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REQUEST FOR PROPOSALS for:
Maintenance, Repair, and Operations (MRO) Materials for Statewide Contract
ISSUING OFFICE:
Department of General Services Bureau of Procurement
555 Walnut Street, 6th
Harrisburg, PA 17101-1914 Floor Forum Place
RFP NUMBER
6000170622
DATE OF ISSUANCE
January 6, 2010
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REQUEST FOR PROPOSALS for
Maintenance, Repair, and Operations (MRO) Materials for Statewide Contract
TABLE OF CONTENTS CALENDAR OF EVENTS [page iii] Part I—GENERAL INFORMATION [page 4-18] Part II—PROPOSAL REQUIREMENTS [page 19-25] Part III—CRITERIA FOR SELECTION [page 26-28] Part IV—WORK STATEMENT [page 29-36] APPENDIX A, STANDARD CONTRACT TERMS & CONDITIONS APPENDIX B, MINIMUM QUALIFICATIONS APPENDIX C, COSTARS PROGRAM QUESTIONAIRE APPENDIX D, PROPOSAL COVER SHEET
APPENDIX E, DESCRIPTION OF LOTS APPENDIX F, PRICE SUBMITTAL (MARKET BASKETS & Non-Core Items) APPENDIX G, TECHNICAL QUESTIONAIRE APPENDIX H, MONTHLY REPORT FORM APPENDIX I, CONTRACT SPEND BREAKDOWN BY AGENCY (2008)
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CALENDAR OF EVENTS The Commonwealth will make every effort to adhere to the following schedule:
Activity Responsibility Date
Deadline to submit Questions via email to Lilly Mangan [[email protected]].
Potential Offerors 1/19/2010
Preproposal Conference—Location: Forum Place, 6th
Conference Room 1, Harrisburg, PA Floor Issuing
Office/Potential Offerors
1/25/2010
Answers to Potential Offeror questions posted to the DGS website (http://www.dgsweb.state.pa.us/RTA/Search.aspx) no later than this date.
Issuing Office 2/2/2010
Please monitor website for all communications regarding the RFP.
Potential Offerors
Sealed proposal must be received by the Issuing Office at Forum Place, 6th
Bid Room, Harrisburg, PA Floor Offerors 2/16/2010
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PART I
GENERAL INFORMATION I-1. Purpose. This request for proposals (RFP) provides to those interested in submitting proposals for the subject procurement (“Offerors”) sufficient information to enable them to prepare and submit proposals for the Department of General Service’s consideration on behalf of the Commonwealth of Pennsylvania (“Commonwealth”) to satisfy a need for Maintenance, Repair, and Operations (MRO) Materials for Statewide Contract (“Project”). The Commonwealth intends to reduce its overall costs for MRO supplies by channeling volume within specified lots to a single contractor offering the proposal determined to be the most advantageous to the Commonwealth for each of the 10 Lots described in Appendix E – Description of Lots. Given that competition is very high, and that there is no guarantee that the Commonwealth will request Best and Final Offers (BAFOs), it is strongly recommended that the offerors provide their best discounts and best pricing with their proposal. The successful contractor(s) will be required to provide MRO supplies for all executive and independent agencies and must be willing to provide these supplies for independent agencies and state affiliated entities as well as entities under the COSTARS (Cooperative Sourcing to Achieve Reduction in Spend) program. COSTARS is a service provided by the Department of General Services for Local Public Procurement Units located in Pennsylvania. Local Public Procurement Units are authorized by law to participate in or purchase off of Department of General Services' statewide requirements contracts. Eligible Local Public Procurement Units are defined as:
• Any political subdivision • Any public authority • Any tax exempt, nonprofit educational or public health institution or organization • Any nonprofit fire, rescue or ambulance company • And to the extent provided by law, any other entity, including a council of governments
or an area government that expends public funds for the procurement of supplies, services, and construction.
I-2. Issuing Office. The Department of General Services (“Issuing Office”) has issued this RFP on behalf of the Commonwealth. The sole point of contact in the Commonwealth for this RFP shall be Lilly Mangan ([email protected] and/or 717-346-3846), the Issuing Officer for this RFP. Please refer all inquiries to the Issuing Officer. I-3. Scope. This RFP contains instructions governing the requested proposals, including the requirements for the information and material to be included; a description of the materials to be provided; requirements which Offerors must meet to be eligible for consideration; general evaluation criteria; and other requirements specific to this RFP. I-4. Problem Statement. The Commonwealth of Pennsylvania and all of its agencies purchase approximately $20 million of Maintenance, Repair, and Operations (MRO) materials annually. This includes facilities that fall under the Governor’s jurisdiction, which includes, but is not limited to: the Department of Transportation, the Department of Corrections, the
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Department of Public Welfare, the Department of Conservation & Natural Resources, the Department of General Services, and many others. Independent agencies would also purchase from this contract. The contract is used by agencies in all 67 statewide counties, so it is imperative that potential bidders have the ability to service the entire Commonwealth. Our goal is to reduce costs for the procurement of these parts, including, but not limited to: purchase price, inventory carrying costs, freight/handling, obsolescence, shrinkage, and other “hidden” costs. Additional detail is provided in Part IV – Work Statement, beginning on Page 29 of this RFP. I-5. Type of Contract. It is proposed that if the Issuing Office enters into a contract as a result of this RFP, it will be a contract with firm fixed pricing on Core Items and a percentage discount on Non-Core Items. The Standard Contract Terms and Conditions as shown in Appendix A and available at http://www.dgsweb.state.pa.us/comod/CurrentForms/GSPUR12E_SAP.doc will be part of the contract. I-6. Rejection of Proposals. The Issuing Office reserves the right, in its sole and complete discretion, to reject any proposal received as a result of this RFP. I-7. Incurring Costs. The Issuing Office is not liable for any costs the Offeror incurs in preparation and submission of its proposal, in participating in the RFP process or in anticipation of award of the contract. I-8. Preproposal Conference. The Issuing Office will hold a preproposal conference as specified in the Calendar of Events. The purpose of this conference is to provide an opportunity for clarification of the RFP. Offerors should forward all questions to the Issuing Office in accordance with Part I, Section I-9 to ensure adequate time for analysis before the Issuing Office provides an answer. Offerors may also ask questions at the conference. The preproposal conference is for information only. Any answers furnished during the conference will not be official until they have been verified, in writing, by the Issuing Office. All questions and written answers will be posted on the Department of General Services’ (DGS) website as an addendum to, and shall become part of, this RFP. Attendance at the Preproposal Conference is optional. I-9. Questions & Answers. If an Offeror has any questions regarding this RFP, the Offeror must submit the questions by email (with the subject line “RFP 6000170622 Question”) to the Issuing Officer named in Part I, Section I-1 of the RFP. If the Offeror has questions, they must be submitted via email no later than the date indicated on the Calendar of Events. The Offeror shall not attempt to contact the Issuing Officer by any other means. The Issuing Officer shall post the answers to the questions on the DGS website by the date stated on the Calendar of Events. All questions and responses as posted on the DGS website are considered as an addendum to, and part of, this RFP in accordance with RFP Part I, Section I-10. Each Offeror shall be responsible to monitor the DGS website for new or revised RFP information. The Issuing Office shall not be bound by any verbal information nor shall it be bound by any written information that is not either contained within the RFP or formally issued as an addendum by the Issuing Office. The Issuing Office does not consider questions to be a protest of the specifications of the solicitation. The required protest process for Commonwealth procurements is described on the DGS website.
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I-10. Addenda to the RFP. If the Issuing Office deems it necessary to revise any part of this RFP before the proposal response date, the Issuing Office will post an addendum to the DGS website at http://www.dgsweb.state.pa.us/RTA/Search.aspx. It is the Offeror’s responsibility to periodically check the website for any new information or addenda to the RFP. Answers to the questions asked during the Questions & Answers period also will be posted to the website as an addendum to the RFP. I-11. Response Date. To be considered for selection, hard copies of proposals must arrive at the Issuing Office on or before the time and date specified in the RFP Calendar of Events. The Issuing Office will not accept proposals via email or facsimile transmission. Offerors who send proposals by mail or other delivery service should allow sufficient delivery time to ensure timely receipt of their proposals. If, due to inclement weather, natural disaster, or any other cause, the Commonwealth office location to which proposals are to be returned is closed on the proposal response date, the deadline for submission will be automatically extended until the next Commonwealth business day on which the office is open, unless the Issuing Office otherwise notifies Offerors. The hour for submission of proposals shall remain the same. The Issuing Office will not open and reject any late proposals. I-12. Proposals. To be considered, Offerors should submit a complete response to this RFP to the Issuing Office, using the format provided in Part II, providing 10 paper copies of the Technical Submittal, one paper copy of the Cost Submittal, and two paper copies of the Disadvantaged Business Submittal. In addition to the paper copies of the proposal, Offerors shall submit two complete and exact copies of the entire proposal (Technical, Cost and Disadvantaged Business Submittals, along with all requested documents) on CD-ROM or Flash drive in Microsoft Office or Microsoft Office-compatible format. The electronic copy must be a mirror image of the paper copy and any spreadsheets must be in Microsoft Excel. The Offerors may not lock or protect any cells or tabs. Offerors should ensure that there is no costing information in the technical submittal. Offerors should not reiterate technical information in the cost submittal. The CD or Flash drive should clearly identify the Offeror and include the name and version number of the virus scanning software that was used to scan the CD or Flash drive before it was submitted. The Offeror shall make no other distribution of its proposal to any other Offeror or Commonwealth official or Commonwealth consultant. Each proposal page should be numbered for ease of reference. An official authorized to bind the Offeror to its provisions must sign the proposal. If the official signs the Proposal Cover Sheet (Appendix D to this RFP) and the Proposal Cover Sheet is attached to the Offeror’s proposal, the requirement will be met. For this RFP, the proposal must remain valid for 180 days or until a contract is fully executed. If the Issuing Office selects the Offeror’s proposal for award, the contents of the selected Offeror’s proposal will become, except to the extent the contents are changed through Best and Final Offers or negotiations, contractual obligations. Each Offeror submitting a proposal specifically waives any right to withdraw or modify it, except that the Offeror may withdraw its proposal by written notice received at the Issuing Office’s address for proposal delivery prior to the exact hour and date specified for proposal receipt. An Offeror or its authorized representative may withdraw its proposal in person prior to the exact hour and date set for proposal receipt, provided the withdrawing person provides appropriate identification and signs a receipt for the proposal. An Offeror may modify its
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submitted proposal prior to the exact hour and date set for proposal receipt only by submitting a new sealed proposal or sealed modification which complies with the RFP requirements. I-13. Disadvantaged Business Information. The Issuing Office encourages participation by small disadvantaged businesses as prime contractors, joint ventures and subcontractors/suppliers and by socially disadvantaged businesses as prime contractors. Small Disadvantaged Businesses are small businesses that are owned or controlled by a majority of persons, not limited to members of minority groups, who have been deprived of the opportunity to develop and maintain a competitive position in the economy because of social disadvantages. The term includes:
a. Department of General Services Bureau of Minority and Women Business Opportunities (BMWBO)-certified minority business enterprises (MBEs) and women business enterprises (WBEs) that qualify as small businesses; and
b. United States Small Business Administration-certified small disadvantaged
businesses or 8(a) small disadvantaged business concerns. c. Businesses that BMWBO determines meet the Small Business Administration
criteria for designation as a small disadvantaged business. Small businesses are businesses in the United States that are independently owned, are not dominant in their field of operation, employ no more than 100 persons and earn less than $20 million in gross annual revenues ($25 million in gross annual revenues for those businesses in the information technology sales or service business). Socially disadvantaged businesses are businesses in the United States that BMWBO determines are owned or controlled by a majority of persons, not limited to members of minority groups, who are subject to racial or ethnic prejudice or cultural bias, but which do not qualify as small businesses. In order for a business to qualify as “socially disadvantaged,” the offeror must include in its proposal clear and convincing evidence to establish that the business has personally suffered racial or ethnic prejudice or cultural bias stemming from the business person’s color, ethnic origin or gender. Questions regarding this Program can be directed to:
Department of General Services Bureau of Minority and Women Business Opportunities Room 611, North Office Building Harrisburg, PA 17125 Phone: (717) 783-3119 Fax: (717) 787-7052 Email: [email protected]
Website: www.dgs.state.pa.us
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A database of BMWBO-certified minority- and women-owned businesses can be accessed at http://www.dgsweb.state.pa.us/mbewbe/VendorSearch.aspx. The federal vendor database can be accessed at http://www.ccr.gov by clicking on Dynamic Small Business Search (certified companies are so indicated). I-14. Information Concerning Small Businesses in Enterprise Zones. The Issuing Office encourages participation by small businesses, whose primary or headquarters facility is physically located in areas the Commonwealth has identified as Designated Enterprise Zones, as prime contractors, joint ventures and subcontractors/suppliers. The definition of headquarters includes, but is not limited to, an office or location that is the administrative center of a business or enterprise where most of the important functions of the business are conducted or concentrated and location where employees are conducting the business of the company on a regular and routine basis so as to contribute to the economic development of the geographical area in which the office or business is geographically located. Small businesses are businesses in the United States that are independently owned, are not dominant in their field of operation, employ no more than 100 persons and earn less than $20 million in gross annual revenues ($25 million in gross annual revenues for those businesses in the information technology sales or service business). There is no database or directory of small businesses located in Designated Enterprise Zones. Information on the location of Designated Enterprise Zones can be obtained by contacting:
Aldona M. Kartorie Center for Community Building PA Department of Community and Economic Development 4th
400 North Street Floor, Commonwealth Keystone Building
Harrisburg, PA 17120-0225 Phone: (717) 720-7409 Fax: (717) 787-4088 Email: [email protected]
I-15. Economy of Preparation. Offerors should prepare proposals simply and economically, providing a straightforward, concise description of the Offeror’s ability to meet the requirements of the RFP. I-16. Alternate Proposals. The Issuing Office has identified the basic approach to meeting its requirements, allowing Offerors to be creative and propose their best solution to meeting these requirements. The Issuing Office will not accept alternate proposals. I-17. Discussions for Clarification. Offerors may be required to make an oral or written clarification of their proposals to the Issuing Office to ensure thorough mutual understanding and Offeror responsiveness to the solicitation requirements. The Issuing Office will initiate requests for clarification.
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I-18. Prime Contractor Responsibilities. The contract will require the selected Offeror to assume responsibility for all materials offered in its proposal whether it produces them itself or by subcontract. The Issuing Office will consider the selected Offeror to be the sole point of contact with regard to contractual matters. I-19. Proposal Contents.
a. Confidential Information
b.
. The Commonwealth is not requesting, and does not require, confidential proprietary information or trade secrets to be included as part of Offerors’ submissions in order to evaluate proposals submitted in response to this RFP. Accordingly, except as provided herein, Offerors should not label proposal submissions as confidential or proprietary or trade secret protected. Any Offeror who determines that it must divulge such information as part of its proposal must submit the signed written statement described in subsection c. below and must additionally provide a redacted version of its proposal, which removes only the confidential proprietary information and trade secrets, for required public disclosure purposes.
Commonwealth Use
c.
. All material submitted with the proposal shall be considered the property of the Commonwealth of Pennsylvania and may be returned only at the Issuing Office’s option. The Commonwealth has the right to use any or all ideas not protected by intellectual property rights that are presented in any proposal regardless of whether the proposal becomes part of a contract. Notwithstanding any Offeror copyright designations contained on proposals, the Commonwealth shall have the right to make copies and distribute proposals internally and to comply with public record or other disclosure requirements under the provisions of any Commonwealth or United States statute or regulation, or rule or order of any court of competent jurisdiction.
Public Disclosure
I-20. Best and Final Offers. While not required, the Issuing Office reserves the right to conduct discussions with Offerors for the purpose of obtaining “best and final offers.” To obtain best and final offers from Offerors, the Issuing Office may do one or more of the following:
. After the award of a contract pursuant to this RFP, all proposal submissions are subject to disclosure in response to a request for public records made under the Pennsylvania Right-to-Know-Law, 65 P.S. § 67.101, et seq. If a proposal submission contains confidential proprietary information or trade secrets, a signed written statement to this effect must be provided with the submission in accordance with 65 P.S. § 67.707(b) for the information to be considered exempt under 65 P.S. § 67.708(b)(11) from public records requests. Financial capability information submitted in response to Part II, Section II-7 of this RFP is exempt from public records disclosure under 65 P.S. § 67.708(b)(26).
i) Schedule oral presentations; ii) Request revised proposals; and
iii) Enter into pre-selection negotiations, including the use of an online
auction.
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The Issuing Office will limit any discussions to responsible Offerors (those that have submitted responsive proposals and possess the capability to fully perform the contract requirements in all respects and the integrity and reliability to assure good faith performance) whose proposals the Issuing Office has determined to be reasonably susceptible of being selected for award. The Criteria for Selection found in Part III, Section III-4, shall also be used to evaluate the best and final offers. Price reductions offered through any reverse online auction shall have no effect upon the Offeror’s Technical Submittal. Dollar commitments to Disadvantaged Businesses and Enterprise Zone Small Businesses can be reduced only in the same percentage as the percent reduction in the total price offered through negotiations, including the online auction. I-21. News Releases. Offerors shall not issue news releases, Internet postings, advertisements or any other public communications pertaining to this Project without prior written approval of the Issuing Office, and then only in coordination with the Issuing Office. I-22. Restriction of Contact. From the issue date of this RFP until the Issuing Office selects a proposal for award, the Issuing Officer is the sole point of contact concerning this RFP. Any violation of this condition may be cause for the Issuing Office to reject the offending Offeror’s proposal. If the Issuing Office later discovers that the Offeror has engaged in any violations of this condition, the Issuing Office may reject the offending Offeror’s proposal or rescind its contract award. Offerors must agree not to distribute any part of their proposals beyond the Issuing Office. An Offeror who shares information contained in its proposal with other Commonwealth personnel and/or competing Offeror personnel may be disqualified. I-23. Debriefing Conferences. Offerors whose proposals are not selected will be notified of the name of the selected Offeror and given the opportunity to be debriefed. The Issuing Office will schedule the time and location of the debriefing. The debriefing will not compare the Offeror with other Offerors, other than the position of the Offeror’s proposal in relation to all other Offeror proposals. An Offeror’s exercise of the opportunity to be debriefed does not constitute the filing of a protest. I-24. Issuing Office Participation. Offerors shall provide all services, supplies, facilities, and other support necessary to complete the identified work, except as otherwise provided in this Part I, Section I-24. I-25. Term of Contract. The term of the contract will commence on the Effective Date and will end after 24 months. The contract may
be renewed, upon mutual agreement between the supplier(s) and the Commonwealth, for three (3) additional one-year terms. The Issuing Office will fix the Effective Date after the contract has been fully executed by the selected Offeror and by the Commonwealth and all approvals required by Commonwealth contracting procedures have been obtained. The selected Offeror shall not start the performance of any work prior to the Effective Date of the contract and the Commonwealth shall not be liable to pay the selected Offeror for any service or work performed or expenses incurred before the Effective Date of the contract.
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I-26. Offeror’s Representations and Authorizations. By submitting its proposal, each Offeror understands, represents, and acknowledges that:
a. All of the Offeror’s information and representations in the proposal are material and important, and the Issuing Office may rely upon the contents of the proposal in awarding the contract(s). The Commonwealth shall treat any misstatement, omission or misrepresentation as fraudulent concealment of the true facts relating to the Proposal submission, punishable pursuant to 18 Pa. C.S. § 4904.
b. The Offeror has arrived at the price(s) and amounts in its proposal independently
and without consultation, communication, or agreement with any other Offeror or potential offeror.
c. The Offeror has not disclosed the price(s), the amount of the proposal, nor the
approximate price(s) or amount(s) of its proposal to any other firm or person who is an Offeror or potential offeror for this RFP, and the Offeror shall not disclose any of these items on or before the proposal submission deadline specified in the Calendar of Events of this RFP.
d. The Offeror has not attempted, nor will it attempt, to induce any firm or person to
refrain from submitting a proposal on this contract, or to submit a proposal higher than this proposal, or to submit any intentionally high or noncompetitive proposal or other form of complementary proposal.
e. The Offeror makes its proposal in good faith and not pursuant to any agreement or
discussion with, or inducement from, any firm or person to submit a complementary or other noncompetitive proposal.
f. To the best knowledge of the person signing the proposal for the Offeror, the
Offeror, its affiliates, subsidiaries, officers, directors, and employees are not currently under investigation by any governmental agency and have not in the last four years been convicted or found liable for any act prohibited by State or Federal law in any jurisdiction, involving conspiracy or collusion with respect to bidding or proposing on any public contract, except as the Offeror has disclosed in its proposal.
g. To the best of the knowledge of the person signing the proposal for the Offeror
and except as the Offeror has otherwise disclosed in its proposal, the Offeror has no outstanding, delinquent obligations to the Commonwealth including, but not limited to, any state tax liability not being contested on appeal or other obligation of the Offeror that is owed to the Commonwealth.
h. The Offeror is not currently under suspension or debarment by the
Commonwealth, any other state or the federal government, and if the Offeror cannot so certify, then it shall submit along with its proposal a written explanation of why it cannot make such certification.
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i. The Offeror has not made, under separate contract with the Issuing Office, any
recommendations to the Issuing Office concerning the need for the services described in its proposal or the specifications for the services described in the proposal.
j. Each Offeror, by submitting its proposal, authorizes Commonwealth agencies to
release to the Commonwealth information concerning the Offeror's Pennsylvania taxes, unemployment compensation and workers’ compensation liabilities.
k. Until the selected Offeror receives a fully executed and approved written contract
from the Issuing Office, there is no legal and valid contract, in law or in equity, and the Offeror shall not begin to perform.
I-27. Notification of Selection. The Issuing Office will notify the selected Offeror in writing of its selection for negotiation after the Issuing Office has determined, taking into consideration all of the evaluation factors, the proposal that is the most advantageous to the Issuing Office. I-28. RFP Protest Procedure. The RFP Protest Procedure is on the DGS website at http://www.dgsweb.state.pa.us/comod/ProtestProcedures.doc. A protest by a party not submitting a proposal must be filed within seven days after the protesting party knew or should have known of the facts giving rise to the protest, but no later than the proposal submission deadline specified in the Calendar of Events of the RFP. Offerors may file a protest within seven days after the protesting Offeror knew or should have known of the facts giving rise to the protest, but in no event may an Offeror file a protest later than seven days after the date the notice of award of the contract is posted on the DGS website. The date of filing is the date of receipt of the protest. A protest must be filed in writing with the Issuing Office. I-29. COSTARS PROGRAM COSTARS Purchasers
. Section 1902 of the Commonwealth Procurement Code, 62 Pa.C.S. § 1902 (“Section 1902”), authorizes local public procurement units and state-affiliated entities (together, “COSTARS Purchasers”) to participate in Commonwealth procurement contracts that the Department of General Services (“DGS”) may choose to make available to COSTARS Purchasers. DGS has identified this Contract as one suitable for COSTARS Purchaser participation.
a. Only those COSTARS Purchasers registered with DGS may participate as COSTARS Purchasers in a Commonwealth contract. Several thousand COSTARS Purchasers (6,200+) are currently registered with DGS; therefore, the Contractor agrees to permit only to DGS-registered COSTARS members to make COSTARS purchases from this Contract.
1. A “local public procurement unit” is:
• Any political subdivision;
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• Any public authority; • Any tax exempt, nonprofit educational or public health institution
or organization; • Any nonprofit fire, rescue, or ambulance company; and • To the extent provided by law, any other entity, including a council
of governments or an area government that expends public funds for the procurement of supplies, services, and construction.
