State of Oregon Department of Environmental Quality Request for Quote (RFQ) RFQ# DEQ-1145-14 The State of Oregon, acting by and through the Oregon Department of Environmental Quality (DEQ), Laboratory Program is requesting quotes on the Fluid Management Systems (FMS) brand, or equal, products listed below. The products will be purchased as needed for cleanup of sample extracts for analysis of Dioxin/Furans, Polychlorinated Biphenyls (PCBs) and Polybrominated Diphenyl Ethers (PBDEs) by High Resolution Mass Spectrometer. DEQ will issue a State of Oregon Purchase Order (Exhibit A), including the State of Oregon Standard Terms and Conditions, to the responsive and responsible bidder submitting the lowest price offer based on the estimated annual quantities listed in Section A below. The Purchase Order (PO) will be a price agreement allowing DEQ to purchase the products on an “as-needed” basis depending on project requirements and available funding. The PO will also allow for purchases of consumables and parts relating to the cleanup of sample extract activities that may not be included in the product list below. The initial contract term will be for one (1) year with the option to amend the contract for additional terms but not to exceed a total of five (5) years. This RFQ includes brand-name products as authorized under OAR 125-247-0691(1) (a) – (c). DEQ shall determine, in its sole discretion, whether a product offered is "equal". DEQ shall make its decision after closing date/time of solicitation. DEQ may require Bidder to submit samples of the alternate brand/product, at no cost to DEQ, for evaluation. Failure to provide the requested samples as required may result in rejection of Bid. Complete and return this entire document to: BIDSDEQ@deq.state.or.us Subject Line: DEQ-1145-14 All Bids must be received at the email address above by 2:00 PM (Pacific Time), January 15, 2015 Specifications General Bidder must be the manufacturer or authorized reseller of the products listed below or of an equivalent manufacturer of the brand name products. No substitutions will be allowed except when written authorization is provided by DEQ Contract Administrator, or designee, in advance of shipment. 1 This is a single award opportunity. However, DEQ reserves the right to order any of the products listed from another source if Contractor cannot supply products within requested delivery time. Repeated failure of Contractor to provide timely delivery may result in contract termination. Delivery of all orders placed by DEQ must be by common carrier. Products Item Description Item# FMS Part # 1 PCB Free High Capacity Disposable ABN Silica Column with Teflon Chip PCB-HCDS-ABN-TFC 2 PCB Free Classical Disposable Silica ABN Column PCBS-ABN-STD 3 PCBL-ABN-STD 4 PCB Free Low Capacity Disposable Silica ABN Column PCB Free Disposable Alumina (11g) Column PCBA-BAS-011 5 PCB Free Low Capacity Disposable Alumina (6g) Column PCBL-BAS-006 6 PCBC-CCE-034 7 PCB Free Disposable Carbon/Celite (.34g) Column Fitting Teflon Hex For High Capacity Columns 8 Fitting Teflon Hex For Classical Teflon Columns CLTF-FIT-000 9 Environmental POPs Kit POP-KIT 10 SuperVap Concentrator Tube Standard GC Vial TIP SVAP-TUB-200M-GC 11 250ml Concentrator tubes 1 ml tip SVAP-TUB-200M-1000 12 250ml Concentrator tubes 500 ul tip SVAP-TUB-200M-500 13 GC Vial SVAP-VIAL-GC 14 12 Position Concentrator Tube Rack for 250 ml Tube FMS-TR-2012 15 Teflon GC vial union SVAP-UNI-TFZ 16 Teflon GC vial union washer, pack of 100 SVAP-UNI-WSR 17 PCB Free Classical Disposable Silica ABN Column with Teflon Chips PCBS-ABN-STD-TFC CLTF-FIT-025 PRICING and Additional Information A. Mandatory Bidder must provide pricing and other requested information below. Failure to provide complete information may result in disqualification. 1. Manufacturer Information Bidder will provide FMS brand items if awarded a contract as a result of this Request for Quote. Bidder is submitting “or equal” products for the FMS items listed above, Provide the manufacturer name: ____________________________________; and list the corresponding part numbers in column B in the table below. 2 2. Pricing Bidder must provide a set percent discount off current list price on all items. If awarded a contract, the discount provided below must remain fixed for the initial contract year. The products listed below represent the current, primary items DEQ anticipates needing to order based on established analytical methods. If DEQ project requirements demand method development or modifications, DEQ reserves the right to order other consumables and parts not included on the list below. Contractor must provide the same discount off current list price to non-primary items. For bid evaluation purposes, DEQ has provided estimated annual quantities of each product (column D) in the table below. DEQ does not imply or guarantee that any quantity will be purchased during any term of the resulting contract. Bidders must: Provide the set discount of __________% off current list price if awarded a contract. Provide current list price in column C in table below (will be used for bid evaluation). A. B. C. FMS Part # Equivalent Product Part # Current List Price per item