1124-25Q Breathing Air Compressor.pdf

#1124-25Q

Breathing Air Compressor

Buyer:

CMC Purchasing Department

802 Grand Avenue / Glenwood Springs, CO 81601 / bids@coloradomtn.edu mailto:bids@coloradomtn.edu

#1124-25Q Breathing Air Compressor

Section I: Introduction

Colorado Mountain College (“CMC”) is a statutory local college district established in 1965. The district covers 7,500 square miles in all or part of nine counties. CMC offers 7 academic pathways with more than 130 programs with combinations of degrees, certificates, minors and specialties.

The longstanding investment from our communities allows us to keep our quality high, our tuition affordable and our access wide open. Eleven world-class mountain locations in central Colorado enable big school opportunities in small, personal settings. Our unusually strong local partnerships create rich experiences for real-world learning and careers. The result? Proven student success that makes Colorado Mountain College a choice that’s uniquely smart.

CMC reserves the right to make multiple awards resulting from this RFQ or to award no contract at all.

CMC uses the Rocky Mountain E-Purchasing System (“BidNet”) to post solicitations and any supporting or additional information, including awards. Proposals must be submitted prior to close on BidNet. CMC cannot accept a response that did not come through the right channel on time. Visit http://www.bidnetdirect.com/colorado for help with customer service or other questions. Please make sure to leave time for unexpected technical or other trouble. You are encouraged to submit a day early.

Sometimes submittals take longer to load than expected; if you run out of time before you are finished with your entire upload CMC will not be presented with the response.

It is the bidder’s responsibility to monitor BidNet on a regular basis for any changes or addenda issued.

The bid award will be posted upon final award and execution of any related contract or agreements.

The only exception to the use of BidNet is that all questions from potential bidders must be submitted to bids@coloradomtn.edu. Those questions will then be responded to by addendum posted to BidNet.

Please do not contact any member of CMC’s staff, faculty or member of the selection committee directly regarding this proposal other than the Buyer listed in this document. Any attempt to do so will result in your firm’s disqualification at the discretion of the Assistant Vice President of Business Services.

Section II: Specifications

CMC’s Carbondale Campus located at, 300 Meadowood Dr. Carbondale, CO 81623 is requesting quotes from qualified firms and/or individuals for a Breathing Air Compressor equivalent to or better than the following specifications:

- One fixed-station breathing air compressor w/ cascade storage system designed to fill SCBA bottles used by CMC Fire Science students. The Carbondale Academy needs a compressor capable of handling the rigors of filling 2 dozen bottles a day, 3 days a week, 32 weeks a year.

3 fill stations minimum.

All bids must be submitted on provided bid sheet in Excel format, if applicable, to BidNet no later than the due date specified in the timeline.

http://www.bidnetdirect.com/colorado

It is our preference to award to one vendor that can deliver all requested products. CMC will accept products that are compatible with our existing system, and are equivalent to or better than the specifications in this RFQ document.

Section III: Timeline

DATE TIME

ISSUE DATE MARCH 7TH, 2025

QUESTIONS DUE – VIA EMAIL TO bids@coloradomtn.edu MARCH 14TH, 2025 2:00 PM

QUESTIONS ANSWERED MARCH 21ST, 2025 4:00 PM

REQUEST FOR QUOTATIONS (RFQ) DUE

http://www.bidnetdirect.com/colorado MARCH 28TH, 2025 2:00 PM

TARGET AWARD DATE (SUBJECT TO CHANGE) APRIL 4TH, 2025 4:00 PM

Section IV: Evaluation Criteria

CMC will evaluate and recommend for award the proposal offering CMC its best value. Price is a primary consideration but may not be the only criteria evaluated. Quality, delivery, service, warranty, past performance and reliability are examples of other selection criteria that will be considered by CMC.

We will accept quotations from alternate brand names if the product is equivalent to or better than the specification, in CMC’s sole judgment. In such case, please clearly state any exceptions to, or deviations from, the specifications, terms or conditions, including specifications and pictures depicting proposed equals. Responses not specifying brand name and model number shall be considered as offering the exact product specified by CMC. Please include a direct link to, or a copy of the specifications of, the product(s) you are bidding on and submit your best and final offer.

Section V: Miscellaneous Terms

CONTRACT TERMS.

