15-11 Golf Simulator.doc

Worcester State University 486 Chandler Street

Worcester, MA 01602 Bid 15-11

Golf Simulator November 20, 2014 Worcester State University, an agency of the Commonwealth of Massachusetts, is soliciting bids for the purchase of a Golf Simulator for our new Wellness Center that is currently under construction. The equipment will need to be delivered and installed about January 2016. The Commonwealth makes no guarantee that any Commodities or Services will be purchased from any Contract resulting from this BID.

The Bids must be submitted on the forms supplied by the University for receipt NO LATER THAN December 4, 2014 at 2 P.M., at which time they will be publicly opened and read. Mail or deliver bids SEALED AND NOTING “BID # 15-11 - Golf Simulator” TO THE PURCHASING OFFICE AT THE ABOVE ADDRESS. No fax or email responses will be accepted.

Prices quoted must be available for acceptance for sixty (60) days after the anticipated delivery of January 2016 unless otherwise noted in your bid.

All prices must be submitted on a net basis. Cash, trade and quantity discounts to be reflected in bid prices. Delivery free of all charges to Worcester State University, Worcester, MA.

Firm Name:

Contact Individual:

Address:

Telephone:

Fax: _________________________________

E-mail:

By:

(SIGN YOUR BID IN INK)

Date:

___ I have received and reviewed the Bid and all amendments to Bid #15-11.

Bid #15-11 Description: The University would like to purchase a new Golf Simulator for the Wellness Center currently under construction.

The University reserves the right to accept the proposal deemed best for the Commonwealth of Massachusetts and the University. Upon inspection at the time of delivery, any materials not in accordance with specifications will be returned at the Contractor’s expense.

Schedule of Events

Bid Posted on CommBuys

November 20, 2014 by 5:00 PM

Questions due

November 24, 2014 by 2:00 PM

Responses Posted on CommBuys

November 25, 2014 by 5:00 PM Sealed Bids Due

December 4, 2014 by 2:00 PM

Award Date

December 10, 2014 by 5:00 PM Deliver, Install and Train

Approximately January 2016 Bids will be publically opened in the Administration Building, Room 330 at 2:00 PM on December 4, 2014. Late bids will not be accepted.

All questions to be forwarded to Brenda Bussey by email (bbussey@worcester.edu) no later than 2:00 PM on November 24, 2014.

If at the time of the scheduled bid opening, Worcester State University is closed due to uncontrolled events such as fire, snow, ice, wind, or building evacuation, the bid opening will be postponed until 2:00 PM on the next normal business day. Bids will be accepted until that date and time.

Requirements:

Worcester State University is currently inviting competitive bids for the purchase of a golf simulator as outlined in Attachment A. Any deviations from the exact specifications must be noted in the bid. Determination of suitability shall be at the sole discretion of the University. Price should include all equipment, delivery and installation costs. The University is sales-tax exempt: price should not include any sales tax.

If additional funding becomes available, other options may be negotiated at a later date.

Any reference to a particular trademark, trade name, patent, design, type, specification, producer or supplier is not intended to restrict this BID to any manufacturer or proprietor or to constitute an endorsement of any commodity or service. The department will consider clearly identified offers of equivalent commodities and services submitted in response to such reference. Please be sure to include all cut sheets and specifications for alternative products. Determination of alternative’s suitability shall be at the sole discretion of the University.

Warranty:

Equipment must include a minimum warranty of one (1) year parts and one (1) year labor. Service to be performed by Manufacturer Authorized Service technicians with a response time of no more than 24 hours. Please indicate any additional warranty beyond one-year.

Submission Instructions:

Proposals must be submitted on pages 1 and 4 of this BID. Bidder must also provide three references on Attachment B and provide the Prompt Pay Discount form. Failure to submit all the required forms may result in rejection of the bid.

Should the bidder find discrepancies in or omissions from the specifications, or shall be in doubt as to their meaning, he/she shall at once notify the University by email. The University will not be responsible for any oral instructions. In turn, if the University desires, it will post responses on CommBuys. Any bulletins and/or addenda issued during the time of bidding are to be covered in the proposal and closing the contract thereof.

The Contractor shall execute a W-9 Taxpayers ID number and Commonwealth Terms and

Conditions within 5 working days of receipt of notification of award from the University.