D. Bid evaluation quantity PCB-HCDS-ABN-TFC 50 PCBS-ABN-STD 50 PCBL-ABN-STD 50 PCBA-BAS-011 50 PCBL-BAS-006 50 PCBC-CCE-034 50 CLTF-FIT-025 50 CLTF-FIT-000 50 POP-KIT 200 SVAP-TUB-200M-GC 12 SVAP-TUB-200M-1000 12 SVAP-TUB-200M-500 12 SVAP-VIAL-GC 12 FMS-TR-2012 1 SVAP-UNI-TFZ 50 SVAP-UNI-WSR 1 PCBS-ABN-STD-TFC 50 3 3. Shipping: Bidder must provide shipping cost for a hypothetical order of all the bid evaluation quantities list above. This would be for a single order of the quantities listed. This information will be used in bid evaluation only. DEQ reserves the right to verify shipping rates and/or request clarification of cost determination. Designate “N/C” as the cost if DEQ will not be charged for regular ground shipping on any quantity ordered. Shipping To Hillsboro, Oregon 97124 Shipping From _________________________________ Weight _____________ Carrier _________________________________ Cost $ ______________ Bidder (if awarded a contract) may invoice DEQ no more than actual shipping costs unless Bidder has designated “N/C” above and in that case actual shipping charges could only be included on invoice if DEQ requests an expedited shipping method (next day, 2nd day, etc.). 4. Other Charges/Fees: Bidder must provide cost for any other charges/fee (handling, minimum order, surcharges, etc.) that will be billed to DEQ. Only costs listed below will be allowed as part of the contract. Contractor will not invoice for any other charges/fees. Contractor’s invoice may include: Description of charge/fee Cost $ $ $ 4 RFQ# DEQ-1145-14 Bidder Cover Sheet (Parts I – IV) PART 1 – GENERAL INFORMATION Organization Name (tax filing): _________________________________________________________________ Primary Contact: ________________________________ Title: ______________________________ (Please Print Name) Street Address: _______________________________ City, State, Zip: ________________________ Telephone: ____________________ E-mail Address:________________________________________ OMWESB #: _____________________ (If certified by the OR Office of Minority, Women, and Emerging Small Business as a Disadvantaged Business Enterprise, Minority Business Enterprise/Women Business Enterprise, or Emerging Small Business.) PART II – REPRESENTATIONS, ATTESTATIONS, AND CERTIFICATIONS: The undersigned further acknowledges, attests and certifies individually and on behalf of the Bidder that: 1. The Offer has been arrived at independently and has been submitted without any collusion designed to limit independent bidding or competition; 2. Information and prices included in this Offer shall remain valid for sixty (60) days from the RFQ closing; 3. The Bidder understands that all Offers not withdrawn prior to the RFQ Close Date become the property of the State of Oregon as of the Offer due date and Bidder grants the State the right to use all information contained therein; 4. The Bidder acknowledges receipt of all Addenda, if any, issued under the RFQ; 5. Bidder does not discriminate in its employment practices with regard to race, age, religious affiliation, sex, disability, sexual orientation or national origin, nor has Bidder or will Bidder discriminate against a subcontractor in the awarding of a subcontract because the subcontractor is a minority, women or emerging small business enterprise certified under ORS 200.055; 6. The Bidder, acting through its authorized representative, has read and understands all RFQ instructions, specifications/statement of work, and terms and conditions contained within the RFQ, including the terms and conditions contained in the State of Oregon Contract. 7. The Bidder agrees to and shall comply with, all requirements, specifications, and terms and conditions contained within the RFQ, including all listed Attachments, Exhibits and Addenda, if any; 8. Contractor will furnish the designated item(s) and/or service(s) in accordance with the RFQ specifications and/or statement of work requirements, and will comply in all respects with the terms of the resulting contract upon award; 9. If offered a Contract resulting from this RFQ, Bidder will complete upon request a W-9 form requesting for Taxpayer Identification and Certification; 10. The Bidder agrees that if awarded the Contract, Bidder shall be authorized to do business in the State of Oregon at the time of the award; 11. The Offer submitted is in response to the specific language contained in the RFQ, and Bidder has made no assumptions based upon either (a) verbal or written statements not contained in the RFQ, or (b) any previously issued RFQ, if any; 12. The Agency shall not be liable for any claims or be subject to any defenses asserted by Bidder based upon, resulting from, or related to, Bidder’s failure to comprehend all requirements of the RFQ; 13. The Agency shall not be liable for any expenses incurred by Bidder in either preparing and/or submitting its Offer, or in participating in the bid evaluation/selection or Contract negotiation process, if any. 5 PART III – OFFICE OF FOREIGN ASSETS CONTROL AND US DEPARTMENT OF STATE: Bidder and Bidder’s employees and agents are not included on: a. The list entitled “Specialty Designated Nationals and Blocked Persons” maintained