QUOTATION ACCEPTED ON F.O.B. DELIVERED BASIS ONLY Strategic Sourcing Department PENNSYLVANIA TURNPIKE COMMISSION P.O. BOX 67676 HARRISBURG, PA 17106 (717) 939-9551 REQUEST FOR QUOTATION TERMS: NET 30 DAYS BID NUMBER 853046-2017 DATED 04/28/17 BUYER Karen Ruch DUE DATE 05/30/17 Email: [email protected]PAGE 1 Company Name Address City, State, Zip PTC Vendor # Furnish BULK SODIUM CHLORIDE (ROCK SALT) in accordance with PA Department of Transportation specifications entitled “Specifications for Sodium Chloride” dated March 2015 and “Sodium Chloride (Bulk Road Salt) Scope of Work 2017”, to be F.O.B. delivered via truck to the locations shown on the bid sheet as and when required from August 1, 2017 through July 31, 2018 with the option to renew contract for four (4) additional one-year terms upon mutual agreement by Contractors and the Commission. The PTC reserves the right to reject any or all bids. PTC may terminate any resulting contract upon a thirty (30) day written notice. Time for bid opening is 2:00 PM, local time. PTC will only provide the original bid document. Please make a copy for your records. All bids must be received and time-stamped in the Strategic Sourcing Department located at 700 S. Eisenhower Blvd., Middletown, PA, no later than the assigned bid opening time, or they will be refused and returned. Please note that use of U.S. Mail, FedEx, UPS, or other delivery method does not guarantee delivery to the Strategic Sourcing Department of the PA Turnpike Commission by the announced bid opening time. All bidders should allow sufficient delivery time to ensure timely receipt of their bids. Inquiries: All questions concerning this proposal are to be directed in writing to Karen Ruch, Strategic Sourcing Supervisor, [email protected]. Telephone inquiries will not be answered. Bonding: Bid security in the form of bond or check is not required for this bid. Performance bond will not be required of successful bidder(s). Disregard Section I.C. BONDING of the attached conditions and instructions. All other terms apply. Insurance Requirements: Services shall not commence until the successful Contractor has obtained all of the insurance as listed on the attached “Insurance Requirements” specification and such insurance has been approved by the Commission. If Bidder has the required insurance coverage, please attach certificate(s) giving evidence of coverage to your bid proposal. Respondent’s Name Title Fax # Phone # E-mail
Transcript
QUOTATION ACCEPTED ON F.O.B. DELIVERED
BASIS ONLY
Strategic Sourcing Department PENNSYLVANIA TURNPIKE COMMISSION
P.O. BOX 67676 HARRISBURG, PA 17106 (717) 939-9551 REQUEST FOR QUOTATION
Furnish BULK SODIUM CHLORIDE (ROCK SALT) in accordance with PA Department of Transportation specifications entitled “Specifications for Sodium Chloride” dated March 2015 and “Sodium Chloride (Bulk Road Salt) Scope of Work 2017”, to be F.O.B. delivered via truck to the locations shown on the bid sheet as and when required from August 1, 2017 through July 31, 2018 with the option to renew contract for four (4) additional one-year terms upon mutual agreement by Contractors and the Commission. The PTC reserves the right to reject any or all bids. PTC may terminate any resulting contract upon a thirty (30) day written notice. Time for bid opening is 2:00 PM, local time. PTC will only provide the original bid document. Please make a copy for your records. All bids must be received and time-stamped in the Strategic Sourcing Department located at 700 S. Eisenhower Blvd., Middletown, PA, no later than the assigned bid opening time, or they will be refused and returned. Please note that use of U.S. Mail, FedEx, UPS, or other delivery method does not guarantee delivery to the Strategic Sourcing Department of the PA Turnpike Commission by the announced bid opening time. All bidders should allow sufficient delivery time to ensure timely receipt of their bids. Inquiries: All questions concerning this proposal are to be directed in writing to Karen Ruch, Strategic Sourcing Supervisor, [email protected]. Telephone inquiries will not be answered. Bonding: Bid security in the form of bond or check is not required for this bid. Performance bond will not be required of successful bidder(s). Disregard Section I.C. BONDING of the attached conditions and instructions. All other terms apply. Insurance Requirements: Services shall not commence until the successful Contractor has obtained all of the insurance as listed on the attached “Insurance Requirements” specification and such insurance has been approved by the Commission. If Bidder has the required insurance coverage, please attach certificate(s) giving evidence of coverage to your bid proposal.
Bidder Contact Information Order Department Contact: Order personnel must be available 24 hours a day, 7 days a week for Commission field personnel to place orders and confirm delivery arrangements.
Order Department Contact Name
Title
Fax #
Phone #
E-mail Contractor Point of Contact: Each awarded Contractor is required to designate a point of contact person who is available 7 days a week between 8:00 am and 5:00 pm, Eastern Standard Time (EST) to answer questions regarding the Contractor’s ability to deliver the product. This person is responsible for monitoring the Contractor’s supply of sodium chloride, and will notify the Commission of any problems meeting in-season delivery schedules before they exceed the shipping deadline.
Direct Contact Name Title
E-mail Phone #
Fax # Mobile #
Emergency Delivery Provision: In the event of, and for the duration of, any state of emergency or disaster declared by the Governor, the supplier for any county in which the emergency of disaster is officially declared shall attempt to provide continuous twenty-four hour service as directed by the Commission. For the purpose of maintaining necessary communications and services, the Contractor has designated, in the space provided below, a primary and if available, a secondary contact person or title. The Contractor guarantees that the persons so designated will be available throughout the emergency.
Emergency Contact Phone #
Secondary Contact Phone #
Price Adjustment Contact for Winter Usage Program: Please provide contact and e-mail address for monthly price adjustment sheets.
Price Adjustment Contact Name Title
E-mail Phone #
PTC FORM #79-11B (Rev. 2/13) (Continuation of Proposal) Sales made to the Pennsylvania Turnpike Commission are exempt from the provisions of the fair trade law, the Pennsylvania Sales Tax, and certain Federal Excise Taxes. CASH DISCOUNT OFFERED: Bidder hereby agrees that in the event of an award if payment is made within______________( ) days after receipt of material he will offer the Pennsylvania Turnpike Commission a ___________% discount. (NOTE: Discount offered will not be used for the purpose of evaluating lowest bid received.) The Bidder agrees that the Commission may set off the amount of any state tax liability or other obligation of the Contractor or its subsidiaries to the Commonwealth of PA against any payments due the Contractor under any contract with the Commission. BID In compliance with the within proposal, and subject to all the conditions thereof, the undersigned offers and agrees, if this bid be accepted, to furnish any or all items upon which prices are quoted, at the price set opposite each item, delivered at the point(s) specified. This bid will remain firm for sixty (60) days. Executed at_______________________________________this___________________day of________________________ City, State Month, Year
(IF A SOLE PROPRIETOR): ____________________________________________________ Name of Company
(SEAL) Owner
TYPE OR PRINT NAME HERE ____________________________________________________
(IF A PARTNERSHIP): ____________________________________________________ Name of Company
(SEAL) Owner
TYPE OR PRINT NAME HERE ____________________________________________________
(IF A CORPORATION): (See Instructions) ____________________________________________________ Name of Company
Telephone No.____________________________________________ Please check all that apply to your business:
Minority Business Enterprise
Woman Business Enterprise
Small Business Enterprise
Veteran Business Enterprise
Service Disabled Veteran-Owned Business Enterprise
INSURANCE ACKNOWLEDGMENT
The Pennsylvania Turnpike Commission
Company Name
Address
City, State, Zip
PTC Vendor #
This is to confirm that we accept the insurance requirements as stated in the attachment to this request for quotation. Prices in this bid proposal include any and all costs to obtain insurance coverage as specified. One copy of this ACKNOWLEDGMENT must be signed by the Bidder and firmly affixed to proposal prior to delivery to the Commission. _____________________________________________ (Bidder's Signature) _____________________________________________ (Title) _____________________ (Date)
PTC Insurance Requirements SSAM Department page 1
PA Turnpike Commission
Strategic Sourcing & Asset Management Department
Insurance Requirements
A. General Insurance Requirements
1. Services shall not commence until the Contractor has obtained, at their own expense, all of the insurance as required hereunder and such insurance has been approved by the Commission; nor shall the Contractor allow any Subcontractor to commence work on any Commission projects until all insurance required of the Subcontractor has been so obtained and approved by the Contractor. Approval of insurance required of the Contractor will be granted only after submission to the Commission, original certificates of insurance signed by the representatives of the insurers or, at the Commission’s request, certified copies of the required insurance policies.
2. All insurance required herein Insurance shall be written on an “occurrence” basis and not a “claims-made” basis.
3. The Commission, its commissioners, officers, employees, and agents shall be named as additional insured on the Contractor’s liability (General Liability, Automobile Liability and Umbrella Liability insurance) insurance program with respect to the liability arising out of the Contractor’s work (including products and completed operations as well as ongoing operations) and the certificate of insurance, or the certified policy, if required, must also state this. This coverage should be provided, along with evidence of such coverage, for a period of two years after completion of the project.
4. All insurance policies required hereunder shall be endorsed to provide that the policy is not subject to cancellation, non-
renewal, or material reduction in coverage until thirty (30) days prior written notice has been given to the Owner.
5. Insurance provided to the Commission as specified herein shall be primary and non-contributory.
6. No acceptance and/or approval of any insurance by the Commission shall be construed as relieving or excusing the Contractor
or the Contractor’s Surety (if applicable) from any liability or obligation imposed upon either or both of them by provisions of this
Contract.
7. All insurance companies shall have an AM Best’s rating of A- or better and be licensed to do business in the State of Pennsylvania.
8. There shall be no liability upon the Commission, public officials, their employees, their authorized representatives, or agents either personally or as officials of the Commission in carrying out any of the provisions of the Contract nor in exercising any power or authority granted to them by or within the scope of the Contract, it being understood that in all such matters they act solely as agents and representatives of the Commission.
9. Waiver of Rights of Recovery and Waiver of Rights of Subrogation:
a. The Contractor and subcontractors waive all rights of recovery against the Owner and all the additional insureds for loss or damage covered by any of the insurance maintained by the contractor or subcontractor.
b. If any of the policies of insurance required under this contract require an endorsement to provide for the waiver of subrogation, then the named insured of such policies will cause them to be so endorsed.
10. Any type of insurance or any increase in limits of liability not described above which the contractor requires for its own protection or on account of statute shall be its own responsibility and at its own expense.
PTC Insurance Requirements SSAM Department page 2
B. Contractor Liability Insurance Requirements
• The Contractor shall purchase the following insurance coverage’s for the minimum limits specified below or required by law.
• Commercial General Liability insurance for bodily injury, personal injury, and property damage including loss of
use, etc. with minimum limits of: $1,000,000 each occurrence; $1,000,000 personal and advertising injury; $2,000,000 general aggregate; and $2,000,000 products/completed operation aggregate.
