SOU: AMX Equipment for SOU - RCC/ITB #2008-13

REQUEST FOR QUOTATION

Southern OregonUniversity

Business Services

1250 Siskiyou Boulevard

Ashland, OR97520-5036

Fax (541)552-6573

Email:

This is a request for a quotation and not an order. If your bid is the accepted bid we will submit a purchase order under separate cover. The right is reserved to accept or reject all or part of your offer and to reject any bid not in compliance with all prescribed public bidding procedures and requirements, and to reject for good cause any or all bids upon finding by the institution it is in the public interest to do so. Please submit your prices on Attachment A for the items. Awards will be made by entire bid. The Standard Terms and Conditions for Contract for Purchase of Goods (copy enclosed) apply to all goods purchases. SOU’s consideration of bidder’s bid is contingent upon bidder’s acceptance of all SOU Standard Terms and Conditions for the Purchase of Goods attached to this solicitation. In the event of a conflict between SOU’s Standard Terms and Conditions and any additional Terms and Conditions proposed in bidder’s response to this solicitation, a condition of the parties’ entering into a contract will be that SOU’s Standard Terms and Conditions will prevail over any conflicting provisions proposed in bidder’s bid.

In compliance with OAR 437-155 we must receive a material safety data sheet for all orders of hazardous material before payment can be processed.

Please show catalog references, trade names, or other description, including answers to questions as required, on the items you propose to furnish, if the items are bid as comparable or equal to those specified. Return Request for Quotation with unit and total prices on each item.

Your bid, sealed in an envelope indicating the bid number, opening date and time, must be received by Business Services no later than the time specified, at which time bids will be publicly announced and read aloud. If unable to quote on above, please return as “No Bid” and indicate whether you are interested in remaining on bid list.

Equipment supplied shall comply with all Federal (OSHA) and State of Oregon Electrical Safety Code requirements, and be listed under a State of Oregon recognized testing agency (UL, CSA,ETL). Hospital patient care equipment shall further comply with Oregon Association of Hospital standards for medical devices.

Unless exempted by the Rules and Regulations or orders of the Secretary of Labor issued pursuant to Section 2304 or Executive Order 11246 of September 24, 1995, the nondiscrimination clause contained in Section 202, Executive Order 11246, as amended by Executive Order 11375, relative to Equal Employment Opportunity for all persons without regard to race, color, religion, sex, or national origin, and the implementing rules and regulations prescribed by the Secretary of Labor are incorporated herein.

Workers’ Compensation Contractor and its subcontractors, if any, and all employers working under this Contract are subject employers under the Oregon Workers’ Compensation Law and shall comply with ORS 656.017, which requires them to provide workers’ compensation coverage for all their subject workers. Contractor shall require proof of such workers’ compensation by receiving and keeping on file a certificate of insurance from each subcontractor or anyone else directly employed by either Contractor or subcontractor.

We certify under penalty of perjury that, to the best of our knowledge, we are not in violation of any Oregon tax laws, as listed in ORS 305.380(40).

FIRM NAMEADDRESSCITYSTATEZIP

VENDOR SIGNATUREDATEPHONE NUMBERFEDERAL TAX ID#

Email Address

FAX OR ELECTRONICALLY TRANSMITTED BIDS ACCEPTED IF CONFIRMED IN WRITING

Invitation to Bid #2008-13

Specifications

INSTRUCTIONS TO BIDDERS:

1.Bids will be received no later than 3:00 PM on March 13, 2008. Sealed bids will be opened at that timeand awarded as soon as possible.

2.All sales are subject to the OUS/SOU’s Standard Terms and Conditions (included).

3.Items that the Vendor has in stock must be shipped within one (1) week of receipt of the Purchase Order.

4.Items that are directly shipped from the manufacturer or from distributors must be ordered for immediate shipment by the vendor within three (3) days of receipt of the Purchase Order.

