THE UNIVERSITY OF WESTERN ONTARIO REQUEST FOR PROPOSAL Personal Protection Clothing UWORFP03-0932 DATE: January 14, 2009 UWORFP03-0932 Personal Protection Clothing 2016/07/01 1. BACKGROUND 1.1. The University of Western Ontario (Western), the third largest university in Ontario, has a full and part-time enrollment of more than 33,329 graduate and undergraduate students and includes affiliate University Colleges. The Western campus covers 487 hectares and is located about 4 km north of the centre of London. There are approximately 3200 FullTime Staff and Faculty. An additional 5,000 Part-Time Staff and Faculty represent approximately 3,800 Full-Time equivalents. 1.2. Western's web site is http://www.uwo.ca. 1.3. This Request for Proposal (RFP) is being issued on behalf of Western’s Physical Plant which services Western’s infrastructure which consists of mixture of new and aging buildings. 1.4. Western is committed to providing a safe working environment for the skilled trades by providing them with Personal Protective Clothing (PPC) that meets the NFPA 70E standard. 1.5. Western estimates that approximately 80 individuals (requiring 800 combinations of PPC) from a variety of licensed trades but not limited to: plumbers, fitters, elevator mechanics, motor mechanics, and refrigeration mechanics. 2. SCOPE 2.1. Proponents are invited to submit proposals on PPC as required by the Physical Plant departments. The 2008-2009 Spend at Western is estimated to be $ 68,000.00 and the dollar amount is provided as guidance to Bidders on the estimated value of this contract. Western can not guarantee the purchase volumes/values indicated in this RFP. 2.2. While the primary department will be the Physical Plant, other departments at Western may opt to take advantage of the systems contract. 2.3. The Proponents should indicate if their submissions may be extended to other cooperative buying groups who may wish to take advantage of this contract at the expiration of their current agreements. 3. BIDDER INSTRUCTIONS 3.1. Interested Proponents must provide their primary contact email address to Helga Alcorn by one of the following communication mediums upon receipt of the bid documents: PAGE 2 UWORFP03-0932 Personal Protection Clothing Fax number 519 661 3772 or Email: halcorn@uwo.ca. 2016/07/01 3.2. All communications regarding this Request for Proposal (RFP) must be directed to Helga Alcorn in writing or via email. Violation of this directive may result in the disqualification of the Proponent from the RFP process. 3.3. Questions pertaining to this RFP must be received no later than seven (7) business days prior to closing time and date. 3.4. All questions and answers during the RFP period will be communicated by email with the primary contacts as well as posted on http://www.westernbuys.uwo.ca under this document number. Responses to questions will be distributed to all Proponents, through the Proponent’s primary contact via e-mail, in a timely fashion 3.5. Two (2) hard copy (s) and one electronic copy in (Word or Excel format) must be submitted and enclosed in a sealed envelope bearing the name and address of the Proponent clearly marked on the outside of the envelope and the RFP information as follows: “UWORFP 03-0932 – Personal Protective Clothing ”. 3.6. Proposals will be received by Western no later than 12:00 Noon February 6, 2009 as indicated by the stamp clock in Suite 6100 (Financial Services Department) Services Support Building: Mailing and Delivery Address: University of Western Ontario Purchasing Department Support Services Building Suite 6100 Support Services Building 1393 Western Road London Ont., N6G 1G9 Attention: Helga Alcorn 3.7. Proposals received after the closing time and date will be returned unopened to the sender. Proposals submitted by facsimile or email will not be accepted. 3.8. No amendments or change to proposals will be accepted after the closing date and time. 3.9. Proponents must acquaint themselves with the terms and conditions of this document and respond to all sections of the RFP by indicating the reference number for each section and clearly identify, by clause, any exceptions (i.e. Section 4.01 Agreed). Failure to do so will be deemed that all the terms and conditions have PAGE 3 UWORFP03-0932 Personal Protection Clothing 2016/07/01 been accepted by your organization. Submitting your organization’s standard terms and conditions will not be acceptable to fulfill this requirement. 3.10. Submissions must be prepared in accordance with the conditions outlined in this and any associated documents. Failure to comply may result in the disqualification of the proposal. 3.11. Western’s preference is to sole source this contract based on the Best Value offered by the Proponents. 