IFB-CM-15-001 Laundry and Ware Wash Products- BW- 8-26-14.pdf

IFB-CM-15-001 1

STATE OF COLORADO

INVITATION FOR BID (IFB) and RESPONSE COVER SHEET TITLE: Laundry and Ware Wash Products

Per the attached specifications, terms and conditions.

Date: 8/26/14, Tuesday IFB Number: IFB-CM-15-001

Submit Bid to:

State of Colorado Department of Personnel & Administration State Purchasing Office 1525 Sherman Street, 3rd Floor Denver, CO 80203

Sourcing Specialist:

Cheri Miller

IFB Due Date: 9/12/14, Friday IFB Due Time:

1:00 PM

Mountain Time

INSTRUCTIONS:

Bidder completes this Cover Page, signs in BLUE INK, and submits with its proposal.

Bidder must be registered with the State of Colorado VSS by the closing date/time of the Solicitation.

Bidder F.E.I.N.: Payment Terms:

(Minimum of Net 30) Delivery Date:

Authorized Signature:

Signature acknowledges acceptance of all terms and conditions of the solicitation.

Typed/Printed Name and

Title:

Legal Company Name:

Doing Business As:

Address:

City: State: Zip:

Phone Number: Fax Number:

Contact for Clarifications:

Title:

Phone Number: Fax Number:

E-mail Address:

IMPORTANT NOTE: The following must be on the outside of the sealed Bid Envelope/Container:

Bidder Name, Solicitation Number, Closing Date, Closing Time, Bidder’s Email Address

Note: Telegraphic or electronic bids (Fax, Western Union, Telex, e-mail, etc.) cannot be accepted directly in the State Purchasing Office as a sealed bid for the original bid. Bidders are urged to read the solicitation document thoroughly before submitting a bid.

Bidder to answer and acknowledges by its signature above:

- Confirm that you are aware that the award notice will be published on ColoradoVSS: ____ Yes

- My company is registered on VSS: _____Yes / _____No

- Proprietary Information: is in my response and as segregated pages: _____Yes / _____No

- Registered with the Colorado Secretary of State ____No / ____Yes, and #________________________

- Bidder proposes using Subcontractors for this project: _____Yes / _____No

- Bidder has reviewed Modifications made to this IFB – list the Modification # last reviewed: _____.

- Bidder has reviewed Section 1.18, Protested Solicitations and Awards: _____Yes Colorado Revised Statutes Title 24, Article 109, Entitlement to Cost, in part states: “When a protest is sustained administratively or upon administrative or judicial review and the protesting bidder or offeror should have been awarded the contract under the solicitation but, due to defect in the solicitation, was not, the protestor shall be entitled to the reasonable costs incurred in connection with the solicitation, including bid preparation costs. No other costs shall be permitted and reasonable costs shall not include attorney fees.”

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This Solicitation is made up of the following sections:

1. Administrative Information and Instructions for Bidders Page 3

2. Background, Overview, and General Page 8

3. Statement of Work Page 10

4. Format & Bid Instructions Page 24

5. Evaluation and Award Selection Process Page 26

6. Definitions of Terms Page 27

Exhibits: (Informational)

A. Price Agreement Solicitation Terms and Conditions

B. List of Regions by County

C. Sample Model Contract

D. Sample Summary Quarterly Volume Report

E. Environmentally Preferable Purchasing Policy

Attachments: (Bidder to Complete and Submit in its Bid)

1. Request for Taxpayer Identification Number and Certification (W-9) (OSC) (form)

2. Vendor Disclosure Statement (OSC) (form)

3. Bidder Response Workbook (form)

4. Company Experience and Demonstrated Capability Fact Sheet (form)

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Section 1 - Administrative Information and Instructions for Bidders

1.1 Vendor Self-Service (VSS) and Registration.

This solicitation is published using the Colorado Vendor Self-Service VSS) – ColoradoVSS. Bidders are not required to be registered on ColoradoVSS in order to download solicitation documents and information. Bidders must be registered in order to receive an award and be considered responsive at the time of the solicitation’s closing. ColoradoVSS information can be found through the State Purchasing Office (SPO) link at www.colorado.gov/VSS. The VSS Help Desk can be reached at 303- 866-6464 for further assistance.