This insurance shall include coverage for all of the following
• Coverage is to be provided by the standard Commercial General Liability insurance policy (“Occurrence Form”);
• General aggregate limit applying on a per project/ location basis;
• Liability arising from premises and operations;
• Liability arising from the actions of independent contractors;
• Contractual liability including protection for the Contractor from bodily injury and property damage claims arising out of liability assumed under this Contract;
• Liability arising from the explosion, collapse or underground (XCU) hazards (If Applicable)
• Products/Completed Operations Coverage must be maintained for a period of at least two (2) years after final payment (including coverage for the Additional Insureds as set forth in these Insurance Requirements).
• Business Auto Liability insurance with a minimum limit of $1,000,000 per accident and including, but not limited to,
coverage for all of the following:
• Liability arising out of the ownership, maintenance or use of any auto;
• Auto non-ownership and hired car coverage
• Contractual Liability Coverage (including Liability for Employee Injury assumed under a Contract as
provided in the standard ISO policy form)
• Workers’ Compensation insurance with statutory benefits as required by any state or federal law, including standard
“other states” coverage; employer’s liability insurance with minimum limits of:
$ 500,000 each accident for bodily injury by accident; $ 500,000 each employee for bodily injury by disease; and $ 500,000 policy limit for bodily injury by disease.
1. Including Waiver of Right to Recover from Others Endorsement (WC 00 0313) where permitted by state
law. 2. United States Longshore & Harbor Workers Act Coverage, where applicable; and 3. Maritime Coverage under the Jones Act, where applicable.
• Umbrella Liability or Excess Liability insurance with minimum limits of:
$5,000,000 per occurrence; $5,000,000 aggregate for other than products/completed operations and auto liability; and $5,000,000 products/completed operations aggregate.
Policy to apply excess of the Commercial General Liability (following form, Per Project / location), Commercial Automobile Liability and Employers Liability Coverage.
PA Turnpike Commission Initial Fill Program Sodium Chloride 2017-2018
Bidder may download a copy of the Excel bid sheet at https://www.paturnpike.com/Procurement/Purchasing/bidnotdata.aspx Page 1
District Location Location Code
County 2017 Initial Fill
Unit Price / Ton Initial Fill Total
1 California SLT3 Washington 500 TON $0.00 1 Searights SEAR Fayette 350 TON $0.00 1 Jefferson Hills* JEFF Allegheny 3,300 TON $0.00 1 Laurel Hill Bypass* SLT2 Westmoreland 6,400 TON $0.00 2 Allegheny Tunnel * SLT2 Somerset 3,500 TON $0.00 2 Everett * EVRT Bedford 1,800 TON $0.00 2 Sideling Hill SLT1 Fulton 3,150 TON $0.00 2 Burnt Cabins * BRNT Huntingdon 1,800 TON $0.00 3 Newville Bldg 2 NEWV Cumberland 500 TON $0.00 3 New Cumberland NCMB York 500 TON $0.00 3 Mt. Gretna * MTGT Lancaster 300 TON $0.00 3 Bowmansville BOWM Lancaster 500 TON $0.00 4 Plymouth Meeting PLYM Montgomery 700 TON $0.00 4 Trevose TREV Bucks 300 TON $0.00 5 Slatington * SLAT Lehigh 2,000 TON $0.00 5 Quakertown QTWN Bucks 1,000 TON $0.00 5 Pocono POCN Carbon 1,000 TON $0.00 5 Wyoming Valley - Dupont
BldgWYOM2 Luzerne 1,200 TON $0.00
INITIAL FILL TOTAL 28,800 TON $0.00 * Due to planned maintenance this summer, these locations may have a delayed initial fill schedule.
PA Turnpike Commission Winter Usage Estimates Sodium Chloride 2017-2018
Bidder may download a copy of the Excel bid sheet at https://www.paturnpike.com/Procurement/Purchasing/bidnotdata.aspx Page 2
District Location Location Code
County Est. Usage Base Salt Price / Ton
Transportation Charge / Ton
Adjusted Salt Price/Ton
Evaluation Estimated Total
1 Homewood HOME Beaver 7,000 TON $0.00 $0.00 1 Beaver Valley SLT1 Beaver 4,000 TON $0.00 $0.00 1 Rt 22 Salt Storage SLT5 Washington 1,500 TON $0.00 $0.00 1 Zelienople SLT6 Beaver 1,800 TON $0.00 $0.00 1 Gibsonia GIBS Allegheny 7,200 TON $0.00 $0.00 1 Harrison City HARC Westmoreland 7,200 TON $0.00 $0.00 1 Donegal DNGL Westmoreland 12,200 TON $0.00 $0.00 1 Laurel Hill Bypass SLT2 Westmoreland 11,000 TON $0.00 $0.00 1 Greensburg GREE Westmoreland 6,000 TON $0.00 $0.00 1 Jefferson Hills JEFF Allegheny 4,000 TON $0.00 $0.00 1 California Salt Storage SLT3 Washington 3,500 TON $0.00 $0.00 1 Searights SEAR Fayette 4,500 TON $0.00 $0.00 1 M5 Smithfield SLT4 Fayette 2,000 TON $0.00 $0.00 2 Somerset Bldg SMST Somerset 12,000 TON $0.00 $0.00 2 Somerset Dome SMST Somerset 3,000 TON $0.00 $0.00 2 Allegheny Tunnel SLT2 Somerset 500 TON $0.00 $0.00 2 Kegg KEGG Bedford 5,500 TON $0.00 $0.00 2 Everett EVRT Bedford 5,250 TON $0.00 $0.00 2 Sideling Hill SLT1 Fulton 6,200 TON $0.00 $0.00 2 Burnt Cabins BRNT Huntingdon 5,200 TON $0.00 $0.00 3 Newville NEWV Cumberland 4,600 TON $0.00 $0.00 3 Carlisle Salt Storage SLT2 Cumberland 1,000 TON $0.00 $0.00 3 New Cumberland NCMB York 4,000 TON $0.00 $0.00 3 Mt Gretna MTGT Lancaster 3,000 TON $0.00 $0.00 3 Bowmansville BOWM Lancaster 3,500 TON $0.00 $0.00 4 Devault DVLT Chester 3,600 TON $0.00 $0.00 4 Plymouth Meeting PLYM Montgomery 4,000 TON $0.00 $0.00 4 Trevose TREV Bucks 4,200 TON $0.00 $0.00 5 Quakertown QTWN Bucks 5,000 TON $0.00 $0.00 5 Slatington SLAT Lehigh 6,000 TON $0.00 $0.00 5 Pocono POCN Carbon 9,000 TON $0.00 $0.00 5 Wyoming Valley WYOM Luzerne 6,000 TON $0.00 $0.00
Estimated Total 163,450 TON $0.00
Dist Stor Loc
MaintenanceShip-to Address
Phone Number Cost Center
STOR PA Turnpike CommissionDISTRICT 1 MAINT MP 39.62 WB3000 HABERLEIN RD (ALLEGHENY CO)GIBSONIA PA 15044
724-443-7267 30100 SLT1 PA Turnpike CommissionBEAVER VALLEY Salt Stor - MP 9.4 WBEXIT 10NEW GALILEE PA 16141
HOME PA Turnpike CommissionHomewood Maint Bldg - MP 11.84 EB256 Foxwood Road (Beaver Co.)Wampum PA 16157
724-846-3290 30110 SLT2 PA Turnpike CommissionLAUREL HILL Salt Stor - MP 99.4 EB Westmoreland County Jeanette PA 15644
SEAR PA Turnpike CommissionSearights Maint Bldg - MP 18.1135 Upper Middletown Road (Fayette Co.)Smock PA 15504
412-382-2260 30175 SLT3 PA Turnpike CommissionCALIFORNIA INT. Salt Stor - MP M34.96RD1,BX 283Coal Center PA 15423
GIBS PA Turnpike CommissionGibsonia Maint Bldg - MP 39.62 WB3000 Haberlein Road (Allegheny C)Gibsonia PA 15044
724-443-7268 30120 SLT4 PA Turnpike CommissionM5 SMITHFIELD Salt Stor - MP M4.7 NBRt. 43 Tpk Ext (Fayette C)George TwpSmithfield PA 15478
HARC PA Turnpike CommissionHarrison City Maint Bldg - MP 63.24 WB1012 Sandy Hill Rd. (Westmoreland C)Irwin PA 15642
724-744-4461 30130 SLT5 PA Turnpike CommissionS6 RTE 22. Salt Stor - MP S5.2 EBRt 576 Tpk Ext (Washington C)Smith TwpBulger PA 15019
DNGL PA Turnpike CommissionDonegal Maint Bldg - MP 88.76 WB183 Clay Pike Road (Westmoreland C)Acme PA 15610
724-423-4775 30140 SLT6 PA Turnpike CommissionZELINEOPLE Salt Stor - MP 21.7 EBRD 1, Snyder Drive (Beaver C)Rochester PA 15074
GREE PA Turnpike CommissionGreensburg Maint Bldg - MP G07.2 NB241 AKH Maint Lane (Westmoreland)Jeanette PA 15644
724-850-7091 30160
GREE PA Turnpike CommissionGREENSBURG Salt Storage - MP G7.2 NBA.K.H. BYPASS, TOLL 66 Greensburg PA 15601
724-850-7091 30160
JEFF PA Turnpike CommissionJefferson Hills Maint Bldg - MP M51.40 NBRt. 43 Turnpike Ext (Allegheny Co.)Jefferson Hills PA 15025
412-382-2200 30170
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Dist Stor Loc
MaintenanceShip-to Address
Phone Number Cost Center
STOR PA Turnpike CommissionDISTRICT 2 MAINT - MP 154.2 EB1657 ASHCOM ROAD (BEDFORD C)EVERETT PA 15537
814-652-6122 30190
SMST PA Turnpike CommissionSomerset Maint Bldg - MP 113.97 EB202 Menser Road (Somerset C)Somerset PA 15501
814-445-9691 30200
KEGG PA Turnpike CommissionKegg Maint Bldg - MP 132.34 WB1066 Cider Road (Bedford Co.)Manns Choice PA 15550
814-733-2212 30210
TNL1 PA Turnpike CommissionAllegheny TunnelMilepost 122.18Berlin PA 15530
814-444-3002 30220
EVRT PA Turnpike CommissionEverett Maint Bldg - MP 154.42 EB1657 Ashcom Road (Bedford C)Everett PA 15537
814-652-6122 30230
BRNT PA Turnpike CommissionBurnt Cabins Maint Bldg - MP 186.03 EB24455 Locke Road (Huntingdon C)Shade Gap PA 17255
717-349-2610 30240
TNL2 PA Turnpike CommissionTUSCARORA TUNNEL Milepost 186.1 Shade Gap PA 17255
717-349-7186 30250
TNL3 PA Turnpike CommissionBLUE-KITT TUNNELS Milepost 197.4 Amberson PA 17210
717-776-2890 30260
SLT1 PA Turnpike CommissionSIDELING HILL Salt Stor - MP 168.4 WB Breezewood PA 15533
SLT2 PA Turnpike CommissionALLEGHENY TUNNEL Salt - MP 122.1 EBMilepost 122.1 EB (Somerset C)Berlin PA 15530
SLT3 PA Turnpike CommissionSomerset Dome -Milepost 113.97 EB 177 Menser Road (Somerset C)Somerset PA 15501
814-445-9691 30200
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Dist Stor Loc
MaintenanceShip-to Address
Phone Number Cost Center
STOR PA Turnpike CommissionDISTRICT 3 MAINT - MP 288.33 WB441 PANORAMA DR (LANCASTER C)DENVER PA 17517
717-445-6712 30270
NEWV PA Turnpike CommissionNEWVILLE MAINT - MP 214.22 WB246 CENTER RD (CUMBERLAND C)NEWVILLE PA 17241
717-776-3611 30280
NCMB PA Turnpike CommissionNew Cumberland Maint - MP 243.8 EB519 Marsh Run Road (York Co.)New Cumberland PA 17070
717-774-8235 30290
MTGT PA Turnpike CommissionMt. Gretna Maint Bldg - MP 265.56 EB3014 Pinch Road (Lancaster Co.)Manheim PA 17545
717-665-4745 30300
BOWM PA Turnpike CommissionBowmansville Maint Bldg - MP 288.33 WB441 Panorama Drive (Lancaster Co.)Denver PA 17517
717-445-6711 30310
SLT1 PA Turnpike CommissionNEW CUMBERLAND Salt Stor MP 245.5 WB - York CountyNew Cumberland PA 17070
717-774-8235 30290
SLT2 PA Turnpike CommissionCARLISLE INT Salt Stor MP 226.3 - Rt. 11Carlisle PA 17013
717-774-8235
STOR PA Turnpike CommissionDISTRICT 4 MAINT - MP 333.61801 Gallagher Road (MONTGOMERY)PLYMOUTH MEETING PA 19462