by the Office of Foreign Assets Control of the United States Department of the Treasury and currently found at http://wwwtreas.gov/offices/enforcement/ofac/sdn/ ; or b. The list entitled “Current List of Designated Foreign Terrorist Organizations of the US Department of State” and currently found at http://www.state.gov/s/ct/rls/fs/97191.htm PART IV – SIGNATURE: The signatory of this Bidder Cover sheet is a duly authorized representative of the Bidder, has been authorized by Bidder to make all a representations, attestations, and certifications contained in this bid document and all Addenda, if any, issued, and to execute this Bid document on behalf of Bidder. By signature below, the undersigned Authorized Representative hereby certifies on behalf of Bidder that all contents of this Bidder Cover sheet and the submitted Offer are truthful, complete and accurate. Failure to provide information required by the RFQ may ultimately result in rejection of the Offer. THIS COVER PAGE MAY NOT BE ALTERED. THIS COVER PAGE MUST BE SIGNED IN BLUE OR BLACK INK BY AN AUTHORIZED REPRESENTATIVE OF THE BIDDER. Authorized Signature: ____________________________________________ Print Name: Title: ___________________________________________________ ________________________________________________________ 6 EXHIBIT A PURCHASE ORDER (PO) NO. STATE OF OREGON PO Date Agency Contractor Name and Address Contractor FEIN Delivery Date Bid Number PAGE Requisition No. Bill To BPO/Contract Number Ship To Agency Contact/Phone FOB Fund Code Item Special Terms and Conditions: Description Quantity U/M Unit Price Extended Amt. Sub Total Freight Total This Purchase Order and the terms and conditions on page 2 constitute the entire agreement between the parties. There are no other understandings, agreements or representations, oral or written. Purchasing Agent Date 7 STATE OF OREGON – TERMS AND CONDITIONS 1. DELIVERY: Deliveries will be F.O.B destination. Contractor shall pay all 11. ACCESS TO RECORDS: Contractor shall maintain all accounting transportation and handling charges. Contractor is responsible and liable for records relating to this PO according to GAAP and any other records relating to loss or damage until final inspection and acceptance of the Goods. Contractor Contractor’s performance (“Records”) for six (6) years from termination or as remains liable for latent defects, fraud, and warranties. otherwise required. Contractor shall grant the State and its agencies, the 2. INSPECTIONS: Agency may inspect and test the Goods and related Services (collectively, Goods). Agency may reject non-conforming Goods and Secretary of State Audits Division, the federal government, and their duly require Contractor to correct them without charge or deliver them at a reduced authorized representatives access to the Records, including reviewing, auditing, copying, and making transcripts. price, as negotiated. If Contractor does not cure any defects within a reasonable time, Agency may reject the Goods and cancel the PO in whole or 12. COMPLIANCE WITH APPLICABLE LAWS: Contractor shall comply in part. This paragraph does not affect or limit Agency's rights, including its with all applicable federal, state and local laws, regulations, executive orders, rights under the Uniform Commercial Code, ORS chapter 72 (UCC). and ordinances, as amended (Rules), including: (i) Titles VI and VII of Civil 3. PAYMENT: Agency shall pay Contractor within 30 days from (i) the date Rights Act of 1964; (ii) Sections 503 and 504 of the Rehabilitation Act of 1973; the Goods are delivered and accepted or (ii) the date the invoice is received, (iii) the Americans with Disabilities Act of 1990; (iv) Executive Order 11246; whichever is later. If Agency fails to pay within 45 days of such date, (v) The Age Discrimination in Employment Act of 1967, and the Age Contractor may assess overdue account charges up to a rate of 2/3% per Discrimination Act of 1975; (vi) The Vietnam Era Veterans’ Readjustment month (8% APR) or the maximum rate allowed by law on the outstanding balance. Assistance Act of 1974; (vii) ORS Chapter 659; (viii) ORS 279B.020, , and 4. STATE PAYMENT OF CONTRACTOR CLAIMS: If Contractor does 279B.270; (ix) all other applicable requirements of federal and state civil rights not pay promptly any claim that is due for Goods or Services furnished to the and rehabilitation statues, rules and regulations; (x) all federal and state laws Contractor by any subcontractor in connection with this PO, the State may pay governing the handling, processing, packaging, storage, labeling, and delivery such claim and charge that payment against any payment due to the of food products; and (xi) all regulations and administrative rules established Contractor under this PO. The State’s payment of a claim does not relieve the pursuant to the foregoing laws. Agency’s performance is conditioned upon Contractor or its surety, if any, from their obligations for any unpaid claims. Contractor’s compliance with, 279B.220, 279B.225, 279B.230, and 279B.235, 5. WARRANTIES: Contractor represents and warrants that the Goods are new, current, and fully warranted by the manufacturer. Delivered Goods will as applicable. All