2. A state-affiliated entity is a Commonwealth authority or other
Commonwealth entity that is not a Commonwealth agency. The term includes the Pennsylvania Turnpike Commission, the Pennsylvania Housing Finance Agency, the Pennsylvania Municipal Retirement System, the Pennsylvania Infrastructure Investment Authority, the State Public School Building Authority, the Pennsylvania Higher Educational Facilities Authority and the State System of Higher Education.
b. COSTARS Purchasers have the option to purchase from a Contract awarded under this procurement, from any DGS contract established exclusively for COSTARS Purchasers in accordance with the requirements of Section 1902, from any other cooperative procurement contracts, or from their own procurement contracts established in accordance with the applicable laws governing such procurements. The Contractor understands and acknowledges that there is no guarantee that any prospective COSTARS Purchaser will place an order under this Contract, and that it is within the sole discretion of the registered COSTARS Purchaser whether to procure from this Contract or to use another procurement vehicle.
c. DGS is acting as a facilitator for COSTARS Purchasers who may wish to purchase
under this Contract. Registered COSTARS Purchasers who participate in this Contract and issue purchase orders (“POs”) to Contractors are third party beneficiaries who have the right to sue and be sued for breach of this contract without joining the Commonwealth or DGS as a party. The Commonwealth will not intervene in any action between a Contractor and a Purchaser unless substantial interests of the Commonwealth are involved.
d. Registered COSTARS Purchasers electing to participate in this Contract will order items directly from the Contractor and be responsible for payment directly to the Contractor.
e. Those selected Contractors shall pay the Required Administrative Fee applicable to the Contractor’s classification:
Contractor Classification
Required Administrative Fee
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Qualified Small Business Bidder, defined as having less than 100 full-time employees or full-time equivalent employees and Gross Annual Revenue less than $20,000,000 ($25,000,000 for IT sales or service businesses)
$500
All Other Bidders
$1,500
1. The selected Contractor must pay the applicable Administrative Fee upon Contract
award in order to sell the awarded items/services to COSTARS Members. If the Offeror is asserting that it is a Qualified Small Business, a completed Department of General Services Small Business Certification must be returned with the proposal.
2. Upon any Contract renewal, the Contractor shall submit a check for the required
amount, payable to “Commonwealth of PA”. The Contractor must pay the Administrative Fee at each contract renewal date to continue to sell the awarded items/services to COSTARS Members.
f. DGS has registered the COSTARS name and logo (together, the “COSTARS Brand”) as
a trademark with the Pennsylvania Department of State. Therefore, the Contractor may use the COSTARS Brand only as permitted under in this Subsection.
1. The Contractor shall pay the Administrative Fee covering its participation in the
program, including without limitation any use of the COSTARS Brand, for each Contract period. The fee is payable upon Contract award and prior to the renewal date for each succeeding Contract period.
2. DGS grants the Contractor a nonexclusive license to use the COSTARS Brand,
subject to the following conditions:
a. The Contractor agrees not to transfer to any third party, including without limitation any of its subcontractors or suppliers, any privileges it may have to use the COSTARS Brand under this Contract.
b. The Contractor agrees not to use the COSTARS Brand to represent or imply any
Commonwealth endorsement or approval of its products or services. c. The Contractor is permitted to use the COSTARS Brand in broadcast, or Internet
media solely in connection with this Contract and any other Contract with the Commonwealth under which it has agreed to make sales to COSTARS Purchasers. The Contractor may use the COSTARS Brand on business cards, brochures, and other print publications so long as the purpose is to identify the Contractor as a COSTARS vendor, and only so long as the required Contract fee is kept current.
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d. Should this Contract terminate for any reason, the Contractor agrees promptly to
remove the COSTARS Brand from any and all print and electronic media and to refrain from using the COSTARS Brand for any purpose whatsoever from the date of Contract termination forward.
e. The Contractor agrees to defend, indemnify, and hold harmless the Commonwealth
of Pennsylvania and DGS from and against all claims, demands, liabilities, obligations, costs, and expenses of any nature whatsoever arising out of or based upon the Contractor’s use of the COSTARS Brand.
f. The Contractor agrees it has no property rights in the use of the COSTARS Brand
by virtue of this nonexclusive license. The Contractor expressly waives any claims, including without limitation due process claims that may otherwise be available under the law in the event of any dispute involving these terms of use.
g. The Contractor shall furnish to the DGS COSTARS Program Office a quarterly electronic Contract sales report detailing the previous quarter’s Contract purchasing activity, using the form and in the format prescribed by DGS. The Contractor shall submit its completed quarterly report no later than the fifteenth calendar day of the succeeding Contract quarter.
1. Until such time as DGS may provide the Contractor written notice of
automated report filing, the Contractor shall either e-mail the reports to [email protected] or send the reports on compact disc via US Postal Service to the DGS COSTARS Program Office, Bureau of Procurement, 6th
Floor Forum Place, 555 Walnut Street, Harrisburg, PA 17101. When DGS has instituted automated reporting, the Contractor shall comply with DGS’s written notice and instructions on automated Contract reports. DGS will provide these instructions with sufficient advance time to permit the Contractor to undertake automated reporting.
2. The Contractor shall include on each report the Contractor’s name and address, the Contract number, and the period covered by the report. For each PO received, the Contractor shall include on the report the name of each COSTARS-Registered Purchaser that has used the Contract along with the total dollar volume of sales to the specific Purchaser for the reporting period.
3. DGS may suspend the Contractor’s participation in the COSTARS Program for failure to provide the Quarterly Sales Report within the specified time.
h. Additional information regarding the COSTARS Program is available on the DGS
COSTARS Website at http://www.dgsweb.state.pa.us/COSTARSReg/RegForm.aspx.
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1. If the Contractor is aware of any qualified entity not currently registered and wishing to participate in the COSTARS Program, please refer the potential purchaser to the DGS COSTARS Website at http://www.dgsweb.state.pa.us/COSTARSReg/RegForm.aspx, where it may register by completing the online registration form and receiving DGS confirmation of its registration. To view a list of currently-registered COSTARS member entities, please visit the COSTARS website.
2. Direct all questions concerning the COSTARS Program to:
Department of General Services COSTARS Program 555 Walnut Street, 6th
Harrisburg, PA 17101 Floor
Telephone: 1-866-768-7827 E-mail [email protected]
a. Participating Addendum with an External Procurement Activity.
Section 1902 of the Commonwealth Procurement Code, 62 Pa.C.S. § 1902, permits external procurement activities to participate in cooperative purchasing agreements for the procurement of services, supplies or construction.
a. Definitions. The following words and phrases have the meanings set forth in this subsection a. of Part I, Section I-29:
1) External procurement activity: The term, as defined in 62 Pa. C. S. § 1901, means a “buying organization not located in the Commonwealth [of Pennsylvania] which if located in this Commonwealth would qualify as a public procurement unit [under 62 Pa. C.S. §1901]. An agency of the United States is an external procurement activity.”
2) Participating addendum: A bilateral agreement executed by the Contractor and an external procurement activity that clarifies the operation of the Contract for the external procurement activity concerned. The terms and conditions in any participating addendum shall affect only the procurements of the purchasing entities under the jurisdiction of the external procurement activity signing the participating addendum.
3) Public procurement unit: The term, as defined in 62 Pa. C. S. § 1901, means a “local public procurement unit or purchasing agency.”
4) Purchasing agency: The term, as defined in 62 Pa. C. S. § 103, means a “Commonwealth agency authorized by this part or any other law to enter into contracts for itself or as the agent of another Commonwealth agency.”
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b. General. A participating addendum shall incorporate the terms and conditions of the Contract resulting from this RFP. The Contractor shall not be required to enter into any participating addendum.
c. Additional Terms.
1. A participating addendum may include additional terms that
are required by the law governing the external procurement activity.
2. A participating addendum may include new, mutually agreed
upon terms that clarify ordering procedures specific to a participating external procurement activity.
3. The construction and effect of any participating addendum
shall be governed by and construed in accordance with the laws governing the external procurement activity.
4. If an additional term requested by the external procurement
activity will result in an increased cost to the Contractor, the Contractor shall adjust its pricing up or down accordingly.
d. Prices.
1) Price adjustment. For any costs affecting the percent markup that the
Contractor will or will not incur or that differ from costs incurred or not incurred in the fulfillment of this Contract, the Contractor shall adjust its pricing up or down accordingly. These costs may include, but not be limited to:
a. State and local taxes;
b. Unemployment and workers compensation fees;
c. E-commerce transaction fees; and
d. Costs associated with additional terms, established
pursuant to this Part II, Section II-3.
2) The Contractor’s pricing for an external procurement activity shall be firm and fixed for the duration of the initial term of the Contract. After the initial term of the Contract, if the Contract is renewed, the Contractor’s pricing may be adjusted up or down based on market conditions only with the mutual agreement of both the Contractor and any external procurement activity.
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e. Usage Reports on External Procurement Activities. The Contractor is required to provide the Contracting Officer an electronic monthly usage report, in the Commonwealth’s desired spreadsheet format no later than the thirtieth (30th) calendar day of the succeeding calendar month. Reports shall be e-mailed to the Contracting Officer for the Contract. A sample format is provided in Appendix H, Monthly Report Form.
f. Electronic Copy of Participating Addendum. The Contractor, upon request of the Contracting Officer, shall submit one (1) electronic copy of the participating addendum to the Contracting Officer within ten days after request.
I-29. Objections and Additions to Standard Contract Terms and Conditions. The Offeror will identify which, if any, of the terms and conditions (contained in Appendix A) it would like to negotiate and what additional terms and conditions the Offeror would like to add to the standard contract terms and conditions. The Offeror’s failure to make a submission under this paragraph will result in its waiving its right to do so later, but the Issuing Office may consider late objections and requests for additions if to do so, in the Issuing Office’s sole discretion, would be in the best interest of the Commonwealth. The Issuing Office may, in its sole discretion, accept or reject any requested changes to the standard contract terms and conditions. The Offeror shall not request changes to the other provisions of the RFP, nor shall the Offeror request to completely substitute its own terms and conditions for Appendix A. All terms and conditions must appear in one integrated contract. The Issuing Office will not accept references to the Offeror’s, or any other, online guides or online terms and conditions contained in any proposal. Regardless of any objections set out in its proposal, the Offeror must submit its proposal, including the cost proposal, on the basis of the terms and conditions set out in Appendix A. The Issuing Office will reject any proposal that is conditioned on the negotiation of the terms and conditions set out in Appendix A or to other provisions of the RFP as specifically identified above.
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PART II
PROPOSAL REQUIREMENTS Offerors must submit their proposals in the format, including heading descriptions, outlined below. To be considered, the proposal must respond to all requirements in this part of the RFP. Offerors should provide any other information thought to be relevant, but not applicable to the enumerated categories, as an appendix to the Proposal. All cost data relating to this proposal and all Disadvantaged Business cost data must
be kept separate from and not included in the Technical Submittal. Each Proposal shall consist of fourteen (14) separately sealed submittals:
a. Technical Submittal, which shall be a response to RFP Part II, Section II-1 (400 points);
b. Disadvantaged Business Submittal, in response to RFP Part II, Section II-2 (200
points); and
c. Cost Submittal, in response to RFP Part II, Section II-3 (400 points). The Issuing Office reserves the right to request additional information which, in the Issuing Office’s opinion, is necessary to assure that the Offeror’s competence, number of qualified employees, business organization, and financial resources are adequate to perform according to the RFP. The Issuing Office may make investigations as deemed necessary to determine the ability of the Offeror to perform the Project, and the Offeror shall furnish to the Issuing Office all requested information and data. The Issuing Office reserves the right to reject any proposal if the evidence submitted by, or investigation of, such Offeror fails to satisfy the Issuing Office that such Offeror is properly qualified to carry out the obligations of the RFP and to complete the Project as specified. II-1. Technical Submittal. Please complete and submit the Technical Questionnaire contained in Appendix G as your technical submittal. II-2. Disadvantaged Business Submittal.
a. Disadvantaged Business Information.
i) To receive credit for being a Small Disadvantaged Business or a Socially Disadvantaged Business or for entering into a joint venture agreement with a Small Disadvantaged Business or for subcontracting with a Small Disadvantaged Business (including purchasing supplies and/or services through a purchase agreement), a Offeror must include proof of Disadvantaged Business qualification in the Disadvantaged Business Submittal of the proposal, as indicated below:
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1) A Small Disadvantaged Businesses certified by BMWBO as an MBE/WBE must provide a photocopy of their BMWBO certificate. 2) Businesses certified by the U.S. Small Business Administration pursuant to Section 8(a) of the Small Business Act (15 U.S.C. § 636(a)) as an 8(a) Small Disadvantaged Businesses must submit proof of U.S. Small Business Administration certification. The owners of such businesses must also submit proof of United States citizenship. 3) Businesses, which assert that they meet the U.S. Small Business Administration criteria for designation as a small disadvantaged business, must submit: a) self-certification that the business meets the Small Business Administration criteria and b) documentary proof to support the self-certification. The owners of such businesses must also submit proof of United States citizenship, and provide any relevant small disadvantaged business certifications by other certifying entities. 4) All businesses claiming Small Disadvantaged Business status, whether as a result of BMWBO certification, or U.S. Small Business Administration certification as an 8(a) or self-certification as a U.S. Small Business Administration small disadvantaged business, must attest to the fact that the business has 100 or fewer employees. 5) All businesses claiming Small Disadvantaged Business status, whether as a result of BMWBO certification, or U.S. Small Business Administration certification as an 8(a) or self-certification as a U.S. Small Business Administration small disadvantaged business, must submit proof that their gross annual revenues are less than $20,000,000 ($25,000,000 for those businesses in the information technology sales or service business). This can be accomplished by including a recent tax return or audited financial statement.
ii) All businesses claiming status as a Socially Disadvantaged Business must
include in the Disadvantaged Business Submittal of the proposal clear and convincing evidence to establish that the business has personally suffered racial or ethnic prejudice or cultural bias stemming from the business person’s color, ethnic origin or gender. The submitted evidence of prejudice or bias must:
1) Be rooted in treatment that the business person has experienced in
American society, not in other countries.
2) Show prejudice or bias that is chronic and substantial, not fleeting or insignificant.
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3) Indicate that the business person’s experience with the racial or ethnic prejudice or cultural bias has negatively impacted his or her entry into and/or advancement in the business world.
BMWBO shall determine whether the Offeror has established that a business is socially disadvantaged by clear and convincing evidence.
iii) In addition to the above verifications, the Offeror must include in the
Disadvantaged Business Submittal of the proposal the following information:
1) Those Small Disadvantaged Businesses submitting a proposal as the Offeror, must include a numerical percentage which represents the total percentage of the work (as a percentage of the total cost in the Cost Submittal) to be performed by the Offeror and not by subcontractors and suppliers.
2) Those Small Disadvantaged Businesses submitting a proposal as a
part of a joint venture partnership, must include a numerical percentage which represents the total percentage of the work (as a percentage of the total cost in the Cost Submittal) to be performed by the Small Disadvantaged Business joint venture partner and not by subcontractors and suppliers or by joint venture partners who are not Small Disadvantaged Businesses. Offeror must also provide:
a) The amount of capital, if any, each Small Disadvantaged
Business joint venture partner will be expected to provide. b) A copy of the joint venture agreement signed by all parties. c) The business name, address, name and telephone number of
the primary contact person for the Small Disadvantaged Business joint venture partner.
3) All Offerors must include a numerical percentage which represents
the total percentage of the total cost in the Cost Submittal that the Offeror commits to paying to Small Disadvantaged Businesses as subcontractors. To support its total percentage DB subcontractor commitment, Offeror must also include:
a) The dollar amount of each subcontract commitment to a
Small Disadvantaged Business; b) The name of each Small Disadvantaged Business. The
Offeror will not receive credit for stating that after the
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contract is awarded it will find a Small Disadvantaged Business.
c) The services or supplies each Small Disadvantaged Business will provide, including the timeframe for providing the services or supplies.
d) The location where each Small Disadvantaged Business will perform services.
e) The timeframe for each Small Disadvantaged Business to provide or deliver the goods or services.
f) A signed subcontract or letter of intent for each Small Disadvantaged Business. The subcontract or letter of intent must identify the specific work, goods or services the Small Disadvantaged Business will perform and how the work, goods or services relates to the project.
g) The name, address and telephone number of the primary contact person for each Small Disadvantaged Business.
4) The total percentages and each subcontractor commitment will become contractual obligations once the contract is fully executed.
5) The name and telephone number of the Offeror’s project (contact)
person for the Small Disadvantaged Business information. iv) The Offeror is required to submit two copies of its Disadvantaged
Business Submittal. The submittal shall be clearly identified as Disadvantaged Business information and sealed in its own envelope, separate from the remainder of the proposal.
v) A Small Disadvantaged Business can be included as a subcontractor with
as many prime contractors as it chooses in separate proposals.
vi) An Offeror that qualifies as a Small Disadvantaged Business and submits a proposal as a prime contractor is not prohibited from being included as a subcontractor in separate proposals submitted by other Offerors.
b. Enterprise Zone Small Business Participation.
i) To receive credit for being an enterprise zone small business or entering
into a joint venture agreement with an enterprise zone small business or subcontracting with an enterprise zone small business, an Offeror must include the following information in the Disadvantaged Business Submittal of the proposal:
1) Proof of the location of the business’ headquarters (such as a lease
or deed or Department of State corporate registration), including a
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description of those activities that occur at the site to support the other businesses in the enterprise zone.
2) Confirmation of the enterprise zone in which it is located (obtained
from the local enterprise zone office).
3) Proof of United States citizenship of the owners of the business.
4) Certification that the business employs 100 or fewer employees.
5) Proof that the business’ gross annual revenues are less than $20,000,000 ($25,000,000 for those businesses in the information technology sales or service business). This can be accomplished by including a recent tax return or audited financial statement.
6) Documentation of business organization, if applicable, such as
articles of incorporation, partnership agreement or other documents of organization.
ii) In addition to the above verifications, the Offeror must include in the
Disadvantaged Business Submittal of the proposal the following information:
1) The name and telephone number of the Offeror’s project (contact)
person for the Enterprise Zone Small Business.
2) The business name, address, name and telephone number of the primary contact person for each Enterprise Zone Small Business included in the proposal. The Offeror must specify each Enterprise Zone Small Business to which it is making commitments. The Offeror will not receive credit for stating that it will find an Enterprise Zone Small Business after the contract is awarded or for listing several businesses and stating that one will be selected later.
3) The specific work, goods or services each Enterprise Zone Small
Business will perform or provide.
4) The total cost amount submitted in the Offeror’s cost proposal and the estimated dollar value of the contract to each Enterprise Zone Small Business.
5) Of the estimated dollar value of the contract to each Enterprise
Zone Small Business, the percent of the total value of services or products purchased or subcontracted that each Enterprise Zone Small Business will provide.
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6) The location where each Enterprise Zone Small Business will perform these services.
7) The timeframe for each Enterprise Zone Small Business to provide
or deliver the goods or services.
8) The amount of capital, if any, each Enterprise Zone Small Business will be expected to provide.
9) The form and amount of compensation each Enterprise Zone Small
Business will receive.
10) For a joint venture agreement, a copy of the agreement, signed by all parties.
11) For a subcontract, a signed subcontract or letter of intent.
iii) The dollar value of the commitment to each Enterprise Zone Small
Business must be included in the same sealed envelope with the Disadvantaged Business Submittal of the proposal. The following will become a contractual obligation once the contract is fully executed:
1) The amount of the selected Offeror’s Enterprise Zone Small
Business commitment;
2) The name of each Enterprise Zone Small Business; and
3) The services each Enterprise Zone Small Business will provide, including the timeframe for performing the services.
II-3. Cost Submittal. Please complete and submit the information requested on the
spreadsheet contained in Appendix F “Price Submittal” as your Cost Submittal which should be submitted in hard copy with one electronic copy on a CD, in a separate sealed envelope within the sealed proposal, and separated from the technical submittal. CORE ITEM PRICING: Contractor shall furnish the items contained in the Core Item List which is contained in the Price Submittal located in Appendix F. The Core Item List must be quoted using the Price Submittal. The Core Item List represents 15% of the Commonwealth annual spend at the fixed pricing for the specific Unit of Measure (UOM) specified in Appendix F. Core item pricing shall not change during the first twelve (12) months after the Effective Date of this contract. After twelve (12) months, and annually thereafter on the anniversary of the Contract, price change requests must be accompanied by appropriately documented market justification. Any price changes must be approved by DGS in writing in order to be effective.
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In order to be eligible for consideration, Offerors must be able to quote 95% of the market basket for each given lot that the Offeror bids on. Failure by an Offeror to meet the above requirements may result in the Offeror’s proposal being deemed as non-responsive and the proposal may be rejected. NON-CORE PRICING: The discount submitted by an Offeror on the Price Submittal on non-core items must remain firm for the entire life of the contract period including any and all renewals and extensions. The discount may be increased, but never reduced. The Commonwealth will require as part of the Price Submittal pricing for non-core items. As the Contract for non-core items will be based on percentage discounts for non-core MRO supplies, you will be required by the Commonwealth to submit your discount utilizing your list price that is reflected on your current public/business Web site. Offerors should not include any assumptions in their cost submittals. If the Offeror includes assumptions in its cost submittal, the Issuing Office may reject the proposal. Offerors should direct in writing to the Issuing Office pursuant to Part I, Section I-10, of this RFP any questions about whether a cost or other component is included or applies. All Offerors will then have the benefit of the Issuing Office’s written answer so that all proposals are submitted on the same basis.
II-4. COSTARS Program Questionnaire. Complete and sign the questionnaire regarding the COSTARS program contained in Appendix C of this RFP. Submit the signed questionnaire in the same sealed envelope with the Technical Submittal.
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PART III
CRITERIA FOR SELECTION III-1. Mandatory Responsiveness Requirements. To be eligible for selection, a proposal must be:
a. Timely received from an Offeror; b. Properly signed by the Offeror.
III-2. Technical Nonconforming Proposals. The Issuing Office reserves the right, in its sole discretion, to waive technical or immaterial nonconformities in an Offeror’s proposal. III-3. Evaluation. The Issuing Office has selected a committee of qualified personnel to review and evaluate timely submitted proposals. Independent of the committee, BMWBO will evaluate the Disadvantaged Business Submittal and provide the Issuing Office with a rating for this component of each proposal. The Issuing Office will notify in writing of its selection for negotiation the responsible Offeror whose proposal is determined to be the most advantageous to the Commonwealth as determined by the Issuing Office after taking into consideration all of the evaluation factors. The Issuing Office will award a contract only to an Offeror determined to be responsible in accordance with the most current version of Commonwealth Management Directive 215.9, Contractor Responsibility Program. III-4. Criteria for Selection. The following criteria will be used in evaluating each proposal. In order for a proposal to be considered for selection for best and final offers or selection for contract negotiations, the total score for the technical submittal of the proposal must be greater than or equal to 70% of the highest scoring technical submittal.
a. Technical: The Issuing Office has established the weight for the Technical criterion for this RFP as 40% of the total points.
b. Cost: The Issuing Office has established the weight for the Cost criterion for this RFP as 40% of the total points.
c. Disadvantaged Business Participation: BMWBO has established the weight for
the Disadvantaged Business Participation criterion for this RFP as 20% of the total points. Evaluation will be based upon the following in order of priority:
Priority Rank 1 Proposals submitted by Small
Disadvantaged Businesses. Priority Rank 2 Proposals submitted from a joint
venture with a Small Disadvantaged Business as a joint venture partner.
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Priority Rank 3 Proposals submitted with subcontracting commitments to Small Disadvantaged Businesses.
Priority Rank 4 Proposals submitted by Socially
Disadvantaged Businesses.