Any contract resulting from a selection arising from this RFQ shall include CMC’s Terms and Conditions, and any other written requirements of CMC, including but not limited to the CMC Insurance Requirements, if applicable. Revisions to CMC’s Terms and Conditions will not be accepted.

TAX AND DELIVERY.

All prices must be firm and quoted complete and F.O.B. CMC. Do not include sales and use tax as CMC is a Colorado tax exempt entity.

SUBMISSION OF QUOTES.

By submitting a response to the RFQ, each bidder represents that they have read and completely understand the RFQ documents.

ERRORS.

Bidders shall promptly notify CMC of any ambiguity, inconsistency, or error, which they may discover upon examination of the RFQ documents.

http://www.bidnetdirect.com/colorado

QUALIFICATIONS OF BIDDERS.

CMC requires all vendors to be professional individuals or organizations with legitimate ongoing business operations. No vendor or immediate family member may be both an employee of the College and an independent contractor. Any potential conflict of interest must be disclosed in writing to the College purchasing department prior to acceptance of an award.

LIMITATION OF MULTIPLE-FISCAL YEAR OBLIGATIONS.

All financial obligations of CMC under a contract resulting from this proposal subsequent to the fiscal year in which signed are contingent upon funds for this purpose being appropriated, budgeted, and otherwise made available by the CMC Board of Trustees. This contract shall not be deemed to create any multiple-fiscal year direct or indirect debt or other financial obligation whatsoever for purposes of Section 20(4) (b) of the State Constitution (Amendment 1).

FEDERAL AND STATE LAW.

All quotations must conform to the minimum federal and state regulations applicable to CMC with respect to bidding, discrimination, wage rates, conflicts of interest, etc. It is the bidder’s responsibility to understand CMC’s regulatory environment.

REJECTION/ACCEPTANCE OF PROPOSAL.

CMC reserves the right to purchase none, all or part of the materials/services listed and to waive any formality associated with this proposal if it is determined to be in the best interest of the college.

PROPRIETARY INFORMATION.

It is understood that CMC is a public institution and, as such, is subject to the Colorado Open Records Act, CRS §§ 24-72-101 et. seq. (“CORA”). Any information uploaded to BidNet or otherwise submitted to CMC will become a public record and subject to inspection following the final selection of a bidder and the award of a contract. Bid tabulations and results will be posted to BidNet and the CMC external website. Except as otherwise agreed prior to the award or finalization of any vendor transaction, College shall provide upon request by any third party all information pertaining to such transaction which must be disclosed pursuant to CORA, and CMC’s obligations under CORA supersede its obligations under any agreement, contract, purchase order or negotiated transaction. If you object to the disclosure of any confidential or privileged information as such is defined in CORA, any such pages must be marked confidential and submitted as outlined herein. If you fail to mark the documents confidential and fail to include the explanation, any objection to the release of any information will be deemed waived by the College. Please note that your objection will be considered but is not binding on the College. The College is required to make a determination under CORA, and may only withhold documents that are confidential under the law. If the College releases documents marked as confidential in compliance with CORA, the Bidder waives any claims for liability or damages.

To avoid disclosure of trade secrets, privileged information, or confidential commercial, financial, geological, or geophysical data (“Confidential Information”), the Bidder must clearly mark all Confidential Information as such and provide a written, detailed justification with its proposal of the protected nature of the Confidential Information under CORA. This justification must address, at a minimum, the specific competitive harm that may result from any disclosure, the intrinsic value of the Confidential Information to the Bidder, and any safeguards used to protect the Confidential Information from disclosure. By submitting a proposal, the firm agrees to hold the College harmless from any claim arising from the release of Confidential Information not clearly marked as such by the Bidder or lacking written, detailed justification as supported by CORA.

Thank you for your interest in CMC and this project.

Section VI: CMC Purchase Order Terms & Conditions

1. Offer/Acceptance. If you have submitted a bid/quote/proposal to us this Purchase Order is an acceptance of your offer. If you have not submitted a bid/quote/proposal to us, this Purchase Order is an offer to buy, subject to your acceptance, which must be demonstrated by your written acknowledgement or fulfillment of the specifications in this Purchase Order. To the extent there is any inconsistency between this Purchase Order and your offer or any other agreement, except a duly authorized and signed agreement between the parties, the terms of this Purchase Order shall control. Except as expressly provided herein, this Purchase Order supersedes all prior communications, oral and written.