4. GENERAL TERMS AND CONDITIONS 4.1. Western is not responsible for any expenses incurred by Proponent(s) in preparing and submitting a response to this RFP. 4.2. Western is not under any obligation to award a contract and reserves the right to terminate the Request for Proposal process at any time and to withdraw from discussions with any or all of the Proponents who have responded, without liability being incurred by Western for any expense or cost incurred by the Proponent(s) 4.3. Proponents may not use Western’s name or markings for any external marketing purposes without the express written permission from Western. 4.4. Unit prices will govern where arithmetical errors may occur in the extension of prices. Where it appears a major mistake in calculation has been made, Western shall consider the intent of the Proponent and may accept the proposal for consideration and subsequent correction. 4.5. Proposal pricing shall be irrevocable for ninety (90) days following the closing date of the RFP. 4.6. Western intends to issue purchase order(s) to the Proponent(s) whose submission offers the best value to Western. 4.7. The successful Proponent(s) shall be required to provide: 4.7.1. Proof, from the Broker, of commercial liability insurance of at least $2 million per occurrence and The University of Western Ontario its Board of Governors, trustees, officers, employees and agents named as Additional Insureds. Such provision shall apply in proportion to and to the extent of the negligent acts or omissions of the non-University party or any person or persons under the nonUniversity parties’ direct supervision and control. The liability insurance should include personal injury and property damage, non-owned automobile liability, PAGE 4 UWORFP03-0932 Personal Protection Clothing 2016/07/01 owners and contractors’ protective coverage and contractual liability coverage. 4.7.1.1 Provide thirty (30) days advance written notice to the University of any modification, change, or cancellation of any of the insurance coverage, 4.7.2 Proof, from the Broker, of automobile liability insurance with coverage of at least $ 2 million per occurrence for liability arising at law for damages caused by reason of bodily injury (including death) or damage to property by employees or sub contractors. 4.7.3. A current Certificate of Clearance from The Workplace Safety and Insurance Board (WSIB) or equivalent. http://www.wsib.on.ca/wsib/wsibsite.nsf/public/home_e . 4.8. All workers on Western property must be covered by WSIB for the duration of the contract and that a Certificate of Clearance is maintained in good standing throughout the contract by the successful Proponent(s). 4.9. The successful Proponent(s) shall be in compliance with the Occupational Health and Safety Act of Ontario and its regulations http://www.gov.on.ca/LAB/english/hs/ohsaguide/. 4.10. The successful Proponent(s) shall not assign or sub contract any portion of its contract without the written consent of Western. 4.11. Western reserves the following rights: 4.11.1 4.11.2 4.11.3 4.11.4 4.11.5 4.11.6 4.11.7 4.11.8 To open submissions privately, To award different items to different Proponents or to one Proponent based upon Western’s evaluation of proposals, To reject any or all submissions received, To, in its sole discretion, request clarification and/or further information from one or more Proponents after closing without becoming obligated to offer the same opportunity to all Proponents. To request proof of WSIB coverage at any time throughout the term of the contract. To exclude products from this contract, and source elsewhere, when the successful Proponent(s) cannot supply products efficiently and /or competitively. To exclude products from this contract and source elsewhere, if the successful Proponent(s) is/are not able to supply the goods within a reasonable lead time. To exclude products from this contract and source elsewhere if the required product(s) is/are not available from the successful Proponent(s). PAGE 5 UWORFP03-0932 Personal Protection Clothing 2016/07/01 4.12 All submissions must be signed by an authorized company representative (refer to Appendix A). 4.13 Any terms or conditions, which cannot be fulfilled, should be clearly stated in your submission. 4.14 All the terms and conditions stated in this bid document are deemed to be accepted by the Proponent and incorporated into the Proponent(s)’ proposal submission. The complete submission document and any attachments shall constitute the contract between the successful Proponent(s) and Western. 4.15 Any conflict in the wording of the successful Proponent(s)’ invoice and/or sales agreement and the wording of the terms and conditions of this proposal, shall be resolved in favour of Western and shall be deemed to be incorporated into the Proponent(s)’ invoice and/or sales agreement. 