Each proposal will be rated for its approach to enhancing the utilization of Small Disadvantaged Businesses and/or Socially Disadvantaged Businesses. Each approach will be evaluated, with Priority Rank 1 receiving the highest score and the succeeding options receiving scores in accordance with the above-listed priority ranking
To the extent that an Offeror qualifies as a Small Disadvantaged Business or a Socially Disadvantaged Business, the Small Disadvantaged Business or Socially Disadvantaged Business cannot enter into subcontract arrangements for more than 40% of the total estimated dollar amount of the contract. If a Small Disadvantaged Business or a Socially Disadvantaged Business subcontracts more than 40% of the total estimated dollar amount of the contract to other contractors, the Disadvantaged Business Participation scoring shall be proportionally lower for that proposal.
d. Enterprise Zone Small Business Participation: In accordance with the priority
ranks listed below, bonus points in addition to the total points for this RFP, will be given for the Enterprise Zone Small Business Participation criterion. The maximum bonus points for this criterion are 3% of the total points for this RFP. The following options will be considered as part of the final criteria for selection:
Priority Rank 1 Proposals submitted by an Enterprise
Zone Small Business will receive three percent bonus for this criterion.
Priority Rank 2 Proposals submitted by a joint
venture with an Enterprise Zone Small Business as a joint venture partner will receive two percent bonus for this criterion.
Priority Rank 3 Proposals submitted with a
subcontracting commitment to an Enterprise Zone Small Business will receive the one percent bonus for this criterion.
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Priority Rank 4 Proposals with no Enterprise Zone Small Business Utilization shall receive no points under this criterion.
To the extent that an Offeror is an Enterprise Zone Small Business, the Offeror cannot enter into contract or subcontract arrangements for more than 40% of the total estimated dollar amount of the contract in order to qualify as an Enterprise Zone Small Business for purposes of this RFP.
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PART IV
WORK STATEMENT The Commonwealth seeks to award this Maintenance, Repair, & Operating (MRO) supplies contract to a single supplier; however, the Commonwealth reserves the right to award by lot if it is the best interest of the Commonwealth. This RFP is to establish a Contract for 10 lots as described below. The category descriptive examples below are not to be considered restrictive, but rather a general description and not to be limited by the text contained within this RFP. IV-1. Objectives. The Commonwealth intends to reduce its overall costs for purchasing Maintenance, Repair, & Operating (MRO) Supplies by channeling volume within specified lots to a single supplier offering the proposal determined to be the most advantageous to CWOPA (10 Lots) described in Appendix E – Description of Lots. The Commonwealth will provide a comprehensive, competitively bid Contract offering a vast array of MRO materials to all Commonwealth agencies. The Commonwealth seeks to achieve cost savings for the supplier(s) and Commonwealth agencies by reducing overhead costs to the supplier and Commonwealth agencies through state-of-the-art ordering and delivery systems and by providing the highest quality products at a competitive cost. The successful Contractor(s) will be required to provide MRO Supplies for all executive and independent agencies and must be willing to provide these supplies for COSTARS program members. In order to accomplish this, the Commonwealth has established ten lots: LOT DESCRIPTION One a) b)
Electrical Electrical Square D
Two a) b) c)
Lighting (Lamps/Ballasts/Fixtures) - 2a) Sylvania Lighting (Lamps/Ballasts/Fixtures) 2b) General Electric Lighting (Lamps/Ballasts/Fixtures) 2c) Phillips Lighting (Lamps/Ballasts/Fixtures)
Three General Hardware, Metal working, Test Equipment, & Security
Four Material Handling Five Safety Six Hand & Power Tools Seven HVAC Eight Filters, excluding Automotive & Truck filters Nine Pumps & Plumbing Ten Motors & Power Transmission
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IV-2. Nature and Scope of the Project. This procurement represents the second generation strategically sourced MRO supplies contract. For the purpose of the RFP and Contract, “MRO supplies” includes industry standard general supplies, including, but not limited to: electrical supplies; lamps, ballasts, and fixtures; general hardware, metal working materials, and test equipment; material handling items; safety supplies; hand & power tools; heating, ventilation, air conditioning & refrigeration supplies; pumps & plumbing materials; and motors & power transmission items. Specifically excluded from this contract for MRO supplies are Rubbermaid products, packaging, latex gloves and janitorial supplies. While the Commonwealth has achieved some of its goals of increasing service levels and managing spend under the existing contract, it believes there is room for additional improvement in these areas. The Department of General Services is responsible for 34 agencies throughout the Commonwealth of Pennsylvania under the Governor’s jurisdiction. Total spend under the existing MRO supply contract for Commonwealth using agencies was approximately $19.5 Million for 2009. The total spend for the top 8 using agencies was almost $15 Million in 2009. A breakdown of the individual spend for those eight agencies is found in Appendix I. To provide a snapshot of how the Commonwealth was utilizing the existing MRO supplies contract, in calendar year 2008:
• the average order size by a Commonwealth ordering entity was $456.00 (and 62% of all orders were under $250.00);
• 70% of orders were completed through web order entry (either supplier Web site or the Commonwealth’s SRM system), using a Commonwealth Purchasing Card (P-Card);
• the total number of orders was approximately 44,000; • the total number of active contract end-users is approximately 2,000.
The selected Contractor must be able to provide coverage to all Agencies within the entire state of Pennsylvania, with ninety-eight percent (98%) of orders delivered to the user’s designated workplace within forty- eight (48) hours after order placement. The selected supplier(s) will be required to assume responsibility for providing all MRO items by the established delivery times, as specified in its proposal to all Commonwealth agencies. The Commonwealth has 67 counties and many of the agencies served by this contract have operations in many/all of those counties. For example, the Department of Transportation has a county maintenance operation in 66 of those 67 counties (two adjacent counties share services), in addition to Regional/District Offices and Central Offices (including a District Office and Equipment Division) located in Harrisburg. The Department of Corrections has approximately 30 prisons located statewide, often in very rural locations. The Pennsylvania Game Commission, the Department of Conservation & Natural Resources, and the Fish & Boat Commission also have very rural offices and facilities, so the ability of the supplier(s) to service the entire Commonwealth is very critical to the overall success of this contract award. It will be the responsibility of the supplier, upon notification of award, to obtain maps of the locations of each of the using agencies, as well as identifying the contract’s end-users (purchasing and maintenance staff, in particular) throughout the Commonwealth. Accounts will
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be established for each of the end-users (some with multiple ship-to locations). Training on the supplier(s) Web site and other end-user guides is expected to be provided to the Commonwealth following the award, and preferably prior to the contract execution date, to familiarize our end-users with the features of the Web site and other unique experiences associated with doing business with the supplier. IV-3. Requirements.
A. Customer Service Representative Team: The supplier must provide CWOPA with a customer service team that will be dedicated to the CWOPA account and be available at a minimum of Monday through Friday from 8AM to 5PM. The supplier must provide a toll-free telephone, a toll-free, facsimile number, and an email address to contact the customer service team to place orders. This team will take orders from any CWOPA agency representative for the purchase of MRO Supplies. The team’s prime responsibilities consist of managing their network’s distribution and warehousing centers that carries the requested part and arranging prompt delivery to CWOPA’s locations. This team will play an important role in achieving the delivery required by various agencies. The team must be knowledgeable, qualified, and experienced in the industry of the lot(s) they are proposing upon so that they can assist the Commonwealth’s maintenance and procurement personnel in providing advice on the type of parts that best suits their needs.
B. Account Manager:
In addition to the Customer Service Representative Team, the supplier must designate a dedicated account manager who will serve as a main point of contact for insuring the successful and seamless implementation of this contract. The account manager will be, at minimum, available to the Commonwealth from Monday to Friday. The account manager will play an important role in overseeing the supplier’s Customer Service Representative Team. He/she will be responsible but not limited to ensuring high quality of service, interfacing as an issues escalation catalyst, resolving problems, and proactively addressing cost savings and optimization opportunities across the Commonwealth agencies. The account manager is responsible to provide the Department of General Services, Lilly Mangan, Commodity Specialist with monthly agency usage reports (Appendix H) and identify/analyze issues and opportunities that may arise over the course of this contract. The Account Manager will be especially accountable for ensuring that the parts ordered are delivered FOB destination within two (2) business days as set in Section IV-4(a) and resolve any issues revolving around delivery, stocking levels, product quality, and other delicate issues that directly affect customer satisfaction levels.
The Account Manager must actively participate in regularly scheduled business review meetings with the Commonwealth to evaluate past performance and address recurring issues. The Commonwealth will use a satisfaction survey to assess quality of service and performance. If any service deficiencies are identified about the contract, the supplier and
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CWOPA representatives will determine a plan of action to ensure that the level of service improves. If after three consecutive meetings, there is minimal or no improvement in the identified areas, CWOPA may decide to terminate the contract. The meetings should take place quarterly during the contract’s life.
C. Emergency Preparedness
To support continuity of operations during an emergency, including a pandemic, the Commonwealth needs a strategy for maintaining operations for an extended period of time. One part of this strategy is to ensure that essential contracts that provide critical business services to the Commonwealth have planned for such an emergency and put contingencies in place to provide needed goods and services.
1. Describe how you anticipate such a crisis will impact your operations. 2. Describe your emergency response continuity of operations plan. Please attach a copy of
your plan, or at a minimum, summarize how your plan addresses the following aspects of pandemic preparedness:
• employee training (describe your organization’s training plan, and how frequently
your plan will be shared with employees) • identified essential business functions and key employees (within your organization)
necessary to carry them out • contingency plans for:
o How your organization will handle staffing issues when a portion of key employees are incapacitated due to illness.
o How employees in your organization will carry out the essential functions if contagion control measures prevent them from coming to the primary workplace.
• How your organization will communicate with staff and suppliers when primary communications systems are overloaded or otherwise fail, including key contacts, chain of communications (including suppliers), etc.
• How and when your emergency plan will be tested, and if the plan will be tested by a third-party.
IV-4. Tasks.
a. Delivery and Minimum Orders As a requirement of this RFP and not allowable as an exception to the RFP, delivery shall be prepaid FOB Destination to the requesting CWOPA agency for all items ordered
within two (2) business days after the order is placed. Exceptions may be made for custom orders, special items, or large orders, when applicable. However, the Commonwealth must approve any deviations from the standard delivery time requirement.
The Contractor must notify the customer of any potential delivery delays within twenty-four (24) hours after receiving a purchase order (Monday – Friday. The Contractor needs to have the
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ability to provide emergency deliveries of MRO supplies within (24) hours of order received. Excessive occurrences of inability to deliver or intentional delays may be cause for contract cancellation and supplier suspension. In the event of an emergency, CWOPA reserves the right to pick up orders at the closest supplier retail center. CWOPA will determine what orders are emergency orders. Minimum order value against this contract for any CWOPA using agency is $50.00 for FOB destination pricing. For orders falling under the $50.00 minimum, the supplier reserves the right to add reasonable freight costs to the purchase order. However, in the same scenario, CWOPA reserves the right to pick up orders at the closest supplier retail location to avoid freight charges and to ensure continuity of operations. The Bidder is required to submit to CWOPA a list of all retail establishments located throughout the Commonwealth of Pennsylvania. Also, Bidders have the ability to waive the minimum order requirement on a case-by-case basis as part of its customer service responsibility. CWOPA also reserves the right to obtain waiver purchases from the Department of General Services’ Bureau of Procurement in favor of non-contracted suppliers when it is advantageous to do so. Order Fill Rate: Order fill rates will be maintained at 98% or greater for all core list items
. Order fill rate, will be defined as “the total number of items on an order filled completely and delivered within the delivery timeframe divided by the total number of items on an order.” Contractor is responsible for providing corrective action per each incident of failure to maintain required fill rate of 98% for all core list items. Should a contractor consistently fail to meet this fill rate without acceptable corrective action, the contractor will be deemed non-responsible, and the contract may be terminated.
Addition/Deletion of Products: The contractor is responsible for notifying the Commonwealth of all new and discontinued products in a timely manner. Additional line items may be added to the contract through mutual agreement of the contractor, and the Department. Fair and accepted pricing will be comparable to similar items or the appropriate based line items. At no time is the contractor allowed to unilaterally change products or pricing. The Contract mandates brand specific items. At no time during the duration of the Contract will any item other than the acceptable brand specified in the contract be accepted by the Facilities unless prior approval by the Department of General Services is granted. If a replacement product is requested for shipment by the Contractor due to brand/label and/or pack change, it must be authorized and approved by the Department of General Services prior to the Contractor shipping that replacement product. All other provisions and Terms and Conditions are unchanged and remain in full effect as set forth in the Contract.
b. Product Specifications The supplier shall provide MRO Supplies to all eligible users of this contract throughout CWOPA. All MRO Supplies offered under this Contract shall be new, unused, and in current production.
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c. Warranty Supplier warrants that all products furnished under the Contract shall be free of defective material and workmanship, and shall otherwise perform in accordance with required performance criteria. Supplier is required to uphold a thirty (30) day warranty or manufacturer warranty (whichever is greater) on all products purchased.
d. Orders The supplier must have the ability to accept orders manually, electronically, over the phone (via a toll-free number), and fax (also via a toll-free number) through a single point of contact. The supplier must notify the ordering agency within twenty-four (24) hours if an item is out of stock, along with the length of the wait time for availability. The ordering agency will then make the determination if it can wait for the proposed delivery. If not, the agency may purchase the item from another source (outside contract).
e. Returns Any items delivered in poor condition, in excess of the amount ordered (by greater than 10%) or not included in the purchase order may, at the discretion of the CWOPA ordering entity, may be returned to the supplier at the supplier’s expense within 30 days. Credit for returned goods shall be made immediately after the supplier receives the returned items. There shall be no restocking fees assessed to CWOPA or eligible contract users. In the event that CWOPA orders the wrong item, the item will be returned to the supplier (either to the distribution center or the closest retail center at the discretion of the Commonwealth using agency) at the expense of CWOPA for the cost of freight only. Credit for returned goods shall be made immediately after the supplier receives the returned item(s). There shall be no restocking fees assessed to CWOPA or eligible contract users.
f. Invoicing The supplier should provide CWOPA’s Comptroller Operations with invoicing that, at a minimum, contains the following information:
• Purchasing entity • Product manufacturer • Manufacturer part number • Supplier part number • Purchase order number • Line item description • Quantity • Catalog list price • CWOPA extended price
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Invoices must come from and payments must go to a single point of contact. There must be one invoice per purchase order. The invoice must follow the same line item format as the purchase order and include all the information that is listed on the purchase order. Supplier to submit all invoicing in black and white format NOT colored paper directly to the Comptroller’s office.
g. Payments The supplier, at a minimum, should have the ability to accept payment via electronic funds transfer (ACH) and p-card. The supplier will provide the Commonwealth with a single point of invoice and payment remittance. The Commonwealth also has an electronic (CXML) method of payment, which is currently in use with our existing MRO contract, and would be a preferred method of payment for the new contract [and supplier(s)]. Any reference to your current electronic payment systems and how they work with large commercial and/or governmental agencies would be welcomed in your RFP response.
h. Reports The supplier must provide electronic usage reports in Microsoft Excel (as determined by the contract administer) to the DGS – Bureau of Procurement contract administrator (Lilly Mangan) monthly or upon request (Appendix H – “Supplier Monthly Report”). The reports must include, at a minimum, a summary report with the net (gross sales minus returns) sales for the period, subtotaled by the purchasing entity name, current price, and current discounts applied, and a detailed report containing the line item details of each purchase order by agency and department. Each line item should include the purchasing entity, delivery address, item category, product manufacturer, manufacturer part number, supplier part number, item description, quantity, catalog list price, CWOPA % discount, CWOPA extended price, order date, and method of purchase (p-card or PO).
i. Electronic Interface It is required that supplier(s) provide a secure, user-friendly Web site catalog tool with CWOPA-specific pricing. In addition, supplier(s) must be able to process and track purchasing card transactions made via phone or in-person via the Web and also point-of-sale purchases occurring at supplier(s) stocking locations.
j. Catalogs Suppliers are required to provide a copy of their most current electronic or printed supplier’s published catalog with current price lists and distribute them to CWOPA and any other eligible users who so request a catalog at no additional charge. Inserts may be required to notify users of product additions or deletions.
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IV-5. Contract Requirements—Disadvantaged Business Participation and Enterprise Zone Small Business Participation. All contracts containing Disadvantaged Business participation and/or Enterprise Zone Small Business participation must also include a provision requiring the selected contractor to meet and maintain those commitments made to Disadvantaged Businesses and/or Enterprise Zone Small Businesses at the time of proposal submittal or contract negotiation, unless a change in the commitment is approved by the BMWBO. All contracts containing Disadvantaged Business participation and/or Enterprise Zone Small Business participation must include a provision requiring Small Disadvantaged Business subcontractors, Enterprise Zone Small Business subcontractors and Small Disadvantaged Businesses or Enterprise Zone Small Businesses in a joint venture to perform at least 50% of the subcontract or Small Disadvantaged Business/Enterprise Zone Small Business participation portion of the joint venture. The selected contractor’s commitments to Disadvantaged Businesses and/or Enterprise Zone Small Businesses made at the time of proposal submittal or contract negotiation shall be maintained throughout the term of the contract and through any renewal or extension of the contract. Any proposed change must be submitted to BMWBO, which will make a recommendation to the Contracting Officer regarding a course of action. If a contract is assigned to another contractor, the new contractor must maintain the Disadvantaged Business participation and/or Enterprise Zone Small Business participation of the original contract. The selected contractor shall complete the Prime Contractor’s Quarterly Utilization Report (or similar type document containing the same information) and submit it to the contracting officer of the Issuing Office and BMWBO within 10 workdays at the end of each quarter the contract is in force. This information will be used to determine the actual dollar amount paid to Small Disadvantaged Business and/or Enterprise Zone Small Business subcontractors and suppliers, and Small Disadvantaged Business and/or Enterprise Zone Small Business participants involved in joint ventures. Also, this information will serve as a record of fulfillment of the commitment the selected contractor made and for which it received Disadvantaged Business and Enterprise Zone Small Business points. If there was no activity during the quarter then the form must be completed by stating “No activity in this quarter.” NOTE: EQUAL EMPLOYMENT OPPORTUNITY AND CONTRACT COMPLIANCE STATEMENTS REFERRING TO COMPANY EQUAL EMPLOYMENT OPPORTUNITY POLICIES OR PAST CONTRACT COMPLIANCE PRACTICES DO NOT CONSTITUTE PROOF OF DISADVANTAGED BUSINESSES STATUS OR ENTITLE AN OFFEROR TO RECEIVE CREDIT FOR DISADVANTAGED BUSINESSES UTILIZATION.
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STANDARD CONTRACT TERMS AND CONDITIONS
FOR DEPARTMENT OF GENERAL SERVICES STATEWIDE CONTRACTS FOR SUPPLIES - SAP
1. TERM OF CONTRACT The term of the Contract shall commence on the Effective Date (as defined below) and shall end on the Expiration Date identified in the Contract, subject to the other provisions of the Contract. The Effective Date shall be: a) the date the Contract has been fully executed by the Contractor and by the Commonwealth and all approvals required by Commonwealth contracting procedures have been obtained or b) the date referenced in the Special Contract Terms and, Conditions and whichever is later. The Contract shall not be a legally binding contract until after the fully-executed Contract has been sent to the Contractor. The fully executed Contract shall not contain "ink" signatures by the Commonwealth. The Contractor understands and agrees that the receipt of an electronically-printed Contract with the printed name of the Commonwealth purchasing agent constitutes a binding, valid contract with the Commonwealth. The printed name of the purchasing agent on the Contract represents the signature of that individual who is authorized to bind the Commonwealth to the obligations contained in the Contract. The printed name also represents that all approvals required by Commonwealth contracting procedures have been obtained. The Contractor shall not start performance until all of the following have occurred: a. the Effective Date has arrived; b. the Contractor has received a copy of the fully-executed Contract; and c. the Contractor has received a purchase order from a Commonwealth agency. The Commonwealth shall not be liable to pay the Contractor for any supply furnished or work performed or expenses incurred before the Effective Date or before the Contractor receives a copy of the fully-executed Contract or before the Contractor has received a purchase order. Except as otherwise provided in Paragraph 3, no Commonwealth employee has the authority to verbally direct the commencement of any work or delivery of any supply under this Contract prior to the Effective Date. The Commonwealth reserves the right, upon notice to the Contractor, to extend the term of the Contract, or any part of the Contract, for up to three (3) months upon the same terms and conditions. This will be utilized to prevent a lapse in Contract coverage and only for the time necessary, up to three (3) months, to enter into a new Contract. 2. ESTIMATED QUANTITIES It shall be understood and agreed that any quantities listed in the Contract are estimated only and may be increased or decreased in accordance with the actual requirements of the Commonwealth and that the Commonwealth in accepting any bid or portion thereof, contracts only and agrees to purchase only in such quantities as represent the actual requirements of the Commonwealth. The Commonwealth reserves the right to purchase items covered under the Contract through a separate procurement procedure, whenever the Department of General Services deems it to be in the best interest of the Commonwealth. 3. PURCHASE ORDERS Commonwealth agencies may issue purchase orders against the Contract. These orders constitute the Contractor‘s authority to make delivery. All purchase orders received by the Contractor up to and including the expiration date of the Contract are acceptable and must be performed in accordance with the Contract. Contractors are not permitted to accept purchase orders which require performance extended beyond those performance time periods specified in the Contract but in no event longer than ninety (90) days after the expiration date of the Contract period. Each purchase order will be deemed to incorporate the terms and conditions set forth in the Contract. Purchase orders will not include an "ink" signature by the Commonwealth. The electronically-printed name of the purchaser represents the signature of that individual who has the authority, on behalf of the Commonwealth, to authorize the Contractor to proceed.
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Purchase orders may be issued electronically or through facsimile equipment. The electronic transmission of a purchase order shall require acknowledgement of receipt of the transmission by the Contractor. Receipt of the electronic or facsimile transmission of the purchase order shall constitute receipt of an order. Orders received by the Contractor after 4:00 p.m. will be considered received the following business day. The Commonwealth and the Contractor specifically agree as follows: a. No handwritten signature shall be required in order for the purchase order to be legally
enforceable. b. Upon receipt of an order, the Contractor shall promptly and properly transmit an
acknowledgement in return. Any order which is issued electronically shall not give rise to any obligation to deliver on the part of the Contractor, or any obligation to receive and pay for delivered products on the part of the Commonwealth agency, unless and until the Commonwealth agency transmitting the order has properly received an acknowledgement.
c. The parties agree that no writing shall be required in order to make the order legally binding,
notwithstanding contrary requirements in any law. The parties hereby agree not to contest the validity or enforceability of a genuine purchase order or acknowledgement issued electronically under the provisions of a statute of frauds or any other applicable law relating to whether certain agreements be in writing and signed by the party bound thereby. Any genuine purchase order or acknowledgement issued electronically, if introduced as evidence on paper in any judicial, arbitration, mediation, or administrative proceedings, will be admissible as between the parties to the same extent and under the same conditions as other business records originated and maintained in documentary form. Neither party shall contest the admissibility of copies of genuine purchase orders or acknowledgements under either the business records exception to the hearsay rule or the best evidence rule on the basis that the order or acknowledgement were not in writing or signed by the parties. A purchase order or acknowledgment shall be deemed to be genuine for all purposes if it is transmitted to the location designated for such documents.
d. Each party will immediately take steps to verify any document that appears to be obviously
garbled in transmission or improperly formatted to include re-transmission of any such document if necessary.