610-567-4822 30320
DVLT PA Turnpike CommissionDevault Maint Bldg - MP 316.27 WB2225 Valley Hill RdMalvern PA 19355
610-827-9455 30330
PLYM PA Turnpike CommissionPlymouth Mtg Maint - MP 333.60 WB403 West Germantown PikePlymouth Meeting PA 19462
610-828-3076 30340
TREV PA Turnpike CommissionTrevose Maint Bldg - MP 353.05 EB2999 Galloway Road (Bucks Co.)Bensalem PA 19020
215-639-0576 30350
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Dist Stor Loc
MaintenanceShip-to Address
Phone Number Cost Center
STOR PA Turnpike CommissionDISTRICT 5 MAINT - MP A94.72 SB511 State Route 940 (CARBON CO)WHITE HAVEN PA 18661
570-443-2045 30370
QTWN PA Turnpike CommissionQuakertown Maint Bldg - MP A43.70 NB1800 John Fried Highway (Bucks Co.)Quakertown PA 18951
215-536-3860 30380
SLAT PA Turnpike CommissionSlatington Maint Bldg - MP A70.10 NB2952 Mountain Road (Lehigh Co.)Slatington PA 18080
610-767-5252 30390
TNL4 PA Turnpike CommissionLEHIGH TUNNELMilepost A70.7LEHIGH COUNTY PA 18951
610-767-5891 30400
POCN PA Turnpike CommissionPocono Maint Bldg - MP A94.6 SB511 State Route 940 (Carbon Co.)White Haven PA 18661
570-443-9517 30410
WYOM PA Turnpike CommissionWyoming Valley Maint - MP A114.50 SBRoute 315 (Luzerne Co.)Pittston PA 18640
570-655-1209 30420
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PA Turnpike Commission Sodium Chloride (Bulk Road Salt)
SCOPE OF WORK 2017 This Contract number 853046-2017 (identified here and in the other documents as the “Contract”) will cover the requirements of the Pennsylvania Turnpike Commission (Commission) for Sodium Chloride (Bulk Rock Salt). This contract will cover the needs of the Commission’s Initial Fill Program and subsequent Winter Usage Program. For this Request for quotation (RFQ), pricing will be asked for the Initial Fill Program and the Winter Usage Program; both programs will be awarded by location to the lowest bidder. All pricing is FOB Delivered. Note: All references to Publications and/or Bulletins are latest edition. TERM OF CONTRACT: The Contract shall commence on the Effective Date, August 1, 2017 and expire on July 31, 2018. OPTION TO RENEW: The contract or any part of the contract may be renewed for four (4) additional one (1) year terms by the mutual agreement between the Commission and the Supplier(s). The renewal may be exercised as individual or multiple year terms(s). Renewals shall be negotiated and mutually agreed upon by the Commission’s Strategic Sourcing Department and the suppliers for the Initial Fill Program and Winter Usage Program. Non-renewed contracts will be competitively re-bid. Exact requirements for the Initial Fill Program and estimated requirements for the Winter Usage Program will be provided for renewal options. Upon renewal the Contract terms and conditions shall apply as the prior year. Renewal pricing will be negotiated at the base bid price per ton. The Commission reserves the right to adjust Initial Fill and Winter Usage Program dates at the time of renewal. All negotiated renewal pricing for the Initial Fill Program shall be effective from August 1 through September 30. All negotiated renewal pricing for the Winter Usage Program shall be effective from October 1 through July 31. QUOTATION REQUIREMENTS: The Commission is requesting bidders submit bids for Sodium Chloride (Bulk Road Salt) Initial Fill Program and Winter Usage Program. The following documents are required to be completed and returned with your bid. These are in addition to any other requirements to submit documentation within the bid specifications. Bids may be rejected for failure to return required documents.
1. Request for Quotation – Signed by an Authorized Signatory 2. State of Manufacture Chart (This is the Reciprocal limitations Act GSPUR - 89 included as an attachment to this bid) 3. Material Safety Data Sheet 4. One (1) hard copy of the completed Excel bid sheet 5. Quality Control Plan (follow instructions in specifications)
Bidder may download a copy of the Excel bid sheet at https://www.paturnpike.com/Procurement/Purchasing/bidnotdata.aspx. The Excel bid sheet has three tabs. The first tab covers the Initial Fill program price submittal. The second tab covers the Winter Usage program price submittal. The third tab contains all of the Commission delivery addresses. METHOD OF AWARD: The Commission is requesting separate pricing per location for the Initial Fill program and the Winter Usage program. NOTE: (See Initial Fill Program section: Method of Award) and (See Winter Usage Program: Method of Award) QUALIFICATIONS OF BIDDERS: Bidders must own an approved source of sodium chloride Type 1, Grade 1, or provide the Commission with a Manufacture guarantee from an approved source of supply from the owner of the approved source. For award, those bidders who do not own an approved source must furnish with their bids a Manufacturer’s Guarantee form signed by the owner of an approved source of sodium chloride that conforms to Publication 408, Section 722 – Sodium Chloride. Failure to include a signed guarantee with the bid shall result in the rejection of the bid unless the bidder is offering to provide material from an approved source owned by the bidder. NEW SOURCES: In the event that a new source is developed and placed in operation by an approved source already in Publication 35 Bulletin 15, during the life of this contract, the new source is subject to approval by the Pennsylvania Department of Transportation before material is delivered to users of this contract. SPECIFICATIONS: Suppliers shall comply with Department of Transportation Publication 408 Section 722 – Sodium Chloride. In addition, the supplier must furnish sodium chloride from a manufacturer listed in Publication 35 Bulletin 15, and meeting the requirements Publication 408, Section 722 – Sodium Chloride.
MATERIAL SAFETY DATA SHEET: The material safety data sheet for each product being bid include with the bid proposal or the bureau may reject the bid. STOCKPILE INSPECTION: The Commission, at its own discretion, may inspect any awarded supplier’s stockpile/storage area used to store and from which the awarded material is shipped. The inspection may include but is not limited to the following:
1. Are the piles of material covered properly to ensure protection from adverse weather? 2. Proper sampling of material. Samples may be taken and forwarded to the PennDOT Lab for testing for conformance to
specifications listed in this contract. If the inspection results in piles of material not being covered and/or test results failing, the awarded supplier using said stockpile/storage area may be notified to discontinue shipping material to Commission locations from that stockpile/storage area. If such notification is necessary, it shall be made by PTC Strategic Sourcing Department. DELIVERIES: Each location will accept deliveries between the hours of 7:00 AM and 3:00 PM, Monday through Friday, except holidays, in absence of a prior agreed upon schedule. The initial fill and winter season deliveries are shipped in accordance with the following:
1. Deliveries will be authorized via PHONE or EMAIL, and the supplier will provide a written confirmation of receipt of order. 2. Commission personnel must be present to receive all materials being shipped unless otherwise agreed upon. Shipments
must be made in a continuous manner so that the availability of receiving personnel is scheduled efficiently. 3. Commission personnel receiving all materials should clearly note any issues regarding the material on the bill of lading
whether material is received or rejected. 4. Deliveries any time other than weekdays between the hours of 7:00 AM and 3:00 PM scheduled only upon agreement and
coordination with the District Superintendent or designee. 5. Protect all deliveries of salt by waterproof covering throughout the shipping process. The Commission may reject
unprotected shipments. 6. A Bill of Lading, (BOL), is furnished with each Delivery 7. Vendor will furnish certified weight slips or digital printout for each truck delivery. PTC will not be responsible for any
shipment where carrier’s delivery document does not contain an authorized PTC receiver’s signature. 8. The Commission reserves the right to weigh trucks, to check delivery weights at source or at destination prior to and/or
after unloading, at no cost to the Commission. 9. Deliveries will be accepted 24 hours a day from December 15 through March 15.
WEIGHING: On all bulk shipments originating outside the Commonwealth of Pennsylvania, certified weight slips from the supplier must accompany each truck. Shipments originating within Pennsylvania must be weighed by a licensed Public Weigh Master and accompanied by a certified weight slip. An electronic digital measuring device is acceptable if a source has the capability in its scale. The scale used requires approval by the Department of Agriculture, Bureau of Rides and Measures Standards, or tested and approved by a scale repair service with testing capabilities with appropriate weights and procedures as contained in Scale Code NIST Handbook 44. Electronic signatures certifying the weight slip are acceptable. The Supplier is responsible for the preparation of accurate weight slips, certification attesting to the accuracy of the weights recorded, and assuring conformance with Department of Transportation Publication 408 or latest version, Section 107.23 (b) Mass (Weight) Limits and Weighing, including the payment of liquidated damages as specified herein. INSPECTION:
1. Because of the seasonal nature of the Commission’s winter program, materials received in the field must satisfy the specifications and be ready for immediate use by the Commission. The use of substandard materials has a direct bearing on winter road maintenance operations.