applicable Rules are incorporated by reference in this PO. comply with specifications and be free from defects in labor, material and 13. WORKERS' COMPENSATION: Contractor shall comply with ORS manufacture. All UCC implied and expressed warranties are incorporated in 656.017 and provide the required workers’ compensation coverage, unless this PO. Contractor shall transfer all warranties to the State. exempt under ORS 656.126(2). Contractor shall ensure that its Subcontractors, 6. TERMINATION: (i) The parties may terminate this PO by mutual if any, comply with these requirements. agreement. (ii) Agency may terminate this PO at any time with written notice 14. SAFETY AND HEALTH REQUIREMENTS: Contractor represents and to Contractor. Upon receipt of the written notice, Contractor shall stop warrants that the Goods comply with all federal and Oregon safety and health performance, and Agency shall pay Contractor for Goods delivered and requirements. accepted. (iii) Agency may terminate this PO at any time if Agency fails to 15. MATERIAL SAFETY DATA SHEET: Contractor shall provide Agency receive funding, appropriations, or other expenditure authority. (iv) If with a Material Safety Data Sheet for any Goods which may release, or Contractor breaches any PO provision or is declared insolvent, Agency may otherwise result in exposure to, a hazardous chemical under normal conditions terminate this PO for cause with written notice to Contractor, and Contractor of use (OAR 437- 002-0360 and 29 CFR 1910.1020). Contractor shall label, tag shall be liable for all incidental and consequential damages resulting from its or mark such Goods. breach, including all damages as provided in the UCC. 16. RECYCLABLE PRODUCTS: Unless otherwise required , Contractor 7. HOLD HARMLESS: Contractor shall indemnify, defend and hold shall use recycled and recyclable products to the maximum extent economically harmless the State and it agencies, their divisions, officers, employees, and feasible in the performance of the PO. These products shall include recycled agents, from all claims, suits or actions of any nature arising out of or related paper, recycled PETE products, other recycled products (ORS to the activities of Contractor, its officers, subcontractors, agents or 279A.010(1)(gg),(hh),(ii)), and other recycled plastic resin products. employees under this PO. 17. AMENDMENTS: All amendments to this PO must be in writing, signed 8. GOVERNING LAW, JURISDICTION, VENUE: This PO is governed by Agency. 18. SEVERABILITY: If a court of competent jurisdiction declares any by Oregon law, without resort to any other jurisdiction's laws. Any claim, provision of this PO to be invalid, the other provisions and the rights and action, suit, or proceeding between the State and the Contractor that relates to obligations of the parties remain in effect. this PO (Claim) must be heard exclusively in the Circuit Court of Marion 19. WAIVER: Agency’s failure to enforce any provision of this PO is not a County for the State of Oregon. If the Claim must be brought in a federal waiver or relinquishment by Agency of its rights to such performance in the forum, then it must be heard exclusively in the US District Court for the future or to enforce any other provisions. District of Oregon. Contractor consents to the in personam jurisdiction of 20. AWARD TO FOREIGN CONTRACTOR: If Contractor is not registered to do business or has no office in the State of Oregon, Contractor shall promptly these courts. Neither this Section nor any other provision of this PO is a provide to the Oregon Department of Revenue and the Secretary of State waiver by the State of any form of defense, sovereign immunity, governmental immunity, immunity based on the Eleventh Amendment to the US Constitution, Corporation Division all information required by those agencies relative to this PO. Agency may withhold final payment under this PO until Contractor has or other immunity, from any Claim or from the jurisdiction of any court. met this requirement. 9. FORCE MAJEURE: Neither party is responsible for delay or default 21. TAX CERTIFICATION: Contractor hereby certifies under penalty of caused by an event beyond its reasonable control. Agency may terminate this perjury: (a) the number shown on this form is the correct Federal Employer PO without liability to Contractor upon written notice after determining the Identification Number; (b) it is not subject to backup withholding because (i) it is delay or default reasonably prevents performance of this PO. exempt from backup withholding, (ii) it has not been notified by the IRS that it is 10. ASSIGNMENT/SUBCONTRACT/SUCCESSORS: Contractor shall subject to backup withholding as a result of a failure to report all interest or not assign, transfer, or subcontract rights (Subcontract) or delegate dividends, or (iii) the IRS has notified Contractor that it is no longer subject to responsibilities under this PO in whole or in part, without the prior written backup withholding; and (c) it is not in violation of any Oregon tax laws. approval of Agency. This PO’s provisions are binding upon and inure to the benefit of the parties to the PO and their respective successors and assigns. 8 9