions will be subject to mutual agreement. The total contract term may not exceed six (6) years.

    II. SPECIAL TERMS AND CONDITIONS

    1. PACKAGING

    A. Specifications: Unless otherwise specified, goods are to be packaged in cartons meeting federal specifications.

    2. INSURANCE

    A. General Requirements: Contractor shall, at their own expense, obtain and keep in force insurance as follows until completion of the contract. Within fifteen (15) calendar days of receipt of notice of award, the Contractor shall furnish evidence in the form of a Certificate of Insurance satisfactory to the state that insurance, in the following kinds and minimum amounts has been secured. Failure to provide proof of insurance, as required, will result in contract cancellation.

    Invitation for Bid #10502

    Contractor shall include all subcontractors as insureds under all required insurance policies, or shall furnish separate Certificates of Insurance and endorsements for each subcontractor. Subcontractor(s) must comply fully with all insurance requirements stated herein. Failure of subcontractor(s) to comply with insurance requirements does not limit Contractor’s liability or responsibility.

    All insurance provided in compliance with this contract shall be primary as to any other insurance or self-insurance programs afforded to or maintained by State.

    B. Specific Requirements:

    1. Employers Liability (Stop Gap): The Contractor will at all times comply with all applicable workers’

    compensation, occupational disease, and occupational health and safety laws, statutes, and regulations to the full extent applicable and will maintain Employers Liability insurance with a limit of no less than $1,000,000.00. The state will not be held responsible in any way for claims filed by the Contractor or their employees for services performed under the terms of this contract.

2. Commercial General Liability Insurance: The Contractor shall at all times during the term of this contract,

    carry and maintain commercial general liability insurance and if necessary, commercial umbrella insurance for bodily injury and property damage arising out of services provided under this contract. This insurance shall cover such claims as may be caused by any act, omission, or negligence of the Contractor or its officers, agents, representatives, assigns, or servants.

     General Aggregate Limits (other than products-$2,000,000

    completed operations)

    $2,000,000 ; Products-Completed Operations Aggregate

    $1,000,000 ; Personal and Advertising Injury Aggregate

     Each Occurrence (applies to all of the above) $1,000,000

     Fire Damage Limit (per occurrence) $ 50,000

     Medical Expense Limit (any one person) $ 5,000

    3. Business Auto Policy (BAP): In the event that services delivered pursuant to this contract involve the use of vehicles, or the transportation of clients, automobile liability insurance shall be required. The coverage provided shall protect against claims for bodily injury, including illness, disease and death; and property damage caused by an occurrence arising out of or in consequence of the performance of this service by the Contractor, subcontractor, or anyone employed by either.

    Contractor shall maintain business auto liability and, if necessary, commercial umbrella liability insurance with a combined single limit not less than $1,000,000 per occurrence. The business auto liability shall include Hired and Non-Owned coverage.

    Contractor waives all rights against the State for the recovery of damages to the extent they are covered by business auto liability or commercial umbrella liability insurance.

    4. Additional Provisions: Above insurance policies shall include the following provisions:

    a. Additional Insured: The State of Washington and all authorized contract users shall be named as an additional insured on all general liability, umbrella, excess, and property insurance policies. All policies shall be primary over any other valid and collectable insurance.

    Notice of policy(ies) cancellation/non-renewal: For insurers subject to RCW 48.18 (Admitted and regulated by the Washington State Insurance Commissioner) a written notice shall be given to the State forty-five (45) calendar days prior to cancellation or any material change to the policy(ies) as it relates to this contract. For insurers subject to RCW 48.15 (Surplus Lines) a written notice shall be given to the State twenty (20) calendar days prior to cancellation or any material change to the policy(ies) as it relates to this contract.

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    Invitation for Bid #10502

    If cancellation on any policy is due to non-payment of premium, the State shall be given a written notice ten (10) calendar days prior to cancellation.

    b. Identification: Policy(ies) and Certificates of Insurance must reference the state’s bid/contract number.

    c. Insurance Carrier Rating: The insurance required above shall be issued by an insurance company authorized to do business within the State of Washington. Insurance is to be placed with a carrier that has a rating of A- Class VII or better in the most recently published edition of Best’s Reports. Any exception must be reviewed and approved by General Administration’s Risk Manager, or the Risk Manager for the State of Washington, by submitting a copy of the contract and evidence of insurance before contract commencement. If an insurer is not admitted, all insurance policies and procedures for issuing the insurance policies must comply with Chapter 48.15 RCW and 284-15 WAC.

    d. Excess Coverage: The limits of all insurance required to be provided by the Contractor shall be no less than the minimum amounts specified. However, coverage in the amounts of these minimum limits shall not be construed to relieve the Contractor from liability in excess of such limits.