2. Acknowledgement. Vendor acknowledges that all terms as to quantity, quality, price, time of delivery and other specifications are material elements of this Purchase Order and must be strictly complied with.

3. Quality. The vendor agrees to furnish the products and/or services in strict accordance with the specifications and at the price set forth for each item. None of the terms or specifications stated in this Purchase Order may be added to, modified, superseded or otherwise altered except in writing, signed by an authorized representative of the College Purchasing Department or Executive Office and sent by the College to vendor.

4. Termination Prior to Performance. Purchase Orders may be terminated in writing to the address on the Purchase Order at any time before delivery for the convenience of the College. College also reserves all rights under the Uniform Commercial Code (UCC) Article 2-609 regarding insecurity of vendor’s ability to perform.

5. Termination After Contract Formation or Performance

a. Failure of Vendor to Deliver. In the event that vendor fails to deliver or perform as and when promised, the College reserves the right to cancel its order, or any part thereof, without prejudice to its other rights, and vendor agrees that the College may return all or part of any shipment so made, and may charge vendor with any loss or expense sustained as a result of such failure to deliver or perform as promised.

Time is of the essence.

b. Unless otherwise agreed in writing, in addition to the rights and remedies governing the transaction of goods in the UCC, the Purchasing Director may terminate this Purchase Order in whole or in part, for the convenience of the College. The Purchasing Director shall give written notice of the termination to the vendor specifying the part of the Purchase Order terminated and when termination becomes effective. Upon receipt of the notice of termination, the vendor shall incur no further obligations except to the extent necessary to mitigate costs of performance.

Upon such termination, the College shall pay vendor for all delivered and accepted goods, supplies and services but shall not be liable for any undelivered or unaccepted goods, supplies and services that were previously anticipated under this Purchase Order.

6. Delivery/Inspection/Acceptance

a. Unless otherwise specified in the solicitation or in this order, delivery shall be F.O.B. destination. The title and risk of loss of the goods shall not pass to the College until the College actually receives the goods. All risk of transportation and all related charges shall be the responsibility of vendor.

b. The College is relying on the promised delivery date, installation, and/or service performance set forth in supplier’s bid or proposal as material and basic to the College’s acceptance. If vendor fails to deliver or perform as and when promised, the College, in its sole discretion, may cancel its order, or any part thereof, without prejudice to its other rights, return all or part of any shipment so made, and charge supplier with any loss or expense sustained as a result of such failure to deliver or perform as promised. Time is of the essence.

c. The College shall have the right to inspect and test the goods at delivery before accepting them. If the College elects to inspect or test, successful completion of such inspection and testing shall be a prerequisite to the College’s acceptance. Payment shall not constitute acceptance.

d. The College shall notify the vendor promptly of any damaged goods or goods not in conformity with the terms of this Purchase Order. If any goods are not in conformance with this Purchase Order the College may (1) retain all or any portion of the goods delivered under this Purchase Order and return, at vendor’s sole cost and expense, those goods not retained- all without waiver of any claim the College may have for vendor’s breach including, without limitation, the right to damages and the right to cancel this Purchase Order, (2) rescind this Purchase Order as to such non-conforming goods and the College shall receive a full refund, (3) accept such nonconforming goods at an equitable reduction in price, or (4) reject the nonconforming goods and require delivery of suitable replacements. A breach of this Purchase Order by vendor may, in the College’s sole discretion, constitute a breach by vendor of any other Purchase Order between vendor and the College entitling the College, in addition to any other remedies it may have, to cancel such other Purchase Order.

7. Pricing

a. Prices may not be increased for any reason whatsoever, without the College’s express written consent. If price is omitted on the Purchase Order, vendor’s price will be the lowest prevailing market price.

b. The College will not be charged for postage, packing, or other charges unless specifically set forth on the face of this Purchase Order.

8. Payment. Payment will only be made upon submission of an acceptable invoice dated after the date of the Purchase Order. Payment periods will start from the date of receipt of acceptable invoice or from date of receipt of acceptable merchandise at destination by authorized College agent, whichever is later. Reimbursement for expenses shall only be as pre-approved by the College and shall be submitted and processed per College policy and procedure.

