6-RFB Notices, Terms, and Conditions.docx

MPS RFB Notices, Terms and Conditions

RFB Notices, Terms, and Conditions Respondent understands and agrees to the following notices, terms, and conditions:

Questions/Addendum

1. The only permissible communication regarding this RFB with MPS staff, including any and all questions and requests for clarification, must be directed in writing via Bonfire. Any other communication to, or contact with, an MPS staff member regarding this RFB by bidder will be considered unauthorized and a cause for rejection of a respondent’s proposal.

2. Respondent is expressly prohibited from offering gratuities of any kind – including meals, gifts, and trips – to officers, employees, or agents of MPS. Vendor incentives should be expressed in terms of quality, service, and price in their quotations. Violation of these conditions will constitute immediate disqualification from contract award. Unsolicited product samples and/or samples provided in excess of requested quantity and type may be considered gifts.

3. Answers to submitted questions, as well as any additional information or clarifications to the RFB, will be provided in the form of addendum on Bonfire. CCS may engage in vendor-specific conversations regarding requirements, but any general information relevant to all vendors generated by these conversations will be published in an addendum.

4. It is it is the sole responsibility of the Respondent to check Bonfire for any addenda that may be issued. Addenda will not be otherwise communicated to prospective bidders and no other response to the emailed questions will be received by the sender. In the event of any conflict with the RFB, addenda shall govern.

BID

5. The items specified in this RFB will be used for bid evaluation and award purposes only. MPS reserves the right to purchase like-items from the bid awardee at like discounts.

6. Orders will be placed by end users for quantities as needed. Quantities listed are merely an estimate for the term of the contract. MPS does not guarantee the amount that will actually be purchased. Bidders must be officially authorized to sell and distribute the items identified in the bid.

Pricing

7. Any increase must be memorialized, prior to its effective date, in the form of a writing signed by authorized signatories of both parties.

8. Any discount quoted will be applied in determining the final bid price. However, payment discounts of less than 20 days will not be considered.

9. Discounts will be calculated from the date the purchased item is received or the date the properly submitted invoice is received, whichever is later.

10. Respondent understands and agrees that, except as otherwise required by law, it has not and will not knowingly disclose the prices in the offer, directly or indirectly, to any other respondent or competitor before contract award.

11. Respondent understands and agrees that it has not made and will not make any attempt to induce any other party to submit or not to submit an offer for the purpose of restricting competition.

Price Increase

12. Prices quoted must be firm for one year, after which an escalator may be invoked if vendor’s price has increased. Any request for a price increase must be made in writing to the Director of Procurement and Risk Management at least 60 days in advance of the effective date of the increase and verified by a letter from the supplier and/or published price sheets. Any price increase will be based on product cost only and will not exceed 10% of the bid unit price at any time.

De-Escalation

13. Any de-escalation in price will be passed on to MPS. Vendors are obligated to treat price decreases as equally as price increases during the term of the contract.

Terms and Conditions

14. All items bid must be F/O/B/ to the MPS location receiving the goods, with freight paid by the bidder.

15. By submitting this bid, respondent agrees to furnish items described at the unit prices quoted, subject to the Milwaukee Public Schools ("MPS") Terms and Conditions for Bids dated April 14, 2014, found at http://mps.milwaukee.k12.wi.us/en/District/Vendors-Contractors/Vendors/Terms--Conditions.htm, which are hereby incorporated by reference.

16. All items shipped must be accompanied by a packing list, to include the following minimum detail: shipping address; order date; itemized list of shipped items; quantity of each item; SKU, UPC, or other product identification number, as applicable; PO number.

17. In the event of a conflict between any terms contained in this RFB and the Terms and Conditions for Bids dated April 14, 2014, the terms and conditions of this RFB will govern.

18. Invoices will be expected monthly; however, other “Standard Operating Procedures” with respect to ordering, invoicing, auditing, service-level expectations and conflict resolution processes may be developed during the term of the Contract.

19. MPS attempts to pay all invoices within 30 days of a properly submitted invoice. State prompt pay law will not apply to the Contract awarded as a result of this bid or any purchase there under.

20. No amendment or modification of any provision of the Contract will be effective unless the same will be in writing and signed by authorized signatories of both parties.

21. MPS will neither sign a vendor’s contract nor will be bound by any terms and conditions included in vendor’s packaging, service catalog, brochure, technical data sheet or other document which attempts to impose any conditions at variance with or in addition to the terms and conditions contained herein.