    3. PRICING AND ADJUSTMENTS

    Unless otherwise stipulated all bids must include unit prices and extensions where applicable and be otherwise in the format requested. Bid prices are to be provided in the spaces indicated after each item Section IV, Price Sheets. If quantity price breaks are available, please so indicate.

    All bid pricing is to be FOB Destination, freight prepaid and included, for any destination within the State of Washington..

    All pricing shall include the costs of bid preparation, servicing of accounts, and all contractual requirements. During contract period:

    A. pricing shall remain firm and fixed for at least one year after effective date of contract. Adjustments in pricing will:

    A. be considered after firm fixed price period on a pass through basis only. A minimum of forty-five days calendar days advance written notice of price increase is required which is to be accompanied by sufficient documentation to justify the requested increase. Documentation must be based on the Producer Price Index, product codes 2515-A and 2515-7115. Acceptance will be at the discretion of the State Procurement Officer and shall not produce a higher profit margin than that established on the original contract pricing. Approved price adjustments shall remain unchanged for at least one year thereafter.

    During the contract period, any price declines at the manufacturer’s level or cost reductions to Contractor shall be reflected in a reduction of the contract price retroactive to Contractor's effective date. During the term of this contract, should the contractor enter into pricing agreements with other customers providing greater benefits or lower pricing, contractor shall immediately amend the state contract to provide similar pricing to the state if the contract with other customers offers similar usage quantities, and similar conditions impacting pricing. Contractor shall immediately notify the state of any such contracts entered into by contractor.

    4. SAMPLES

    A. Requests and Disposition: The state reserves the right to request samples, at bidder’s expense. Samples

    of items bid shall be received within fifteen calendar days after request. If not destroyed in testing or required for quality control, bidders may request return of samples at their expense. If bidder does not request return within sixty (60) calendar days of contract award, samples may be considered property of the state. B. Labeling and warranty: All samples provided to the state shall be identical to products quoted by bidder and shall be labeled with bidder’s name and applicable Contract Bid number. All samples are an express

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    Invitation for Bid #10502

    warranty, which shall also apply to all future supplies provided under this contract. Bidders failing to comply with this requirement will have their bid rejected or contract terminated.

    5. MATERIALS AND WORKMANSHIP

    The Contractor shall be required to furnish all materials, equipment and/or services necessary to perform contractual requirements. Materials and workmanship in the construction of equipment for this contract shall conform to all codes, regulations and requirements for such equipment, specifications contained herein, and the normal uses for which intended. Materials shall be manufactured in accordance with the best commercial practices and standards for this type of equipment.

    6. WARRANTY(IES)

    Bidder will submit a copy of warranty as an attachment to bid and items delivered under this contract will also be accompanied by a copy of the warranty. Unless otherwise specified, full parts and labor warranty period shall be for a minimum period of one (1) year after receipt of materials or equipment by the Purchaser. All materials or equipment provided shall be new, unused, of the latest model or design and of recent manufacture.

    In the event of conflict between contract terms and conditions and warranty submitted, to afford the state maximum benefits, the contract terms and conditions shall prevail.

    7. CONTRACTOR PERFORMANCE

    A. General Requirements: The state, in conjunction with purchasers, monitors and maintains records of Contractor performance. Said performance shall be a factor in evaluation and award of this and all future contracts. Purchasers will be provided with product/service performance report forms to forward reports of superior or poor performance to the State Procurement Officer.

    B. Liquidated Damages: The state has an immediate requirement for the materials, equipment or services specified herein. Bidders are urged to give careful consideration to the state’s requirements and to the manufacturer’s production capabilities when establishing a delivery date(s).

    1. Liquidated damages will be assessed in the amount of actual damages incurred by the state as a result of Contractor’s failure to perform herein.

    C. Cost of Remedying Defects: All defects, indirect and consequential costs of correcting, removing or replacing any or all of the defective materials or equipment will be charged against the Contractor.

    8. EVALUATION CONFERENCE

    To aid in the evaluation process, after bid opening, the state may require individual bidders to appear at a date, time and place determined by the state for the purpose of conducting discussions to determine whether both parties have a full and complete understanding of the nature and scope of contractual requirements. In no manner shall such action be construed as negotiations or an indication of the state’s intention to award.