2. Material That Does Not Appear To Meet Specifications: Upon inspection of delivered salt, the material shall be uniform in appearance, free flowing and free from visual evidence of foreign matter including but not limited to dirt, stone, chips, trash, or any other material that could reasonably be expected to interfere with the use, handling, and storage of the salt. Salt shall be received in a free-flowing and usable condition.
3. Materials that do not appear to meet specifications at the time of delivery may be rejected and turn away by the PTC personnel at the delivery location.
4. Samples may be taken from deliveries that do not appear to meet specification and these samples will be forwarded to the PennDOT laboratory for testing to determine whether, in fact, the material did or did not meet specifications.
5. Moisture content shall not exceed 2.0% by weight for stockpile delivery as determined by drying at 230+- 9 degrees F to constant weight. All material shall be covered in transit. Upon testing, the supplier shall be responsible for the weight of water contained in each shipment that is greater than 2%. If the moisture content is greater than 2%, that amount by weight shall be deducted from payment.
NON-CONTRACT PURCHASE: The Commission reserves the right to purchase Sodium Chloride from another supplier in the event the awarded contract supplier has failed to meet the delivery requirements established in this bid proposal and that failure interferes with the proper implementation of the Commissions’ programs.
INITIAL FILL PROGRAM INITIAL FILL PROGRAM: The Commission will be responsible for the purchase of 100% of the Initial Fill Program requirements. Exact Initial Fill Program quantities are attached to this Request for Quotation. All deliveries of Initial Fill Materials must occur between August 1, 2017 and September 30, 2017. METHOD OF AWARD: The Initial Fill Program will run from August 1, 2017 through September 30, 2017. All material supplied during the Initial Fill Program is fixed pricing for that time frame. Award for the Initial Fill program will be best value by Location based on the delivered price per ton. ORDERS: The Commission will issue purchase orders for the Initial Fill Program after August 1, 2017 and no later than September 1, 2017 of the current year. The Strategic Sourcing Department and Maintenance Department representatives should conduct a meeting with the awarded Supplier(s) to discuss Initial Fill Program deliveries and Winter Usage Program deliveries prior to the initiation of the Contract. The Initial Fill Program will end on September 30, 2017. NOTE: All prices are determined by Purchase Order date. QUANTITIES: The Commission has supplied Initial Fill Program requirements for this contract that reflect their needs for delivery from August 1, 2017 thru September 30, 2017. It is further understood and agreed that the Commission will purchase 100% of their Initial Fill Program quantities. LOT FOR DELIVERY: For reference purposes, the Commission location listing is included with the bid sheets. These locations are subject to change and the Commission reserves the right to add delete and/ or alter locations as necessary. For the purposes of this contract, the quantity delivered on a given day to a specific stockpile is considered a lot for delivery. INITIAL FILL PROGRAM -- August 1, 2017 to September 30, 2017. Is the tonnage of sodium chloride that will be ordered by each Location between August 1, 2017 and September 1, 2017, for delivery no later than September 30, 2017. Orders for Initial Fill Program materials shall be delivered and complete within 30 business days after the awarded supplier receives the purchase order.
WINTER USAGE PROGRAM WINTER USAGE PROGRAM: This program represents those materials ordered and delivered to the Commission between October 1, 2017 and July 31, 2018. METHOD OF AWARD: The Winter Usage Program will run from October 1, 2017 through July 31, 2018. All material supplied during the Winter Usage Program pricing is based on the PRICE conditions shown below. All pricing is to be entered on the bid sheet ORDERS: The Commission locations shall request supply of Winter Usage Program sodium chloride from the appropriate Winter Usage Program Supplier on or after October 1, 2017. Subsequent re-supplying purchase orders will be issued as re-supply is needed and the Supplier will begin delivery within 3 working days of receipt of the Purchase Order. NOTE: All prices are determined by Purchase Order date. LOT FOR DELIVERY: For reference purposes, the Commission location listing is attached. These locations are subject to change and the Commission reserves the right to add delete and/ or alter locations as necessary. For the purposes of this contract, the quantity delivered on a given day to a specific stockpile is considered a lot for delivery. ESTIMATED QUANTITIES: Estimated quantities are provided for the re-supply of the Commission locations from October 1, 2017 to April 30, 2018. These quantities are predicated on the severity of the winter weather conditions and may be increased or decreased in accordance with the actual needs. Delivery of material to Commission locations must begin within three (3) business days after receipt of the purchase order. Orders received at the Supplier’s place of business after 12:00 noon are consider the next business day’s order, and delivery must begin within three (3) business days after the next day. Delivery should be completed within 10 business days whenever possible. All awarded Suppliers will acknowledge receipt of the re-supply order by faxing or emailing the ordering location with an order confirmation number. OTHER – The Commission reserves the right to replenish stockpiles between May 1st and July 31st. Orders for Commission re-supply, placed after April 30 shall be delivered and complete within 30 business days after the awarded supplier receives the purchase order. Winter Usage Program pricing will apply to materials purchased from May 1st though July 31st.
LIQUIDATED DAMAGES: During the period of October 1 through April 30, deliveries that do not meet the daily delivery tonnage requirements and/or the established order completions period as stated in the Contract, shall be considered cause for interruption of the proper implementation of the Commission’s winter roadway safety program. The Commission and the awarded supplier, therefore, presume that in the event of any such delay, the amount of damage which will be sustained from a delay of daily delivery tonnage requirements and/or the established order completions period specified will be $100.00 per business day per delivery. A delivery is defined as the required daily tonnage of material. The Commission and the awarded supplier further agree that in the event of any such delay, the awarded supplier shall pay such amount as liquidated damages not as a penalty. The Commission shall be held responsible for roadways that are officially closed, obstructed, or impassable due to winter weather conditions and is required to release the supplier from the liquidated damages for the day(s) of obstruction to traffic. The Commission has the following option for deducting amounts due to the Commission as liquidated damages: • May deduct such from any money payable to the awarded supplier or • May bill the awarded supplier as a separate item. It is the responsibility of the Strategic Sourcing Department to investigate instances of late or incomplete deliveries by gathering information from the using location and the contractor. The Department will determine whether liquidated damages are an appropriate remedy in each instance. The Commission shall notify the awarded supplier in writing of any claims for liquidated damages pursuant to this paragraph before the date the Commission deducts such sums from the money payable to the awarded supplier. WEEKLY REPORTS: The awarded supplier is required to send to the Strategic Sourcing Contract Manager listed in the contract a weekly report. The Supplier shall furnish weekly reports to the contract manager during the period of October 1 to April 30. Each report shall include the following data: (*Commission reserves the right to adjust reporting criteria.) • Supplier Name • Contract number • Period covered by report • Awarded Tons • Tons Shipped to date • % of awarded tons shipped to date • Tons not shipped to date • Total cost
• Weekly shipping (tonnage rate) • Delivery Backlog (including order date) • Anticipated Backlog delivery date PRICE - Contract prices for the Winter Usage Program shall be firm except for the price revisions permitted in accordance with the following clauses:
1. Price Escalation Based on Exceeding 120% of Estimated Quantity • A price escalation will be permitted when delivery quantities exceed 120% of estimated quantity for all of the sites serviced by a
supplier. • An automatic unit price increase of 10% will be allowed once quantities delivered are over 120% of estimated quantity. Once deliveries
exceed 130% of estimated quantities the automatic price increase will change to 15%. Once deliveries exceed 135% of estimated quantities, if contractor’s costs exceed 15%, contractors may apply for a greater than 15% escalation. Contractors must provide documentation which substantiates the requested increase. The documentation will be reviewed by the PTC Strategic Sourcing Department and, if approved, will be applied retroactively.
2. Fuel Price Adjustment: • The Supplier’s bid price is adjusted (up or down) once each month during the months of October through May on the cost of diesel fuel
used in transportation. The last price change completed for May will determine the pricing for the remaining months on the contract. • For every $.05 change in B5 Blended Diesel price, the supplier’s transportation portion of their bid price is adjusted by 1%. The change
in diesel price is calculated by comparing the applicable monthly diesel price with the base diesel price. If the monthly figure is greater than the base, an upward price change is issued. If the monthly figure is less than the base, a downward price change is issued.
• A Change Notice to the contract is issued to incorporate the price change and change all contract awarded prices for deliveries on or after the effective date of the price change. A unit price change is not considered unless the diesel price change is at least $.10. Price changes will be distributed via e-mail.
• The base B5 Blended Diesel price and the monthly B5 Blended Diesel price is established from the OIL PRICE INFORMATION SERVICE (OPIS), PAD 1 REPORT published weekly except last weeks in June and December by the United Communications Group, Bethesda, MD. Telephone 301-816-8950.
• The base price for B5 Blended Diesel under this contract is $1.6024 effective May 1, 2017, calculated as the average of the Rack Averages for the Harrisburg, Philadelphia and Pittsburgh, PA markets, issued by OPIS for the effective date: Base Price (cts/gal B5) = (Harrisburg Avg + Philadephia Avg + Pittsburgh Avg)/3
• The monthly diesel price will be the calculated average of OPIS data on the FIRST THURSDAY OF THE MONTH. The monthly price adjustment is EFFECTIVE ON THE TUESDAY FOLLOWING THE 1ST THURSDAY of the month. If a holiday falls on the applicable Thursday and the price information is not published, the last published price information before the applicable Thursday is used. Effective dates for price adjustments under any resulting contract will be the following Tuesdays:
October 10, November 7, December 5, 2017 January 9, February 6, March 6, April 10, May 8, 2018
• All prices are determined by the Purchase Order date.
3. Price Adjustments for Renewals: The contract or any part of the contract may be renewed for four (4) additional one (1) year terms by mutual agreement between the Contractor and the Commission. Price adjustments for renewals shall be negotiated and mutually agreed upon by the Commission and the Contractors. The Commission reserves the right to renew any and or all contracts. Non-renewed contracts will be competitively re-bid. Estimated requirements will be provided for any/all renewal options. Upon renewal the Contract terms and conditions shall apply as the prior year. Renewal pricing will be negotiated at the base bid price per ton. Final renewal pricing will be the negotiated price agreed upon plus or minus the fuel adjustment as defined above. All negotiated renewal pricing shall be effective August 1 and end June 30 of the applicable contract period.
COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION
SPECIFICATIONS FOR SODIUM CHLORIDE March 2015
Sodium Chloride Roadway De-Icer:
Sodium chloride Roadway De-Icier supplied under contract shall conform to the requirement of ASTM D632-12, Type 1, GRADE 1.
1. Moisture content shall not exceed 2.0% by weight for Mined Rock Salt.
2. All sodium chloride uniformly treated with either of the following anti-caking
compounds: Yellow Prussiate of Soda-Sodium Ferro Cyanide or Prussian Blue-Ferric Ferro Cyanide. The anti-caking compound introduced uniformly throughout the sodium chloride at such a rate that a minimum of 20-PPM anti-caking compound is present.