4.16 The laws of the Province of Ontario shall govern in any dispute the may arise as a result of the successful Proponent’s submission and the subsequent contract awarded to the successful Proponent(s). 4.17 If the successful Proponent(s) fails to carry out the agreement satisfactorily in accordance with the terms, Western will, by giving written notice, specify the default(s) requiring remedy. In the event that the specified default(s) is/are not remedied within thirty days (30) from giving such notice, Western reserves the right to terminate the agreement immediately. 4.18 All plans, materials and electronic or digital files paid for by Western or its Associated Companies are the property of Western or its Associated Companies. 4.19 The Proponent(s) shall treat the contract and all documents, drawings, specifications and information connected with this Request for Proposal as confidential and shall not disclose any information or documents acquired by it or its employees, agents or sub-contractors to any third parties, nor use, or copy the information, except as required to perform the Proponent(s)’ obligations in fulfilling the terms of this contract. 4.20 The successful Proponent(s) shall indemnify and hold harmless Western, its directors, employees, students and agents from and against all actions, suits, claims, causes of action, demands, penalties, fines, costs and expenses including legal fee) or other proceedings of any kind or nature directly or indirectly arising out of performance of the Work or Supply of Goods, including but not limited to personal injuries to anyone, breach or alleged breach of intellectual property laws, environmental non-compliance, product liability or property damage. PAGE 6 UWORFP03-0932 5 Personal Protection Clothing 2016/07/01 SPECIAL INSTRUCTIONS TO PROPONENTS 5.1. Proponents must be able to measure and fit all skilled trades on site and as per the agreed upon schedule between each unit Manager and the successful Proponent. 5.2. The successful Proponent will be required to train all skilled trades in the appropriate use of clothing to meet NFPA 70 E Standards. 5.3. Each individual must have their PPC individually packaged and labeled with the individual’s name. 5.4. Proponents must be able to deliver the all PPCs and invoice before April 30 2009. 5.5. Proponents must fill out the excel spreadsheet Appendix B. Note Appendix B consists of two worksheets: Information Worksheet and Pricing Worksheet. 5.6. Proponents should identify if an online catalog and/or access to your web site is available to Western. Response to this question should be input into Appendix B Information Worksheet. 5.7. Samples are to be provided for evaluation. See Appendix B Pricing Worksheet for which articles are to be provided. Samples will be returned upon completion of the evaluation. 6. SPECIFICATIONS 6.1 Personal Protection Clothing (PPC) must comply with NFPA 70 E Standards. 6.2 Leather Gloves must meet the ASTM F496 standards. The clearance between the leather glove cuff and the bead of the rubber glove shall be ½” as per the ASTM F496 Standards. 6.3 Fabrics must be flame resistant (FR), pass the vertical flame test and meet the requirements of ASTN 1506. 6.4 Pants and industrial work shirts are to be made from Indura Ultra Soft fabric. 6.5 T Shirts and polo shirts are to be made from Indura Ultra Soft Interlock knit fabrics (treated blends are acceptable). 6.6 Bidders are to provide the laundering instructions for the FR clothing (PPC that require dry cleaning will not be considered). The preferred laundering instructions should state load sizes, water temperatures, preferred detergents, what cleaning products are to be avoided PAGE 7 UWORFP03-0932 Personal Protection Clothing and drying instructions. 2016/07/01 6.6 PPC shall have an embroidered or imprinted UWO logo on the shirts (which will be provided to the successful Proponent) which must be FR . 6.7 No substitutes shall be permitted without the express written consent of Western. 6.8 Material Safety Data sheets (MSDS) and appropriate labels must accompany all hazardous products as defined under the Hazardous Products legislation and provincial WHIMIS legislation. 7 PRICING Prices must be guaranteed for duration of the contract. 7.2 Prices must include: all delivery (FOB destination, prepaid), including packaging and adequate in-transit insurance. 8 7.1 PAYMENT TERMS/INVOICING Payment terms are net 30 days upon delivery. Please specify in your proposal any payment terms that may differ e.g. 2% 10 days. 8.2 Western will not consider any prepayment terms. 8.3 Where applicable, PST and GST must be shown as separate lines on all invoices. 