Purchase orders under five thousand dollars ($5,000) in total amount may also be made in person or by telephone using a Commonwealth Procurement VISA Card. When an order is placed by telephone, the Commonwealth agency shall provide the agency name, employee name, credit card number, and expiration date of the card. Contractors agree to accept payment through the use of the Commonwealth Procurement VISA card. 4. INDEPENDENT CONTRACTOR In performing the obligations required by the Contract, the Contractor will act as an independent contractor and not as an employee or agent of the Commonwealth. 5. COMPLIANCE WITH LAW The Contractor shall comply with all applicable federal and state laws and regulations and local ordinances in the performance of the Contract. 6. ENVIRONMENTAL PROVISIONS In the performance of the Contract, the Contractor shall minimize pollution and shall strictly comply with all applicable environmental laws and regulations. 7. POST-CONSUMER RECYCLED CONTENT Except as specifically waived by the Department of General Services in writing, any products which are provided to the Commonwealth as a part of the performance of the Contract must meet the minimum percentage levels for total recycled content as specified in Exhibits A-1 through A-8 to these Standard Contract Terms and Conditions.
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8. COMPENSATION/INVOICES The Contractor shall be required to furnish the awarded item(s) at the price(s) quoted in the Contract. All item(s) shall be delivered within the time period(s) specified in the Contract. The Contractor shall be compensated only for item(s) which are delivered and accepted by the Commonwealth. Unless otherwise specified or unless the Contractor has been authorized by the Commonwealth for Evaluated Receipt Settlement or Vendor Self-Invoicing, the Contractor shall send an invoice itemized by purchase order line item to the address referenced on the purchase order promptly after the item(s) are delivered. The invoice should include only amounts due under the purchase order. The purchase order number must be included on all invoices. 9. PAYMENT a. The Commonwealth shall put forth reasonable efforts to make payment by the required payment
date. The required payment date is: (a) the date on which payment is due under the terms of the Contract; (b) thirty (30) days after a proper invoice actually is received at the “Bill To” address on the contract purchase order, if a date on which payment is due is not specified in the Contract (a “proper” invoice is not received until the Commonwealth accepts the item(s) as satisfactorily performed); or (c) the payment date specified on the invoice if later than the dates established by (a) and (b) above. Payment may be delayed if the payment amount on an invoice is not based upon the price(s) as stated in the Contract. If any payment is not made within fifteen (15) days after the required payment date, the Commonwealth may pay interest as determined by the Secretary of Budget in accordance with Act No. 266 of 1982 and regulations promulgated pursuant thereto. Payment should not be construed by the Contractor as acceptance of the item(s) furnished by the Contractor. The Commonwealth reserves the right to conduct further testing and inspection after payment, but within a reasonable time after delivery, and to reject the item(s) if such post payment testing or inspection discloses a defect or a failure to meet specifications. The Contractor agrees that the Commonwealth may set off the amount of any state tax liability or other obligation of the Contractor or its subsidiaries to the Commonwealth against any payments due the Contractor under any contract with the Commonwealth.
b. The Commonwealth shall have the option of using the Commonwealth Purchasing Card to make purchases under the Contract. The Commonwealth Purchasing Card is similar to a credit card in that there will be a small fee which the Contractor will be required to pay and the Contractor will receive payment directly from the card issuer rather than the Commonwealth. Any and all fees related to this type of payment are the responsibility of the Contractor. In no case will the Commonwealth allow increases in prices to offset credit card fees paid by the Contractor or any other charges incurred by the Contractor, unless specifically stated in the terms of the Contract.
c. The Commonwealth will make contract payments through Automated Clearing House
(ACH).
1) Within 10 days of award of the contract or purchase order, the contractor must submit or must have already submitted their ACH information within their user profile in the Commonwealth’s procurement system (SRM).
2) The contractor must submit a unique invoice number with each invoice submitted. The unique invoice number will be listed on the Commonwealth of Pennsylvania’s ACH remittance advice to enable the contractor to properly apply the state agency’s payment to the invoice submitted.
3) It is the responsibility of the contractor to ensure that the ACH information contained in SRM is accurate and complete. Failure to maintain accurate and complete information may result in delays in payments.
10. TAXES The Commonwealth is exempt from all excise taxes imposed by the Internal Revenue Service and has accordingly registered with the Internal Revenue Service to make tax free purchases under Registration No. 2374001-K. With the exception of purchases of the following items, no exemption certificates are required and none will be issued: undyed diesel fuel, tires, trucks, gas guzzler emergency vehicles, and sports fishing equipment. The Commonwealth is also exempt from Pennsylvania state sales tax, local sales tax, public
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transportation assistance taxes and fees and vehicle rental tax. The Department of Revenue regulations provide that exemption certificates are not required for sales made to governmental entities and none will be issued. Nothing in this paragraph is meant to exempt a construction contractor from the payment of any of these taxes or fees which are required to be paid with respect to the purchase, use, rental, or lease of tangible personal property or taxable services used or transferred in connection with the performance of a construction contract. 11. WARRANTY The Contractor warrants that all item(s) furnished by the Contractor, its agents and subcontractors shall be free and clear of any defects in workmanship or materials. The Contractor shall pass through to the Commonwealth the manufacturer’s warranty for all parts or supplies provided under the Contract. The Contractor shall correct any problem with the service and/or replace any defective part with a part of equivalent or superior quality without any additional cost to the Commonwealth. 12. DELIVERY All item(s) shall be delivered F.O.B. Destination. The Contractor agrees to bear the risk of loss, injury, or destruction of the item(s) ordered prior to receipt of the items by the Commonwealth. Such loss, injury, or destruction shall not release the Contractor from any contractual obligations. Except as otherwise provided in Paragraph 20, all item(s) must be delivered within the time period specified on the contract purchase order. Time is of the essence and, in addition to any other remedies, the contract purchase order is subject to termination for failure to deliver as specified. Unless otherwise stated by the Contractor in its Bid or indicated in the Special Contract Terms and Conditions, delivery must be made within thirty (30) days after award of the Contract Purchase Order. 13. PATENT, COPYRIGHT, AND TRADEMARK INDEMNITY The Contractor warrants that it is the sole owner or author of, or has entered into a suitable legal agreement concerning either: a) the design of the item(s) or the process provided or used in the performance of the purchase order which is covered by a patent, copyright, or trademark registration or other right duly authorized by state or federal law or b) any copyrighted matter in any report document or other material provided to the Commonwealth under the purchase order. The Contractor shall defend any suit or proceeding brought against the Commonwealth on account of any alleged patent, copyright or trademark infringement in the United States of the item(s) provided or used in the performance of the Contract. This is upon condition that the Commonwealth shall provide prompt notification in writing of such suit or proceeding; full right, authorization and opportunity to conduct the defense thereof; and full information and all reasonable cooperation for the defense of same. As principles of governmental or public law are involved, the Commonwealth may participate in or choose to conduct, in its sole discretion, the defense of any such action. If information and assistance are furnished by the Commonwealth at the Contractor’s written request, it shall be at the Contractor’s expense, but the responsibility for such expense shall be only that within the Contractor’s written authorization. The Contractor shall indemnify and hold the Commonwealth harmless from all damages, costs, and expenses, including attorney’s fees that the Contractor or the Commonwealth may pay or incur by reason of any infringement or violation of the rights occurring to any holder of copyright, trademark, or patent interests and rights in any item(s) provided or used in the performance of the purchase order. If any of the item(s) provided by the Contractor are held in such suit or proceeding to constitute infringement and the use is enjoined, the Contractor shall, at its own expense and at its option, either procure the right to continue use of such infringement item(s), replace them with noninfringement equal performance item(s) or modify them so that they are no longer infringing. If the Contractor is unable to do any of the preceding, the Contractor agrees to remove all the equipment or software which is obtained contemporaneously with the infringing item(s), or, at the option of the Commonwealth, only those items of equipment or software which are held to be infringing, and to pay the Commonwealth: 1) any amounts paid by the Commonwealth towards the item(s) of the product, less straight line depreciation; 2) any license fee paid by the Commonwealth for the use of any software, less a reasonable amount for the period of usage; and 3) the pro rata portion of any maintenance fee representing the time remaining in any period of maintenance paid for. The obligations of the Contractor under this paragraph continue without time limit. No costs or expenses shall be incurred for the account of the Contractor without its written consent.
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14. OWNERSHIP RIGHTS The Commonwealth shall have unrestricted authority to reproduce, distribute, and use any submitted report, data, or material, and any software or modifications and any associated documentation that is designed or developed and delivered to the Commonwealth as part of the performance of the Contract. 15. ASSIGNMENT OF ANTITRUST CLAIMS The Contractor and the Commonwealth recognize that in actual economic practice, overcharges by the Contractor’s suppliers resulting from violations of state or federal antitrust laws are in fact borne by the Commonwealth. As part of the consideration for the award of the Contract, and intending to be legally bound, the Contractor assigns to the Commonwealth all right, title and interest in and to any claims the Contractor now has, or may acquire, under state or federal antitrust laws relating to the supplies and services which are the subject of the Contract. 16. HOLD HARMLESS PROVISION The Contractor shall hold the Commonwealth harmless from and indemnify the Commonwealth against any and all claims, demands and actions based upon or arising out of any activities performed by the Contractor and its employees and agents under this Contract and shall, at the request of the Commonwealth, defend any and all actions brought against the Commonwealth based upon any such claims or demands. 17. AUDIT PROVISIONS The Commonwealth shall have the right, at reasonable times and at a site designated by the Commonwealth, to audit the books, documents and records of the Contractor to the extent that the books, documents and records relate to costs or pricing data for the Contract. The Contractor agrees to maintain records which will support the prices charged and costs incurred for the Contract. The Contractor shall preserve books, documents, and records that relate to costs or pricing data for the Contract for a period of three (3) years from date of final payment. The Contractor shall give full and free access to all records to the Commonwealth and/or their authorized representatives. 18. INSPECTION AND REJECTION No item(s) received by the Commonwealth shall be deemed accepted until the Commonwealth has had a reasonable opportunity to inspect the item(s). Any item(s) which is discovered to be defective or fails to conform to the specifications may be rejected upon initial inspection or at any later time if the defects contained in the item(s) or the noncompliance with the specifications were not reasonably ascertainable upon the initial inspection. It shall thereupon become the duty of the Contractor to remove rejected item(s) from the premises without expense to the Commonwealth within fifteen (15) days after notification. Rejected item(s) left longer than fifteen (15) days will be regarded as abandoned, and the Commonwealth shall have the right to dispose of them as its own property and shall retain that portion of the proceeds of any sale which represents the Commonwealth’s costs and expenses in regard to the storage and sale of the item(s). Upon notice of rejection, the Contractor shall immediately replace all such rejected item(s) with others conforming to the specifications and which are not defective. If the Contractor fails, neglects or refuses to do so, the Commonwealth shall then have the right to procure a corresponding quantity of such item(s), and deduct from any monies due or that may thereafter become due to the Contractor, the difference between the price stated in the Contract and the actual cost thereof to the Commonwealth. 19. DEFAULT a. The Commonwealth may, subject to the provisions of Paragraph 20, Force Majeure, and in
addition to its other rights under the Contract, declare the Contractor in default by written notice thereof to the Contractor, and terminate (as provided in Paragraph 21, Termination Provisions) the whole or any part of this Contract including a purchase order, for any of the following reasons: 1) Failure to deliver the awarded item(s) within the time specified in the Contract or contract
purchase order or as otherwise specified; 2) Improper delivery;
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3) Failure to provide an item(s) which is in conformance with the specifications referenced in
the Invitation For Bids;
4) Delivery of a defective item;
5) Failure or refusal to remove and replace any item(s) rejected as defective or nonconforming within fifteen (15) days after notification;
6) Insolvency or bankruptcy;
7) Assignment made for the benefit of creditors;
8) Failure to protect, to repair, or to make good any damage or injury to property; or 9) Breach of any provision of this Contract.
b. In the event that the Commonwealth terminates this Contract in whole or in part as provided in
Subparagraph a. above, the Commonwealth may procure, upon such terms and in such manner as it determines, on item(s) similar or identical to those so terminated, and the Contractor shall be liable to the Commonwealth for any reasonable excess costs for such similar or identical item(s) included within the terminated part of the Contract.
c. If the Contract is terminated in whole or in part as provided in Subparagraph a. above, the
Commonwealth, in addition to any other rights provided in this paragraph, may require the Contractor to transfer title and deliver immediately to the Commonwealth in the manner and to the extent directed by the Department of General Services, such partially manufactured or delivered item(s) as the Contractor has specifically produced or specifically acquired for the performance of such part of the Contract as has been terminated. Except as provided below, payment for any partially manufactured or delivered item(s) accepted by the Commonwealth shall be in an amount agreed upon by the Contractor and the Commonwealth. The Commonwealth may withhold from amounts otherwise due the Contractor for such partially manufactured or delivered item(s), such sum as the Commonwealth determines to be necessary to protect the Commonwealth against loss.
d. The rights and remedies of the Commonwealth provided in this paragraph shall not be exclusive
and are in addition to any other rights and remedies provided by law or under this Contract.
e. The Commonwealth’s failure to exercise any rights or remedies provided in this paragraph shall not be construed to be a waiver by the Commonwealth of its rights and remedies in regard to the event of default or any succeeding event of default.
f. Following exhaustion of the Contractor’s administrative remedies as set forth in Paragraph 22, the Contractor's exclusive remedy shall be to seek damages in the Board of Claims.
20. FORCE MAJEURE Neither party will incur any liability to the other if its performance of any obligation under this Contract is prevented or delayed by causes beyond its control and without the fault or negligence of either party. Causes beyond a party’s control may include, but are not limited to, acts of God or war, changes in controlling law, regulations, orders or the requirements of any governmental entity, severe weather conditions, civil disorders, natural disasters, fire, epidemics and quarantines, general strikes throughout the trade, and freight embargoes. The Contractor shall notify the Commonwealth orally within five (5) days and in writing within ten (10) days of the date on which the Contractor becomes aware, or should have reasonably become aware, that such cause would prevent or delay its performance. Such notification shall (i) describe fully such cause(s) and its effect on performance, (ii) state whether performance under the contract is prevented or delayed and (iii) if performance is delayed, state a reasonable estimate of the duration of the delay. The Contractor shall have the burden of proving that such cause(s) delayed or prevented its performance despite its diligent efforts to perform and shall produce such supporting documentation as the Commonwealth may reasonably request. After receipt of such notification, the Commonwealth may elect
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either to cancel the Contract or to extend the time for performance as reasonably necessary to compensate for the Contractor’s delay. In the event of a declared emergency by competent governmental authorities, the Commonwealth by notice to the Contractor, may suspend all or a portion of the Contract. 21. TERMINATION PROVISIONS The Commonwealth has the right to terminate this Contract for any of the following reasons. Termination shall be effective upon written notice to the Contractor. a. TERMINATION FOR CONVENIENCE: The Commonwealth shall have the right to terminate the
Contract or a purchase order for its convenience if the Commonwealth determines termination to be in its best interest. The Contractor shall be paid for work satisfactorily completed prior to the effective date of the termination, but in no event shall the Contractor be entitled to recover loss of profits.
b. NON-APPROPRIATION: The Commonwealth’s obligation to make payments during any
Commonwealth fiscal year succeeding the current fiscal year shall be subject to availability and appropriation of funds. When funds (state and/or federal) are not appropriated or otherwise made available to support continuation of performance in a subsequent fiscal year period, the Commonwealth shall have the right to terminate the Contract or purchase order. The Contractor shall be reimbursed for the reasonable value of any nonrecurring costs incurred but not amortized in the price of the supplies or services delivered under the contract or purchase order. Such reimbursement shall not include loss of profit, loss of use of money, or administrative or overhead costs. The reimbursement amount may be paid from any appropriations available for that purpose.
c. TERMINATION FOR CAUSE: The Commonwealth shall have the right to terminate the Contract for Contractor default under Paragraph 19, Default, upon written notice to the Contractor. The Commonwealth shall also have the right, upon written notice to the Contractor, to terminate the Contract or a purchase order for other cause as specified in this Contract or by law. If it is later determined that the Commonwealth erred in terminating the Contract or a contract purchase order for cause, then, at the Commonwealth’s discretion, the Contract shall be deemed to have been terminated for convenience under the Subparagraph 21.a.
22. CONTRACT CONTROVERSIES a. In the event of a controversy or claim arising from the Contract, the Contractor must, within six
months after the cause of action accrues, file a written claim with the contracting officer for a determination. The claim shall state all grounds upon which the Contractor asserts a controversy exists. If the Contractor fails to file a claim or files an untimely claim, the Contractor is deemed to have waived its right to assert a claim in any forum.
b. The contracting officer shall review timely-filed claims and issue a final determination, in writing,
regarding the claim. The final determination shall be issued within 120 days of the receipt of the claim, unless extended by consent of the contracting officer and the Contractor. The contracting officer shall send his/her written determination to the Contractor. If the contracting officer fails to issue a final determination within the 120 days (unless extended by consent of the parties), the claim shall be deemed denied. The contracting officer's determination shall be the final order of the purchasing agency.
c. Within fifteen (15) days of the mailing date of the determination denying a claim or within 135 days
of filing a claim if, no extension is agreed to by the parties, whichever occurs first, the Contractor may file a statement of claim with the Commonwealth Board of Claims. Pending a final judicial resolution of a controversy or claim, the Contractor shall proceed diligently with the performance of the Contract in a manner consistent with the determination of the contracting officer and the Commonwealth shall compensate the Contractor pursuant to the terms of the Contract.
23. ASSIGNABILITY AND SUBCONTRACTING a. Subject to the terms and conditions of this Paragraph 23, the Contract shall be binding upon the
parties and their respective successors and assigns.
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b. The Contractor shall not subcontract with any person or entity to perform all or any part of the work
to be performed under the Contract without the prior written consent of the Department of General Services, which consent may be withheld at the sole and absolute discretion of the Department of General Services.
c. The Contractor may not assign, in whole or in part, the Contract or its rights, duties, obligations, or responsibilities hereunder without the prior written consent of the Department of General Services, which consent may be withheld at the sole and absolute discretion of the Department of General Services.
d. Notwithstanding the foregoing, the Contractor may, without the consent of the Department of General Services, assign its rights to payment to be received under the Contract or a contract purchase order, provided that the Contractor provides written notice of such assignment to the Buyer and the ordering Commonwealth agency together with a written acknowledgement from the assignee that any such payments are subject to all of the terms and conditions of the Contract.
e. For the purposes of the Contract, the term “assign” shall include, but shall not be limited to, the sale, gift, assignment, pledge, or other transfer of any ownership interest in the Contractor provided, however, that the term shall not apply to the sale or other transfer of stock of a publicly traded company.
f. Any assignment consented to by the Department of General Services shall be evidenced by a written assignment agreement executed by the Contractor and its assignee in which the assignee agrees to be legally bound by all of the terms and conditions of the Contract and to assume the duties, obligations, and responsibilities being assigned.
g. A change of name by the Contractor, following which the Contractor’s federal identification number remains unchanged, shall not be considered to be an assignment hereunder. The Contractor shall give the Buyer written notice of any such change of name.
24. NONDISCRIMINATION/SEXUAL HARASSMENT CLAUSE During the term of the Contract, Contractor agrees as follows: a. In the hiring of any employees for the manufacture of supplies, performance of work, or any other
activity required under the Contract or any subcontract, the Contractor, subcontractor or any person acting on behalf of the Contractor or subcontractor shall not by reason of gender, race, creed, or color discriminate against any citizen of this Commonwealth who is qualified and available to perform the work to which the employment relates.
b. Neither the Contractor nor any subcontractor nor any person on their behalf shall in any manner discriminate against or intimidate any employee involved in the manufacture of supplies, the performance of work or any other activity required under the Contract on account of gender, race, creed, or color.
c. The Contractor and subcontractors shall establish and maintain a written sexual harassment policy and shall inform its employees of the policy. The policy must contain a notice that sexual harassment will not be tolerated and employees who practice it will be disciplined.
d. The Contractor shall not discriminate by reason of gender, race, creed, or color against any subcontractor or supplier who is qualified to perform the work to which the contract relates.
e. The Contractor and each subcontractor shall furnish all necessary employment documents and records to and permit access to its books, records, and accounts by the contracting officer and the Department of General Services' Bureau of Contract Administration and Business Development for purposes of investigation to ascertain compliance with the provisions of this Nondiscrimination/Sexual Harassment Clause. If the Contractor or any subcontractor does not possess documents or records reflecting the necessary information requested, it shall furnish such information on reporting forms supplied by the contracting officer or the Bureau of Contract Administration and Business Development.
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f. The Contractor shall include the provisions of this Nondiscrimination/Sexual Harassment Clause in every subcontract so that such provisions will be binding upon each subcontractor.
g. The Commonwealth may cancel or terminate the Contract, and all money due or to become due
under the Contract may be forfeited for a violation of the terms and conditions of this Nondiscrimination/Sexual Harassment Clause. In addition, the agency may proceed with debarment or suspension and may place the Contractor in the Contractor Responsibility File.
25. CONTRACTOR INTEGRITY PROVISIONS a. For purposes of this clause only, the words “confidential information,” “consent,” “contractor,”
“financial interest,” and “gratuity” shall have the following definitions.
1) Confidential information means information that is not public knowledge, or available to the public on request, disclosure of which would give an unfair, unethical, or illegal advantage to another desiring to contract with the Commonwealth.
2) Consent means written permission signed by a duly authorized officer or employee of the
Commonwealth, provided that where the material facts have been disclosed, in writing, by prequalification, bid, proposal, or contractual terms, the Commonwealth shall be deemed to have consented by virtue of execution of this agreement.
3) Contractor means the individual or entity that has entered into the Contract with the
Commonwealth, including directors, officers, partners, managers, key employees and owners of more than a five percent interest.
4) Financial interest means:
a) Ownership of more than a five percent interest in any business; or
b) Holding a position as an officer, director, trustee, partner, employee, or the like, or
holding any position of management.
5) Gratuity means any payment of more than nominal monetary value in the form of cash, travel, entertainment, gifts, meals, lodging, loans, subscriptions, advances, deposits of money, services, employment, or contracts of any kind.
b. The Contractor shall maintain the highest standards of integrity in the performance of the Contract
and shall take no action in violation of state or federal laws, regulations, or other requirements that govern contracting with the Commonwealth.
c. The Contractor shall not disclose to others any confidential information gained by virtue of the
Contract. d. The Contractor shall not, in connection with this or any other agreement with the Commonwealth,
directly, or indirectly, offer, confer, or agree to confer any pecuniary benefit on anyone as consideration for the decision, opinion, recommendation, vote, other exercise of discretion, or violation of a known legal duty by any officer or employee of the Commonwealth.
e. The Contractor shall not, in connection with this or any other agreement with the Commonwealth,
directly or indirectly, offer, give, or agree or promise to give to anyone any gratuity for the benefit of or at the direction or request of any officer or employee of the Commonwealth.
f. Except with the consent of the Commonwealth, neither the Contractor nor anyone in privity with
him or her shall accept or agree to accept from, or give or agree to give to, any person, any gratuity from any person in connection with the performance of work under the Contract except as provided therein.
g. Except with the consent of the Commonwealth, the Contractor shall not have a financial interest in
any other contractor, subcontractor, or supplier providing services, labor, or material on this project.