3. Any sodium chloride that is not free-flowing and in usable condition upon arrival
at its destination is rejected. Should foreign material be present in the shipment, the load will be subject to rejection.
4. Physical Requirements:
Mined Rock Salt Chemical Composition: Total chloride expressed as NaCL a minimum of 95.0%. MINED ROCK SALT GRADING: THE SODIUM CHLORIDE SHALL CONFORM TO THE FOLLOWING PARTICLE SIZE DISTRIBUTION SPECIFICATIONS AS DETERMINED BY LABORATORY SIEVES.
PASSING A ½ “ SIEVE (12.50MM 100% PASSING A 3/8” SIEVE ( 9.50MM) 95.0% - 100% PASSING A N0.4 SIEVE ( 4.75MM) 20.0% - 90.0% PASSING A NO.8 SIEVE ( 2.36MM) 10.0% - 60.0% PASSING A NO. 30 SIEVE ( 0.60MM) 0.0% - 15.0%
PERMISSIBLE VARIATION IN THE CASE OF SODIUM CHLORIDE SAMPLES AFTER DELIVERY TO THE PURCHASER: TOLERANCE FROM THE FOREGOING SPECIFICED VALUE ALLOWED FOR GRADATION NOT TO EXCEED 5.0 PERCENTAGE POINTS ON EACH SIEVE SIZE EXCEPT THE 12.5 MM, (1/2 IN.) AND 9.5 MM (3/8 IN.).
5. Shipment:
Vendor will be required to use their own bill of lading, which includes a statement indicating, “This material has been tested and meets PennDot specifications.” or a CS4171 form must accompany the bill of lading. Department personnel receiving materials should clearly note any issues regarding the material on the bill of lading whether material is received or rejected.
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RECIPROCAL LIMITATIONS ACT REQUIREMENTS
Please Complete Applicable Portion of Pages 3 & 4 and Return with Bid.
NOTE: These Requirements Do Not Apply To Bids Under $10,000.00 I. REQUIREMENTS
A. The Reciprocal Limitations Act requires the Commonwealth to give preference to those bidders offering supplies produced, manufactured, mined or grown in Pennsylvania as against those bidders offering supplies produced, manufactured, mined or grown in any state that gives or requires a preference to supplies produced, manufactured, mined or grown in that state. The amount of the preference shall be equal to the amount of the preference applied by the other state for that particular supply.
The following is a list of states which have been found by the Department of General Services to have applied a preference for in-state supplies and the amount of the preference:
STATE PREFERENCE 1. Alaska 7% (applies only to timber, lumber, and manufactured lumber products originating in
the state) 2. Arizona 5% (construction materials produced or manufactured in the state only) 3. Hawaii 10% 4. Illinois 10% for coal only 5. Iowa 5% for coal only 6. Louisiana 4% meat and meat products 4% catfish 10% milk & dairy products 10% steel rolled in Louisiana 7% all other products 7. Montana 5% for residents * 3% for non-residents* *offering in-state goods, supplies, equipment and materials 8. New Mexico 5% 9. New York 3% for purchase of food only 10. Oklahoma 5% 11. Virginia 4% for coal only 12. Washington 5% (fuels mined or produced in the state only) 13. Wyoming 5%
B. The Reciprocal Limitations Act requires the Commonwealth to give preference to those bidders offering
printing performed in Pennsylvania as against those bidders offering printing performed in any state that gives or requires a preference to printing performed in that state. The amount of the preference shall be equal to the amount of the preference applied by the other state for that particular category of printing.
The following is a list of states which have been found by the Department of General Services to have applied a preference for in-state printing and the amount of the preference:
STATE PREFERENCE 1. Hawaii 15% 2. Idaho 10% 3. Louisiana 3% 4. Montana 8% 5. New Mexico 5% 6. Wyoming 10%
C. The Reciprocal Limitations Act, also requires the Commonwealth to give resident bidders a preference against
a nonresident bidder from any state that gives or requires a preference to bidders from that state or exclude bidders from states that exclude nonresident bidders. The amount of the preference shall be equal to the amount of the preference applied by the state of the nonresident bidder. The following is a list of the states which have been found by the Department of General Services to have applied a preference for in-state bidders and the amount of the preference:
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STATE PREFERENCE 1. Alaska 5% (supplies only) 2. Arizona 5% (construction materials from Arizona resident dealers only) 3. California 5% (for supply contracts only in excess of $100,000.00) 4. Connecticut 10% (for supplies only) 5. Montana 3% 6. New Mexico 5% (for supplies only) 7. South Carolina 2% (under $2,500,000.00) 1% (over $2,500,000.00)
This preference does not apply to construction contracts nor where the price of a single unit exceeds $10,000.
8. West Virginia 2.5% (for the construction, repair or improvement of any buildings 9. Wyoming 5% STATE PROHIBITION 1. New Jersey For supply procurements or construction projects restricted to Department of General
Services Certified Small Businesses, New Jersey bidders shall be excluded from award even if they themselves are Department of General Services Certified Small Businesses.
D. The Reciprocal Limitations Act also requires the Commonwealth not to specify, use or purchase supplies
which are produced, manufactured, mined or grown in any state that prohibits the specification for, use, or purchase of such items in or on its public buildings or other works, when such items are not produced, manufactured, mined or grown in such state. The following is a list of the states which have been found by the Department of General Services to have prohibited the use of out-of-state supplies:
STATE PROHIBITION 1. Alabama Only for printing and binding involving ”messages of the Governor to the Legislature“, all
bills, documents and reports ordered by and for the use of the Legislature or either house thereof while in session; all blanks, circulars, notices and forms used in the office of or ordered by the Governor, or by any state official, board, commission, bureau or department, or by the clerks of the supreme court . . ./and other appellate courts/; and all blanks and forms ordered by and for the use of the Senate and Clerk or the House of Representatives, and binding the original records and opinions of the Supreme Court . . . /and other appellate courts/
2. Georgia Forest products only 3. Indiana Coal 4. Michigan Printing 5. New Mexico Construction 6. Ohio Only for House and Senate bills, general and local laws, and joint resolutions; the
journals and bulletins of the Senate and house of Representatives and reports, communications, and other documents which form part of the journals; reports, communications, and other documents ordered by the General Assembly, or either House, or by the executive department or elective state officers; blanks, circulars, and other work for the use of the executive departments, and elective state officers; and opinions of the Attorney General.
7. Rhode Island Only for food for state institutions.
*If the bid discloses that the bidder is offering to supply one of the above-listed products that is manufactured, mined, or grown in the listed state, it shall be rejected. Contractors are prohibited from supplying these items from these states.
II. CALCULATION OF PREFERENCE
In calculating the preference, the amount of a bid submitted by a Pennsylvania bidder shall be reduced by the percentage preference which would be given to a nonresident bidder by its state of residency (as found by the Department of General Services in Paragraph C above). Similarly, the amount of a bid offering Pennsylvania goods, supplies, equipment or materials shall be reduced by the percentage preference which would be given to another bidder by the state where the goods, supplies, equipment or materials are produced, manufactured, mined or grown (as found by the Department of General Services in Paragraphs A and B above).
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THIS FORM MUST BE COMPLETED AND RETURNED WITH THE BID
III. STATE OF MANUFACTURE
All bidders must complete the following chart by listing the name of the manufacturer and the state (or foreign country) of manufacture for each item. If the item is domestically produced, the bidder must indicate the state in the United States where the item will be manufactured. This chart must be completed and submitted with the bid or no later than two (2) business days after notification from the Issuing Office to furnish the information. Failure to complete this chart and provide the required information prior to the expiration of the second business day after notification shall result in the rejection of the bid.
ITEM NUMBER NAME OF MANUFACTURER STATE
(OR FOREIGNCOUNTRY) OF MANUFACTURE
IV. BIDDER’S RESIDENCY
A. In determining whether the bidder is a nonresident bidder from a state that gives or requires a preference to bidders from that state, the address given on the first page of this invitation to bid shall be used by the Commonwealth. If that address is incorrect, or if no address is given, the correct address should be provided in the space below:
Correct Address:
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B. In order to claim the preference provided under Section I.B., Pennsylvania resident bidders must complete the following or have such information on file with the Issuing Office:
1. Address of bidder’s bona fide establishment in Pennsylvania at which it was transacting business on the
date when bids for this contract/requisition were first solicited: 2. a. If the bidder is a corporation:
(1) The corporation is or is not incorporated under the laws of the Commonwealth of
Pennsylvania.
(a) If the bidder is incorporated under the laws of the Commonwealth of Pennsylvania, provide date of incorporation:
(b) If the bidder is not incorporated under the laws of the Commonwealth of Pennsylvania,
it must have a certificate of authority to do business in the Commonwealth of Pennsylvania from the Pennsylvania Department of State as required by the Pennsylvania Business Corporation Law (15 P.S. §2001). Provide date of issuance of certificate of authority:
(2) The corporation is or is not conducting business in Pennsylvania under an assumed or
fictitious name. If the bidder is conducting business under an assumed or fictitious name, it must register the fictitious name with the Secretary of the Commonwealth and the office of the prothonotary of the county wherein the registered office of such corporation is located as required by the Fictitious Corporate Name Act, as amended 15 P.S. §51 et seq. Corporate bidders conducting business under an assumed or fictitious name must provide date of registry of the assumed or fictitious name:
b. If the bidder is a partnership:
(1) The partnership is or is not conducting business in Pennsylvania under an assumed or
fictitious name. If the bidder is conducting business under an assumed or fictitious name, it must file with the Secretary of the Commonwealth and the office of the prothonotary the county wherein the principal place of business is located as required by the Fictitious Name Act of May 24, 1945, P.L. 967, as amended 54 P.S. §28.1. Partnerships conducting business under an assumed or fictitious name must provide the date of filing of the assumed or fictitious name with the Secretary of the Commonwealth:
(2) The partnership is or is not a limited partnership formed under the laws of any
jurisdiction other than the Commonwealth of Pennsylvania. If the bidder is an Out-of-state limited partnership, it must register with the Pennsylvania Department of State as required by the Act of July 10, 1981, P.L. 237, as amended, 59 Pa. C.S.A. §503. Out-of-state limited partnerships must provide the date of registry with the Pennsylvania Department of State:
c. If the bidder is an individual:
He or she is or is not conducting business under an assumed or fictitious name. If the bidder is conducting business under an assumed or fictitious name, he or she must file with the Secretary of the Commonwealth and the office of the prothonotary in the county wherein the principal place of business is located as required by the Fictitious Name Act of May 24, 1945, P.L. 967, as amended, 54 P.S. §28.1. Individuals conducting business under an assumed or fictitious name must provide the date of filing of the assumed or fictitious name with the Secretary of the Commonwealth:
CONDITIONS AND INSTRUCTIONS TO BIDDERS The foregoing proposal is subject to the following general conditions and instructions, all interpretations of which shall be at the sole discretion of the Pennsylvania Turnpike Commission:
I. BID REQUIREMENTS A. BID OPENING PTC will only provide the original bid document. Please make a copy for your records. All bids must be received
and time-stamped in the Strategic Sourcing Department located at 700 S. Eisenhower Blvd., Middletown, PA, no later than the assigned bid opening time, or they will be refused and returned. Please note that use of U.S. Mail, FedEx, UPS, or other delivery method does not guarantee delivery to the Strategic Sourcing Department of the PA Turnpike Commission by the announced bid opening time. All bidders should allow sufficient delivery time to ensure timely receipt of their bids.