5.An SOU employee will need to receive items delivered at RCC, so when possible, the vendor shall email tracking information, including estimated delivery date and time, to the designated person at SOU as it becomes available.

6.Some items will be shipped to Southern Oregon University:

Attn: Preston Moser

480 University Way, CS Dock

Ashland, OR97520

7.Some items will be shipped to RogueCommunity College, Table Rock Campus:

R. C. C. – Table Rock Campus

Attn: MHEC – Preston Moser

7800 Pacific Ave

White City, OR97503

8.50% of Billing is to be billed to Southern Oregon University:

Attn: Gail Michael

1250 Siskiyou Blvd

Ashland, OR97520

9.50% of Billing is to be billed to RogueCommunity College:

RogueCommunity College

Attn: Teresa Schawo

3345 Redwood Highway

Grants Pass, OR97527

10.Signed and sealed bids must be submitted to the following address:

SOU

Attn: Gail Michael, Purchasing

1250 Siskiyou Blvd

Ashland, OR97520

11. SOU’s Standard Instructions to Bidders are attached, (Attachment B).

--Attachment A --

No Substitutions Allowed

Only complete Bids will be accepted.

--Attachment B--

SOU STANDARD INSTRUCTIONS TO BIDDERS

QUESTIONS AND REQUEST FOR CLARIFICATION/CHANGE: All clarifications or requests for change regarding technical information, procedural or contractual requirements or other issues, must be submitted, in writing, no later than five (5) calendar days prior to Bid Closing Date to the name and address listed below in “Submittal Location.” No information obtained in any conversation with any SOU personnel will serve to change the requirements and/or scope of the ITB.

SOU reserves the right to reject bids that raise any objections to the SOU Standard Terms and Conditions for the Purchase of Goods.

SOU will consider all requested changes and, if appropriate, amend the ITB.

Envelopes containing requests for change or protest of the specifications shall be marked with the following information:

Solicitation Specification Request for Change and Solicitation Document Number.

SUBMITTAL LOCATION: Requests submitted to other than the person listed as the Contact Person may not be considered. Requests for change may be submitted via facsimile.

CHANGE OR MODIFICATION/ADDENDA: Any change or modification to the specifications or the procurement process will be in the form of an addendum to the ITB and will be made available to bidders. Only documents issued as addenda by the SOU Business Services office serve to change the ITB. Note: if you have received an ITB you should consult with SOU Business Services to assure that you have not missed any addenda announcements. Bidders are not required to return addendums with their bid. However, bidders are responsible to make themselves aware of, obtain and incorporate any changes made in any addendums issued, and to incorporate any changes made by an addendum into their final bid. Failure to do so may, in effect, make the bid non-responsive, which may cause the proposer’s bid to be rejected.

BID MODIFICATION: Modifications or erasures made before bid submission should be initialed in ink by the person signing the bid. Bids, once submitted, may be modified in writing before the time and date set for bid closing. Any modifications should be prepared on company letterhead, signed by an authorized representative, and state that the new document supersedes or modifies the prior bid. Bidders may not modify bids after the Bid Closing Date.

BID WITHDRAWAL: Bids may be withdrawn in writing on company letterhead signed by an authorized representative and received by SOU Business Services prior to the Bid Closing Date. Bids may also be withdrawn in person before the Bid Closing Date upon presentation of appropriate identification.

DELINQUENT OREGON TAXES: Bidders must certify, under penalty of perjury, that they are not in violation of any Oregon tax laws. No contract for the purchase of goods or services will be awarded to a bidder who cannot so certify.

BID PREPARATION COSTS: SOU shall not be liable for any costs incurred in the preparation of bids.

BID OPENING PROCEDURE: All bids received in response to this ITB shall be opened at the scheduled time and date. Bidders who attend the opening will be informed only of the names and bidders submitting bids. No other information will be available.