1.2 Issuing Office and Official Means of Communication.

This Invitation for Bid (IFB) is issued by the Colorado State Purchasing Office (SPO) and is the sole point of contact concerning this IFB. During the solicitation process for this IFB, all official communication with Bidders will be via notices on VSS. Notices may include any modifications to administrative or performance requirements, answers to inquiries received, clarifications to requirements, and the announcement of the apparent winning Bidder(s). It is incumbent upon Bidders to regularly monitor VSS for any such notices.

1.3 Purpose.

The Colorado Department of Personnel & Administration (DPA), State Purchasing Office (SPO), wishes to establish price agreements for providing laundry and ware wash products (and related services).

Resulting awards from this solicitation intend to be established as Permissive Colorado State Price Agreements. The State reserves the right to migrate to a Mandatory status if determined it is in the best interest of the State. The following entities (Ordering Entity) are permitted to purchase from Colorado State Price Agreements: Colorado State Agencies/Departments, Colorado Institutions of Higher Education, Colorado Political Subdivisions, eligible Non-Profit Organizations, and other entities (including cooperatives) authorized by an individual State’s statutes to use Colorado State contracts as subject to the approval of the respective State Chief Procurement Official. Issues of interpretation and eligibility for participating are solely within the authority of the State Chief Procurement Official. The State of Colorado makes no guarantee that any quantity will be purchased as a result of this IFB.

All information contained within this IFB, and any amendments and modifications thereto, reflect the best and most accurate information available to the State at the time of IFB preparation. No inaccuracies in such data shall constitute a basis for legal recovery of damages or protests, either real or punitive, except to the extent that any such inaccuracy was a result of intentional misrepresentation by the State.

1.4 Scope of the IFB/Basis for Award.

The purpose of this IFB is to seek bids for providing laundry and ware wash products (and related services) needs. Awards may be made to a Bidder and services in one or more of seven (7) regions.

Evaluation of the responsive bids received will be conducted and the State may award price agreements as a result of this IFB. Bidders will be awarded based on bids that are determined to be most advantageous to the State considering the evaluation factors set forth in Section 5 (Evaluation and Award Selection Process). The State intends to establish Price Agreement(s) for the initial period from the executed contract to 9/30/2015, with the option to renew for up to four (4) additional one-year periods.

(See the Sample Model Contract, Exhibit C for additional information.)

Agreements issued under this solicitation will be permissive State price agreements. State agencies and institutions of higher education that have opted into the Procurement Code may purchase supplies or services covered by this solicitation if and when needed, but are not required to do so. State agencies and institutions of higher education that have opted into the Procurement Code will also have the option to purchase supplies or services from other sources submitted for competition, including cooperative purchasing agreements entered into by the State Purchasing Office authorized under section § 24-110- 101 et seq, Colorado Revised Statutes (C.R.S.), if any.

1.5 Schedule of Activities.

1. Deadline for Bidder written questions. 9/3/14, Wednesday, 5:00 PM (MT)

2. State response to Bidder questions. 9/5/14, Friday, 5:00 PM (MT)

3. Intent to Bid notification to the SPO. 9/5/14, day, 5:00 PM (MT)

4. Deadline to submit bids. 9/12/14, Friday, 1:00 PM (MT)

5. Public Opening of Bids. 9/12/14, Friday, 2:00 PM (MT)

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6. Oral Presentations/Site Visits (To Be Determined) (Held at the State’s discretion.)

7. Projected contract start date. 09/20/14

Note: The State is requesting interested Bidders to send a “notice of intent to bid” via email to the SPO, as shown in Section 1.6 (Inquiries and Questions) below. The VSS program does not have this feature and Bidder notification provides the SPO with the level of interest for this solicitation. Not sending an intent-to-bid notice does NOT impact the Bidder’s eligibility to submit a bid by the bid submission deadline.

1.6 Inquiries and Questions.

Bidders may submit email, written or fax inquiries concerning this IFB to obtain clarification on specifications and requirements. All inquiries are due no later than the time shown in Section 1.5.

(Schedule of Activities) or otherwise amended on VSS. The SPO prefers all inquiries be sent via electronic mail and referencing the IFB number in the subject line. Please submit inquiries via email as an attachment and in plain text in WORD format. List your questions as “1, 2, 3, etc.”