B. DELIVERY OF PROPOSAL All bid quotations must be returned in sealed envelope addressed exactly as shown on the attached “Quotation Delivery Instructions”. Failure to address envelope properly and include all essential information will be deemed sufficient reason for rejection of quotation.
C. BONDING If required by specific terms in the RFQ document, proposal, performance, and payment guaranty to be provided under the following instructions. PROPOSAL GUARANTY FOR EXECUTION OF CONTRACT TO ACCOMPANY BID PROPOSAL 1. No proposal will be considered unless accompanied by a bid bond in favor of and payable to the Pennsylvania
Turnpike Commission in a sum not less than ten percent (10%) of the proposal price of the material, services, or combination thereof, conditioned that the bidder will execute, within the prescribed time limit, a contract to furnish materials, services, or combination thereof, according to the terms of the proposal.
2. In addition, each bond shall have a surety thereon one or more surety companies legally authorized to transact business in the Commonwealth, and shall be acceptable to the Commission. However, in lieu of a bond, such proposal guaranty, in the required amount, may be a bank cashier's or treasurer's check, or a depositor's check certified by the bank of deposit.
3. The bid security of the three (3) low bidders will be retained until the execution of the contract.
PERFORMANCE BOND WILL BE REQUIRED FROM SUCCESSFUL BIDDER(S) Security in the amount of one hundred percent (100%) of bid will be required from the successful bidder(s), and it should be in the form of a certified check, bank cashier's check, or treasurer's check drawn to the order of the Pennsylvania Turnpike Commission, or preferably a Performance Bond with a surety company legally authorized to transact business in the Commonwealth and acceptable to the Pennsylvania Turnpike Commission. Where the bidder does not comply with the bid, purchase order, or contract, the proceeds of the certified check, bank cashier's check, or performance bond shall be forfeited to the Pennsylvania Turnpike Commission as liquidated damages for his failure to perform, and this sum is not to be construed in any sense as a penalty; or the Pennsylvania Turnpike Commission may, at its option, sue the bidder or his surety for the damages it has suffered for any breach of contract, in which case any security held by the Pennsylvania Turnpike Commission shall be applied as a credit in any such suit for damages.
PAYMENT BOND WILL BE REQUIRED FROM SUCCESSFUL BIDDER(S)
A Payment Bond in the amount of 100% of the bid price will be required of the successful bidder(s) for any purchase order or contract exceeding five thousand dollars ($5,000.00) for the construction, reconstruction, alteration, or repair of any building, or other improvement including highway work. Such bonds shall be executed by one or more surety companies legally authorized to transact business in the Commonwealth of Pennsylvania and acceptable to the Pennsylvania Turnpike Commission.
D. CONTRACTING OFFICER The Contracting Officer for this bid and for any Purchase Orders issued as a result of this bid is the
Director of Procurement & Logistics.
II. BID RESPONSE A. QUESTIONS All questions regarding this Request for Quotation must be submitted in writing to the email address of the Buyer
provided in the bid document. Questions received within 48 hours prior to the bid due date and time will be answered at the discretion of the Commission. All questions received will be answered in writing and/or formally issued as an addendum at the discretion of the Buyer. The Buyer shall not be bound by any verbal information that is not either contained within the Request for Quotation or formally issued as an addendum. The Commission does not consider questions to be a protest of the
specifications or of the solicitation.
B. APPROVED EQUAL Wherever in these proposal forms and specifications an article or material is defined by using a trade name or the name and catalog number of a manufacturer or vendor, the term "OR APPROVED EQUAL", if not inserted therewith, shall be implied. It is understood that any reference to a particular manufacturer's product, either by trade name or by limited description, has been made solely for the purpose of more clearly indicating the minimum standard of quality desired. The term "OR APPROVED EQUAL" is defined as meaning any other make equal in material, workmanship, and service, and as efficient and economical in operation. An article meeting these conditions may be accepted, unless specifically noted other wise in the bid document.
C. PRICES The bid submitted by the successful Bidder will be incorporated into any resulting Contract and the Bidder will be required to provide the awarded item(s) at the prices quoted in its Bid. 1. Delivery fuel surcharges are not permissible. 2. Contractor will be responsible for all tolls required for delivery or performance of service 3. Item pricing shall not change during the first twelve (12) months after the effective date of this Contract. After
twelve (12) months, price change requests may be submitted in writing forty-five (45) days prior to the expiration of the anniversary date of the Contract. All requests must be accompanied by appropriately documented market justification. Any price changes must be approved by the Commission in writing in order to be effective.
4. SPECIAL REQUEST PRICE ADJUSTMENTS prior to the 45 day contract expiration date must be made in writing addressed to the Buyer. This request must include vendor business case to support requested price adjustment. The Buyer may require additional support documentation as part of the evaluation process.
D. EXCEPTIONS 1. When entering a bid for items from a manufacturer other than the referenced manufacturer shown for each item,
the Bidder must show for each item the stock/part number and manufacturer of the item you propose to furnish in the space provided. Illustrated bulletin or specification of alternate units proposed to be furnished must accompany your bid. Failure to do so will be deemed sufficient reason for rejection of your bid.
2. The bidder shall list on a separate sheet of paper any variations from, or exceptions to, the conditions and specifications of this bid. This sheet shall be labeled “EXCEPTIONS TO BID CONDITIONS AND SPECIFICATIONS” and shall be attached to the bid.
E. EXECUTION OF PROPOSAL All blank spaces in the proposal and bid shall be filled in clearly where indicated, either typed or
written in ink. Altering or changing any part of this proposal or bid will be sufficient reason for rejection. Bidders shall submit a separate unit price for each item, a total bid, a total lump sum bid covering all items in each group, and a total lump sum bid covering all items of all groups. Award will be made on separate unit price, total bid, or a total lump sum bid covering all items in each group, or a total lump sum bid for all items of all groups, whichever is to the best interest of the Pennsylvania Turnpike Commission. In case of a discrepancy, the unit price will be considered as the price bid. The extension figures are only for the information of the Commission and will not be considered as part of the bid. The bid must be signed by the owner, if the bidder is a sole proprietor; or by a general partner, if the bidder is a partnership. If the bidder is a corporation, the bid must be signed by the president or vice-president, and attested by the secretary or treasurer or assistant secretary or treasurer. A corporate bidder may, in the alternative, execute a bid other than by the formality set forth above, by signing such bid by an officer, employee or agent having express authority by reason of a power of attorney identifying that officer or agent by name and title; a copy of the power of attorney (signed by the president or vice-president, attesting to the corporate minutes setting forth the resolution of authority and certified by the secretary or treasurer or assistant secretary or treasurer) shall be attached to each such bid.
F. MODIFICATION OR WITHDRAWAL OF BID PRIOR TO OPENING Each bidder who submits his bid specifically waives any right
to withdraw it except as hereinafter provided. Bidders will be given permission to withdraw any bid after it has been deposited with the Commission, provided the bidder makes his request by telephone or in writing to the Manager of Strategic Sourcing and Asset Management. Withdrawal by telephone or in writing must be made not later than twenty-four (24) hours before the time fixed for the bid opening. Requests pertaining to withdrawal by telephone must be confirmed in writing by the bidder and must reach the Manager of Strategic Sourcing and Asset Management, Pennsylvania Turnpike Commission, not later than one (1) hour prior to the time fixed for the opening of bids.
G. FURNISHING OF SAMPLES Samples, if required, must be furnished at the expense of the bidder and will become the property
of the Pennsylvania Turnpike Commission.
H. ELECTRONIC VERSIONS OF THE REQUEST FOR QUOTATION If the RFQ is being made available by electronic means, and the
Bidder electronically accepts the RFQ, the Bidder acknowledges and accepts full responsibility to insure that no changes are made to the RFQ. In the event of a conflict between a version of the RFQ in the Bidder’s possession and the Commission’s version of the RFQ, the Commission’s version shall govern.
I. BID RESULTS
1. Request for bid summary information for this RFQ will be given only when accompanied by stamped self-addressed envelope. No telephone or email inquiries honored.
2. Request for previous bid results or any other details of previous purchases or contracts is considered a request for public records under the Right-to-Know Law (RTKL), Act 3 of 2008 and shall comply with the Commission’s policies, process and procedures for requesting such records. RTKL requests may be submitted online at www.paturnpike.com.
J. CAUSE FOR REMOVAL FROM BID LIST Any vendor not responding two (2) consecutive times or any vendor who does not
receive an award for a period of five (5) years shall be purged from the mailing list, unless specifically noted otherwise in the bid document. A "NO BID" is considered a reply.
K. NON-WAIVER OF ADDITIONAL RIGHTS The enumeration in these Conditions and Instructions of certain rights and remedies
in the Commission shall not be construed to preclude the exercise by the Commission of other and additional rights and remedies which are available generally at law or which may be implied from the foregoing.
III. SELECTION CRITERIA A. ACCEPTANCE OR REJECTION OF BID; CONFORMITY TO SPECIFICATION; ELIGIBILITY FOR AWARD
1. The Pennsylvania Turnpike Commission reserves the right to reject any and all bids, to waive technical defects, and to accept or reject any part of any bid if, in its judgment, the best interests of the Pennsylvania Turnpike Commission are thereby served.
2. The Commission may reject all bids not meeting specifications. 3. No award will be made to any bidder who, in the opinion of the Manager of Strategic Sourcing and Asset Management of
the Pennsylvania Turnpike Commission, is in default of any bid, purchase order, or contract with the Pennsylvania Turnpike Commission, prior to the date of the bid under consideration.
B. MANDATORY RESPONSIVENESS REQUIREMENTS To be eligible for selection, a bid must be:
1. Timely received from a Bidder; 2. Properly signed by the Bidder.
C. EVALUATION & AWARD It is the intention of the PA Turnpike Commission to award contract(s) in a manner most beneficial to
the Commission. Unless otherwise specified by the Commission in the RFQ form the Commission reserves the right to award by item or on a total Bid basis, whichever is deemed more advantageous to the Commission. In cases of discrepancies in prices, the unit price will be binding unless the unit price is obviously in error and the extended price is obviously correct, in which case the erroneous unit price will be corrected. As a condition for receipt of award of a contract/purchase order, the Bidder must be registered in the Commission Vendor Master file. In order to register, bidders must visit www.paturnpike.com and complete the Vendor Registration. Unless specifically noted as a bid requirement, time, terms of delivery, and cash discounts offered by any bidder shall not be considered in making an award. However, if cash discounts are offered by any bidder, the Pennsylvania Turnpike Commission reserves the right to take advantage of such offer.
