CUE PURCHASING ASSOCIATION

INVITATION TO BID

REPLACEMENT BALLASTS and MINIATURE LAMPS

SEALED BIDS SUBJECT TO THE TERMS AND CONDITIONS SET FORTH HEREIN FOR THE PURCHASE OF SUPPLIES LISTED IN THIS INVITATION WILL BE RECEIVED UNTIL THE TIME, DATE, AND THE PLACE INDICATED BELOW, AND THEN PUBLICLY OPENED.

TIME OF OPENING: 12:00 P.M., NOON

DATE OF OPENING: July 12, 2006

PLACE OF OPENING: THE UNIVERSITY OF AKRON

ROOM 209

100 LINCOLN STREET

AKRON, OH 44325-9001

CUE SAFETY PRODUCTS SPECIFICATIONS

TABLE OF CONTENTS

GENERAL TERMS & CONDITIONS 2

MEMBERSHIP 2

REQUESTED AFFIDAVITS 2

GENERAL INFORMATION 2

ACCEPTANCE AND REJECTION OF BID PROPOSALS 2

AWARD 3

ALTERNATES OR EXCEPTIONS 3

TERM OF CONTRACT AND PRICING 3

PURCHASE ORDERS AND INVOICES 4

ASSIGNMENT OF CONTRACTUAL RIGHTS 4

DISQUALIFICATION OF BIDDERS 4

DISCOUNTS 4

DELIVERY POINT 5

DELIVERY SCHEDULE 5

FEDERAL, STATE AND LOCAL LAWS 5

PROTESTS 5

CANCELLATION CLAUSE 5

QUALITY 5

SPECIFICATIONS AND PRODUCT TESTING 6

CATALOG OFFERINGS 6

FORM OF PROPOSAL 8

CUE Replacement Ballasts and Miniature Lamps Proposal 2006

Proposals are due before 12:00 p.m., noon, July 12, 2006, 100 Lincoln St., Akron, OH 44325-9001

Section 2 Page #3

COMMUNITY, UNIVERSITY, AND EDUCATIONAL

COOPERATIVE PURCHASING ASSOCIATION

GENERAL TERMS AND CONDITIONS

GENERAL TERMS & CONDITIONS

The General Terms & Conditions that apply to CUE bids (Section1) are available at the following internet address: http://www3.uakron.edu/purchasing/cue/

If you are unable to access the internet a paper copy will be supplied upon request by contacting the CUE Contract Administrator, Andy Roth (330-972-7340).

MEMBERSHIP

See list at http://www3.uakron.edu/purchasing/cue/

REQUESTED AFFIDAVITS

Affidavits requested with bid submission are available at: http:www3.uakron.edu/purchasing/cue

GENERAL INFORMATION

All bid proposals submitted to the Community, University, and Educational Cooperative Purchasing Association (hereinafter referred to as CUE) must be received by the CUE Contract Administrator at the location specified prior to the due date and time. It is the bidder’s responsibility to submit their bid proposal at the specified location within the time frame listed. Late bid proposals will not be considered. All bid proposals are to be sealed and marked: "CUE REPLACEMENT BALLASTS AND MINIATURE LAMPS BID ENCLOSED."

CUE currently maintains a membership of approximately 90 entities located in four counties, Medina, Portage, Stark and Summit. CUE recognizes the individual needs and preferences of its membership and the fact that various manufacturers of ballasts and miniature lamps have high quality products. Therefore, it is CUE’s goal to offer a contract to its members that provides the broadest array of products at the best possible price thus making the contract the most cost effective and efficient method for members to procure Replacement Ballasts and Miniature Lamps. You may offer discounts from list price for any manufacturer.

ACCEPTANCE AND REJECTION OF BID PROPOSALS

CUE reserves the right to accept or reject any or all proposals or any parts of any proposal, to waive any informalities in bidding, and to hold all bids for a period of at least 90 days before acceptance.