    9. PROPRIETARY DATA

    Any document(s) or information which the bidder believes is exempt from public disclosure under The Public Disclosure Act (RCW 42.17.310), or under The Uniform Trade Secrets Act (RCW 19.108.010) shall be clearly identified by bidder and placed in a separate envelope marked with bid number, bidder’s name, and the words “Proprietary Data” along with a statement of the basis for such claim of exemption. The state’s sole

    responsibility shall be limited to maintaining the above data in a secure area and to notify bidder of any request(s) for disclosure within a period of five (5) years from date of award. Failure to so label such materials or failure to provide a timely response after notice of request for public disclosure has been given shall be deemed a waiver by the bidder of any claim that such materials are, in fact, so exempt.

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    Invitation for Bid #10502

    10. CATALOGS AND PRICE SHEETS

    Bidder or Contractor shall furnish all necessary catalogs and latest dated published manufacturer’s price lists

    as required by the State Procurement Officer. Failure to do so may cause bid to be rejected, or contractor to be in default of performance requirements.

    11. RETENTION OF RECORDS

    The contractor shall maintain, for at least three years after completion of this contract, all relevant records pertaining to this contract. This shall include, but not be limited to, all records pertaining to actual contract performance from the date of contract award. It shall also include information necessary to document the level of utilization of MWBE’s and other businesses as subcontractors and suppliers in this contract as well as any efforts the contractor makes to increase the participation of MWBE’s. The contractor shall also maintain, for at least three years after completion of this contract, a record of all quotes, bids, estimates, or proposals submitted to the Contractor by all businesses seeking to participate as subcontractors or suppliers in this contract. The State shall have the right to inspect and copy such records. If this contract involves federal funds, Contractor shall comply with all record keeping requirements set forth in any federal rules, regulations, or statutes included or referenced in the contract documents.

    12. OSHA AND WISHA REQUIREMENTS

    Contractor agrees to comply with conditions of the Federal Occupational Safety and Health Acts of 1970 (OSHA), as may be amended, and, if it has a workplace within the State of Washington, the Washington Industrial Safety and Health Act of 1973 (WISHA), as may be amended, and the standards and regulations issued there under and certifies that all items furnished and purchased under this order will conform to and comply with said standards and regulations. Contractor further agrees to indemnify and hold harmless purchaser from all damages assessed against purchaser as a result of Contractor’s failure to comply with the acts and standards there under and for the failure of the items furnished under this order to so comply. 13. REPORTS

    The contractor(s) must provide the following report(s) to Office of State Procurement.

Sales and Subcontractor Report

    A quarterly Sales and Subcontractor Report (attached) shall be submitted in the format provided by the Office of State Procurement. You can get the report electronically at http://www.ga.wa.gov/pca/usage.doc.

    Total purchases for each State Agency, University, Community and Technical Colleges must be shown separately. Total purchases for all political subdivisions and non-profit organizations may be summarized as one customer. Additionally, all purchases by the State of Oregon or other purchasers must be reported as an aggregate total.

    The report shall include sales information (Section A) and amounts paid to each subcontractor during the reporting period (Section B).

    Reports should be rounded to nearest dollar. Contractors will be provided with all necessary sample forms, instructions, and lists. Reports are due thirty (30) days after the end of the calendar quarter, i.e., April 30th, July 31st, October 31st and January 31st.

    14. PURCHASES BY NONPROFIT CORPORATIONS

    Recently enacted legislation allows nonprofit corporations to participate in state contracts for purchases administered by OSP. By mutual agreement with OSP, the contractor may sell goods or services at contract pricing awarded under this contract to self-certified nonprofit corporations. Such organizations purchasing under this contract shall do so only to the extent they retain eligibility and comply with other contract and statutory provisions. The contractor may make reasonable inquiry of credit worthiness prior to accepting

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    Invitation for Bid #10502

    orders or delivering goods or services on contract. The state accepts no responsibility for payments by nonprofit corporations. Contractor may not change contracted payment terms for nonprofit orders.

    15. REFERENCES

    Bidder shall furnish a minimum of two (2) references for which bidder has delivered goods or services on a contract similar in scope to that described in this IFB.

    16. CONTRACTOR’S REPRESENTATIVE

    A. Designation: Bidder shall provide name, address, and phone number of contractor(s) representative as required in bid documents.

    B. Responsibility: Contractor’s representative shall function as the primary point of contact, shall ensure

    supervision and coordination and shall take corrective action as necessary to meet contractual requirements. C. Availability: Contractor’s representative, or designee, shall be available at all times during normal working hours throughout the term of the contract.

    17. PURCHASING CARD ACCEPTANCE

    In an effort to streamline the purchasing and payment process, the State is encouraging agencies to use the state contracted purchasing card to facilitate small dollar purchases. While at the present time, it is not mandatory that contractors accept credit card purchases, we encourage all state contractors to consider this alternate payment process. Please indicate in Bid Submittals which card(s) you presently accept and payment discount you may offer the state. The current card available for state agency use is a VISA product.