INVESTIGATION OF REFERENCES: SOU Reserves the right to investigate the references and the past performance of any bidder with respect to its successful performance of similar services, compliance with specifications and contractual obligations, and its lawful payment of suppliers, sub-contractors, and workers. SOU may postpone the award or execution of the contract or issuance of a Purchase Order after the announcement of the apparent successful bidder in order to complete its investigation. SOU reserves the right to consider past performance, historical information and fact, whether gained from the bidder’s bid, references, SOU or any other source.

POST-SELECTION REVIEW: After reviewing the bids SOU will name an apparent successful bidder. Identification of the “apparent successful bidder” is procedural only and creates no right in the named bidder to award of the contract. Competing bidders shall be notified in writing of the identity of the apparent successful bidder and shall be given five (5) calendar days to review the ITB file. Any protests of the ITB process must be in writing and must be delivered to the Contact Person within five (5) calendar days after the date of the letter identifying the apparent successful bidder.

Within a reasonable time following the end of this five (5) day protest period, SOU will consider all protests received in any, and:

(a)pursuant to OAR 137-30-104(4) (1995) reject all protests and proceed with final evaluation of the apparent successful bidder and, pending the satisfactory outcome of this final evaluation, enter into a contract with the named bidder; or

(b)pursuant to OAR 137-30-104(4) (1995), sustain a meritorious protest(s) and reject the apparent successful bidder as non-responsive, if such bidder is unable to demonstrate that its bid complied with all material requirements of the solicitation and Oregon public procurement law; thereafter SOU may name a new apparent successful bidder; or

(c)pursuant to OAR 137-30-102 (1995) reject all bids and cancel the procurement.

GENV6882

Standard Terms and Conditions/State of Oregon/Southern OregonUniversity

Contract for Purchase of Goods

1. DEFINITIONS: Contract means the entire written agreement between the parties, including but not limited to this purchase order and any subsequent change notices; Contractor means a person or organization with whom the State of Oregon has contracted for the purchase of goods. The terms Contractor and Seller as used in the uniform Commercial Code (ORS Chapter 72) are synonymous; ORS means the Oregon Revised Statutes; State means the State agency making the purchase.

2. AMENDMENTS: The terms of the Contract shall not be waived, altered, modified, supplemented, or amended in any manner whatsoever without prior written approval of the State.

3. WAIVER: Failure of the State to enforce any provision of this Contract shall not constitute a waiver or relinquishment by the State of the right to such performance in the future nor of the right to enforce any other provision of this Contract.

4. ASSIGNMENT/SUBCONTRACT: Contractor shall not assign, sell, transfer, subcontract, or sublet rights or delegate responsibilities under this Contract, in whole or in part, without the prior written approval of the State. No such written approval shall relieve Contractor of any obligations of this Contract, and any transferee or subcontractor shall be considered the agent of Contractor. Contractor shall remain liable as between the original parties to the Contract as if no such assignment had occurred.

5. SUCCESSORS IN INTEREST: The provisions of this Contract shall be binding upon and shall inure to the benefit of the parties to the contract and their respective authorized successors and assigns.

6. COMPLIANCE WITH ALL GOVERNMENT REGULATIONS: Contractor shall comply with all federal, state, and local laws, codes, regulations, and ordinances applicable to the goods to be purchased under this Contract. Failure to comply with such requirements shall constitute a breach of contract and shall be grounds for Contract cancellation. Damages or costs resulting from noncompliance shall be the sole responsibility of Contractor.

7. NONDISCRIMINATION: Contractor shall comply with all applicable requirements of federal and state civil rights and rehabilitation statutes, rules, and regulations.

8. SEVERABILITY: If any provision of this Contract is declared by a court to be illegal or in conflict with any law, the validity of the remaining terms and provisions shall not be affected, and the rights and obligations of the parties shall be construed and enforced as if the Contract did not contain the particular terms or provisions held to be invalid.