Equipment Pricing Summary Sheet Total Price

Payment Terms (Must be N30 or longer unless a Prompt Pay Discount is offered) ______________ Deviations from Specifications: ________________________________________________________

Length of Warranty period if greater than one (1) year parts and labor: ________________ Annual Maintenance Agreement beyond the minimum warranty period, all parts and labor included unless specified in response:

Year 2: $_______________________

Year 3: $_______________________

Year 4: $_______________________

Maximum Guaranteed response time for service calls: ____________________________ Delivery required approximately January 2016. Pricing must be held for sixty (60) days beyond anticipated delivery date. The exact date will be determined. Please confirm that this is acceptable:

Vendor Name

Authorized Signature

Date

General Specifications:

The terms of 801 CMR 21.00: Procurement of Commodities and Services are incorporated by reference into this bid. Words used in this bid shall have the meanings defined in 801 CMR 21. Additional definitions may also be identified in this BID. Unless otherwise specified in this BID, all communications, responses, and documentation must be in English, all measurements must be provided in feet, inches, and pounds and all cost proposals or figures in U.S. currency. All times listed are Eastern Standard Time. All responses must be submitted in accordance with the specific terms of this BID. No electronic responses may be submitted in response to this BID.

1. General Information

Bidder Communication: Bidders are prohibited from communicating directly with any employee of the University except as specified in this BID, and no other individual employee or representative is authorized to provide any information or respond to any question or inquiry concerning this BID. Bidders may email the contact person for this BID in the event this BID is incomplete or the bidder is having trouble obtaining any required attachments electronically through CommBuys.

Reasonable Accommodation: Bidders with disabilities or hardships that seek reasonable accommodation, which may include the receipt of BID information in an alternative format, must communicate such requests in writing to the contact person. Requests for accommodation will be addressed on a case-by-case basis. A bidder requesting accommodation must submit a written statement that describes the bidder’s disability and the requested accommodation to the contact person for the BID. University reserves the right to reject unreasonable requests.

Public Records: All responses and information submitted in response to this BID are subject to the Massachusetts Public Records Law, M.G.L., Chapter 66, Section 10, and to Chapter 4, Section 7, Subsection 26. Any statements in submitted responses that are inconsistent with these statutes shall be disregarded.

Best Value Selection and Negotiation: The University may select the response that demonstrates the best value overall, including proposed alternatives that will achieve the procurement goals of the department. The University and a selected bidder, or a contractor, may negotiate a change in any element of contract performance or cost identified in the original BID or the selected bidder’s or contractor’s response that results in lower costs or a more cost effective or better value than was presented in the bidder’s or contractor’s original response.

Costs: Costs that are not specifically identified in the bidder’s response, and accepted by a department as part of a contract, will not be compensated under any contract awarded pursuant to this BID. The Commonwealth will not be responsible for any costs or expenses incurred by bidders responding to this BID.

CommBuys: This BID has been distributed electronically using the CommBuys system. BID attachments that are referenced are available in the CommBuys Forms and Information section: https://www.commbuys.com/bso/. Bidders are solely responsible for obtaining and completing the required attachments that are identified in this BID and for checking CommBuys for any addenda or modifications that are subsequently made to this BID or attachments. The Commonwealth and its subdivisions accept no liability and will provide no accommodation to bidders who fail to check for amended BIDs and submit inadequate or incorrect responses. Bidders are advised to check the COMBUYS posting after the responses to questions have been posted to ensure that they have the most recent information. Bidders may not alter (manually or electronically) the BID language or any BID component files. Modifications to the body of the BID, specifications, terms and conditions, or that change the intent of this BID are prohibited and may disqualify a response.

Prompt Payment Discounts (PPD): All bidders responding to this procurement must agree to participate in the Commonwealth Prompt Payment Discount (PPD) initiative for receiving early and/or on-time payments, unless the bidder can provide compelling proof that it would be unduly burdensome. PPD benefits both Contractors and the Commonwealth. Contractors benefit by increased, usable cash flow as a result of fast and efficient payments for commodities or services rendered.

Bidders must submit agreeable terms for Prompt Payment Discount offerings using the PPD offering form within their proposal, unless otherwise specified by the University. The University will review, negotiate or reject the offering as deemed in the best interest of the Commonwealth.

The requirement to use PPD offerings may be waived by the University on a case-by-case basis if participation in the program would be unduly burdensome on the bidder. If a bidder is claiming that this requirement is a hardship or unduly burdensome, the specific reason must be documented in or attached to the PPD offering form. The University will consider such requests on a case-by-case basis.

Bidders must note their prompt pay discount on their invoices. The turn-around time for payments will be measured from a) date services were rendered, goods received or b) receipt of a valid and accurate invoice, whichever is later.

Northern Ireland Notice and Certification: All bidders agree to abide by the Northern Ireland Notice and Certification under M.G.L. c.7 section 22C, which states that no state agency may procure commodities or services from any bidder employing ten (10) or more employees in an office or other facility located in Northern Ireland unless the bidder certifies through the notice and certification form that if it employs ten or more employees in Northern Ireland, a) the bidder does not discriminate in employment, compensation or the terms, conditions and privileges of employment on account of religious or political belief, b) the bidder promotes religious tolerance within the workplace and the eradication of any manifestations of religious and other illegal discrimination and, c) the bidder is not engaged in the manufacture, distribution or sale of firearms, munitions, including rubber or plastic bullets, tear gas, armored vehicles or military aircraft for use or deployment in any activity in Northern Ireland.