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h. The Contractor, upon being informed that any violation of these provisions has occurred or may occur, shall immediately notify the Commonwealth in writing.
i. The Contractor, by execution of the Contract and by the submission of any bills or invoices for
payment pursuant thereto, certifies, and represents that he or she has not violated any of these provisions.
j. The Contractor, upon the inquiry or request of the Inspector General of the Commonwealth or any
of that official’s agents or representatives, shall provide, or if appropriate, make promptly available for inspection or copying, any information of any type or form deemed relevant by the Inspector General to the Contractor’s integrity or responsibility, as those terms are defined by the Commonwealth’s statutes, regulations, or management directives. Such information may include, but shall not be limited to, the Contractor’s business or financial records, documents or files of any type or form which refers to or concern the Contract. Such information shall be retained by the Contractor for a period of three years beyond the termination of the Contract unless otherwise provided by law.
k. For violation of any of the above provisions, the Commonwealth may terminate this and any other
agreement with the Contractor, claim liquidated damages in an amount equal to the value of anything received in breach of these provisions, claim damages for all expenses incurred in obtaining another Contractor to complete performance hereunder, and debar and suspend the Contractor from doing business with the Commonwealth. These rights and remedies are cumulative, and the use or nonuse of any one shall not preclude the use of all or any other. These rights and remedies are in addition to those the Commonwealth may have under law, statute, regulation, or otherwise.
26. CONTRACTOR RESPONSIBILITY PROVISIONS a. The Contractor certifies, for itself and all its subcontractors, that as of the date of its execution of
the bid/contract, that neither the Contractor, nor any subcontractors, nor any suppliers are under suspension or debarment by the Commonwealth or any governmental entity, instrumentality, or authority and, if the Contractor cannot so certify, then it agrees to submit, along with its Bid, a written explanation of why such certification cannot be made.
b. The Contractor must also certify, in writing, that as of the date of its execution of the bid/contract, it has no tax liabilities or other Commonwealth obligations.
c. The Contractor’s obligations pursuant to these provisions are ongoing from and after the effective date of the contract through the termination date thereof. Accordingly, the Contractor shall have an obligation to inform the Commonwealth if, at any time during the term of the Contract, it becomes delinquent in the payment of taxes, or other Commonwealth obligations, or if it or any of its subcontractors are suspended or debarred by the Commonwealth, the federal government, or any other state or governmental entity. Such notification shall be made within 15 days of the date of suspension or debarment.
d. The failure of the Contractor to notify the Commonwealth of its suspension or debarment by the Commonwealth, any other state, or the federal government shall constitute an event of default of the Contract with the Commonwealth.
e. The Contractor agrees to reimburse the Commonwealth for the reasonable costs of investigation incurred by the Office of State Inspector General for investigations of the Contractor’s compliance with the terms of this or any other agreement between the Contractor and the Commonwealth, which results in the suspension or debarment of the Contractor. Such costs shall include, but shall not be limited to, salaries of investigators, including overtime; travel and lodging expenses; and expert witness and documentary fees. The Contractor shall not be responsible for investigative costs for investigations that do not result in the Contractor’s suspension or debarment.
f. The Contractor may obtain a current list of suspended and debarred Commonwealth contractors by either searching the internet at http://www.dgs.state.pa.us or contacting the: Department of General Services Office of Chief Counsel 603 North Office Building
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Harrisburg, PA 17125 Telephone No. (717) 783-6472 FAX No. (717) 787-9138
27. AMERICANS WITH DISABILITIES ACT a. Pursuant to federal regulations promulgated under the authority of The Americans With Disabilities
Act, 28 C.F.R. § 35.101 et seq., the Contractor understands and agrees that it shall not cause any individual with a disability to be excluded from participation in this Contract or from activities provided for under this Contract on the basis of the disability. As a condition of accepting this contract, the Contractor agrees to comply with the “General Prohibitions Against Discrimination,” 28 C.F.R. § 35.130, and all other regulations promulgated under Title II of The Americans With Disabilities Act which are applicable to all benefits, services, programs, and activities provided by the Commonwealth of Pennsylvania through contracts with outside contractors.
b. The Contractor shall be responsible for and agrees to indemnify and hold harmless the
Commonwealth of Pennsylvania from all losses, damages, expenses, claims, demands, suits, and actions brought by any party against the Commonwealth of Pennsylvania as a result of the Contractor’s failure to comply with the provisions of subparagraph a above.
28. HAZARDOUS SUBSTANCES The Contractor shall provide information to the Commonwealth about the identity and hazards of hazardous substances supplied or used by the Contractor in the performance of the Contract. The Contractor must comply with Act 159 of October 5, 1984, known as the “Worker and Community Right to Know Act” (the “Act”) and the regulations promulgated pursuant thereto at 4 Pa. Code Section 301.1 et seq. a. Labeling. The Contractor shall insure that each individual product (as well as the carton, container
or package in which the product is shipped) of any of the following substances (as defined by the Act and the regulations) supplied by the Contractor is clearly labeled, tagged or marked with the information listed in Paragraph (1) through (4):
1) Hazardous substances:
a) The chemical name or common name,
b) A hazard warning, and
c) The name, address, and telephone number of the manufacturer.
2) Hazardous mixtures:
a) The common name, but if none exists, then the trade name,
b) The chemical or common name of special hazardous substances comprising .01%
or more of the mixture,
c) The chemical or common name of hazardous substances consisting 1.0% or more of the mixture,
d) A hazard warning, and
e) The name, address, and telephone number of the manufacturer.
3) Single chemicals:
a) The chemical name or the common name,
b) A hazard warning, if appropriate, and
c) The name, address, and telephone number of the manufacturer.
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4) Chemical Mixtures: a) The common name, but if none exists, then the trade name,
b) A hazard warning, if appropriate,
c) The name, address, and telephone number of the manufacturer, and
d) The chemical name or common name of either the top five substances by volume
or those substances consisting of 5.0% or more of the mixture.
A common name or trade name may be used only if the use of the name more easily or readily identifies the true nature of the hazardous substance, hazardous mixture, single chemical, or mixture involved.
Container labels shall provide a warning as to the specific nature of the hazard arising from the substance in the container.
The hazard warning shall be given in conformity with one of the nationally recognized and accepted systems of providing warnings, and hazard warnings shall be consistent with one or more of the recognized systems throughout the workplace. Examples are:
• NFPA 704, Identification of the Fire Hazards of Materials.
• National Paint and Coatings Association: Hazardous Materials Identification
System.
• American Society for Testing and Materials, Safety Alert Pictorial Chart.
• American National Standard Institute, Inc., for the Precautionary Labeling of Hazardous Industrial Chemicals.
Labels must be legible and prominently affixed to and displayed on the product and the carton, container, or package so that employees can easily identify the substance or mixture present therein.
b. Material Safety Data Sheet. The contractor shall provide Material Safety Data Sheets (MSDS) with the information required by the Act and the regulations for each hazardous substance or hazardous mixture. The Commonwealth must be provided an appropriate MSDS with the initial shipment and with the first shipment after an MSDS is updated or product changed. For any other chemical, the contractor shall provide an appropriate MSDS, if the manufacturer, importer, or supplier produces or possesses the MSDS. The contractor shall also notify the Commonwealth when a substance or mixture is subject to the provisions of the Act. Material Safety Data Sheets may be attached to the carton, container, or package mailed to the Commonwealth at the time of shipment.
29. COVENANT AGAINST CONTINGENT FEES The Contractor warrants that no person or selling agency has been employed or retained to solicit or secure the contract purchase order upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee, except bona fide employees or bona fide established commercial or selling agencies maintained by the Contractor for the purpose of securing business. For breach or violation of this warranty, the Commonwealth shall have the right to terminate the contract purchase order without liability or in its discretion to deduct from the contract price or consideration, or otherwise recover the full amount of such commission, percentage, brokerage, or contingent fee. 30. APPLICABLE LAW The Contract shall be governed by and interpreted and enforced in accordance with the laws of the Commonwealth of Pennsylvania (without regard to any conflict of laws provisions) and the decisions of the Pennsylvania courts. The Contractor consents to the jurisdiction of any court of the Commonwealth of Pennsylvania and any federal courts in Pennsylvania, waiving any claim or defense that such forum is not
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convenient or proper. The Contractor agrees that any such court shall have in personam jurisdiction over it, and consents to service of process in any manner authorized by Pennsylvania law. 31. INTEGRATION The RFQ - Invitation For Bids form and the Contract form, including all documents referenced on the forms, as well as the purchase orders constitute the entire agreement between the parties. No agent, representative, employee or officer of either the Commonwealth or the Contractor has authority to make, or has made, any statement, agreement or representation, oral or written, in connection with the Contract, which is any way can be deemed to modify add to or detract from, or otherwise change or alter its terms and conditions. No negotiations between the parties, nor any custom or usage, shall be permitted to modify or contradict any of the terms and conditions of the Contract. No modifications, alterations, changes, or waiver to the Contract or any of its terms shall be valid or binding unless accomplished by a written amendment signed by both parties or by a change order signed by the Commonwealth. All such amendments and change orders will be made using the appropriate Commonwealth form. 32. CHANGES The Commonwealth reserves the right to make changes at any time during the term of the Contract or any renewals or extensions thereof: 1) to increase or decrease the quantities resulting from variations between any estimated quantities in the Contract and actual quantities; 2) to make changes to the supply within the scope of the Contract; 3) to exercise an option to purchase or early payment option; 4) to notify the Contractor that the Commonwealth is exercising any Contract renewal or extension option; or 5) to modify the time of performance that does not alter the scope of the Contract to extend the completion date beyond the Expiration Date of the Contract or any renewals or extensions thereof. Any such change shall be made by: a. the contracting officer shown on the Contract form, or b. the agency contracting officer for changes to purchase orders, by notifying the Contractor in writing. The change shall be effective as of the date of the notification of change, unless the change specifies a later effective date. Such increases, decreases, changes, modifications or exercises of purchase options will not invalidate the Contract, nor, if performance security is being furnished in conjunction with the Contract, release the security obligation. The Contractor agrees to provide the supply in accordance with the change. Any dispute by the Contractor in regard to the performance required by any notification of change shall be handled through Paragraph 22, “Contract Controversies”.
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EXHIBIT A-1
CONSTRUCTION PRODUCTS RECYCLED CONTENT
(A) REQUIREMENT All construction products offered by the bidder, or included in the final product offered by the bidder, and sold to the Commonwealth must contain the minimum percentage of post-consumer and recovered material content as shown below for the applicable products:
Construction Products
Material
% of Post-Consumer Materials
% of Total Recovered Materials
Structural Fiberboard Recovered Materials - 80 Laminated Paperboard Post-consumer Paper 100 - Rock Wool Insulation Slag - 75 Fiberglass Insulation Glass Cullet - 20 Cellulose Insulation (loose-fill and spray-on) Post-consumer Paper 75 - Perlite Composite Board Insulation Post-consumer Paper 23 - Plastic Rigid Foam, Polyisocyanurate/ Polyurethane: Rigid Foam Insulation
Recovered Material - 9
Foam-in-Place Insulation Recovered Material - 5 Glass Fiber Reinforced Insulation Recovered Material - 6 Phenolic Rigid Foam Insulation Recovered Material - 5 Floor Tiles (heavy duty/commercial use) Rubber
Plastic 90 -
- 90
Patio Blocks Rubber or Rubber Blends Plastic or Plastic Blends
90 -
- 90
Polyester Carpet Fiber Face Polyethylene terephthalate (PET) resin
25 -
Latex Paint: --Consolidated1 --Reprocessed2 -----White, Off-White, Pastel Colors -----Grey, Brown, Earthtones, and Other Dark Colors
Recovered Material Recovered Material Recovered Material
100
20 50
- - -
Shower and Restroom Dividers/Partitions: Plastic 20 -
Steel4
16 67
9 33
Carpet Cushion: --Bonded Polyurethane --Jute --Synthetic Fibers --Rubber
Old Carpet Cushion Burlap Carpet Fabrication Scrap Tire Rubber
15 40 -
60
- -
100 -
Railroad Grade Crossing Surfaces --Concrete --Rubber3 --Steel4
Coal Fly Ash Tire Rubber Steel
- -
16 67
15 85 9 33
“Post-consumer” material is “material or finished product that has served its intended use and has been diverted or recovered from waste destined for disposal, having completed it life as a consumer item. Post-consumer material is part of the broader category of recovered material.”
“Recovered Materials” refers to waste materials and by-products which have been recovered or diverted from solid waste, but does not include those materials and by-products generated from, and commonly reused within, an original manufacturing process
1 Consolidated latex paint used for covering graffiti, where color and consistency of performance are not primary concerns. 2 Reprocessed latex paint used for interior and exterior architectural applications such as wallboard, ceiling, and trim; gutterboards; and concrete, stucco, masonry, wood, and metal surfaces. 3The recommended recovered materials content for rubber railroad grade crossing surfaces are based on the weight of the raw materials, exclusive of any additives such as binders or additives 4 The recommended recovered materials content levels for steel in this table reflect the fact that the designated items can be made from steel manufactured from either a Basic Oxygen Furnace (BOF) or an Electric Arc Furnace (EAF). Steel from the BOF process contains 25-30% total recovered materials, of which 16% is post-consumer steel. Steel from the EAF process contains a total of 100% recovered steel, of which 67% is post-consumer.
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(B) BIDDER’S CERTIFICATION Bidder certifies that the construction product(s) which the bidder is offering contains the required minimum percentage of post-consumer and recovered material content as shown above for the product.
(C) MANUFACTURER/MILL CERTIFICATION In addition to the Bidders Certification in Subsection (B), a manufacturer certification must be completed and signed by the manufacturer before payment will be made to the successful bidder for the delivered items. The enclosed Manufacturer/Mill Certification form must be used. Bidders are not required to submit the completed and signed Manufacturer/MIll Certification form with their bids. THE COMMONWEALTH SHALL HAVE NO OBLIGATION TO PAY FOR THE ITEM(S) UNTIL A PROPERLY COMPLETED AND SIGNED MANUFACTURER/MILL CERTIFICATION IS SUBMITTED FOR THE DELIVERED ITEM.
(D) ENFORCEMENT Awarded bidders may be required, after delivery of the construction product(s), to provide the Commonwealth with documentary evidence that the construction product(s) were in fact produced with the required minimum percentage of post-consumer and recovered material content.
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EXHIBIT A-2 VEHICULAR PRODUCTS
RECYCLED CONTENT (A) REQUIREMENT All vehicular products offered by the bidder, or included in the final product offered by the bidder, and sold to the Commonwealth must contain the minimum percentage of post-consumer and recovered material content as shown below for the applicable products:
Vehicular Product
Requirements
Re-Refined Oil
25% re-refined oil base stock for engine lubricating oils, hydraulic fluids, and gear oils.
“Post-consumer” material is “material or finished product that has served its intended use and has been diverted or recovered from waste destined for disposal, having completed its life as a consumer item. Post-consumer material is part of the broader category of recovered material.”
“Recovered Materials” refers to waste materials and by-products which have been recovered or diverted from solid waste, but does not include those materials and by-products generated from, and commonly reused within, an original manufacturing process.
“Re-refined oil” is oil that is manufactured with a minimum of twenty-five percent basestock made from used oil that has been recovered and processed to make it reusable as oil. Once the oil has been refined, no difference can be detected between re-refined and virgin oil.
(B) BIDDER’S CERTIFICATION Bidder certifies that the vehicular product(s) which the bidder is offering contains the required minimum percentage of post-consumer and recovered material content as shown above for the product.
(C) MANUFACTURER/MILL CERTIFICATION In addition to the Bidders Certification in Subsection (B), a manufacturer certification must be completed and signed by the manufacturer before payment will be made to the successful bidder for the delivered items. The enclosed Manufacturer/Mill Certification form must be used. Bidders are not required to submit the completed and signed Manufacturer/Mill Certification form with their bids. THE COMMONWEALTH SHALL HAVE NO OBLIGATION TO PAY FOR THE ITEM(S) UNTIL A PROPERLY COMPLETED AND SIGNED MANUFACTURER/MILL CERTIFICATION IS SUBMITTED FOR THE REFERENCED ITEM.
(D) ENFORCEMENT Awarded bidders may be required, after delivery of the vehicular product(s), to provide the Commonwealth with documentary evidence that the vehicular product(s) were in fact produced with the required minimum percentage of post-consumer and recovered material content.
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EXHIBIT A-3 PAPER PRODUCTS
RECYCLED CONTENT
(A) REQUIREMENT All paper offered by the bidder, or included in the final product offered by the bidder, and sold to the Commonwealth must contain the minimum percentage of post-consumer content as shown below for the applicable products:
Item
Notes Post-Consumer Content
(%) Printing and Writing Papers Reprographic
Business papers such as bond, electrostatic, copy, mimeo, duplicator and reproduction
30
Offset
Used for book publishing, commercial printing, direct mail, technical documents, and manuals
30
Tablet
Office paper such as note pads and notebooks
30
Forms bond
Bond type papers used for business forms such as continuous, cash register, sales book, unit sets, and computer printout, excluding carbonless
30
Envelope
Wove Kraft, white and colored (including manila) Kraft, unbleached Excludes custom envelopes
30 10 10
Cotton fiber
High-quality papers used for stationery, invitations, currency, ledgers, maps, and other specialty items
30
Text and cover
Premium papers used for cover stock, books, and stationery and matching envelopes
30
Supercalendered
Groundwood paper used for advertising and mail order inserts, catalogs, and some magazines
10
Machine finished groundwood
Groundwood paper used in magazines and catalogs
10
Papeteries
Used for invitations and greeting cards
30
Check safety
Used in the manufacture of commercial and government checks
10
Coated
Used for annual reports, posters, brochures, and magazines. Have gloss, dull, or matte finishes
10
Carbonless
Used for multiple-impact copy forms
30
File folders
Manila or colored
30
Dyed filing products
Used for multicolored hanging folders and wallet files
20
Index and card stock
Used for index cards and postcards
20
Pressboard
High-strength paperboard used in binders and report covers
20
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Tags and tickets Used for toll and lottery tickets, licenses, and identification and tabulating cards
20
Newsprint Newsprint
Groundwood paper used in newspapers
20
Commercial Sanitary Tissue Products Bathroom tissue
Used in rolls or sheets
20
Paper towels
Used in rolls or sheets
40
Paper napkins
Used in food service applications
30
Facial tissue
Used for personal care
10
General-purpose industrial wipers
Used in cleaning and wiping applications
40
Paperboard and Packaging Products Corrugated containers (<300 psi) (300 psi)
Used for packaging and shipping a variety of goods
25 25
Solid fiber boxes
Used for specialized packaging needs such as dynamite packaging and army ration boxes
40
Folding cartons Used to package a wide variety of foods, household products, cosmetics, pharmaceuticals, detergent, and hardware
40
Industrial paperboard Used to create tubes, cores, cans and drums
45
Miscellaneous Includes “chipboard” pad backings, book covers, covered binders, mailing tubes, game boards, and puzzles
75
Padded mailers
Made from kraft paper that is usually brown but can be bleached white
5
Carrierboard
A type of folding carton designed for multipack beverage cartons
10
Brown papers
Used for bags and wrapping paper
5
Miscellaneous Paper Products Tray liners
Used to line food service trays. Often contain printed information.
50
“Post-consumer” content is “material or finished product that has served its intended use and has been diverted or recovered from waste destined for disposal, having completed it life as a consumer item. Post-consumer content is part of the broader category of recovered material.”
The Commonwealth of Pennsylvania recognizes that paper products are universally made with scrap material recovered from the manufacturing process; use of such materials is a standard practice, both efficient and economical for the paper maker; therefore, bidders of paper products need not certify that their products are made with “pre-consumer,” “recovered.” or “secondary” paper fiber.
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(B) BIDDER’S CERTIFICATION Bidder certifies that the paper product(s) which the bidder is offering contains the required minimum percentage of post-consumer content as shown above for the product.
(C) MANUFACTURER/MILL CERTIFICATION In addition to the Bidders Certification in Subsection (B), a mill certification must be completed and signed by the mill before payment will be made to the successful bidder for the delivered items. The enclosed Manufacturer/Mill Certification form must be used. Bidders are not required to submit the completed and signed Manufacturer/Mill Certification form with their bids. THE COMMONWEALTH SHALL HAVE NO OBLIGATION TO PAY FOR THE ITEM(S) UNTIL A PROPERLY COMPLETED AND SIGNED MANUFACTURER/MILL CERTIFICATION IS SUBMITTED FOR THE DELIVERED ITEM.
(D) ENFORCEMENT Awarded bidders may be required, after delivery of the paper product(s), to provide the Commonwealth with documentary evidence that the paper product(s) were in fact produced with the required minimum percentage of post-consumer content.
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EXHIBIT A-4 LANDSCAPING PRODUCTS
RECYCLED CONTENT (A) REQUIREMENT All landscaping products offered by the bidder, or included in the final product offered by the bidder, and sold to the Commonwealth must contain the minimum percentage of post-consumer and recovered material content as shown below for the applicable products:
Landscaping Products Recovered Material Content Hydraulic Mulch: ------Paper ------Wood/Paper
100% (post-consumer) 100% (total)
Compost Made From Yard Trimmings and/or Food Waste
Purchase or use compost made from yard trimmings, leaves, grass clippings and/or food wastes for applications such as landscaping, seeding of grass or other plants, as nutritious mulch under trees and shrubs, and in erosion control and soil reclamation. DGS further recommends implementing a composting system for these materials when agencies have an adequate volume and sufficient space.
Garden Hose: ------Rubber and/or Plastic Soaker Hose: ------Rubber and/or Plastic
60% (post-consumer) 60% (post-consumer)
Lawn and Garden Edging: ------Rubber and/or Plastic
30% (post-consumer)/30-100% (total)
Landscaping Timber and Posts: ------HDPE ------Mixed Plastics/Sawdust ------HDPE/Fiberglass ------Other mixed Resins
25% (post-consumer) + 50% (recovered) 50% (post-consumer) + 50% (recovered) 75% (post-consumer) + 20% (recovered) 50% (post-consumer) + 45% (recovered)
“Post-consumer” material is “material or finished product that has served its intended use and has been diverted or recovered from waste destined for disposal, having completed it life as a consumer item. Post-consumer material is part of the broader category of recovered material.”
“Recovered Materials” refers to waste materials and by-products which have been recovered or diverted from solid waste, but does not include those materials and by-products generated from, and commonly reused within, an original manufacturing process
(B) BIDDER’S CERTIFICATION Bidder certifies that the landscaping product(s) which the bidder is offering contains the required minimum percentage of post-consumer and recovered material content as shown above for the product.
(C) MANUFACTURER/MILL CERTIFICATION In addition to the Bidders Certification in Subsection (B), a manufacturer certification must be completed and signed by the manufacturer before payment will be made to the successful bidder for the delivered items. The enclosed Manufacturer/Mill Certification form must be used. Bidders are not required to submit the completed and signed Manufacturer/Mill Certification form with their bids. THE COMMONWEALTH SHALL HAVE NO OBLIGATION TO PAY FOR THE ITEM(S) UNTIL A PROPERLY COMPLETED AND SIGNED MANUFACTURER/MILL CERTIFICATION IS SUBMITTED FOR THE DELIVERED ITEM.
(D) ENFORCEMENT Awarded bidders may be required, after delivery of the landscaping product(s), to provide the Commonwealth with documentary evidence that the landscaping product(s) were in fact produced with the required minimum percentage of post-consumer and recovered material content.