9. Taxes (State Tax Exemption Number 98-00796) (FEIN Number 84-0567768). The College is a statutory local college district in the State of Colorado and is exempt from all Federal taxes under Chapter 32 of the Internal Revenue Code and from all City and State taxes and use taxes.

10. Intellectual Property. All research, data, plans, documents and the like relating to or arising from this Purchase Order are property of the College unless otherwise specified in the Scope of Work. Any reuse without prior written authorization is prohibited.

11. Warranty. Vendor warrants that the goods covered by this Purchase Order are of excellent quality, are safe and fit for their intended purposes, and that such goods and their purchase and use by the College will not infringe upon or violate any patent, copyright, trademark, service mark or other right. Additionally, all provisions and remedies of the Colorado UCC relating to both implied and express warranties are herewith referred to and made a part of this Purchase Order (including that the goods are free from defects in title, workmanship and material, free from defects in design, and of merchantable quality suitable for the purposes of the College). Further, vendor shall deliver to the College at the time of delivery of goods all applicable manufacturer warranties, and other express warranties applicable to such goods. Any vendor providing services shall perform all services in a good and workmanlike manner, to the reasonable satisfaction of the College. Vendor agrees, at its own expense, to diligently correct any work and replace any goods or materials deemed unsatisfactory by the College.

12. Jurisdiction. This Purchase Order shall be construed in accordance with the laws of the State of Colorado. In the event any dispute arises hereunder, the venue for any legal proceedings shall be in Garfield County, Colorado, and vendor hereby submits and agrees to the jurisdiction of the courts therein. The Colorado UCC shall apply to the interpretation and application of this Purchase Order to the extent consistent with the terms herein set forth.

13. Compliance with Laws. Vendor at its expense shall comply with all applicable Federal and State laws, rules, regulations, orders and ordinances from time to time in effect regarding the sale of goods or services under this Purchase Order; and upon reasonable request, vendor at its expense will execute and furnish to the College appropriate written certifications of compliance. The vendor is responsible for obtaining any and all licenses and permits required for the performance of this Purchase Order. Where applicable, such compliance shall include but not be limited to the Colorado Anti-Discrimination Act of 1957, as amended; the Rehabilitation Act of 1973, as amended; the Code of Federal Regulations provisions regarding equal employment opportunity, affirmative action, employment for disabled veterans and veterans of the Vietnam era, and employment of the handicapped; the Anti-Kickback Act of 1986; the Americans with Disabilities Act; and, with all rules, regulations and orders issued thereunder; and FERPA.

14. Independent Contractor. The vendor shall perform its duties hereunder as an independent contractor and not as an employee. Neither the vendor nor any agent or employee of the vendor shall be or shall be deemed to be an agent or employee of the College. Vendor shall pay when due all required employment taxes and income tax withholding including all Federal and State income tax and local head tax on any monies paid pursuant to this Purchase Order. Vendor acknowledges that the vendor and its employees are not entitled to unemployment or workmen’s compensation insurance benefits from College and that College does not pay for or otherwise provide such coverage. Vendor shall have no authorization, express or implied, to bind the College to any agreements, liability, or understanding except as expressly set forth herein. Vendor shall be solely responsible for the acts and omissions of Vendor, its employees, and agents.

15. Assignment. Neither party to this Purchase Order may assign any portion of this agreement without the prior written consent of the other party.

16. Fund Availability. All financial obligations of the College subsequent to the fiscal year, ending June 30, are contingent upon funds for this purpose being appropriated, budgeted, and otherwise made available by the College Board of Trustees. This Purchase Order shall not be deemed to create any multiple-fiscal year direct or indirect debt or other financial obligation whatsoever for purposes of Section 20(4)(b) of Article X of the State Constitution (Amendment 1).

17. Exclusivity. It is expressly understood that this Purchase Order does not grant vendor an exclusive privilege to furnish to the College any or all of the type of products and services, which are the subject of this Purchase Order, which the College may require. The College expressly reserves the right to contract with others for the purchase of products and services comparable or identical to the products and services that are the subject of this Purchase Order.