Subcontracting Policies: Prior approval of the department is required for any subcontracted service of the contract. Contractors are responsible for the satisfactory performance and adequate oversight of its subcontractors. Subcontractors are required to meet the same state and federal financial and program reporting requirements and are held to the same reimbursable cost standards as contractors.

Affirmative Market Program (AMP): Massachusetts Executive Order 390 established a policy to promote the award of state contracts in a manner that develops and strengthens Minority and Women Business Enterprises (M/WBEs). As a result, M/WBEs are strongly encouraged to submit responses to this BID, either as prime vendors, subcontractors, joint venture partners or other type of business partnerships.

Non-certified bidders are strongly encouraged to develop creative initiatives to help foster new business relationships with M/WBEs within the primary industries affected by this BID. In order to satisfy the compliance of this section and encourage bidder’s participation of AMP objectives, the Affirmative Market Plan for large procurements greater than $50,000 must be evaluated at 10% or more of the total evaluation. Once an AMP Plan is submitted, negotiated and approved, the agency will then monitor the contractor’s performance, and use actual expenditures with SOMWBA certified contractors to fulfill their own AMP expenditure benchmarks. M/WBE participation must be incorporated into and monitored for all types of procurements regardless of size; however, submission of an AMP Plan is mandated only for large procurement over $50,000.

Agencies may require some or all of the following components as part of the Affirmative Market Program Plan submitted by bidders: Sub-contracting with certified M/WBE firms, Growth and Development activities to increase M/WBE capacity, Ancillary use of certified M/WBE firms, Past Performance or information of past expenditures with certified M/WBEs. Agencies are encouraged to include additional incentives for bidders to commit to at least one certified MBE and WBE in the submission of AMP plans.

M/WBEs are required to submit an up to date copy of their State Office of Minority and Women Business Assistance (SOMWBA) certification letter.

A Minority Business Enterprise (MBE), Woman Business Enterprise (WBE), M/Non-Profit, or W/Non-Profit, is defined as such by SOMWBA. All certified businesses are required to submit an up to date copy of their State Office of Minority and Women Business Assistance (SOMWBA) certification letter. The purpose for this certification is to participate in the Commonwealth’s Affirmative Market Program for public contracting. Minority- and Women-Owned firms that are not currently certified but would like to be considered as an M/WBE for the purpose of this BID should submit their application at least two weeks prior to the BID closing date. For further information on SOMWBA certification, contact their office at 1-617-727-8692 or via the Internet at www.ma.gov/somwba.

Affirmative Market Program Subcontracting Policies: Prior approval of the agency is required for any subcontracted service of the contract. Agencies may define required deliverables including, but not limited to, documentation necessary to verify subcontractor commitments and expenditures with Minority- or Women-Owned Business Enterprises (M/WBEs) for the purpose of monitoring and enforcing compliance of subcontracting commitments made in a bidder’s Affirmative Market Program (AMP) Plan. Contractors are responsible for the satisfactory performance and adequate oversight of its subcontractors. Subcontractors are required to meet the same state and federal financial and program reporting requirements and are held to the same reimbursable cost standards as contractors.

Indemnification: Unless otherwise exempted by Massachusetts law, the contractor shall indemnify and hold harmless the State, its agents, officers and employees against any and all claims, liabilities and costs for any personal injury or property damages, patent or copyright infringement or other damages that the State may sustain which arise out of or in connection with the Contractor’s performance of a Contract, including but not limited to the negligence, reckless or intentional conduct of the contractor, its agents, officers, employees or subcontractors. The Contractor shall at no time be considered an agency or representative of the Department or the State. After prompt notification of a claim by the State, the Contractor shall have an opportunity to participate in the defense of such claim and any negotiated settlement agreement or judgment. The State shall not be liable for any costs incurred by the Contractor arising under this paragraph. Any indemnification of the Contractor shall be subject to appropriate and applicable law.

Brand Name or Equal: Unless otherwise specified in this BID, any reference to a particular trademark, trade name, patent, design, type, specification, producer or supplier is not intended to restrict this BID to any manufacturer or proprietor or to constitute an endorsement of any commodity or service, and the department may consider clearly identified offers of substantially equivalent commodities and services submitted in response to such reference.

Alternatives: A response that fails to meet any material term or condition of the BID, including the submission of required attachments, may lose points or be deemed unresponsive and disqualified. Unless otherwise specified, bidders may submit responses proposing alternatives that provide equivalent, better or more cost effective performance than achievable under the stated BID specifications. These alternatives may include related commodities or services that may be available to enhance performance during the period of the contract. The response should describe how any alternative achieves equivalent or better performance to that of the BID specifications.