AWARD

Awards will be made to the lowest responsible and responsive bidder(s). The determination of the lowest responsive and responsible bidder(s) may involve all or some of the following factors: price, conformity to the specifications, financial condition, previous performance and references, experience, delivery promise, payment terms, location, other costs, and other objective and accountable factors, which are reasonable.

CUE further reserves the right to award the bid based upon low bidder of a single item or group of items, whichever is determined to be in the best interest of the CUE membership as a whole. The CUE will grant a single award, a dual award or a multiple award where it feels the interests of the membership are best served.

Additionally, will you provide that other public agencies may purchase products and services on the same terms, conditions and pricing as the CUE, subject to any applicable local purchasing ordinances and the laws of the state of purchase? If yes, such purchases would be subject to a .5% surcharge payable to the CUE annually. Please describe how such purchases would be accurately tracked and reported.

______Yes, prices and terms will be extended.

______No, prices and terms will not be extended.

ALTERNATES OR EXCEPTIONS

Any bidder wishing to submit pricing on a product or service that is not requested in the bid specifications, may do so, however, any proposal submitted must be on products or services with specifications that meet or exceed those of the products specified. CUE reserves the right to be the final judge as to the acceptance of any alternate or exception submitted. It is the vendor’s responsibility to submit literature to prove that an alternate does in fact meet or exceed the specifications listed. Any alternate submitted must be clearly marked in the proposal.

TERM OF CONTRACT AND PRICING

The term of any resultant agreement shall commence on the day following award decision and terminate one year later. CUE reserves the right to extend any award made as a result of this offering one year at a time, subject to the approval of the CUE Membership. Discounts will remain unchanged throughout the contract period. The supplier may elect not to renew the agreement by notifying the CUE 60 days prior to the end of the contract. Price increases may be passed on but are restricted exclusively to a manufacturer’s price increase. No increase in supplier margins will be permitted. Further, it is the responsibility of the supplier to provide documentation from the manufacturer illustrating any increase in price.

PURCHASE ORDERS AND INVOICES

Individual CUE members will initiate purchase orders. All such purchase orders should clearly indicate “CUE AGREEMENT.” Each member shall be invoiced separately for his or her individual purchases. All invoices must show the number of units delivered, net price per unit, and the extended total. Vendors may be requested to provide proof of delivery on specific occasions and should see that a responsible person at the designated delivery point signs all receiving tickets. It is also the responsibility of the vendor to collect any payments due from individual CUE members. CUE is not responsible or liable for any debts incurred by individual members. Many CUE members are tax exempt. Do not include tax in any price offered. Some members may need further division of their invoices or statements to show individual cost centers and/or departmental charge codes. If this cannot be accomplished through your program, please explain.

ASSIGNMENT OF CONTRACTUAL RIGHTS

The successful vendor on any CUE contract may not assign, transfer, convey or otherwise dispose of the contract or its right, title or interest in or to the same, or any part thereof, without the previous written consent of the CUE.

DISQUALIFICATION OF BIDDERS

Bidders may be disqualified and rejection of proposals may be recommended for any of (but not limited to) the following causes:

1. Failure to use the proposal form furnished.

2. Lack of signature by an authorized representative on the proposal form.

3. Failure to properly complete the proposal.

4. Evidence of collusion among bidders.

5. Proposals submitted after the due date and time.

DISCOUNTS

Discounts for prompt payment offered may be taken into consideration during the bid evaluation process. Terms of payment offered will be reflected in the space provided on the form of proposal. All terms of payment (cash discounts) will be computed from the date of receipt of a valid invoice or receipt of material, whichever, is later. Payment discounts of less than 10 days will not be considered.

DELIVERY POINT

All items shall be delivered F.O.B. Destination, Freight Allowed to the locations of the individual CUE members and delivery costs and charges (if any) will be included in the bid price. Failure to do so may be cause for rejection of the bid.