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EXHIBIT A-5 MISCELLANEOUS PRODUCTS
RECYCLED CONTENT
(A) REQUIREMENT All miscellaneous products offered by the bidder, or included in the final product offered by the bidder, and sold to the Commonwealth must contain the minimum percentage of post-consumer and recovered material content as shown below for the applicable products: Miscellaneous Products
Recovered Material Content
Awards and Plaques ----------Glass ----------Wood ----------Paper ----------Plastic and Plastic/Wood Composites
75% (post-consumer) + 25% (recovered) 100% (total) 40% (post-consumer) 50% (post-consumer) + 45% (recovered)
Industrial Drums ----------Steel1 ----------Plastic (HDPE) ----------Fiber (paper)
16% (post-consumer) + 9% (recovered) 30% (post-consumer) 100% (post-consumer)
Mats ---------Rubber ---------Plastic ---------Rubber/Plastic Composite
75% (post-consumer) +10% (recovered) 10% (post-consumer) + 90% (recovered) 100% (post-consumer)
Pallets ---------Wood ---------Plastic ---------Thermoformed ---------Paperboard
95% (post-consumer) 100% (post-consumer) 25% (post-consumer) 50% (post-consumer)
Signage ---------Plastic ---------Aluminum ---------Plastic Sign Posts/Supports
---------Steel Sign Posts/Supports2
80% (post-consumer) 25% (post-consumer) 80% (post-consumer) 16% (post-consumer) + 9% (recovered) 67% (post-consumer) + 33% (recovered)
Sorbents ---------Paper ---------Textiles ---------Plastics ---------Wood3 ---------Other Organics/Multimaterials4
90% (post-consumer) +10% (recovered) 95% (post-consumer) 25% (total) 100% (total) 100% (total)
Manual-Grade Strapping ----------Polyester ----------Polypropylene ----------Steel2
50% (post-consumer) 10% (total) 16% (post-consumer) +9% (recovered) 67% (post-consumer) +33% (recovered)
“Post-consumer” material is “material or finished product that has served its intended use and has been diverted or recovered from waste destined for disposal, having completed it life as a consumer item. Post-consumer material is part of the broader category of recovered material.”
“Recovered Materials” refers to waste materials and by-products which have been recovered or diverted from solid waste, but does not include those materials and by-products generated from, and commonly reused within, an original manufacturing process
1Steel used in steel drums is manufactured using the Basic Oxygen Furnace (BOF) process, which contains 25-30% total recovered material, of which 16% is post-consumer steel. Steel used in manual-grade strapping is manufactured using either the BOF process or the Electric Arc Furnace (EAF) process, which contains 100% total recovered materials, of which 67% is post-consumer steel. 2 The recommended recovered materials content levels for steel in this table reflect the fact that the designated items can be made from steel manufactured in either a Basic Oxygen Furnace (BOF) or an Electric Arc Furnace (EAF). Steel from the BOF process contains 25-30% total recovered materials, of which 16% is post-consumer steel. Steel from the EAF process contains a total of 100% recovered steel, of which 67% is post-consumer. 3 “Wood” includes materials such as sawdust and lumber mill trimmings. 4 Examples of other organics include, but are not limited to, peanut hulls and corn stover. An example of multimaterial sorbents would include, but not be limited to, a polymer and cellulose fiber combination. 2 The recommended recovered materials content levels for steel in this table reflect the fact that the designated items can be made from steel manufactured in either a Basic Oxygen Furnace (BOF) or an Electric Arc Furnace (EAF). Steel from the BOF process contains 25-30% total recovered materials, of which 16% is post-consumer steel. Steel from the EAF process contains a total of 100% recovered steel, of which 67% is post-consumer.
Department of General Services GSPUR-12E (SAP) Rev. 12/17/07
22
(B) BIDDER’S CERTIFICATION Bidder certifies that the miscellaneous product(s) which the bidder is offering contains the required minimum percentage of post-consumer and recovered material content as shown above for the product.
(C) MANUFACTURER/MILL CERTIFICATION In addition to the Bidders Certification in Subsection (B), a manufacturer certification must be completed and signed by the manufacturer before payment will be made to the successful bidder for the delivered items. The enclosed Manufacturer/Mill Certification form must be used. Bidders are not required to submit the completed and signed Manufacturer/Mill Certification form with their bids. THE COMMONWEALTH SHALL HAVE NO OBLIGATION TO PAY FOR THE ITEM(S) UNTIL A PROPERLY COMPLETED AND SIGNED MANUFACTURER/MILL CERTIFICATION IS SUBMITTED FOR THE DELIVERED ITEM.
(D) ENFORCEMENT Awarded bidders may be required, after delivery of the miscellaneous product(s), to provide the Commonwealth with documentary evidence that the miscellaneous product(s) were in fact produced with the required minimum percentage of post-consumer and recovered material content.
Department of General Services GSPUR-12E (SAP) Rev. 12/17/07
23
EXHIBIT A-6 NONPAPER OFFICE PRODUCTS
RECYCLED CONTENT
(A) REQUIREMENT All nonpaper office products offered by the bidder, or included in the final product offered by the bidder, and sold to the Commonwealth must contain the minimum percentage of post-consumer and recovered material content as shown below for the applicable products:
Nonpaper Office Product
Recovered Material Content
Recycling Containers and Waste Receptacles: ----------Plastic ----------Steel1 ----------Paper ------------Corrugated ------------Solid Fiber Boxes ------------Industrial Paperboard
20% (post-consumer) 16% (post-consumer) +9% (recovered) 25% (post-consumer) 40% (post-consumer) 40% (post-consumer) + 60% (recovered)
Plastic Desktop Accessories (polystyrene) including desk organizers, sorters, and trays, and memo, note, and pencil holders.
25% (post-consumer)
Binders: ----------Plastic-Covered ----------Paper-Covered ----------Pressboard ----------Solid Plastic ------------HDPE ------------PE ------------PET ------------Misc. Plastics
25% 75% (post-consumer) +15% (recovered) 20% (post-consumer) + 30% (recovered) 90% (post-consumer) 30% (post-consumer) 100% (post-consumer) 80% (post-consumer)
Trash Bags (plastic)
10% (post-consumer)
Toner Cartridges
Return used toner cartridges for remanufacturing and reuse or purchase a remanufactured or recycled-content replacement cartridge.
Printer Ribbons
Procure printer ribbon reinking or reloading services or procure reinked or reloaded printer ribbons.
Plastic Envelopes
25% (post-consumer)
Plastic Clipboards: ------------HDPE ------------PS ------------Misc. Plastics
90% (post-consumer) 50% (post-consumer) 15% (post-consumer)
Plastic File Folders ------------HDPE
90% (post-consumer)
Plastic Clip Portfolios ------------HDPE
90% (post-consumer)
Plastic Presentation Folders ------------HDPE
90% (post-consumer)
“Post-consumer” material is “material or finished product that has served its intended use and has been diverted or recovered from waste destined for disposal, having completed it life as a consumer item. Post-consumer material is part of the broader category of recovered material.”
1 The recommended recovered materials content levels for steel in this table reflect the fact that the designated item is made from steel manufactured from in a Basic Oxygen Furnace (BOF). Steel from the BOF process contains 25-30% total recovered materials, of which 16% is post-consumer steel.
Department of General Services GSPUR-12E (SAP) Rev. 12/17/07
24
“Recovered Materials” refers to waste materials and by-products which have been recovered or diverted from solid waste, but does not include those materials and by-products generated from, and commonly reused within, an original manufacturing process
(B) BIDDER’S CERTIFICATION Bidder certifies that the nonpaper office products which the bidder is offering contains the required minimum percentage of post-consumer and recovered material content as shown above for the product.
(C) MANUFACTURER/MILL CERTIFICATION In addition to the Bidders Certification in Subsection (B), a manufacturer certification must be completed and signed by the manufacturer before payment will be made to the successful bidder for the delivered items. The enclosed Manufacturer/Mill Certification form must be used. Bidders are not required to submit the completed and signed Manufacturer/Mill Certification form with their bids. THE COMMONWEALTH SHALL HAVE NO OBLIGATION TO PAY FOR THE ITEM(S) UNTIL A PROPERLY COMPLETED AND SIGNED MANUFACTURER/MILL CERTIFICATION IS SUBMITTED FOR THE DELIVERED ITEM.
(D) ENFORCEMENT Awarded bidders may be required, after delivery of the paper, to provide the Commonwealth with documentary evidence that the nonpaper office product(s) were in fact produced with the required minimum percentage of post-consumer and recovered material content.
Department of General Services GSPUR-12E (SAP) Rev. 12/17/07
25
EXHIBIT A-7 PARK & RECREATION PRODUCTS
RECYCLED CONTENT
(A) REQUIREMENT All park and recreation products offered by the bidder, or included in the final product offered by the bidder, and sold to the Commonwealth must contain the minimum percentage of post-consumer and recovered material content as shown below for the applicable products:
Park & Recreation Product
Recovered Material Content1
Park Benches & Picnic Tables: -----Plastic2 -----Plastic Composites -----Aluminum -----Concrete -----Steel3
90% (post-consumer) + 10% (recovered) 50% (post-consumer) + 50% (recovered) 25% (post-consumer) 15% (total) 16% (post-consumer) + 9% (recovered) 67% (post-consumer) + 33% (recovered)
Plastic Fencing for Specified Uses4 60% (post-consumer) + 30% (recovered) Playground Equipment -----Plastic3
-----Plastic Composites -----Steel4 -----Aluminum
90% (post-consumer) + 10% (recovered) 50% (post-consumer) + 45% (recovered) 16% (post-consumer) + 9% (recovered) 67% (post-consumer) + 33% (recovered) 25% (post-consumer)
Playground Surfaces: -----Plastic or Rubber
90% (post-consumer)
Running Tracks: -----Plastic or Rubber
90% (post-consumer)
“Post-consumer” material is “material or finished product that has served its intended use and has been diverted or recovered from waste destined for disposal, having completed it life as a consumer item. Post-consumer material is part of the broader category of recovered material.”
“Recovered Materials” refers to waste materials and by-products which have been recovered or diverted from solid waste, but does not include those materials and by-products generated from, and commonly reused within, an original manufacturing process
(B) BIDDER’S CERTIFICATION Bidder certifies that the park and recreational product(s) which the bidder is offering contains the required minimum percentage of post-consumer and recovered material content as shown above for the product.
(C) MANUFACTURER/MILL CERTIFICATION In addition to the Bidders Certification in Subsection (B), a manufacturer certification must be completed and signed by the manufacturer before payment will be made to the successful bidder for the delivered items. The enclosed Manufacturer/Mill Certification form must be used. Bidders are not required to submit the completed and signed Manufacturer/Mill Certification form with their bids. THE COMMONWEALTH SHALL HAVE NO OBLIGATION TO PAY FOR THE ITEM(S) UNTIL A PROPERLY COMPLETED AND SIGNED MANUFACTURER/MILL CERTIFICATION IS SUBMITTED FOR THE DELIVERED ITEM.
(D) ENFORCEMENT Awarded bidders may be required, after delivery of the park and recreational product(s), to provide the Commonwealth with documentary evidence that the park and recreational product(s) were in fact produced with the required minimum percentage of post-consumer and recovered material content.
1 The recommended recovered materials content levels are based on the dry weight of the raw materials, exclusive of any additives such as adhesives, binders, or coloring agents. 2 “Plastic” includes both single and mixed plastic resins. Park benches and picnic tables made with recovered plastic may also contain other recovered materials such as sawdust, wood, or fiberglass. The percentage of these materials contained in the product would also count toward the recovered materials content level of the item. 3 The recommended recovered materials content levels for steel in this table reflect the fact that the designated items can be made from steel manufactured from either a Basic Oxygen Furnace (BOF) or an Electric Arc Furnace (AF). Steel from the BOF process contains 25-30% total recovered materials, of which 16% is post-consumer steel. Steel from the EAF process contains a total of 100% recovered steel, of which 67% is post-consumer. 4 Designation includes fencing containing recovered plastic for use in controlling snow or sand drifting and as a warning/safety barrier in construction or other applications.
Department of General Services GSPUR-12E (SAP) Rev. 12/17/07
26
EXHIBIT A-8 TRANSPORTATION PRODUCTS
RECYCLED CONTENT
(A) REQUIREMENT All transportation products offered by the bidder, or included in the final product offered by the bidder, and sold to the Commonwealth must contain the minimum percentage of post-consumer and recovered material content as shown below for the applicable products: Transportation Products Recovered Material Content1 Traffic Cones: -----Plastic (PVC and LDPE) -----Crumb Rubber
50% (recovered) 50% (recovered)
Traffic Barricades (type I and II only): -----Plastic (HDPE, LDPE, PET) -----Steel2 -----Fiberglass
80% (post-consumer) + 20% (recovered) 16% (post-consumer) + 9% (recovered) 67% (post-consumer) + 33% (recovered) 100% (recovered)
Parking Stops: -----Plastic and/or Rubber -----Concrete Containing Coal Fly Ash -----Concrete Containing Ground Granulated Blast Furnace Slag
100% (recovered) 20% (recovered) 15% when used as a partial cement replacement as an admixture in concrete. 25% (recovered)
Traffic Control Devices: -----Channelizers: ---------Plastic ---------Rubber (base only) ------Delineators: ---------Plastic ---------Rubber (base only) ---------Steel (base only)2 -----Flexible Delineators
25% (post-consumer) 100% (post-consumer) 25% (post-consumer) 100% (post-consumer) 16% (post-consumer) + 9% (recovered) 67% (post-consumer) + 33% (recovered) 25% (post-consumer)
“Post-consumer” material is “material or finished product that has served its intended use and has been diverted or recovered from waste destined for disposal, having completed it life as a consumer item. Post-consumer material is part of the broader category of recovered material.”
“Recovered Materials” refers to waste materials and by-products which have been recovered or diverted from solid waste, but does not include those materials and by-products generated from, and commonly reused within, an original manufacturing process
(B) BIDDER’S CERTIFICATION Bidder certifies that the transportation product(s) which the bidder is offering contains the required minimum percentage of post-consumer and recovered material content as shown above for the product.
(C) MANUFACTURER/MILL CERTIFICATION In addition to the Bidders Certification in Subsection (B), a manufacturer certification must be completed and signed by the manufacturer before payment will be made to the successful bidder for the delivered items. The enclosed Manufacturer/Mill Certification form must be used. Bidders are not required to submit the completed and signed Manufacturer/Mill Certification form with their bids. THE COMMONWEALTH SHALL HAVE NO OBLIGATION TO PAY FOR THE ITEM(S) UNTIL A PROPERLY COMPLETED AND SIGNED MANUFACTURER/MILL CERTIFICATION IS SUBMITTED FOR THE DELIVERED ITEM.
(D) ENFORCEMENT
Awarded bidders may be required, after delivery of the transportation product(s), to provide the Commonwealth with documentary evidence that the transportation product(s) were in fact produced with the required minimum percentage of post-consumer and recovered material content.
1 Content levels are based on the dry weight of the raw materials, exclusive of any additives such as adhesives, binders, or coloring agents. 2 The recommended recovered materials content levels for steel in this table reflect the fact that the designated items can be made from steel manufactured from either a Basic Oxygen Furnace (BOF) or an Electric Arc Furnace (EAF). Steel from the BOF process contains 25-30% total recovered materials, of which 16% is post-consumer steel. Steel from the EAF process contains a total of 100% recovered steel, of which 67% is post-consumer.
Department of General Services GSPUR-12E (SAP) Rev. 12/17/07
27
MANUFACTURER/MILL CERTIFICATION
(To be submitted with invoice for each order) TO BE COMPLETED BY MANUFACTURER/MILL: NAME OF MANUFACTURER/MILL:________________________________________ ADDRESS OF MANUFACTURER/MILL: ____________________________________ FEDERAL EMPLOYER I.D. NO.: ___________________________________________ CONTRACT OR REQUISITION NO. ________________________________________ NAME OF CONTRACTOR: ________________________________________________ ADDRESS OF CONTRACTOR: _____________________________________________ Type of product(s) which the manufacturer/mill furnished to the contractor: ___________ ________________________________________________________________________ ________________________________________________________________________ CERTIFICATION: I, the undersigned officer of the above-named manufacturer/mill, do hereby certify that I am authorized to provide this certification on behalf of the above-named manufacturer/mill and that the type of product(s) listed above which my company furnished to the contractor named above for the referenced contract or purchase requisition, contained not less than ______% post-consumer materials and ______% recovered materials as those terms are defined in the invitation for bids. I understand that this document is subject to the provisions of the Unsworn Falsification of Authorities Act (18 P.S. Section 4904). _____________________________________ Signature _____________________________________ Name of Signatory _____________________________________ Title Date
APPENDIX B – MINIMUM QUALIFICATIONS TO RESPOND TO RFP Non-acceptance of or noncompliance with any minimum qualification, or modification of, or the placing of conditions on acceptance or compliance with any of the minimum qualifications, in whole or in part, will result in immediate disqualification.
All the questions listed below must be answered. In the event of a “No” answer to any question, please accept our appreciation for your interest, and understand that, since CWOPA requires a minimum level of qualification, your proposal will not be deemed responsive.
This document applies to all 10 Lots listed in the RFP. Please check all lots that you will be proposing upon.
Lot 1a – Electrical Lot 1b – Electrical Square D Lot 2a – Sylvania Lighting (Lamps/Ballasts/Fixtures) Lot 2b – General Electric Lighting (Lamps/Ballasts/Fixtures) Lot 2c – Phillips Lighting (Lamps/Ballasts/Fixtures) Lot 3 – General Hardware, Metal working, Test Equipment, & Security Lot 4 – Material Handling Lot 5 – Safety Lot 6 – Hand & Power Tools Lot 7 – HVAC Lot 8 – Filters, excluding Automotive & Truck filters Lot 9 – Pumps & Plumbing Lot 10 – Motors & Power Transmission
CHECK “YES” TO ACCEPT or CHECK “NO” TO REJECT.
Yes No
1. Do you agree to provide MRO Supplies to all counties in the state of Pennsylvania?
2. Do you agree to allow CWOPA to pick up orders at a contractor retail center?
3. Do you agree to provide reports as described Part IV – 4.h?
4. Do you agree to provide a user friendly ordering website with CWOPA specific catalog pricing?
(Rev. 12-18-2009)
Page 1 of 4
APPENDIX C COSTARS PROGRAM QUESTIONNAIRE
If your firm is awarded a Contract, does it agree to sell the awarded items/services at the same prices and/or discounts, and in accordance with the contractual terms and conditions, to registered COSTARS Members who elect to participate in the contract? If your answer is “YES”, your firm agrees to pay the applicable Administrative Fee ($1500 or $500 for Qualified Small Businesses) upon contract award and each contract renewal date. Please Answer: YES ______ NO ______ If you are asserting that your firm is a Qualified Small Business, have you completed, signed and included with your bid the required Department of General Services Small Business Certification form? Please Answer: YES ______ NO ______ Contract Fee
. A Contractor agreeing to sell to COSTARS Members shall be required to pay the appropriate Contract fee in each Contract year and according to the following criteria:
Bidder/Contractor Classification
Required Fee
Qualified Small Business, a business in the United States which is independently owned, is not dominant in its field of operation, employs no more than 100 full-time or full-time equivalent employees, and earns less than $20 million in gross annual revenues ($25 million in gross annual revenues for those businesses in the information technology sales or service business).
$500
All Other Bidders
$1,500
1. Upon Contract award, the Contractor shall submit a check for the appropriate amount,
payable to “Commonwealth of PA”. The Contractor must pay the Administrative Fee to sell the awarded items/services to registered COSTARS Members.
2. Prior to the anniversary of the Contract Effective Date and each succeeding Contract
year thereafter, the Contractor shall submit a check for the appropriate amount, payable to “Commonwealth of PA”. The Contractor must pay the Administrative Renewal Fee to continue to sell the awarded items/services to registered COSTARS Members.
3. If the Bidder is classified as a Qualified Small Business, the Bidder shall complete and sign the attached Small Business Certification and submit with its Bid.
(Rev. 12-18-2009)
Page 2 of 4
__________________________________ __________________________________ Corporate or Legal Entity Name Signature/Date __________________________________ Printed Name/Title
(Rev. 12-18-2009)
Page 3 of 4
DEPARTMENT OF GENERAL SERVICES SMALL BUSINESS CERTIFICATION
If the Bidder/Offeror is a Qualified Small Business, the Bidder/Offeror must complete, sign and submit the following certification with its Bid/Proposal.
I, ________________________________, being the _____________________________ [title] of _________________________________ [Contractor], ("Contractor") do hereby certify and represent to the Commonwealth of Pennsylvania ("Commonwealth") that: 1. Contractor is not a subsidiary of another firm. Yes No 2. Contractor is not dominant in its field of operation. Yes No 3. Contractor employs no more than 100 full-time or
full-time equivalent employees. Yes No
Total Number of Full-time or Full-time Equivalent Employees on Payroll 4. Contractor earned less than $20,000,000 in gross annual revenues ($25,000,000 in gross annual
revenues for those businesses in the information technology sales or service business) in each of its last two fiscal years. Yes No
Gross Annual Revenues in its Last Fiscal Year $ Gross Annual Revenues in its Preceding Fiscal Year $
5. If Contractor is a new business (less than 1 year), Contractor has an approved business plan
by the Small Business Development Center or by a Pennsylvania Enterprise Center authorized by the Minority Development Agency of the United States Department of Commerce. Yes No
6. The information and certifications provided by Contractor are material and important and
will be relied upon by the Commonwealth in awarding the contract. The Department shall treat any misstatement as fraudulent concealment of the true facts punishable under Section 4904 of the Pennsylvania Crimes Code, Title 18, of Pa. Consolidated Statutes.