Award Statement

22. The Director of Procurement & Risk Management, or his/her designee, will be the final judge as to whether an item meets the specifications for this RFB.

23. An award will be made to the lowest responsible and responsive bidder, for each line item or total bid, as applicable. Methodology for calculation of bid and award is described in the bid table for this RFB under the instructions tab.

24. MPS will not check a bidder’s math if an apparent low bidder makes a mathematical or data entry error in completion of the bid table, and/or if bidder makes an error in interpretation of bid table instructions; MPS will interpret an error in the manner most beneficial to MPS.

Resulting Contract

25. If the bid is accepted and an award made, this RFB and any documents incorporated by reference will constitute the entire contract between MPS and Contractor concerning the subject matter herein and supersede any prior proposals, negotiations, conversations, discussions and contracts among the parties. MPS will not sign any form or contract offered by respondent.

26. The following documents are herein expressly incorporated by reference to this RFB: the MPS Terms and Conditions for Bids dated April 14, 2014; and the awarded bidder’s responsive bid. In the event of a conflict of terms, the order of priority will be: (1) the RFB; (2) the MPS Terms and Conditions for Bids dated April 14, 2014; and (3) the awarded bidder’s responsive bid.

Reservation of Rights

27. MPS reserves the following rights:

a) To make a partial award.

b) To make no award.

c) To award multiple respondents.

d) To reject all proposals received in response to this RFB

e) To award the bid to a bidder bidding an equal product so long as, in the sole discretion of the Director of Procurement & Risk Management, or his/her designee, any deviations are non-material.

f) To reject any part of the bids not meeting the specifications set forth herein.

g) To waive any irregularities and technicalities and may, at its sole discretion, request a clarification or other information to evaluate any or all bids.

h) To award the contract by lot or by individual item as MPS deems appropriate, unless otherwise specified.

i) To re-award the contract to the next lowest, responsive bidder in the event the bidder to whom a bid is awarded defaults in executing the formal agreement.

j) To waive a minimum proposal requirement

k) To waive irregularities in any proposal

l) To accept late proposals or improperly formatted proposals

28. Respondent understands and agrees that it is in the best interest of MPS, to accept or reject any and all portions thereof, select the next most responsive bid, or if necessary issue a new solicitation document or take other action as MPS deems appropriate.

Contract Compliance Services (CCS) Requirements

29. Respondent understands and agrees to the CCS requirements as listed in the Contract Compliance Services Requirements.

Appeals

30. MPS' appeals regarding MPS’s procurement process are handled by the Office of Accountability and Efficiency. Details on appeals can be found at http://mps.milwaukee.k12.wi.us/MPS-English/OBG/OAE/Policies-and-Laws/Bid_RFP-Appeals-Form.pdf.

Substitute or Alternate Options

31. If offering a substitute or alternate other than the model specified, descriptive literature must be included with the bid for bid evaluation purposes. In addition, it is the responsibility of the bidder to indicate specification compliance of the substitute or alternate bid compared to the model specified in the RFB.

32. Failure to include, with the bid, descriptive literature and verify specification compliance for each item shall result in bid rejection. Whether the substitute or alternate is acceptable will be determined at the sole discretion of the Director of Procurement & Risk Management or his/her designee.

33. In the event that the model bid is discontinued during the contract period, vendors shall be obligated to replace the bid model with an equivalent “like” model of the same brand for the bid price or less. Vendor shall provide documentation regarding the replacement model for approval of the Director of Procurement & Risk Management, or his/her designee Minimum Respondent Qualifications

34. Respondent attests that item(s) quoted comply with all specifications and contain no deviations, and that respondent meets or will comply with all the minimum bid requirements identified in this bid.

35. MPS will determine whether proposals have met the minimum bid requirements as described in this RFB. Only those proposals passing all of the minimum bid requirements, unless waived, will be passed on for evaluation according to the criteria.

36. MPS reserves the right, in its sole discretion and if deemed in the best interest of MPS, to: waive a minimum proposal requirement; waive irregularities in any proposal; reject all proposals received in response to this RFB; accept late proposals or improperly formatted proposals; and make a partial award or not make any award.

Technology

37. Respondent understands and agrees that bids which include technology based components must meet the requirements of the MPS Department of Technology.

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