The University will determine if a proposed alternative method of performance achieves equivalent or better performance. The goal of this BID is to provide the best value of commodities and services to achieve the procurement goals of the department. Bidders that propose discounts, uncharged commodities and services or other benefits in addition to the BID specifications may receive a preference or additional points under this BID as specified.

Contractors may also propose alternatives for equivalent, better or more cost-effective performance than specified under the Contractor’s original response to enable the department to take advantage of enhanced technologies, commodities or services that become available during the term of the contract.

Contract Expansion: If additional funds become available during the contract duration period, the department reserves the right to increase the maximum obligation to some or all contracts executed as a result of this BID or to execute contracts with contractors not funded in the initial selection process, subject to available funding, satisfactory contract performance and service or commodity need.

Pricing: The bidder must agree that no other customer of similar size and similar terms and conditions shall receive a lower price for the same commodity and service during the contract period, unless this same lower price is immediately effective for the Commonwealth. The bidder must also agree to provide current or historical pricing offered or negotiated with other governmental or private entities at any time during the contract period upon the request of the contract manager.

Emergency Standby Commodities and/or Services: Due to a declaration of a state of emergency where the safety and well-being of Commonwealth citizens are at risk, the Commonwealth of Massachusetts may request specific commodities and/or services from its Contractors. Contractors may be called upon to supply and/or deliver to the Commonwealth on a priority basis such commodities and/or services currently under contract.

Such accommodations may be requested from a Contractor during an actual emergency. To accommodate such requests, Contractors may be requested and must make every effort to service these requests to the best of their ability from regular sources of supply at the rates set forth in any standard contract resulting from this BID.

Warranty: Unless otherwise specified or negotiated and accepted by both the successful bidder and the department, this contract will assume the following warranty: All work, material and labor performed under this contract shall be guaranteed to the owner by the contractor for a period of one (1) year or the manufacturer’s warranty (whichever is greater) from the date of final acceptance. Final acceptance date is 30 days after delivery and complete satisfactory operational performance. In addition, the contractor shall pay for freight charges for all items that are returned under warranty.

Return Policy: The bidder must include their written return policy with their responses. Replacements will be delivered as in accordance with the department’s request. If no return policy is specified and therefore accepted as part of this contract, then their contract will assume that the department can return items to the contractor for up to one year for a full refund. In addition, there will be no charge for returns, e.g., freight, re-stocking, etc.

Shipping, Freight, Delivery, Handling or Fuel Charges: Delivery will be F.O.B. destination with no shipping, freight, delivery, handling, fuel charges or any other additional charge not included in the bid. Payments of this nature will not be processed under this contact.

Cost plus percentage: Outright purchases will be priced on a cost plus percentage basis. If a bidder will offer outright purchases, they will state in their response what their percentage of mark up will be. The contractor will be required, when requested by the department, to provide a copy of their manufacturer’s invoice in order for the department to verify that the mark up percentage was accurate and in accordance with their response. This documentation will be provided to the department no later than within five (5) business days upon the department’s request. The referencing invoice will not be processed for payment until accurate back up is provided to the department. This requirement may also be a part of the contract performance evaluation.

Purchase Order Numbers: Contractors will be responsible for obtaining an approved purchase order number from the procuring fiscal department for all services and/or outright purchases. This purchase order number should appear on all correspondence such as the invoice, packing slip or work order. No service or delivery shall be performed unless an approved purchase order number is assigned or unless an authorized employee has expressed that the purchase of item or service is an emergency. In the case of an emergency, the contractor shall immediately call the appropriate fiscal office for verification on that day or the next business day, if it is on a weekend or holiday.

Payment: Invoices should be sent to the Accounts Payable Department after the delivery or service performance. Invoices may be emailed to accountspayable@worcester.edu. Invoices shall be date stamped when received by the department. It is highly encouraged that the contractors attach the work order or delivery slip that is signed by the receiving department.

Order Receipt and/or Work Completion Receipt: The contractor is required to obtain department employee signatures as verification of shipment and/or work completion. It is highly encouraged that a copy of said document is attached to their invoice. Work orders or work completions shall state the number of hours and the exact times in which the contractor performed their service.

Terms and Conditions: The department is not obligated and should not complete, sign or execute any vendor’s contract or other terms and conditions. It must be clearly understood that the Massachusetts Terms and Conditions supersede any contractor or vendor contract, invoice or other terms and conditions. If, by chance, any said contractor or vendor contracts, invoices or other terms and conditions are signed, it is immediately considered void.

Bid/Response Rejection: The University reserves the right to reject any or all bids (responses), in whole or in part and for any reason deemed necessary.

Contract Termination: The University reserves the right to amend or terminate the contract in whole, or with any number of contractors, with or without cause, at any time, without prior notice and upon any time felt necessary by the department.

BID 15-11

Golf Simulator