12-26-10 HVAC Parts Supplies - Scope-Specification.pdf

2.0 PURPOSE AND INTENT

The County of Bergen is looking to establish a catalog bid for the supply of repair parts and various HVAC supplies for use in the maintenance of heating, ventilation and air conditioning (HVAC) systems for the County of Bergen, various using agencies.

The intent of this RFB is to award contracts per brand to those responsible Bidders whose proposals, conforming to this RFB are most advantageous to the County. The County however, reserves the right to separately procure individual requirements that are the subject of the contract during the contract term, when deeming by the Purcahsing Agent to be in the best interest of the County.

Bergen County's General Terms and Conditions (BCGTC) will apply to all contracts or purchase agreements made by the County as per the New Jersey Contracts Law, except that these terms and conditions set forth in the Scope of the Bid and should be read in conjunction with them unless the scope specifically indicates otherwise.

The County intends to extend the contract(s) award to the County of Bergen Cooperative Members #CK04

- New Jersey Cooperative Purchasing Alliance (NJCPA). In order for the County contract pricing to be extended the Bidder must agree to the extension by answering Yes to the Cooperative Section herein. The County makes no representation as to the acceptability of any County Bid terms and conditions under the Local Public Contracts Law or any other enabling statute or regulation.

NEW JERSEY COOPERATIVE PURCHASING ALLIANCE - #CK04 & #11BECCP

BC-BID-26-10 HVAC - PARTS & SUPPLIES

3.0 COMMODITY DESCRIPTION/SCOPE OF WORK

3.1 GENERAL

This specification is general in nature and does not include all varieties of HVAC repair parts which may be available to, or required by, Using Agencies. Examples of repair parts to be purchased under any contracts resulting from this RFB include temperature and pressure controls, fluid and steam valves, regulators, HVAC motors, impellers, instruments, gauges, thermostats and boiler and oven controls. Component parts such as relays, circuit card assemblies and switches for the repair of larger sub-assemblies within HVAC systems are included under the contract.

IMPORTANT: Neither capital equipment nor maintenance/installation services are permitted under this contract. Any such equipment or maintenance/installation services provided by the contractor will result in the cancellation of its contract. In addition, the State may impose a further penalty by refusing payment for any equipment or maintenance/installation services provided in violation of the contract terms.

The Contractor must provide new parts of current manufacturer. Discontinued or re-manufactured parts are not permitted.

The Contractor is not permitted to substitution of brand items under the contracts awarded. Contractors shall only supply the brand items awarded. See section

3.3.2 for information on the penalties to contractors who sell material not covered under the contract.

3.1.1 AUTHORIZED BRANDS

Contractors are only authorized to supply the following brands. The brands permissible under this contract are based on the Using Agencies input and spend reports.

Acroaire Maid-O-Mist Armstrong McQuay AO Smith Modine ASCO Nibco Bell & Gossett Parker Brass Products Bellimo Powers Carrier Quincy Copeland Robertshaw Crane Valves Sanyo Fasco Sarco Federal Pump Schneider Electric Honeywell Spence Ingersoll Rand Taco Invensys Tecumseh Johnson Controls Trane Lawson Watts Little Giant

3.2 DELIVERY

The Contractor shall deliver items to the Using Agency between the hours of 8:00 AM and 4:00 PM during regularly scheduled work days.

Delivery shall be made within fifteen (15) working days after receipt of order (ARO) for routine orders. For emergency orders, Contractors shall provide delivery within twenty-four (24) hours for all but special order parts. Any exceptions to these delivery guidelines require the prior agreement of the Using Agency.

All deliveries shall be F.O.B. destination with no delivery or fuel charges accepted.

The Contractor shall be responsible for the delivery of material in first class condition at the Using Agency’s point of delivery, and in accordance with good commercial practice.

3.2.1 ITEMS ORDERED AND DELIVERED

The Using Agencies are authorized to order and the Contractors are authorized to ship only those items covered by the contracts resulting from this RFB. The County reserves the right to periodically audit the Using Agencies purchases and the Contractors sales records to identify any potential contract abuses. If a review of orders placed by the Using Agencies reveals that material other than that covered by the contract has been ordered and delivered, such delivery shall be a violation of the terms of the contract and may be considered by the Director as a basis to terminate the contract and/or as a basis not to award the contractor a subsequent contract. The Director may take such steps as are necessary to have the items returned by the Agency, regardless of the time between the date of delivery and discovery of the violation. In such event, the Contractor shall reimburse the County the full purchase price. For Using Agencies, The County may reduce or eliminate a vendor in its entirety for contract abuses.

The contract involves items which are necessary for the continuation of ongoing critical State services. Any delay in delivery of these items would disrupt County services and would force the County to immediately seek alternative sources of supply on an emergency basis.

Timely delivery is critical to meeting the County's ongoing needs.

3.3 WARRANTY

a) The Contractor is responsible for the quality, technical accuracy, timely completion and delivery of all deliverables and other services to be furnished by the Contractor under the Contract. The Contractor agrees to perform in a good, skillful and timely manner all services set forth in the Contract.

b) The Contractor shall, without additional compensation, correct or revise any errors, omissions, or other deficiencies in its services and deliverables furnished under the Contract. The approval of interim deliverables furnished under the Contract shall not in any way relieve the Contractor of fulfilling all of its obligations under the Contract. The acceptance or payment for any of the services rendered under the Contract shall not be construed as a waiver by the County or Agency, of any rights under the agreement or of any cause of action arising out of the Contractor’s performance of the Contract.

c) The acceptance of, approval of or payment for any of the services performed by the Contractor under the Contract shall not constitute a release or waiver of any claim the County or Agency, has or may have for latent defects or errors or other breaches of warranty or negligence.

All repair parts shall carry the manufacturer’s standard warranty and/or guarantee.

3.4 PACKAGING AND SHIPPING

The Contractor shall protect the product adequately and insure safe shipment and delivery.

The Contractor shall mark the shipping cases to show the name of the supplier, name and address of receiving agency and the County/agency purchase order number.

The Contractor shall provide one itemized packing list with all shipments.

For standard, non-special order parts, restocking charges for returned materials are not permitted.

The contractor shall be responsible for informing the using agency of an item’s special order status and for assuring the agency’s agreement to restocking charges in the event of a material return. It is mandatory this be established before order acceptance.

3.5 REPLACEMENT OF UNSATISFACTORY PRODUCT

In the event the product supplied is, in the opinion of the County or any Using Agency, not giving satisfactory performance or requires an excessive amount of remedial maintenance, the Contractor shall remove and replace the defective unit(s) as per the original RFB specifications. This will be done within ten (10) days after receiving written notice from the State. There will be no cost to the County. Failure to comply may result in the said unit(s) being canceled from the contract and similar units obtained from another contract vendor with transportation and installation costs borne by the original contractor.

3.6 ADDITION OF NEW ITEMS

The Contractor may add new products to a product line. To apply, the contractor must write to the procurement specialist of record stating that a new item is available along with supporting documentation. The Contractor must also provide in its letter, the brand, model #, precise and clear description of the product and the price to the County. The County will not be able to approve any new products without all the above information.

3.7 REPLACEMENT OF DISCONTINUED PRODUCTS

The Contractor may offer replacement products for any manufacturer discontinued item in its contract. All replacement products must be approved by the County.

The Contractor must write to the buyer of record stating that an item has been discontinued by the manufacturer along with supporting documentation from that manufacturer that the item has been discontinued. The Contractor must provide in its letter the model # of the new product being offered, detailed literature, along with the net price of that product. The County will not be able to approve a replacement of a discontinued item without all of the above information.