Attest or Witness: ______________________________ Corporate or Legal Entity's Name _____________________________ ______________________________ Signature/Date Signature/Date _____________________________ ______________________________ Printed Name/Title Printed Name/Title
(Rev. 12-18-2009)
Page 4 of 4
APPENDIX D - PROPOSAL COVER SHEET COMMONWEALTH OF PENNSYLVANIA
Department of General Services – Bureau of Procurement RFP# _CN 0010981
__
Enclosed in three separately sealed submittals is the proposal of the Offeror identified below for the above-referenced RFP:
Offeror Information:
Offeror Name Offeror Mailing Address
Offeror Website Offeror Contact Person Contact Person’s Phone Number Contact Person’s Facsimile Number Contact Person’s E-Mail Address Offeror Federal ID Number
Submittals Enclosed and Separately Sealed:
� Technical Submittal
� Disadvantaged Business Submittal
� Cost Submittal
Signature
Signature of an official authorized to bind the Offeror to the provisions contained in the Offeror’s proposal:
Printed Name Title
FAILURE TO COMPLETE, SIGN AND RETURN THIS FORM WITH THE OFFEROR’S PROPOSAL MAY RESULT IN THE REJECTION OF THE OFFEROR’S PROPOSAL
Appendix E, Description of Lots
1
Lot One – Electrical, Divided into 1a Electrical and 1b Square D
o Load Centers Distribution
o Circuit Breakers o Transformers o DC Power Supplies o Safety Disconnect Switches o Power Distribution Blocks o Fuse Blocks o Fuses
o NEMA Motor Starters
Electrical Controls
o NEMA Contactors o Drum Switches o Definite Purpose Contactors o Lighting Contactors o IEC Motor Starters o Relays (Control/Power/Time Delay/Solid State) o Mercury Contactors o DC Power Solenoids o Solenoids o Indicating Beacons o 16/22/30 mm Pushbuttons o Pendant Stations o Control Stations o Switches (Foot/Snap-Action/Limit/Toggle/Pressure/Float/Photoelectric/Proximity) o Liquid Level Controls o Hour Meters o Counters o Temperature Controllers o Motion Sensors o Timers
o Wall Switches, Receptacles, & Plates
Electrical Supplies
o Straight Blade Devices o Twist Lock Devices o Pin & Sleeve Devices o Power Poles o Raceway Systems o Open Slot Wiring Duct o Conduit Bodies o Conduit Connectors & Fittings o Metallic & Flexible Conduit o Electrical Outlet Boxes o Floor Boxes o Pulling Grips o Strain Relief Devices o Metal Framing o Electrical Enclosures o Power Supply & Extension Cords o Ground Fault Protection o Temporary Cable Protection o Cable & Cord o Building Wire o Electronic Cable o Thermostat Cable o Compression Connectors
Appendix E, Description of Lots
2
o Crimp Terminals o Wire Nuts o Battery Cable Connectors o Splice Kits o Electrical Tape o Shrink Tubing o Terminal Strips o Terminal Blocks o Label & Wire Markers o Cable Ties
Lot Two – Lighting, Divided into 2a Sylvania, 2b General Electric, and 2c Philips
o Linear Fluorescent
Lamps
o Germicidal Linear Fluorescent o Preheat Fluorescent o High Output Fluorescent o U-Shaped & Circular Fluorescent o Plug-in & Screw-in Compact Fluorescent o Lamp Holders/Starters o Low Pressure Sodium HID o Mercury Vapor HID o Metal Halide HID o High Pressure Sodium HID o Lamp Changers o Incandescent/Halogen o Miniature o Projection
o HID
Ballasts
o Ballast Ignitors o Electronic o Compact Fluorescent o High Output o Circline Fluorescent o Sign o Fluorescent Dimming o Dimming Controls
o High Bay HID Indoor
Fixtures
o Low Bay HID Indoor o Fluorescent High Bay o Industrial o Fluorescent Retrofit Kits o Strips o Vapor Tight o Rough Service o Wet Location/Clean Room o Hose Down o Hazardous Location o Undercabinet o Troffers & Direct/Indirect o Wraparound/Surface Troffer o Decorative o Indoor Ceiling o Wall Bracket o Track Lighting
Appendix E, Description of Lots
3
o Recessed/Down Lighting o Floodlights o Wall Packs o Roadway/Area o Motion Sensors/Photocontrols o Emergency Lighting o Emergency Hazardous Location o Emergency/Exit Signs & Accessories
o Hand Lamps
Task Lighting
o Cord Reels o Temporary Jobsite o Dock Lighting o Hand Carry Quartz Lights o Portable/Light Stands o Task Lighting o Magnifier Lights o Machine Tool Lights
Lot Three – General Hardware, Metal Working, Test Equipment & Security
o Bolts
Fasteners (General Hardware)
o Nuts o Washers o Screws o Rivets o Anchors o Pins o Shims/Spacers o O-Rings o Thread Inserts o Nylon o Security Fasteners o Detention Locks
o Padlocks
Security Locks
o Security Locks & Hasps o Combination & Locker Padlocks o Specialty Locks o Cable & Cable Locks
o Disc
Cam Locks
o Tubular o Mailbox
o Knob
Locksets (Security)
o Lever o SFIC o Cylinders
o Mortise
Deadbolts
o Auxiliary o Rimlocks o Cylindrical o SFIC o Commercial o
Appendix E, Description of Lots
4
o Hinges
Door Hardware
o Gate & Screen Door Hardware o Braces & Reinforcement Hardware o Shelf Brackets & Storage Hooks o Snaps, Links, & Pulleys o Hooks o U-Bolts & Barrel Bolts o Window Hardware & Door Viewers o Handles & Pulls o Hasps o Cabinet Hardware o Garage Door Hardware o Closet Door Hardware o Sweeps & Thresholds
o Anti-Seize
Adhesives (Metal Working)
o Threadlockers & Retaining Compounds o General Purpose Adhesives & Primers o Pipe Sealants & Pipe Repair o Epoxies & Putties o General & Spray Adhesives o Gasketing o Caulks & Sealants
o General Lubricants
Lubrication, Chemicals, and Work Cleaning (Metal Working)
o Penetrants & Lubricants o Rust Inhibitors & Corrosion Protectants o Specialty Lubricants o Mold Releases & Protectants o Cleaners/Degreasers o Lubricants & Work Place Clean Up o Parts Washers & Accessories o Cutting Oils & Fluids o Oil Skimmers o Gear Oil, Power Transmission, and Anti-Freeze o Hydraulic & Machine Oils o Specialty Greases o Grease Guns o Grease/Oil Applicators & Meters o Grease Fittings o Funnels & Measures o Grease/Oil Pumps and Accessories
o Inspection Mirrors, Retrieving Tools, Magnets & Magnifiers
Machining and Cutting (Metal Working)
o Blast Cabinets & Accessories o Band Saws & Blades o Drill Presses & Milling/Drilling Machines o Workholding o Chuck Arbors & Accessories o Drills & Drill Sharpeners o Screw Extractors o Taps, Tap Wrenches, & Broad Sets o Layout Fluids & Deburring Tools o Industrial Markers o Air & Refrigeration Oils o Turning & Inserts
Appendix E, Description of Lots
5
o Iron Working & Arbor Presses o Sanders, Grinders, and Buffers
o Grinding Wheels
Abrasives (Metal Working)
o Truing & Dressing o Sharpening Files & Stones o Cones, Plugs, & Flap Discs o Depressed Center Wheels o Cut-Off Wheels o AVOS Grinding System o Fibre & Cloth Discs o Paper Discs & Rolls o Sandpaper Sheets o Surface Finishing o Abrasive Belts o Flap Wheels o Spiral Roles o Mounted Points o Wire Brushes & Wheels
o Stick/Arc, MIG & TIG Welders, Welders/Generators
Welding (Metal Working)
o Plasma Cutting Systems o Spot Welders o Welding Electrodes, Rods, Wire, Brazing Alloy, and Ovens o Penetrants & Inspection Kits o Helmets & Face Shields o Blankets, Screens, and Personal Protection o Regulators & Flow Meters o Cutting/Welding Outfits o Cutting Attachments o HVAC & Maintenance o Torches & Tips o Microtorches & Heat Tools o Heat Guns and Soldering Irons o Soldering Flux & Soldering Accessories o Welding Hose & Cable Reels
o Digital Multimeters
Electrical Power Testing (Test Equipment)
o Analog Multimeters o Multimeter Accessories o Multimeter Carrying Cases o Test Leads, Clips & Probes o Clamp-On Current Probes o Temperature Probes & Modules o Voltage Detectors o Receptacle Testers o Voltage/Continuity Testers o Clamp-On Meters o Leakage Current Testers o Power Quality Analyzers o Power Quality Data Loggers o High-Pot Testers o Megohmmeters o Earth/Ground Resistance Testers o Milli- and Micro-Ohmmeters o Tool/Appliance Tester o Motor Rotation Meters
Appendix E, Description of Lots
6
o Circuit Tracers & Line Detectors
o Semiconductor & LCR Testers Electronic/Bench Testing (Test Equipment)
o Portable Digital Oscilloscopes o Capacitor Testers o Bench Oscilloscopes o Current Clamps & Probes o Test Clips & Adapters o Antistatic Systems/Components o DC Power Supplies o Function Generators
o Vibration Meters
Nonelectrical Properties Testing (Test Equipment)
o Speed Measuring Stroboscopes o Speed Measuring Tachometers o Light Meters o Sound Level Meters o Water Quality Testers o Coating Thickness Gauges o Drywall Moisture Meters o Force Gauges o Borescope
o Vane Anemometers
Air Movement (Test Equipment)
o Thermo-Anemometers o Air Volume Balancing Meters
o Carbon Monoxide Single Gas Analyzers
Indoor Air Quality (Test Equipment)
o Air Quality Meters o Combustible Gas Leak Detectors
o Gas Analyzers & Components
Combustion Testing (Test Equipment)
o Portable Combustion Analyzers
o Calibrators Process Monitoring (Test Equipment)
o Analog Panel Meters o Digital Panel Meters
o Differential Pressure Gauges
Pressure & Vacuum Measuring (Test Equipment)
o Liquid-Filled Manometers o Digital Manometers o Pressure & Vacuum Gauges o Pressure Switches/Transmitters
o Temperature/Humidity Meters
Temperature & Humidity Measuring (Test Equipment)
o Industrial Thermometers o Food Processing Thermometers o Pocket Thermometers o Thermistor Thermometers o RTD & Thermocouple Thermometers o Temperature Probes o Thermal Imagers o Infrared Thermometers o Temperature Alarms o Stopwatches & Timers o Panel, Wall, and Desk Thermometers
Appendix E, Description of Lots
7
o Circular Chart Recorders
Data Recording (Test Equipment)
o Data Loggers o Paperless Digital Recorders
o Micrometers
Precision Measuring (Test Equipment)
o Machinist Tool Kits o Thickness Gauges o Calipers o Gauges – Height, Telescoping, Bore o Test Indicators & Holders o Edge Finders o Punches & Scribers o Rules & Square Sets o Protractors o Thread Measuring Sets o V-Blocks & 1-2-3 Blocks o Gauges – Drill & Wire o Surface Tester
Lot Four – Material Handling
o Stepladders Ladders & Climbing
o Extension Ladders o Stepladders & Step Stools o Multipurpose Ladders o Ladder Accessories o Rolling Ladders o Stairs & Platforms o Fixed Ladders & Safety Cages o Work Platforms o Scaffolding & Platforms o Personnel & Scissor Lifts
o Electric Chain & Wire Rope Hoists
Hoists/Winch & Rigging
o Clean Room Hoists o Air Chain Hoists & Trolleys o Manual Chain Hoists o Ratchet Chain Hoists o Hoist Replacement Parts o Ratchet Pullers o Lineman’s Lifting & Pulling Accessories o Jib Cranes & Accessories o Fork Truck Booms o Davit & Gantry Cranes o Manual Trolleys o Festooning Systems o Electric Trolleys & Lifting Magnets o Rigging Accessories o Clamps & Hooks o Chain, Chain Attachments, and Chain Slings o Web, Rope, Mesh, and Nylon Slings o Electric & Hydraulic Winches o Manual Winches o Cable & Lifting Accessories o Cargo Straps, Bars, Hoops, and E-Track o Load Huggers, Turnbuckles, & Binders
Appendix E, Description of Lots
8
o Anchors, Cords, Tie Downs, and Bungee Cords o Tarps and Construction Film o Rope & Cordage
o Stem Casters
Casters
o Medical/Food Handling Casters o Plate Casters o Low Height Casters o General Purpose Casters o Food Handling/Corrosion Resistant Casters o Stainless Steel o Leveling & Shock Absorbing Casters o Shock Absorbing & Pneumatic Casters o Pneumatic, Semipneumatic & Truck Casters o Industrial & Commercial Casters o Heavy-Duty Casters o Air Cargo & Inverted Casters o V-Groove Casters o Replacement Wheels o Floor Locks & Leveling Jacks o Leveling Mounts & Vibration Isolators
o Hopper & Dump Trucks
Carts & Trucks
o Tilts, Cube, & Utility Trucks o Wire & Mesh Carts o Recycling Carts o Steel Utility Carts o Service Carts & Rolling Table o Plastic Utility Carts o Plastic Service & Work Carts o Mobile Service Benches & Work Centers o Stockpicker Carts & Trucks o Platform Trucks & Trailers o Panel Trucks, Trolleys, and Dollies o Hand Trucks (Steel/Aluminum/Specialty/Cylinder/Hydraulic) o Pallet Trucks o Pallet Dollies, Portable Scissor Lifts, and Scissor Carts o Load Levelers, Tilters, & Adjustable Work Tables o Lifts & Stackers o Machine Movers & Roller Kits
o Conveyors
Drum & Dock
o Conveyor Stands, Gates, and Accessories o Conveyor Belts & Lacing o Conveyor Ball Transfer Tables/Power Belt Conveyors o Conveyor Strip Brushes & Holders o Overhead Door Equipment o Vinyl Doors & Partitions o Dock Seals, Shelter, and Wheel Risers o Dock Bumpers & Telescopic Support Braces o Trailer Jacks & Bicycles o Gates, Guards, Barriers, & Protectors o Structural Framing Systems o Wheel Chocks, Parking Curbs, & Speed Bumps o Ramps & Dockplates o Pallet Accessories o Fork Truck Accessories
Appendix E, Description of Lots
9
o Drums & Tank Mixers o Drum Storage & Accessories o Drum & Blanket Heaters o Drum Handling Equipment
o Pallet Racks & Accessories
Shelving and Storage
o Pallet Rack Netting o Bulk Storage Racks o Boltless Racks o Cantilever Racks o Boltless Shelving o On-Line Shelving o Open & Closed Industrial Shelving o Commercial Shelving o Record & Archive Storage o Tire Racks & Slotted Angle o Wire Shelving o Dunnage Racks, Wall & Bulk Shelving o Modular Storage Cabinets o Utility Storage o All-Welded Cabinets o Industrial Storage Cabinets o Unassembled Storage Cabinets o Bin Storage Cabinets o Bins & Totes o Storage Systems & Boxes o Small Parts Storage o Parts Cabinets & Drawers o Rotating Storage Bins & Plastic Pallets o Wire Containers & Bulk Boxes o Wire Partitions & Room Kits o Lockers & Accessories o In-Plant Offices & Mezzanines o Modular Pipe & Rail Fittings
Lot Five – Safety
o Eye Protection
Personal Protective Equipment
o Lens Cleaning Products o Face/Head Protection o Summer & Winter Protection o Hearing Protection o Leather Gloves o Mechanic’s Gloves o Cut Resistant Gloves o General Purpose and Palm-Coated Gloves o Chemical Resistant Gloves o Specialty Gloves o Ergonomics o Aprons o Disposable Clothing o Chemical Clothing o Flame Retardant Clothing o Aluminized Apparel o Leather Clothing o Thermal Outerwear o Electrical/Arc Flash Protection
Appendix E, Description of Lots
10
o Rainwear o Foot Protection o Disposable Respirators o Air-Purifying Respirators o Gas Masks & Canisters o Powered Air-Purifying Respirators (PAPR) o Airline Respirators & Pumps o Escape Respirators o Self-Contained Breathing Apparatus (SCBA)
o Fall Protection Safety Equipment
o Rescue & Retrieval o Confined Space Ventilation o Multi-Gas Detectors o Single-Gas Detectors o PID Monitors o Protector Cases o Fixed Gas Monitors o Detector Pumps & Tubes
o First Aid Kits
First Aid
o Bloodborne Pathogen Products o First Aid Refills & Medicinals o Electrolyte Drinks
o Fire Barrier Products
Fire Protection
o Fire Extinguishers & Accessories o Smoke and CO Alarms
o Safety Cans
Safety Storage
o Safety Storage Cabinets o Smoking Receptacles
o Sorbents & Spill Control Kits
Spill Control & Containment
o Spill Containment o Drum Equipment
o Emergency Wash Stations
Facility Safety
o Eye & Face Wash o Noise Control o Signaling Devices o Antiskid Tape o Matting o Lockout/Tagout Products
o Identification Tags & Envelopes
Identification
o Safety Signs o Glow-in-the-Dark Signs & Tape o Marking & Warning Tapes o Right-to-Know Products o Vehicle Placards o Labeling & Sign-Making Systems o Pipe Markers o Stamps, Tags, & Stencils
Appendix E, Description of Lots
11
o Traffic Signs & Posts
Traffic Safety
o Barricades, Channelizers, & Cones o Warning Posts & Chains o Barricade & Flagging Tape o Safety Vests o Flags & Highway Safety o Lightsticks o Safety & Security Mirrors
Lot Six – Hand & Power Tools
o Single Drive Socket Sets
Mechanic’s Hand Tools
o Master Sets & Multi-Drive Socket Sets o Hex Bit Socket Sets & Bolt Extractors o Impact Sockets o Individual Sockets & Accessories o Torque Wrenches o Wrenches & Wrench Sets o Hex Keys o Picks & Feeler Gauges o Screwdrivers & Nut Drivers o Adjustable Wrenches o Pliers & Retaining Ring Pliers o Files o Liquid Transfer Tanks & Pullers
o Tool Chests & Cabinets
Tool Storage
o Tool Boxes & Totes o Truck Boxes o Jobsite Boxes o Knee Pads o Soft Storage
o Planes & Wood Chisels
Tradesmen Hand Tools
o Glue Guns & Staplers o Hammers & Pry Bars o Punches & Chisels o Scissors & Shears o Knives, Multitools, & Utility Knives o Precision Screwdrivers & Tweezers o Electronics Tool Kits o Non-Sparking, Non-Magnetic Tools o Insulated Tools o Wire/Cable Cutters, Strippers, & Shears o Hole Punches & Crimping Tools o Conduit Benders o Fish Tape, Pipe Reels, & Stands o Pipe Threading & Accessories o Plumbing Diagnostic Equipment o Drain Cleaning Equipment o Pipe Wrenches o Pipe/Tubing Cutters, Benders, & Swaging Tools o Bolt & Rebar Cutters o Metal Snips & Sheet Metal Tools o Locking Pliers o Clamps
Appendix E, Description of Lots
12
o Vises o Hand & Hack Saws o Measuring Tapes, Wheels, & Rulers o Construction Calculators o Distance Meters, Stud Finders, & Scanners o Laser Levels & Optical Instruments o Leveling & Layout o Sawhorses, Work Stands, & Project Centers o Putty Knives & Scrapers o Drywall, Floor, Masonry, & Concrete Tools
o Concrete Mixers
Outdoor Equipment
o Gas Drive Post Hole Diggers o Repairing & Waterproofing Compounds o Wheelbarrows o Canopy Shelters o Shovels, Rakes, Forks, & Contractor/Garden Tools o Pruning & Trimming Tools o Chain Saws o Leaf Blowers o Lawn Mowers & Lawn Maintenance Equipment o Snow Throwers o Ice Melt o Snow Removal Tools o Fencing o Insect Control & Sprayers o Garden Hoses & Watering Equipment
o Cordless Lithium-Ion Hammer Drill, Impact Wrenches, & Combo Kits
Power Tools
o Cordless Lithium-Ion Saw Kits o Cordless Lithium-Ion Kits o Cordless Lithium-Ion Saws o Cordless Lithium-Ion Service & Production Tools o Cordless Driver Drills, Impact Wrenches, & Right Angle Drills o Cordless Hammer Driver Drills & Combo Kits o Cordless Jig Saw & Screwdrivers o Cordless Reciprocating/Circular Saws o Cordless Caulk Guns o Cordless Specialty Tools o Pistol Grip Drills & Impact Wrenches o Right Angle Drills & Screwdrivers o D-Handle Drills o Hole Saws o Step Drills & Carbide Hole Cutters o Drill Bits & Sets o Screwdriver Drill & Bit Sets o Nut Setters o Reciprocating Saws & Blades o Circular Saws & Blades o Miter & Scroll Saws o Jig Saws & Blades o Table Saws o Ambient Air Cleaners o Bench Band, Radial Arm, & Panel Saws o Planers & Floor Jointers o Routers & Laminate Trimmers o Specialty Sanders
Appendix E, Description of Lots
13
o Belt Sanders, Plate Joiner, & Planer Sanders o Rotary & Cut-Out Tools o Nibblers & Shears o Sanders & Grinders o Grinding & Cut-Off Wheels o Die Grinders & Carbide Burs o Sander, Polisher, & Band Files o Cut-Off Saws o Portable Band Saws & Blades o Magnetic Drill Presses, Annular Cutters, & Hole Cutters o Powder Actuated Tools o Hammer Drills & Percussion Masonry Bits o Rotary Hammers & Bits o Demolition Hammers & Concrete Grinders o Tile, Masonry, & Concrete Saws o Diamond Saw Blades o Coring Rigs & Bits
Lot Seven – HVAC/R
o Air Circulators & Accessories
Fans
o Mobile Air Circulators o Personal Fans o Commercial & Industrial Exhaust Fans o Hazardous Location Exhaust Fans o Reversible Exhaust/Supply Fans o Commercial & Industrial Exhaust/Supply Fans o Commercial & Industrial Fan Accessories o Shutters, Dampers, & Louvers o Agricultural Exhaust Fans o Tubeaxial Fans & Accessories o Fan Propellers o AC & DC Axial Fans o Kitchen/Bath Exhaust Fans & Accessories o Controls, Roof & Wall Caps o Ceiling & Wall Ventilators o In-Line & Cabinet Ventilators o Kitchen Range Hoods o Attic Ventilators & Foundation Vents o Whole House Fans & Shutters o Residential Ceiling Fans & Accessories o Ceiling Fan Selection Guide o Industrial & Commercial Ceiling Fans
o Centrifugal Upblast Exhaust & Accessories
Power Roof Ventilators
o Centrifugal Filtered Supply o Direct Fired Make-Up Air & Energy Recovery o Centrifugal Downblast Exhaust o Axial Downblast Exhaust/Supply o Axial Upblast Exhaust o Gravity Roof
o Air Curtains
Blowers
o Shaded Pole & PSC o Transflow & Low Profile o High Temperature o Furnace
Appendix E, Description of Lots
14
o Portable & Carpet Dryer o Commercial & Industrial o Centrifugal In-Line Duct o Induced Draft o Duct Boosters o Power Venters o Draft Inducers o Blower Rooftop Accessories o Blower Terminology
o Window Room & Hazardous Location Air Conditioners
A/C & Refrigeration
o Room Air Conditioners & Heat Pumps o PTAC Units o Portable Air Conditioners o Ductless Split Systems o Evaporate Coolers & Accessories o Refrigerators & Ice Makers o Refrigerants o Compressors o Refrigeration Service & Test Equipment o Refrigeration Cleaners o Refrigeration Lubricants & Chemicals o Valves & Crankcase Heaters o Manifold Gauge Sets, Hoses, & Couplers o Filter Dryers o Refrigeration Valves & Controls o Relays
o Digital Thermostats & Control Systems
HVAC Controls
o Low-Voltage Electromechanical Thermostats o Thermostat Guards o Line Voltage Thermostats o Humidity Controls o Air Sensing Switches o Snap-Disc Switches & Switching Relays o Fire Safety & Fan/Limit Controls o Gas Controls o Oil Burner Controls o Oil Burners & Pumps o Pneumatic Controls & Equipment o Steam Traps o Hot Water Controls o Solenoid Valves & Coils o Industrial & Immersion Heaters o Heat Pump Reversing Valves & Controls
o Water Circulator
HVAC Motors
o Oil Burner o Unit Heater o Room Air Conditioner o Direct-Drive Blower o Condenser Fan o OEM Replacement o OEM Replacement Cross Reference o Evaporate Cooler o Direct-Drive o Belt-Drive
Appendix E, Description of Lots
15
o 3.3” Diameter o 4.4” Diameter o Unit Bearing o C-Frame Open Air-Over
o Central Equipment Selection Guide
Central Equipment
o Residential Gas Furnaces o AC/Heat Pump Condensing Units o Packaged Heating & Cooling Equipment o Furnace Humidifiers o Heating Equipment Sizing Guide
o Portable Electric Heaters
Heating Equipment
o Electric Baseboard & Wall Heaters o Electric Unit Heaters & Accessories o Hazardous Location & Washdown Electric Heaters o Electric Infrared Heaters o Boilers & Hydronic Heaters o Portable Oil- and Gas-Fired Heaters o Gas Wall Furnaces o Vent-Free Heaters o Heating Cable & Pipe Insulation o Fire Dampers o Gas Vent Systems o Dampers, Grilles, & Flexible Ducting o Gas Infrared Heaters o Gas-Fired Unit Heaters o Terminology & Selection Guides
Lot Eight - Air Filters
o Air Filters
Air Treatment
o Residential & Commercial Air Cleaners o Portable Air Cleaners o Dust Collectors o Residential Dehumidifiers o Industrial Dehumidifiers
Lot Nine – Pumps & Plumbing
o Dewatering/Utility Sump/Sewage Pumps
o Sump o Battery Backup Sump Pumps o Upright o Effluent o Sewage o Grinder Pumps o Toilet Installation Systems o Float Switches o Check Valves o Control Boxes o Sump Basins
o Portable/Utility/Marine Centrifugal Pumps
o General Centrifugal o Polypropylene o Center Discharge
Appendix E, Description of Lots
16
o Self-Priming o Sewage/Trash Centrifugal o Pressure Booster o Turbine o Pump Seals o Engine-Driven o Fire
o Shallow Well Water System Pumps
o Convertible Jet o Deep Well o Submersible o Pre-Charged Bladder Tank o Well Controls & Accessories o Pool & Spa o Metering o Flowmeters/Flow Sensors o Magnetic Drive o Coolant o Parts Washers o Marine o Fountain/Pond o Compact Submersibles o Condensate o Circulating
o Fuel Transfer
Positive Displacement Pumps
o Drum & Barrel o Electric/Air Operated Transfer o Cleaning/Spraying o Air-Operated Diaphragm o High Pressure Washer o Pressure Washer Accessories o Flexible Impeller o Roller Spray o Progressive Cavity o Rotary Gear o Rotary Vane
o Metal Fittings & Pipe Pipe, Valves, and Fittings
o Pressing Tools and Fittings o Pexcel Tubing and Tools o Plastic Fittings & Pipe o PVC Cements and Cleaners o Flexible Metal Hose o Flexible PVC and Poly Tubing o Barbed Fittings o Composite Tube Fittings o Brass Tube Fittings o Instrumentation Valves o Compression Fittings o Ball Valves o Actuated Valves o Butterfly Valves o Gate Valves o Globe Valves o Regulating & Reducing Valves
Appendix E, Description of Lots
17
o Relief Valves o Check Valves o V and Y Type Strainers o Mixing Valves o Backflow Preventer Valves o Specialty Valves
o Residential Water Heaters Water Heaters
o Commercial Water Heaters o Point-of-Use o Tankless Water Heater o Water Heater Replacement Parts o Water Heater Expansion Tanks
o Bottled Water Coolers Water Coolers
o Drinking Fountains
o Water Softeners Water Filtration
o Water Treatment Chemicals o Reverse Osmosis Systems o Drinking Water Systems o Commercial Food Cartridges o Water Filter Housings o Water Filter Cartridges o In-Line Strainers o Filter Bags & Housings
o Residential & Commercial Disposers
o Disposer Accessories
o Wash Fountains Sinks, Faucets, and Showerheads
o Lavatory Sinks o Cast Iron Sinks o Vitreous China Sinks o Stainless Steel Sinks o Utility Sinks o Bell Traps o Drain Parts o Pipe Covers o Water Connectors o Lavatory Faucets o Infrared Sensor Faucets o Kitchen Faucets o Shower & Tub Faucets o Shower Curtains and Bars o Showerheads o Faucet and Tub Repair Parts
o Toilets Toilets & Urinals
o Urinals o Toilet Seats o Toilet Repair Parts o Fill Valves & Plungers o Correctional Use Toilets o Bathroom Partitions
Appendix E, Description of Lots
18
Lot Ten – Motors & Power Transmission
o 1-Phase Open/Totally Enclosed General Purpose Motors
o 1-Phase C-Face Open/Totally Enclosed o 3-Phase Open/Totally Enclosed o 3-Phase C-Face Open/Totally Enclosed o 3-Phase IEC Metric o AC Adjustable Frequency Drives o AC & DC Controls o DC Motors
o Washdown Definite Purpose Motors
o Hazardous Location o 50 Hz o Instant Reverse o Farm Duty o Air Compressor & Power Tool o Pump Duty o AC/DC Vacuum/Blower o Brushless DC Blower o Universal AC/DC
o Capacitors Motor Accessories
o Mounting Bases, Rings, Brackets, & Rails o Shaft Adapters o Commutator Maintenance
o DC Gearmotors Power Transmission
o AC Gearmotors o Adjustable Speed Drives o C-Face Right Angle Speed Reducers o Direct-Drive Parallel Shaft Speed Reducers o Indirect-Drive Parallel Shaft Speed Reducers o Linear Actuators o Brakes & Clutches o V-Belts o Sheaves & Bushings o Pulleys & Gearbelts o Chain Drive Sprockets o Roller Chains & Accessories o Idlers & Tighteners o Vibrators o Take-Up Bearings & Frames o Mounted Bearings o Ball Bearings o Linear Bearings & Shafting o Rubber Mounted Ball Bearings o Rod Ends o Sleeve Bearings & Bearing Tools o Spur Gears & Rack o Shaft Collars o Shaft Couplings
o Gasoline Engines Engines & Generators
o Portable Generators o Transfer Switches & Accessories
Appendix E, Description of Lots
19
o Standby Generators & Switches o Power Take-Off Generators o Emergency DC & Belt-Driven Generators
1/7/2010
Commonwealth of Pennsylvania Department of General Services
Appendix G
APPENDIX G – TECHNICAL QUESTIONNAIRE
This document applies to all 10 Lots listed in the RFP. Please check all
Lot 1a – Electrical
lots that you will be proposing upon.