8.4 The successful Bidder must be able to provide priced packing slips. 8.5 All packages, packing slips, correspondence, customs documentation, and freight bills must quote the individual’s name and the Western speed-code or word order number. 8.6 The successful Proponent(s) must be able to accumulate and consolidate invoices for payment using a Western approved Electronic Tally Sheet. 9. 8.1 CONTRACT TERM 9.1. The systems supply contract shall run for three (3) years with an option to renew for two (2) additional one (1) year terms. 10. CLARIFICATION PAGE 8 UWORFP03-0932 Personal Protection Clothing 2016/07/01 10.1 Western reserves the right, at its sole discretion to request clarification and/or further information from one or more Proponents after closing without becoming obligated to offer the same opportunity to all Proponents. 11. QUALITY /WARRANTY 11.1. State if your company is ISO registered. Response to this question should be input into Appendix B Information Worksheet. 11.2. Describe your Return of Goods procedure and were goods will be returned to. Response to this request should be limited to a one page response. 11.3. Western reserves the right to return any contract item for credit without being subjected to restocking fees and /or penalties. 11.4. Proponents are to provide the name of the individual responsible for handling the Western account and the individual that Western will contact to escalate unresolved complaints. Response to this question should be input into Appendix B Information Worksheet. 11.5 Proponents are to state the manufacturers’ guidelines as to when a garment is to be removed from service. Response to this question should be input into Appendix B Pricing Worksheet. 11.6 Proponents are to state the manufacturers’ warranty for PPC. Response to this question should be input into Appendix B Pricing Worksheet. 12. DELIVERY 12.1 State the location of your distribution centre. Response to this question should be input into Appendix B Information Worksheet. 12.2 Delivery is FOB Destination Western. Deliveries will be to: Physical Plant Department Services Support Building Dock: 18 1393 Western Road London, ON, Canada N6A 5B7 12.3 Time shall be of the essence and all goods shall be delivered and installed in accordance with the delivery dates and quantities as specified on the Western purchase order. Failure to meet the specified delivery date shall entitle Western, at its sole option, to cancel any PAGE 9 UWORFP03-0932 Personal Protection Clothing portion or all of the order without incurring any liability costs. 12.4 2016/07/01 All prospective suppliers must provide the name of their carrier. Response to this question should be input into Appendix B Information Worksheet. 12.5 The successful Proponent(s) bears the risk of loss with respect to goods until delivery is complete and Western has accepted the goods. 13 EVALUATION PROCESS AND AWARD 13.1 The following criteria will be used to evaluate the proposals submitted: 13.1.1 13.1.2 13.1.3 13.1.4 13.2 Best value including pricing and pricing structures etc Quality of clothing based on comfort, safety rating, samples Delivery & training (delivery prior to April 2009) Other (quality of RFP, compliance of terms and conditions etc.) 40% 40% 10 % 10 % In order to obtain the most advantageous offer for Western, Western reserves the right, in its sole discretion: 13.2.1 To enter into negotiations with the Proponent(s) who offers the best overall value to them. During such negotiations, the scope of may be refined, responsibilities will be designated, implementation issues clarified and the final terms and conditions of any contract will be determined. 13.2.2 If negotiations with the selected Proponent are unsuccessful, Western reserves the right in its sole discretion to enter into negotiations with any other Proponent(s). 13.3 The successful Proponent(s) awarded the contract will be contacted by telephone. The RFP status and final award decision will be posted on WEsternBuys http://www.westernbuys.uwo.ca/. Appendix A PAGE 10 UWORFP03-0932 Personal Protection Clothing ACKNOWLEDGEMENT SUBMITTED BY (Company): 2016/07/01 ________________________________________ Name: _________________________________________ Address: _________________________________________ _________________________________________ ________________________________________ Telephone: _________________________________________ Facsimile: _________________________________________ Email: _________________________________________ I/We the undersigned are duly authorized to execute this Proposal on behalf of: Name of Prospective Supplier Authorized Signature Name Position Dated at the City / Province This Day of ____________, 2009. PAGE 11