    18. PRODUCTION OF NONSTANDARD MATTRESS SIZES

    Prior to acceptance of an order from any customer which requires delivery of a mattress size not specified on this contract, or a mattress with specification features not included in this contract, contractor shall notify the Office of State Procurement. OSP will determine if the features of the requested nonstandard mattress may be sufficiently attractive to justify inclusion in the contract as a new line item, or sub line item. If addition of said nonstandard mattress to the contract is not deemed justified by the OSP, the requesting customer will be directed to utilize their delegated authority to obtain their mattress requirements.

    19. SUBSTITUTION OF TICKING FABRIC

    The contractor shall not substitute fabric ticking in lieu of that specified by this contract without prior approval by the OSP. If substitute material is provided, the contractor must submit, prior to use, written certification and independent laboratory documentation that the fabric and mattress constructed from said fabric meets or exceeds the test standards/requirements specified by this contract.

    20. DOCUMENTATION OF MATTRESS TESTS

    Written documentation and certification that each mattress type specified herein has been tested in accordance with Section III, Specifications, by an independent laboratory and is acceptable shall be submitted with thirty days after inception of the contract. A significant change in the product specifications will also require documentation and proof of testing prior to incorporation of the change. Failure to provide documentation and certification of independent laboratory testing and approval of the mattresses in accordance may be grounds for contract termination.

    21. TESTING COSTS

    Upon receipt of a complaint by any using agency, item(s) will be tested for specification and compliance and quality control:

    a. if test proves sample is nonconforming, supplier will bear all testing costs

    b. if sample proves in conformance with specifications, agency initiating complaint will bear testing costs

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    Invitation for Bid #10502

    22. BID EVALUATION / AWARD

    23. DEALER AUTHORIZATION

    The Bidder, if other than the manufacturer, shall provide a current, dated, and signed authorization from the

    manufacturer that the bidder is an authorized distributor, dealer or service representative and is authorized to

    sell the manufacturer's products. Failure to comply with this requirement may result in bid rejection. 24. VOLUNTARY MWBE GOALS

    Voluntary numerical MWBE participation goals have been established for this bid.

    Minority Business Enterprises: (MBE’s): 10% and Woman’s Business Enterprises (WBE’s): 8%

    These goals are voluntary, but achievement of the goals is encouraged. However, unless required by federal

    statutes, regulations, grants, or contract terms referenced in the contract documents, no preference will be

    included in the evaluation of bids/proposals, no minimum level of MWBE participation shall be required as a

    condition for receiving an award or completion of the contract work, and bids/proposals will not be rejected

    or considered non-responsive if they do not include MWBE participation. Bidders may contact OMWBE at

    360-753-9693 to obtain information on certified firms for potential subcontracting arrangements. 25. BIDDER COMPLIANCE

    The State reserves the right to consider the actual level of bidder’s compliance with the requirements specified

    in this IFB, and to consider a bid responsive if it substantially complies with the state’s intent relative to

    overall bid requirements and specifications.

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    Invitation for Bid #10502

    III. SPECIFICATIONS - MATTRESSES, INNERSPRING AND FOAM CORE

    Mattresses, Foam Core (items one Check If As Describe Fully If Not As Specified

    through four) Specified

    A) Mattress, foam core, cover fabric:

    washable, fire resistant in accordance with California Technical Bulletin #121, anti-bacterial, anti-fungal, self-

    deodorizing, non-allergenic and fluid

    proof. Herculite ShureCheck #44 designed for high risk environment, sizes 35" x 80" x 6" and 30" x 70" x 6"

    B) Mattress, foam core, cover fabric:

    washable, fire resistant in accordance with California Technical Bulletin #121, anti-bacterial, anti-fungal, self-

    deodorizing, non-allergenic and fluid

    proof. Shear and Friction reducing LVTR nylon for durability and comfort, sizes 35" x 80" x 6" and 30" x 70" x 6"

    All mattresses must meet or exceed the

    Federal Flammability Standards and California Technical Bulletin #129 and Washington State Fire Marshall Policy A-20

    Testing of complete mattresses shall be

    in accordance with California Technical Bulletin #129.

    All mattresses must be packaged in a

    manner to assure damage/soil free delivery

    All mattresses must be received in new

    and unused condition, free from defects. All defective items to be repaired or replaced at the expense of the

    contractor

    The mattress foam shall be a minimum

    of six inches thick and the multi-layered

    construction shall be engineered to

    provide comfort, support and durability. Maximum indentation load deflection of 44 IFD and minimum surface layer of 33 IFD

    Foam density shall be no less than 1.8

    lbs per cubic foot

    Bidder’s Company Name

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