DELIVERY SCHEDULE

All orders must be delivered within 14 days of the date that the vendor receives the written order. If the delivery is not received, the purchaser (CUE member) has the right to cancel the order without penalty. Any deviation is by mutual agreement of the CUE member and vendor solely.

FEDERAL, STATE AND LOCAL LAWS

All bidders will comply with all Federal, State, and Local laws including but not limited to:

·  Equal Employment Opportunity

·  OSHA - MSDS

·  Right-To-Know ordinances.

PROTESTS

Any actual or potential bidder, provider, or contractor who is allegedly aggrieved in connection with the solicitation or award of a contract may protest. The protest must be submitted in writing to the CUE Contract Administrator, within seven (7) days after such aggrieved person knows or should have known of the facts giving rise thereto. If the protest is not resolved by mutual agreement, the CUE Contract Administrator will promptly issue a decision in writing to the protestant and any other party intervening. If the protestant wishes to appeal the decision rendered by the CUE Contract Administrator, such appeal must be made to the CUE Steering Committee, though the CUE Contract Administrator. The decision of the Steering Committee will be final. The Steering Committee need not consider protests unless this procedure is followed.

CANCELLATION CLAUSE

Any agreement entered into as a result of this proposal is subject to cancellation with or without cause by giving the other party a 90-day written notice of intent to cancel.

SPECIFICATIONS AND PRODUCT TESTING

The trade names of products in the specifications indicate a standard of quality and it is not the intent of the group to limit bidding to trade names listed in the specifications. Any vendor submitting a bid on a product not specified shall be responsible, at his or her own expense, to arrange for a test by CUE and to demonstrate that the product is an approved equal to the trade brands specified herein. If a product has not been field tested or previously approved as acceptable, the bid on that item may not be accepted or acceptance may be delayed until adequate testing can be completed. The CUE will grant a single award, a dual award or a multiple award where it feels the interests of the membership are best served.

CATALOG OFFERINGS

CUE recognizes the individual needs and preferences of its membership. Therefore, it is CUE’s goal to offer a Replacement Ballasts and Miniature Lamps Contract to its members that will provide a broad array of products at the best possible price thus making the contract the most cost effective and efficient method for members to procure Replacement Ballasts and Miniature Lamps. CUE invites each supplier responding to this RFP to submit a proposal describing a program for the purchase of all electrical related items offered through your company but not addressed within this proposal.

CUE reserves the right to award all items to one or multiple companies.

CUE Replacement Ballasts and Miniature Lamps Proposal 2006

Proposals are due before 12:00 p.m., noon, July 12, 2006, 100 Lincoln St., Akron, OH 44325-9001

Form of Proposal Page #7

FORM OF PROPOSAL

NOTE: PROPOSALS MUST BE SUBMITTED ON THE SUPPLIED FORM OF PROPOSAL. EACH PROPOSAL MUST BE SIGNED BY A COMPANY OFFICIAL AUTHORIZED TO COMIT THE COMPANY CONTRACTUALLY. ALL ALTERNATE PROPOSALS OR EXCEPTIONS TO THE SPECIFICATIONS SHOULD BE ON A SEPARATE PAGE, CLEARLY IDENTIFIED AS SUCH.

______

COMPANY NAME

______

AUTHORIZED COMPANY OFFICIAL SIGNATURE

______

DATE

______

ADDRESS

______

PHONE NUMBER

______

FAX NUMBER

______

PAYMENT TERMS

Item / Manufacturer / Catalog Number & Date / Price List Catalog Number & Date (Please also provide this on a CD, DVD, diskette or via email in Excel format) / Percentage Discount from List / Multiplier to apply to List Price
Ballasts
Miniature Lamps
Excluded Ballasts
Excluded Miniature Lamps

Add more rows if needed or if there are any exceptions.
OTHER ITEMS AND SERVICES NOT PREVIOUSLY LISTED (AS DISCUSSED IN CATALOG OFFERINGS SECTION)

Category / Manufacturer / Manufacturer's Price List # / Manufacturer's Price List Date / Discount off Manufacturer's Price List