Lot 1b – Electrical Square D Lot 2a – 2a Sylvania Lighting (Lamps/Ballasts/Fixtures) Lot 2b – 2b General Electric Lighting (Lamps/Ballasts/Fixtures) Lot 2c – 2c Phillips Lighting (Lamps/Ballasts/Fixtures) Lot 3 – General Hardware, Metal working & Test Equipment, Security Lot 4 – Material Handling Lot 5 – Safety Lot 6 – Hand & Power Tools Lot 7 – HVAC Lot 8 – Filters, excluding automotive and truck filters Lot 9 – Pumps & Plumbing Lot 10 – Motors & Power Transmission
General Information
Q1. Vendor Contact Information (please provide contact information for one person responsible for coordinating your responses during the entire process).
a. Contact's name
b. Contact’s title
c. Telephone
d. Fax
e. Email
f. Street address
g. State
h. Zip Code
i. Country
Q2. Company Overview.
a. Company name
b. Company web-site address
c. Number of employees
d. Number of employees in Pennsylvania
e. Parent company name (if any)
f. Parent company web-site address
Commonwealth of Pennsylvania Department of General Services
Appendix G
Q3. Company Financial Information.
a. Describe your company’s financial stability and economic capability to perform the contract requirements. What are your company’s most recent total annual sales, and what portion of those sales were MRO supplies?
b. What percentage of your company’s total MRO supplies sales are currently with the Commonwealth (enter %)?
c. What percentage of your company’s total MRO supplies sales are within the public sector (enter %)?
d. What is your company’s average order size in dollars?
e. What percentage of your company’s total MRO supplies sales are web order entry (enter %)?
f. What percentage of your company’s total MRO supplies sales are private label (enter %) and provide an approximate # of private label SKU’s?
g. Does your company utilize Category, Commodity, UNSPSC, UPC or Merchandise Class Codes for each category/sub-category of general MRO supplies? If so, please provide in detail.
h. Please provide your company’s public or audited financial statements plus D&B report if available.
Q4. Please describe in detail your understanding of the Problem Statement as defined in Part 1 section I-4.
Q5. Given that CWOPA requires proof of your company’s ability to service a contract of this
size, CWOPA asks that you describe your company’s business in full (scope, years in business etc.) including references of similar sized accounts. Please include contact information for any references that are provided, as specified in Part IV, Work Statement, IV-3 Requirements.
Infrastructure
Q6.a. Please describe your company’s current service/support/distribution infrastructure that will be used to service CWOPA under this award.
b. What enhancements to your current service/support/distribution network would be necessary
to service CWOPA under this contract?
c. Provide a network map/organization structure illustrating the locations and resources that comprise your service/support/distribution network. Please provide sample reports.
Q7. Utilizing the following table, please indicate what service/support/distribution centers products would be pulled from to fulfill orders for the counties listed in the delivery timeframes specified in Part IV, Work Statement, Section IV-4. (a), Delivery and Minimum Orders. Also indicate for each county the name and address for any retail centers in which CWOPA could pick-up orders in person should they need to so. Cells shaded in yellow should be populated for each of the corresponding counties.
Commonwealth of Pennsylvania Department of General Services
Appendix G
County Name
Distribution Center Parts will be supplied from (Include Center Address and County it is located
in)
Closest Retail Center (Include Center Address and
County it is located in) ADAMS ALLEGHENY ARMSTRONG BEAVER BEDFORD BERKS BLAIR BRADFORD BUCKS BUTLER CAMBRIA CAMERON CARBON CENTRE CHESTER CLARION CLEARFIELD CLINTON COLUMBIA CRAWFORD CUMBERLAND DAUPHIN DELAWARE ELK ERIE FAYETTE FOREST FRANKLIN FULTON GREENE HUNTINGDON INDIANA JEFFERSON JUNIATA LACKAWANNA LANCASTER LAWRENCE
Commonwealth of Pennsylvania Department of General Services
Appendix G
County Name
Distribution Center Parts will be supplied from (Include Center Address and County it is located
in)
Closest Retail Center (Include Center Address and
County it is located in) LEBANON LEHIGH LUZERNE LYCOMING MCKEAN MERCER MIFFLIN MONROE MONTGOMERY MONTOUR NORTHAMPTON NORTHUMBERLAND PERRY PHILADELPHIA PIKE POTTER SCHUYLKILL SNYDER SOMERSET SULLIVAN SUSQUEHANNA TIOGA UNION VENANGO WARREN WASHINGTON WAYNE WESTMORELAND WYOMING YORK
Commonwealth of Pennsylvania Department of General Services
Appendix G
Service and Capabilities
Q8. The Commonwealth is seeking a 98% order accuracy rate. Please indicate what your company’s current order accuracy rates are for accounts of similar size to the Commonwealth? How do you measure order accuracy rate? Please describe how your company will meet the 98% accuracy rate under the proposed contract?
Q9. The Commonwealth is seeking at least a 95% order fill rate (orders filled next day without backorders). Please indicate what your company’s current fill rates are for accounts of similar size to the Commonwealth? How do you measure order fill rate? Please describe how your company will meet the 95% fill rate under the proposed contract?
Q10. Please describe how your company will comply with the return and exchange policy required by this contract. As described in Part IV. 4. e. of the work statement.
Q11. Please describe the customer service team that would be dedicated to the Commonwealth account, including the team structure and how approximately 1800-2000 active Commonwealth users will be able to contact your company for customer service. Include the number of executive and professional personnel, analysts, auditors, researchers, programmers, consultants, etc., who will be engaged in the work. Include your proposed number of dedicated representatives and show where these personnel will be physically located during the time they are engaged in the Project. For key personnel include the employee’s name and, through a resume or similar document, the Project personnel’s education and experience. Indicate the responsibilities each individual will have in this Project and how long each has been with your company. Identify by name any subcontractors you intend to use and the services they will perform. Please also describe how your company will resolve user problems, including escalation procedures.
Q12. Please describe in detail how your company will manage the responsibility of training the Commonwealth’s 2000 active users in compliance to this contract.
Q13. Please explain in detail how, when and why your company substitutes alternate comparable products. How do you notify the users of discontinued products?
Q14. Please describe your company’s disaster/pandemic recovery capabilities.
Q15. Describe your company’s ability to provide detailed management reporting. Identify the level(s) (Agency, Department, and Individual) of reporting detail available in sales dollars and sales history by item description, part number, quantity, unit cost, UNSPSC codes, etc. Please provide sample reports. Describe the administrative systems that are in place at the company to support all CWOPA reporting requirements described in Part IV Work Statement, Section IV-4(h) Reports. Reporting requirements include at a minimum the following fields to be queried at both a line item and summary level: CWOPA agency, order date, item category, manufacturer, manufacturer part number, line item description, quantity, list price, CWOPA % discount, CWOPA price, and purchasing method (PO or p-card). Describe any enhanced reporting capabilities, capability to deliver reports electronically, direct access to reports through the web site or other database that may be used to administer the contract, as specified in Part IV, Work Statement, Section IV-4 (i) Electronic Interface.
Commonwealth of Pennsylvania Department of General Services
Appendix G
Q16. Describe your company’s ability to utilize electronic data interchange (EDI), extensible mark-up language (cXML), and Internet ordering, payment (Visa) and shipment tracing. Describe in detail the state of E-Commerce within your company and the benefits.
Q17. Describe how you intend to notify your retail locations on how to handle any purchases by Commonwealth agencies to receive correct CWOPA contract pricing? What will Commonwealth agencies be required to present if customer pickup at one of your retail locations is necessary?
Q18. Describe your online capabilities. Do you have a website? Can CWOPA order items from the website? How often is your online catalog updated, as specified in Appendix IV Work Statement, Section IV-4(i).
Q19. The Commonwealth would like to know your program(s) for recycling materials that you sell to customers as they pertain to this MRO contract (e.g., batteries, ballasts, lamps, thermostats, etc.). Do you offer a value-added program that allows your customers to recycle their used products through you and are you EPA certified? If so, please explain. If not, do you have any plans to initiate such a program?
Purchasing Technology Capabilities
Q20. In order to interface with the Commonwealth’s SAP Procurement system, the company awarded the contract must create an online catalog which can be accessed over the internet, that includes a dedicated and restricted Commonwealth view with contract items, descriptions, pricing, etc. Commonwealth users must be allowed to select items from the catalog and return the data to the Commonwealth’s EBP system. This online catalog must also be accessible over the internet by COSTARS participants or by users without access to SAP, and such users should be able to order online with a credit card or purchasing card. Specific requirements for the online catalog are described in Appendix N: Open Catalog Interface. Has your company created such a catalog before and is your company capable of creating such a customized electronic catalog? If yes, please indicate the lead time to create it if your company is awarded the contract.
Q21. With an interface of two systems, please describe in detail your process for handling backorders and out of stock items.
Q22. What value added services and training can you provide at no cost to CWOPA? Please list.
Appendix I
TOP EIGHT AGENCIES’ SPEND FOR 2008 Transportation $5,523,467 Corrections $3,760,697 General Services $1,574,851 HUM RES/Healthcare $1,477,033 Defense/Safety $ 868,835 State Parks $ 594,091 Natural Resources/ Agriculture $ 485,861 Fish and Game Commission Grand Total $14,518,932
$ 234,097
APPENDIX J
Punch Out Creation – Supplier
1. Open Catalog Interface (OCI) 2. Connectivity 3. Return from Catalog 4. Return Fields 5. Required and Optional Fields 6. Product Numbers 7. Configurable Products
Before we begin discussion about a Punch Out Website, Do you?
Use OCI and HTTP Have available 80 or 443 Portals only Use UNSPSC code as a material group number Able to return UNSPSC with product information Able to pass back CWOPA contract # and Line # Accept all CWOPA users under one unique identity
Open Catalog Interface: Structure The Open Catalog Interface (OCI) incorporates external product catalogs into SRM Server applications. This way, data that is required in order to create shopping cart items in the SRM Server can be transferred directly from the external catalog to the SRM Server application. The interface uses the transfer mechanisms of Hyper Text Transfer Protocol (HTTP). Structure The vendor catalog interface consists of two sections: the outbound and
the inbound sections. Outbound Section The outbound section defines the information being sent from the SRM
system to the vendor’s catalog application. This includes such information as catalog URL and logon data.
Inbound Section The inbound section consists of information being sent from the vendor’s
2 Revised 1/7/2010
catalog application to the EBP application. This section contains data on the items selected in the catalog, such as item descriptions, quantities ordered, and prices.
Graphic 1: System landscape Connectivity The commonwealth uses 80/443 Portal only. In order to begin our Punch Out catalog
the supplier must be able to use this port. In order for a product catalog to be called up via the Intranet or Internet, its URL must be
known in the SRM Server. If the product catalog requires additional parameters for the call-up (for example, log-on names or language identifier), these must also be known in the SRM Server before the call-up.
Most suppliers require a password to limit access to the website. Return From Catalog
3 Revised 1/7/2010
A HTML form is used to transfer the selected product data to the SRM Server. This form is part of a HTML page that must be created by the catalog. This page (the last page that is displayed by the catalog) is sent to the user’s browser. The user can now send the form from this page to the SRM Server application that then takes over the form data.
Graphic 5: Transfer of the data ame: t’) muss in das ‚target’ AttribuÜbertragungeingesetzt werden. Return Data Fields The naming convention for the fields in the OCI is as follows: NEW_ITEM-<Field name>[<index>]. The field type is always CHAR.
INBOUND SECTION
Name Length Required/ Optional
Details
NEW_ITEM-DESCRIPTION[n] 40 Required * Description of the item
NEW_ITEM-MATNR[n] 40 Required* ** The SAP product number of the item
4 Revised 1/7/2010
NEW_ITEM-QUANTITY[n] 15 Required Item Quantity. (11 digits before the decimal point, 3 after it. Do not use commas for thousands. The decimal point “.” is included as 1 character)
NEW_ITEM-UNIT[n] 3 Required** Unit of measure of the item. Must be the standard ISO code. A list will be provided.
NEW_ITEM-PRICE[n] 15 Required*** Price unit of the item. (11 digits before the decimal point, 3 after it. Do not use commas for thousands. The decimal point “.” is included as 1 character)
NEW_ITEM-PRICEUNIT[n] 5 Required The number of units that must be purchased at the given price. (if empty, defaults to 1).
NEW_ITEM-CURRENCY[n] 5 Required*** Must be “USD”.
NEW_ITEM-LEADTIME[n] 5 Optional Delivery time of the item in days. If not specified, no assumptions will be made about the lead-time.
NEW_ITEM-LONGTEXT_n:132[] Unlimited Required Long text for the item. (This field is an exception for field length).
NEW_ITEM-VENDOR[n] 10 Required Vendor number will be provided.
NEW_ITEM-VENDORMAT[n] 40 Optional Vendor product number of the product.
NEW_ITEM-MANUFACTCODE[n] 10 Optional Manufacturer's number
NEW_ITEM-MANUFACTMAT[n] 40 Optional The manufacturer's part number of the product.
NEW_ITEM-MATGROUP[n] 10 Required SAP material group. UNSPSC standard.
NEW_ITEM-SERVICE[n] 1 Required Flag: the item is a service.
NEW_ITEM-CONTRACT[n] 10 Required/****** Optional
SRM/SAP contract number. It will be provided.
NEW_ITEM-CONTRACT_ITEM[n] 5 Required/******
Optional
Line item number within a contract.
NEW_ITEM-EXT_QUOTE_ID[n] 35 Required/*****
Optional
Number of an external bid. Example: The catalog is able to create a quotation in the selling system. This is a reference to this quotation.
NEW_ITEM-EXT_QUOTE_ITEM[n] 10 Required/*****
Optional
Item of external bid. A reference to an external quotation item.
NEW_ITEM-EXT_PRODUCT_ID[n] 40 Optional Key to identify a product in the catalog for the vendor.
NEW_ITEM-ATTACHMENT[n] 255 Optional URL of the attachment (the attachment must be accessible for downloading under this URL).
NEW_ITEM-ATTACHMENT_TITLE[n] 255 Optional If the attachment title is transferred, this field contains this title. Otherwise, the field
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contains the file name taken from the field NEW_ITEM-ATTACHMENT.
NEW_ITEM-ATTACHMENT_PURPOSE[n]
1 Optional If an attachment refers to a configuration, for a PC or car, for example, this field contains the letter C.
NEW_ITEM-EXT_SCHEMA_TYPE[n] 10 Optional**** Name of a schema via which was imported into SRM.
NEW_ITEM-EXT_CATEGORY_ID[n] 60 Optional**** Unique key for an external category from the schema above, independent of the version of the schema.
NEW_ITEM-EXT_CATEGORY[n] 40 Optional**** Unique key for an external category from the schema above, dependent of the version of the schema.
NEW_ITEM-SLD_SYS_NAME[n] 60 Optional Name of a system in the System Landscape Directory
NEW_ITEM-CUST_FIELD1[n] 10 Optional Customer-specific field
NEW_ITEM-CUST_FIELD2[n] 10 Optional As above
NEW_ITEM-CUST_FIELD3[n] 10 Optional As above
NEW_ITEM-CUST_FIELD4[n] 20 Optional As above
NEW_ITEM-CUST_FIELD5[n] 50 Optional As above
* Either NEW_ITEM-DESCRIPTION[n] or NEW_ITEM-MATNR[n] must be filled. Only one of the two should be filled.
** NEW_ITEM-UNIT[n] if NEW_ITEM-MATNR[n] has not been filled
*** NEW_ITEM-CURRENCY[n] if NEW_ITEM-PRICE[n] has been filled
**** NEW_ITEM-EXT_SCHEMA_TYPE[n] if NEW_ITEM-EXT_CATEGORY_ID[n] or NEW_ITEM-EXT_CATEGORY[n] are used
***** NEW_ITEM-EXT_QUOTE_ID[n] if NEW_ITEM-EXT_QUOTE_ITEM[n] has been used
****** NEW_ITEM-CONTRACT[n] if NEW_ITEM-CONTRACT_ITEM[n] has been used Required and Optional Fields The following fields are required fields in all cases: • Either NEW_ITEM-DESCRIPTION[n] or NEW_ITEM-MATNR[n] must be filled. Only one
of the two should be filled. • NEW_ITEM-QUANTITY[n] The following fields are required fields depending on conditions: • NEW_ITEM-UNIT[n] if NEW_ITEM-MATNR[n] has not been filled • NEW_ITEM-CURRENCY[n] if NEW_ITEM-PRICE[n] has been filled • NEW_ITEM-EXT_SCHEMA_TYPE[n] if NEW_ITEM-EXT_CATEGORY_ID[n] or NEW
ITEM-EXT_CATEGORY[n] are used • NEW_ITEM-EXT_QUOTE_ID[n] if NEW_ITEM-EXT_QUOTE_ITEM[n] has been used
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• NEW_ITEM-CONTRACT[n] if NEW_ITEM-CONTRACT_ITEM[n] has been used All other fields are optional. Product Numbers There are four fields in the interface that describe product numbers: • NEW_ITEM-MATNR[n]: The product number in the SRM System of the purchaser • NEW_ITEM-VENDORMAT[n]: The vendor’s product number • NEW_ITEM-MANUFACTMAT[n]: The manufacturer’s product number • NEW_ITEM-EXT_PRODUCT_ID[n]: The number that uniquely identifies the product in the
catalog. These product numbers may not be mixed or used for other purposes; in particular the field NEW_ITEM-MATNR[n] may only be filled if the product number in the customer system is known to the catalog. Configurable Products Some products (such as PCs) can be configured in the catalog. However, the configuration information is not part of the OCI since the structure of this information differs greatly between providers. There are three alternatives for transferring such products with the OCI without losing the configuration information. • The catalog can create a bid in the sales system and can store the configuration
information there. It can then use the fields NEW_ITEM-EXT_QUOTE_ID[n] and NEW_ITEM-EXT_QUOTE_ITEM[n] to transfer a reference to the bid. The bid number is copied to the SRM Server. The configuration information is only available in the sales system if you use this alternative. This variant is suitable for the local and extended classic scenario since the bid reference is not transferred to MM backend systems as standard. If, however, you wish the bid reference to be transferred, you can copy it in BAdI BBP_CATALOG_TRANSFER into the purchase order text for the item.
• The field NEW_ITEM-LONGTEXT_n:132[] can be used to transfer the configuration information as text. The content of the field is included in the purchase order text of the SRM Server shopping cart and of the subsequent purchase order; this way the configuration information is available in the SRM Server.
• The fields NEW_ITEM-ATTACHMENT[n] and NEW_ITEM-ATTACHMENT_PURPOSE[n] can be used to transport the configuration information. Since you can transfer files of any type as attachments, you should ensure that the file can also be displayed (using proprietary or uncommon file types is therefore not recommended). If you use XML files, for example, you should ensure that the formatting information (XSLT) is also included so that the file can be displayed. The configuration information is also available in the SRM Server with this alternative. This variant is only suitable for the local and the extended classic scenario because attachments are not currently transferred to MM backend systems.