D. TIE BIDS In the event of tie bids, time, terms of delivery and terms of payment shall be considered as factors by the
Commission in making an award. All tie bids will be broken by the Commission.
E. PROMPT PAYMENT DISCOUNTS Prompt payment discounts will not be considered in making an award. If prompt payment discounts are offered by any Bidder, however, the Commission will take advantage of such offer.
F. OPTION FOR SEPARATE COMPETITIVE BIDDING PROCEDURE The Commission reserves the right to purchase products or
services covered under this Contract through a separate competitive bidding procedure, whenever Commission deems it in the best interest of the Commission. The right will generally be exercised only when a specific need for a large quantity of the product or service exists or when the price offered is significantly lower than the Contract price.
IV. CONTRACT TERMS and CONDITIONS A. EXTENSION OF CONTRACT TERM The Commission reserves the right, upon notice to the Contractor, to extend any single term
of the Contract for up to three (3) months upon the same terms and conditions.
B. PURCHASE ORDERS The Commission 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. Each Purchase Order will be deemed to incorporate the terms and conditions set forth in the Contract.
C. ELECTRONIC DOCUMENTS Purchase Orders will not include an "ink" signature by the Agency. The electronically-printed name
of the Buyer represents the signature of that individual who has the authority, on behalf of the Commission, to authorize the Contractor to proceed. 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. 1. No handwritten signature shall be required in order for the Contract or Purchase Order to be legally enforceable. 2. The parties agree that no writing shall be required in order to make the order legally binding. The parties hereby agree not
to contest the validity or enforceability of a 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 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 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.
3. 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.
D. INDEPENDENT PRIME CONTRACTOR In performing its obligations under the Contract, the Contractor will act as an
independent contractor and not as an employee or agent of the Commission. The Contractor will be responsible for all services in this Contract whether or not Contractor provides them directly. Further, the Contractor is the sole point of contact with regard to all contractual matters, including payment of any and all charges resulting from the Contract.
E. SUPPLIES DELIVERY Vendor must show, upon delivery, a packing slip with the complete Purchase Order reference
number. 1. 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 Commission. Such loss, injury, or destruction shall not release the Contractor from any contractual obligations. Except as otherwise provided in this contract, all item(s) must be delivered within the time period specified. Time is of the essence and, in addition to any other remedies, the Contract is subject to termination for failure to deliver as specified.
2. Unless otherwise stated in this Contract, delivery must be made within ten (10) days after the Effective Date. 3. Deliveries to be made Monday through Friday, between the hours of 7:30 AM and 2:30 PM (excluding holidays)
unless other prior arrangements are approved by the Strategic Sourcing Department.
F. ADDITION/DELETION OF PRODUCTS The Vendor is responsible for notifying the Commission of all new and discontinued products in a timely manner. Additional line items may be added to the contract(s) through mutual agreement of the contractor and the Commission. Fair and accepted pricing will be comparable to similar items or the appropriate based line items. At no time is the Vendor allowed to unilaterally change products or pricing.
G. 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 Commission and that the Commission in accepting any bid or portion thereof, contracts only and agrees to purchase only the materials and services in such quantities as represent the actual requirements of the Commission. The Commission reserves the right to purchase materials and services covered under the Contract through a separate competitive procurement procedure, whenever Commission deems it to be in its best interest.
H. CHANGES The Commission 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 services within the scope of the Contract; 3) to notify the Contractor that the Commission is exercising any Contract renewal or extension option; or 4) 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 the Contracting Officer by notifying the Contractor in writing. The change shall be effective as of the date of the change, unless the notification of change specifies a later effective date. Such increases, decreases, changes, or modifications 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 service in accordance with the change order. Any dispute by the Contractor in regard to the performance required by any notification of change shall be handled through Contract Controversies Provision.
I. WARRANTY The Contractor warrants that all items furnished and all services performed by the Contractor, its agents and subcontractors shall be free and clear of any defects in workmanship or materials. Unless otherwise stated in the Contract, all items are warranted for a period of one year following delivery by the Contractor and acceptance by the Commission. The Contractor shall repair, replace or otherwise correct any problem with the delivered item. When an item is replaced, it shall be replaced with an item of equivalent or superior quality without any additional cost to the Commission.
J. INSPECTION & REJECTION No item(s) received by the Commission shall be deemed accepted until the Commission 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 specification may be rejected upon initial inspection or at any later time if the defects contained in the item(s) were not reasonably ascertainable upon the initial inspection. It shall thereupon become the duty of the Vendor to remove rejected item(s) from the premises without expense to the Commission within fifteen (15) days after notification. Upon notice of rejection, the Vendor shall immediately replace all such rejected item(s) with others conforming to the specifications and which are not defective.
K. COMPENSATION The Contractor shall be required to furnish the awarded item(s) at the price(s) quoted in the Purchase Order.
All item(s) shall be delivered within the time period(s) specified in the Purchase Order. The Contractor shall be compensated only for item(s) that are delivered and accepted by the Commission.
L. BILLING REQUIREMENTS Unless the Contractor has been authorized by the Commission for Evaluated Receipt Settlement or
Vendor Self-Invoicing , the Contractor shall include in all of its invoices the following minimum information: - Vendor name and "Remit to" address, including SAP Vendor number; - Bank routing information, if ACH; - SAP Purchase Order number; - Delivery Address, including name of Commission location; - Description of the supplies/services delivered in accordance with SAP Purchase Order (include purchase order line number if possible); - Quantity provided; - Unit price; - Price extension; - Total price; and - Delivery date of supplies or services. If an invoice does not contain the minimum information set forth in this paragraph, the Commission may return the invoice as improper. If the Commission returns an invoice as improper, the time for processing a payment will be suspended until the Commission receives a correct invoice. The Contractor may not receive payment until the Commission has received a correct invoice. Contractors are required to establish separate billing accounts with each using agency and invoice them directly. Each invoice shall be itemized with adequate detail and match the line item on the Purchase Order. In no instance shall any payment be made for services to the Contractor that are not in accordance with the prices on the Purchase Order, the Contract, updated price lists or any discounts negotiated by the purchasing agency.
M. TAXES The Commission 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. 23-730309-K. (EIN: 23-6003240). It is the bidder's responsibility to contact the Pennsylvania Department of Revenue or the Internal Revenue Service to determine the applicability of taxes. Generally though, direct sales to the Commission (an instrumentality of the Commonwealth of Pennsylvania) of tangible personal property that will not become a permanent part of real estate are
exempt from Pennsylvania sales tax. Any other applicable tax may not be stated as a separate line item in the bid. Relevant exemption numbers and certificates are available by email request to [email protected].
N. UNDERTAKING BY BIDDER In submitting the foregoing bid, the bidder certifies that: 1. The bidder shall be responsible for all damage to life and property due to negligence or other tortious acts, errors, and
omissions arising from or related to the work of this Agreement. The bidder shall indemnify and hold harmless the Commission, and their agents and employees from and against all liability, claims, damage, losses, and expenses arising from or related to the work of the bidder or that of the bidder's employees or subcontractors. This indemnification provision shall survive the termination of this contract.
2. The prices in this bid are neither directly nor indirectly the result of any agreement with any other bidder. 3. To the best of the knowledge of the person signing the proposal for the Bidder and except as otherwise disclosed by the
Bidder in its proposal, the Bidder has no outstanding, delinquent obligations to the Commission including, but not limited to, any state tax liability not being contested on appeal or other obligation of the Bidder that is owed to the Commission.
4. The Bidder is not currently under suspension or debarment by the Commission, or any other state, or the federal government, and if the Bidder cannot certify, then it shall submit along with the proposal a written explanation of why such certification cannot be made.
5. Each Bidder, by submitting its proposal, authorizes all Commission agencies to release to the Commission information related to liabilities to the Commission including, but not limited to, taxes, unemployment compensation, and workers’ compensation liabilities.
O. TERMINATION PROVISIONS The Commission has the right to terminate this Contract or any Purchase Order for any of the
following reasons. Termination shall be effective upon written notice to the Contractor. 1. TERMINATION FOR CONVENIENCE: The Commission shall have the right to terminate the Contract or a Purchase Order
for its convenience if the Commission 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.
2. NON-APPROPRIATION: The Commission's obligation to make payments during any Commission 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 Commission shall have the right to terminate the Contract or a 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. Such reimbursement shall not include loss of profit, loss of use of money, or administrative or overhead costs. The reimbursement amount may be paid for any appropriations available for that purpose
3. TERMINATION FOR CAUSE: The Commission shall have the right to terminate the Contract or a Purchase Order for Contractor default under Default Clause upon written notice to the Contractor. The Commission 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 the Contract or by law. If it is later determined that the Commission erred in terminating the Contract or a Purchase Order for cause, then, at the Commission's discretion, the Contract or Purchase Order shall be deemed to have been terminated for convenience under the Subparagraph 1.
P. NON-DISCRIMINATION CLAUSE The Pennsylvania Turnpike Commission's Non-Discrimination Clause shall be considered a part of this proposal. Copies of the Non-Discrimination Clause can be obtained by contacting the [email protected].