9. ATTORNEY FEES: In the event a lawsuit of any kind is instituted on behalf of the State to collect any payment due or to obtain performance of any kind under this Contract, Contractor shall pay such additional sums as the court may adjudge as reasonable attorney fees plus all costs and disbursements at trial and on any appeal.

10. HOLD HARMLESS: Contractor shall indemnify, defend, and hold harmless the State and its officers, divisions, agents, employees, and members from all claims, suits, or actions of any nature arising out of the activities of Contractor, its officers, subcontractors, agents, or employees under this Contract. Contractor shall have control of the defense and settlement of any claim; however, neither Contractor nor any attorney engaged by Contractor shall defend the claim in the name of the State of Oregon or any agency of the State of Oregon, nor purport to act as legal representative of the State of Oregon or any of its agencies, without first receiving from the Oregon Attorney General, in a form and manner determined appropriate by the Attorney General, authority to act as legal counsel for the State of Oregon, nor shall Contractor settle any claim on behalf of the State of Oregon without the approval of the Attorney General. The State of Oregon may, at its election and expense, assume its own defense and settlement in the event that the State of Oregon determines that Contractor is prohibited from defending the State of Oregon, or is not adequately defending the State of Oregon’s interest, or that an important governmental principle is at issue and the State of Oregon desires to assume its own defense.

11. WARRANTIES: Unless otherwise stated, all equipment shall be new and current models and shall carry full factory warranties. Contractor warrants all goods delivered to be free from defects in labor, material, and manufacture and to be in compliance with bid specifications. All implied or express warranty provisions of the Uniform Commercial Code (ORS, Chapter 72) are incorporated in this Contract. All warranties shall run to the State.

12. SAFETY AND HEALTH REQUIREMENTS: Equipment and services supplied shall comply with all federal Occupational Safety and Health Administration (OSHA) requirements and with all Oregon safety and health requirements including those of the State Workers’ Compensation Department.

13. DELIVERY: All deliveries shall be F.O.B. destination with all transportation and handling charges paid by Contractor. Responsibility and liability for loss or damage shall remain with Contractor until final inspection and acceptance when responsibility shall pass to the State except as to latent defects, fraud, and Contractor’s warranty obligations.

14. INSPECTIONS: Goods furnished under this Contract shall be subject to inspection and test by the State at times and places determined by the State. If the State finds goods furnished to be incomplete or not in compliance with bid specifications, the State may reject the goods and require Contractor to either correct them without charge or deliver them at a reduced price which is equitable under the circumstances. If Contractor is unable or refuses to correct such goods within a time deemed reasonable by the State, the State may cancel the order in whole or in part. Nothing in this paragraph shall adversely affect the State’s rights as buyer, including the rights and remedies associated with revocation of acceptance under ORS 72.6080.

15. CASH DISCOUNT: If the State is entitled to a cash discount, the period of computation shall commence on the date the entire order is delivered or the date the invoice is received, whichever is later.

16. PAYMENT: Payment for completion of State of Oregon contracts is normally made within 30 days following the date the entire order is delivered and accepted or the date the invoice is received, whichever is later. After 45 days, Contractor may assess overdue account charges up to a maximum rate of two-thirds of one percent per month on the outstanding balance (ORS 293.462).

17. ACCESS TO RECORDS: The State of Oregon and its agencies, the federal government, and their duly authorized representatives shall have access to books, documents, papers, and records of Contractor which are directly pertinent to this Contract for the purpose of making audit, examination, excerpts, and transcripts.

18. TERMINATION: This Contract may be terminated by mutual consent of both parties or by the State at its discretion. The State may cancel an order for goods at any time with written notice to Contractor stating the extent and effective date of termination. Upon receipt of this written notice, Contractor shall stop performance under this Contract as directed by the State. If this Contract is so terminated, Contractor shall be paid in accordance with the terms of the Contract for goods delivered and accepted which cannot be mitigated by resale as provided in the Uniform Commercial Code (ORS 72.7060).