18. Indemnification. Vendor will indemnify, defend and hold the College harmless from and pay for any loss, damage, judgment, cost or expense (including without limitation, legal fees and court costs) arising out of (i) any actual or alleged death of or injury to any person, any actual or alleged damage to or destruction of any property, or any other actual or alleged damage or loss whatsoever, resulting or alleged to result in whole or in part from any actual or alleged defect in any goods or services covered by this Purchase Order, whether latent or patent and including, without limitation, any actual or alleged failure by such services and goods or the manufacture, possession, use or sale thereof to comply with any law, rule, regulation, ordinance or order; and (ii) any breach by vendor contained in this Purchase Order. Vendor shall be solely responsible for any and all losses, damages, injuries, or expenses, include consequential damages, incurred by vendor in connection with its performance pursuant to this Purchase Order. The College shall not be liable for and shall not indemnify vendor for any such losses, damages, injuries, or expenses.

19. Insurance. In accordance with the policies and procedures of the College, all vendors and service providers must maintain certain insurance and specified limits for the duration of the contract. Vendor represents it carries currently in-force liability insurance as outlined in the College’s Insurance Requirements attached hereto. The College reserves the right to ask for proof of this insurance.

20. Rights and Remedies. The rights and remedies of the College under this Purchase Order are cumulative and not exclusive of any rights or remedies to which the College is entitled by law. The exercise by the College of any right or remedy under this Purchase Order or under applicable law will not preclude the College from exercising any other right or remedy under this Purchase Order or to which the College is entitled by law.

21. CORA. It is understood that the College is a public institution and, as such, is subject to the Colorado Open Records Act, CRS §§ 24-72- 101 et. seq. (“CORA”). Except as otherwise agreed prior to the award or finalization of any vendor transaction, College shall provide upon request by any third party all information pertaining to such transaction which must be disclosed pursuant to CORA, and College’s obligations under CORA supersede its obligations under any agreement, contract, purchase order or negotiated transaction.

22. Workers Without Authorization. Vendor certifies pursuant to C.R.S. § 8-17.5-102(1) that, at the time of proposal submission, it does not knowingly employ or contract with a worker without authorization and that the contractor has participated or attempted to participate in the Basic Pilot Program that is administered by the United States Department of Homeland Security in order to verify that it does not employ any worker without authorization.

23. Sensitive Data. To the extent vendors come in to contact with individual personal data owned or otherwise held by the College as a result of performance under this Purchase Order, vendor agrees to use such data, if at all, only to the extent required to perform its obligations under this Purchase Order, and to abide by the requirements of any federal, state and local laws that address the protection and/or use of such data.

24. Background Checks. If vendor or vendor’s employees or agents (a) are engaged in supervision of or exposure to College students, minors or other vulnerable populations; (b) have access to confidential information, which includes any information protected or restricted by law or College policy or that is expressly identified by the College as confidential information; (c) have access to the College’s information technology systems; or (d) are engaged in activities that involve unique or specialized risks, vendor shall take all commercially reasonable measures to mitigate any risks, which measures may include but are not limited to conducting criminal history checks, financial background checks, or reference checks on such employees or agents.

25. Federal Flowdown Provisions for Federally Funded Contracts and Grants. If this Purchase Order is funded by federal funds, vendor hereby agrees to be subject to all applicable Federal Acquisition Regulations flowdown provisions and agrees to flowdown the applicable clauses to its lower-tier subcontractors, and agrees that the clauses are in effected between it and the College, as applicable.

26. Terms The terms “the College”, “we” and “us” shall refer to Colorado Mountain College, a local college district, the purchaser identified on the front side of this Purchase Order. The terms “vendor” and “you” shall refer to the vendor identified on the front of this Purchase Order.

27. Miscellaneous

a. The invalidity or unenforceability of any provision of this Purchase Order under any present or future law, rule, regulation or ordinance will not affect any other provision of this Purchase Order, and the remaining provisions of this Purchase Order shall continue with the same force and effect as if such invalid or unenforceable provision had not been inserted in this Purchase Order.

b. No term or condition of this Purchase Order shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protection, or other provisions for the parties, of the Colorado Governmental Immunity Act, CRS-24-10-101 et seq. the Federal Tort Claims Act, 28 U.S.C. 2671 et seq. as applicable, as now or hereafter amended.

c. All goods delivered, and labor performed under this Purchase Order shall be free of all liens and, if the College requests, a formal release of all liens shall be delivered to the College.

d. No revision of this Purchase Order shall be valid unless made in writing and signed by a duly authorized representative of the parties.