DIVERSE BUSINESS (DB) PARTICIPATION General Provision. The Diverse Business (DB) Requirements of Section 303 of Title 74 of the Pennsylvania Consolidated Statutes, 74 Pa.C.S. §303 do not apply to this Contract. A DB is a disadvantaged business, minority-owned or women-owned business or service-disabled veteran-owned or veteran-owned small business that has been certified by a third-party certifying organization, as defined in 74 Pa.C.S. §303. However, the Commission is committed to participation by DBs in the performance of this contract. Bidders are encouraged to utilize and give consideration to DBs in the performance of the contract work. Bidders shall not discriminate on the basis of gender, race, creed or color in the award and performance of contracts in accordance with 62 Pa.C.S. §3701. To the extent a Bidder utilizes a DB in performing the contract work or services, bidders shall document and submit to the Commission the names of the DBs, the address, contract person and the total amount of contract work that is subcontracted to the DB. The Commission’s Director of the Office of Diversity and Inclusion, or his or her designee, is designated the Responsible Official who shall supervise the DB program and ensure that the Commission complies with the DB program. Records. Maintain project records as necessary to determine use of DBs for the Contract. Maintain all records for 3 years following acceptance of final payment. Make records available for inspection by the Commission, its designees or agents. These records should indicate: 1. the number of DB subcontractors supplying or performing work and noting the type of work or supply and amounts of
each contract executed with each DB firm. 2. the amounts paid to each DB during the life of the contract. If no payments are made to a DB during the month, enter a
zero ($0) payment. 3. upon completion of the contract work, submit paid invoices or a certification attesting to the actual amount paid to each
DB. Reports. Submit reports following final payment, or as required by the Commission, of those contracts and other business executed with DBs with respect to the records referred to above in such form and manner as prescribed by the Commission. Subcontracts/Purchase Orders. Subcontracts with DB firms will not contain provisions waiving legal rights or remedies provided by laws or regulations of the Federal Government or the Commonwealth of Pennsylvania or the Commission through contract provisions or regulations. Bidder will not impose provisions on DB subcontractors that are more onerous or restrictive than the terms of the prime's contract with non-DBs. Assignability and Subcontracting Subject to the terms and conditions of this paragraph, this Contract shall be binding upon the parties and their respective successors and assigns. b. The Contractor shall not subcontract with any person or entity to perform all or any part of the work to be performed under this Contract without the prior written consent of the Contracting Officer, which consent may be withheld at the sole and absolute discretion of the Contracting Officer. c. The Contractor may not assign, in whole or in part, this Contract or its rights, duties, obligations, or responsibilities hereunder without the prior written consent of the Contracting Officer, which consent may be withheld at the sole and absolute discretion of the Contracting Officer. d. Notwithstanding the foregoing, the Contractor may, without the consent of the Contracting Officer, assign its rights to payment to be received under the Contract, provided that the Contractor provides written notice of such assignment to the Contracting Officer together with a written acknowledgement from the assignee that any such payments are subject to all of the terms and conditions of this Contract. e. For the purposes of this 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 Contracting Officer 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 Contracting Officer written notice of any such change of name. Other Contractors The Commission may undertake or award other contracts for additional or related work, and the Contractor shall fully cooperate with other contractors and Commission employees, and coordinate its work with such additional work as may be required. The Contractor shall not commit or permit any act that will interfere with the performance of work by any other contractor or by Commission employees. This paragraph shall be included in the Contracts of all contractors with which this Contractor will be required to cooperate. The Commission shall equitably enforce this paragraph as to all contractors to prevent the imposition of unreasonable burdens on any contractor.
CONTRACTOR INTEGRITY PROVISIONS It is essential that those who seek to contract with the Pennsylvania Turnpike Commission (“Commission”) observe high standards of honesty and integrity. They must conduct themselves in a manner that fosters public confidence in the integrity of the Commission contracting and procurement process.
I. DEFINITIONS. For purposes of these Contractor Integrity Provisions, the following terms shall have the meanings found in this Section:
a. “Affiliate” means two or more entities where (a) a parent entity owns more than fifty percent of the voting stock
of each of the entities; or (b) a common shareholder or group of shareholders owns more than fifty percent of the voting stock of each of the entities; or (c) the entities have a common proprietor or general partner.
b. “Consent” means written permission signed by a duly authorized officer or employee of the Commission, provided
that where the material facts have been disclosed, in writing, by prequalification, bid, proposal, or contractual terms, the Commission shall be deemed to have consented by virtue of the execution of this contract.
c. “Contractor” means the individual or entity, that has entered into this contract with the Commission, and
“Contractor Related Parties” means any affiliates of the Contractor and the Contractor’s executive officers, Pennsylvania officers and directors, or owners of 5% or more interest in the Contractor
d. “Financial Interest” means either:
i. Ownership of more than a five percent interest in any business; or ii. Holding a position as an officer, director, trustee, partner, employee, or holding any position of
management.
e. “Gratuity” means tendering, giving, or providing anything of monetary value including, but not limited to, cash, travel, entertainment, gifts, meals, lodging, loans, subscriptions, advances, deposits of money, services, employment, or contracts of any kind. See Commission Policy 3.10, Code of Conduct.
f. “Non-bid Basis” means a contract awarded or executed by the Commission with Contractor without seeking bids
or proposals from any other potential bidder or offeror.
II. In furtherance of this policy, Contractor agrees to the following: 1. Contractor shall maintain the highest standards of honesty and integrity during the performance of this contract and shall take no action in violation of state or federal laws or regulations or any other applicable laws or regulations, or other requirements applicable to Contractor or that govern contracting or procurement with the Commission. 2. Contractor shall establish and implement a written business integrity policy, which includes, at a minimum, the requirements of these provisions as they relate to Contractor activity with the Commission and Commission employees and which is made known to all Contractor employees. Posting these Contractor Integrity Provisions conspicuously in easily-accessible and well-lighted places customarily frequented by employees and at or near where the contract services are performed shall satisfy this requirement. 3. Contractor, its affiliates, agents, employees and anyone in privity with Contractor shall not accept, agree to give, offer, confer, or agree to confer or promise to confer, directly or indirectly, any gratuity or pecuniary benefit to any person, or to influence or attempt to influence any person in violation of the Public Official and Employees Ethics Act, 65 Pa.C.S. §§1101 et seq.; the State Adverse Interest Act, 71 P.S. §776.1 et seq.; Commission Policy 3.10, Code of Conduct or in violation of any other federal or state law in connection with performance of work under this contract, except as provided in this contract. 4. Contractor shall not have a financial interest in any other contractor, subcontractor, or supplier providing services, labor, or material under this contract, unless the financial interest is disclosed to the Commission in writing and the Commission consents to Contractor’s financial interest prior to Commission execution of the contract. Contractor shall disclose the financial interest to the Commission at the time of bid or proposal submission, or if no bids or proposals are solicited, no later than Contractor’s submission of the contract signed by Contractor. 5. Contractor certifies to the best of its knowledge and belief that within the last five (5) years Contractor or Contractor Related Entities have not:
a. been indicted or convicted of a crime involving moral turpitude or business honesty or integrity in any jurisdiction; b. been suspended, debarred or otherwise disqualified from entering into any contract with any governmental agency; c. had any business license or professional license suspended or revoked; d. had any sanction or finding of fact imposed as a result of a judicial or administrative proceeding related to fraud, extortion, bribery, bid rigging, embezzlement, misrepresentation or anti-trust; and e. been, and is not currently, the subject of a criminal investigation by any federal, state or local prosecuting or investigative agency and/or civil anti-trust investigation by any federal, state or local prosecuting or investigative agency. If Contractor cannot so certify to the above, then it must submit along with its bid, proposal or contract a written explanation of why such certification cannot be made and the Commission will determine whether a contract may be entered into with the Contractor. The Contractor’s obligation pursuant to this certification is ongoing from and after the effective date of the contract through the termination date thereof. Accordingly, the Contractor shall have an obligation to immediately notify the Commission in writing if at any time during the term of the contract if becomes aware of any event which would cause the Contractor’s certification or explanation to change. Contractor acknowledges that the Commission may, in its sole discretion, terminate the contract for cause if it learns that any of the certifications made herein are currently false due to intervening factual circumstances or were false or should have been known to be false when entering into the contract. 6. Contractor shall comply with the requirements of the Lobbying Disclosure Act (65 Pa.C.S. §13A01 et seq.) regardless of the method of award. If this contract was awarded on a Non-bid Basis, Contractor must also comply with the requirements of the Section 1641 of the Pennsylvania Election Code (25 P.S. §3260a). 7. When Contractor has reason to believe that any breach of ethical standards as set forth in law, Commission Policy 3.10, Code of Conduct, or these Contractor Integrity Provisions has occurred or may occur, including but not limited to contact by a Commission officer or employee which, if acted upon, would violate such ethical standards, Contractor shall immediately notify the Commission contracting officer or the Chief Compliance Officer in writing. 8. Contractor, by submission of its bid or proposal and/or execution of this contract and by the submission of any bills, invoices or requests for payment pursuant to the contract, certifies and represents that it has not violated any of these Contractor Integrity Provisions in connection with the submission of the bid or proposal, during any contract negotiations or during the term of the contract, to include any extensions thereof. Contractor shall immediately notify the Commission in writing of any actions for occurrences that would result in a violation of these Contractor Integrity Provisions. Contractor agrees to reimburse the Commission for the reasonable costs of investigation incurred by the Chief Compliance Officer for investigations of the Contractor’s compliance with the terms of this or any other agreement between the Contractor and the Commission that results in the suspension or debarment of the Contractor. Contractor shall not be responsible for investigative costs for investigations that do not result in the Contractor’s suspension or debarment. 9. Contractor shall cooperate with the Chief Compliance Officer in investigating any alleged Commission agency or employee breach of ethical standards and any alleged Contractor non-compliance with these Contractor Integrity Provisions. Contractor agrees to make identified Contractor employees available for interviews at reasonable times and places. Contractor, upon the inquiry or request of the Chief Compliance Officer, shall provide, or if appropriate, make promptly available for inspection or copying, any information of any type or form deemed relevant by the Chief Compliance Officer to Contractor's integrity and compliance with these provisions. Such information may include, but shall not be limited to, Contractor's business or financial records, documents or files of any type or form that refer to or concern this contract. Contractor shall incorporate this paragraph in any agreement, contract or subcontract it enters into in the course of the performance of this contract/agreement solely for the purpose of obtaining subcontractor compliance with this provision. The incorporation of this provision in a subcontract shall not create privity of contract between the Commission and any such subcontractor, and no third party beneficiaries shall be created thereby. 10. For violation of any of these Contractor Integrity Provisions, the Commission may terminate this and any other contract with Contractor, claim liquidated damages in an amount equal to the value of anything received in breach of these Provisions, claim damages for all additional costs and expenses incurred in obtaining another contractor to complete performance under this contract, and debar and suspend Contractor from doing business with the Commonwealth. These rights and remedies are cumulative, and the use or non-use of any one shall not preclude the use of all or any other. These rights and remedies are in addition to those the Commission may have under law, statute, regulation, or otherwise.
QUOTATION DELIVERY INSTRUCTIONS: (DO NOT DISCARD) QUOTATION ENCLOSED (Check One) BID □ NO-BID □ Bid # 853046-2017 Due Date 5/30/2017
2:00 PM PENNSYLVANIA TURNPIKE COMMISSION STRATEGIC SOURCING DEPARTMENT P.O. BOX 67676 HARRISBURG, PA 17106-7676
• All bid quotations must be returned in a sealed envelope addressed exactly as shown above. The label may be cut out and affixed firmly to the response envelope. Failure to address envelope properly and include bid number and due date on face of envelope will be deemed sufficient reason for rejection of quotation.
• For Overnight or Express Delivery of bid documents, quotation must be sealed in a separate envelope addressed exactly as shown above. The sealed quotation may then be sent to: Pennsylvania Turnpike Commission 700 South Eisenhower Boulevard Middletown, PA 17057
• Please note that use of U.S. Mail, FedEx, UPS, or other delivery method does not guarantee delivery to the Strategic Sourcing Department of the PA Turnpike Commission located 700 South Eisenhower Boulevard, Middletown, PA by the announced bid opening time. All bidders should allow sufficient delivery time to ensure timely receipt of their bids.
