Final_Gym_Equipment_rental_and_maintenance_9-28-2012--General_Major_Purchase_RFQ_Template_-_Products_Supplies.doc

10-1-2012 Subject:

Request for Quotation (RFQ) – Rental and Maintenance of Gym Exercise Equipment

To Whom it may concern:

Management & Training Corporation (MTC), operator of the Clearfield Job Corps Center, is requesting bids for the rental and maintenance of gym exercise equipment. Please provide a price quote for the following. Please include shipping and handling in the price quote of the following items also listed in Exhibit 1.

1. Health Club Quality Treadmill

2. Health Club Quality Elliptical Cross trainers

3. Health Club Quality Stepper

4. Health Club Quality Smith Machine

5. Health Club Quality Flat to 90 degree Utility Bench

6. Maintenance, service, and repair on all rented equipment listed above

7. Maintenance, service, and repair and all existing equipment in our gym including 70 additional pieces of equipment Please also specify delivery terms and an estimated delivery date.

Items shall be shipped to:

Clearfield Job Corps Center 20 West 1700 South, Building E-8

Attn: Melissa Cox

PO Box 160070

Clearfield, Utah 84016-0070

TERMS

MTC Terms and Conditions

Management & Training Corporation (MTC) terms and conditions, as amended, can be found at: http://www.mtctrains.com/public/uploads/1/2011/1/10/TC_Federal.pdf. It is the vendor's responsibility to verify MTC's current terms and conditions at the time services and/or goods are provided.

Tax Exemption

Clearfield Job Corps Center is exempt from the assessment of sales tax for the purchase of tangible property or services under the provisions of the Workforce Investment Act, U.S. Public Law 105-220 dated August 7, 1998.

North American Industry Classification System (NAICS)

Bidder must self-certify under the following NAICS code (NAICS codes can be found at http://www.census.gov/eos/www/naics/): 532292 Service Contract Act (SCA): Unless Subcontractor is otherwise exempt, this agreement is subject to the provisions of the Service Contract Act of 1965, as amended (see FAR 52.222-41). Please see Certification of Service Contract Act (SCA) Exemption. The SCA only applies to the maintenance and repair portions of this RFQ.

Certification of Service Contract Act (SCA) Exemption This service is subject to the provisions of the Service Contract Act of 1965, as amended (see FAR 52.222-41). The contractor and subcontractors must comply with WD# 2005-2531 (Rev 12) dated 06/13/2012 unless exempted by all the items identified in the declaration outlined below. If this contract includes option year(s) and/or an extension, the contractor shall be notified if the referenced WD# is revised by the Department of Labor. Wage determinations can be found at http://www.wdol.gov.

52.222-53 Exemption from Application of the Service Contract Act to Contracts for Certain Services—Requirements.

All conditions must be met in order for the contract to be exempt from SCA. Please check all that apply.

The vendor certifies that the services performed in the proposed contract are:

____ (1) Services that are offered and sold regularly to non-Governmental customers, and are provided by the contractor to the general public in substantial quantities in the course of normal business operations;

____ (2) Services that are furnished at prices that are, or are based on, established catalog or market prices;

____ (3) Performed by a service employee that will spend only a small portion of his or her time servicing the contract (a monthly average of less than 20 percent of the available hours on an annualized basis, or less than 20 percent of available hours during the contract period if the contract period is less than a month); and

____ (4) Using the same compensation (wage and fringe benefits) plan for all service employees performing work under the contract for these employees and for equivalent employees servicing commercial customers.

Name:

Print Signature:

Authorized Company Representative

Date:

Company:

Phone:

Standard Contract Language for Insurance for

ON-SITE SERVICES

(Except medical)

(Also use for contracted off-site services if staff/students/inmates will be in the vendor’s vehicles, such as for drivers education training and non-govt transportation services, because auto insurance is required for these services) Insurance Contractor shall provide and maintain and cause its subcontractors to provide and maintain the following insurance coverage until obligations under this contract are satisfied:

1. Workers’ Compensation insurance to cover obligations imposed by federal and state statutes having jurisdiction of its employees engaged in the performance of the services represented by this contract, and Employers’ Liability insurance with a minimum limit of $500,000. Evidence of qualified self-insured status shall also suffice for this section.

2. General Liability insurance with a minimum limit of $1 million for each occurrence and an aggregate limit of $3 million.

3. Where appropriate, Comprehensive Automobile Liability insurance with a minimum combined single limit of $1 million per occurrence and in the aggregate.

4. Where appropriate, Professional Liability insurance with a minimum combined single limit of $1 million for each occurrence and an aggregate of $3 million.

For general liability, Contractor shall ensure the insurance policy names MTC as additional insured, as their interests may appear. If the insurance carrier will not add MTC as an additional insured, Contractor shall provide a letter from the carrier stating why this cannot be done.

Failure to procure and maintain the required insurance and provide proof thereof, in the form of an appropriately executed certificate of insurance prior to the effective date of this contract or within ten (10) days following the commencement of a new policy period, shall constitute a material breach of the contract. Contractor shall obtain the required insurance from a provider that is rated A- or better by A.M. Best or as acceptable by MTC.

NOTE: For further consideration, vendors who are unable to meet any of the above insurance requirements should provide a detailed statement as to why they are unable to comply.

Indemnification: Contractor shall defend, indemnify and hold harmless MTC and its officers, directors, employees, agents, shareholders, partners, joint ventures, affiliates, successors and assigns from and against any and all liabilities, obligations, claims, demands, suits, losses, expenses, damages, fines, judgments, settlements and penalties, including, without limitation, costs, expenses and attorneys’ fees incident thereto, arising out of or based upon contract damages, property damage or bodily injury (including death at any time resulting therefrom) to any person, including Contractor’s employees, affiliates, or agents, occasioned by or in connection with (1) Contractor’s performance of (or failure to perform) the contract duties hereunder; (2) a violation of any laws or any negligent act or omission by Contractor or its affiliates, subcontractors, agents or employees during the performance of the contract duties hereunder; or (3) a breach of this Agreement by Contractor or any of its affiliates, subcontractors, agents, or employees. The aforesaid obligation of indemnity shall be construed so as to extend to all legal, defense and investigation costs, as well as all other reasonable costs, expenses and liabilities incurred by the party indemnified, from and after the time at which the party indemnified received notification (whether verbal or written) that a claim or demand is to be made or may be made. Contractor’s obligation under this section does not extend to any liability caused by the sole negligence of MTC.

Please send completed quotations to:

Brian W. Motes Buyer

Management & Training Corporation, Operator of Clearfield Job Corps Center 20 West 1700 South, PO Box 160070 Clearfield, Utah 84016-0070

Phone# 801-416-4260

Fax# 801-784-4198

E-mail motes.brian@jobcorps.org

This RFQ may be awarded to a single bidder or to multiple bidders on an itemized basis. All quotations must be made with this consideration in mind. Bidders who do not want to be considered for anything less than the total RFQ award must clearly specify this in their proposal.

MTC reserves the right to reject any or all bids or waive any formality connected with the bids. MTC will be the sole judge of which bid is the best value and its determination and finding on such decision will be final.

Bids will be received until 5 PM on 10/5/2012.

Sincerely, Brian W. Motes Buyer Mar2012