Please limit inquiries to only those issues which are essential in order to submit a viable bid in response to this IFB. Requests for detailed or exhaustive information may be declined if said information is not deemed by the State to be necessary in order to submit a viable bid. Inquiries must be submitted by way of one of the following three methods, though e-mail is preferred.

1. E-mail Send to at cheri.miller@state.co.us In the subject line, reference “IFB-CM-15-001 Laundry and Ware Wash Products”.

2. Written State Purchasing Office Attention: Cheri Miller, IFB-CM-15-001 Laundry and Ware Wash Products 1525 Sherman Street, 3 rd Floor

Denver, Colorado 80203 Fax: (303) 894-7445 (Please note: non-receipt of a fax is not grounds for protest.)

Response to Bidder questions (if required) will be published as a modification on VSS in a timely manner.

Bidders should not rely on any other information if it is not published on VSS, either written or oral, that alter any specification or other term or condition of the IFB during the open solicitation period. Bidders are NOT to contact any other State Office or individual regarding this solicitation. Bidders are responsible for monitoring VSS for the publication of any and all modifications to this solicitation.

1.7 State of Colorado Solicitation Instructions/Terms and Conditions and State of Colorado Price Agreement

Solicitation Terms and Conditions.

The State of Colorado Solicitation Instructions/Terms and Conditions govern except to the extent they are modified, supplemented or replaced in this solicitation. By responding to this IFB, Bidders acknowledge they have reviewed these and the attached Price Agreement Solicitation Terms and Conditions (Exhibit A). Note: Compliance to the terms and conditions is critical due to the restriction of time for the contract formation.

1.8 General Instructions and Bid Submission.

Bidders are encouraged to carefully and completely review this IFB and all attachments prior to submitting its bid. For detailed information on the bid submission, see Section 4 (Format and Bid Instructions) of this IFB. Sealed bids, including the Invitation for Bid (IFB) Cover Sheet, must be received on or before the date and time indicated on the IFB Cover Sheet (page 1) or as modified on VSS. It is the Bidder’s responsibility to ensure its bid arrives at the Colorado State Purchasing Office on or before the solicitation’s closing date and time, regardless of the delivery method used. Late bids will not be accepted.

1.9 Bidder’s Binding Offer and Acceptance.

The contents of a Bidder’s bid submitted in response to this IFB shall constitute a binding offer and will become contractual obligations of the successful Bidder. Acknowledgment of this condition shall be indicated by the signature (page 1) of the Bidder or an officer of the Bidder legally authorized to execute contractual obligations.

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A submission in response to this IFB, unless specified otherwise, acknowledges acceptance by the Bidder of all terms and conditions, as set forth herein including its attachments and exhibits, without making its offer contingent.

A Bidder may withdraw its bid upon written notification submitted to and received by the SPO prior to the established IFB bid opening date and time (email is acceptable). In accordance with Procurement Rule 24-103-202b, the State will not retain a copy of the withdrawn bid.

The State may require additional information (financial, capacity, etc.) of the apparent successful Bidder(s) to determine its ability to perform. The State reserves the right to visit Bidder’s office(s) to verify such ability. (For additional information, see Section 3, Statement of Work and the Sample Model

Contract, Exhibit C.)

1.10 Selection of Successful Bids, Number of Awards, and Intent to Award.

The State intends to award to multiple Bidders capable of fulfilling the anticipated volume needs for the State and other Ordering Entities. Should the State determine at any time during the term of the resulting awards that the number of awarded Contractors is not adequate to properly fill these needs, the State reserves the right to make awards to Bidders who submitted responses to the original solicitation but were not awarded, or to re-issue the solicitation and make additional awards as necessary. The State reserves the right to continue with existing contracts should the pricing in these IFB responses be deemed non-beneficial to the State. Further, the State reserves the right to continue with existing contracts in addition to the awards resulting from this solicitation if deemed it is in the best interest of the State. An evaluation will be conducted and awards made to Bidders whose bids are determined to be most advantageous to the State considering the evaluation factors set forth in Section 5 (Evaluation and

Award Selection Process).

1.11 Term of the Price Agreement and Model Contract.

Term: The initial price agreements will be effective upon a fully executed contract and end on 9/30/2015. Price Agreements may be renewed for four (4) additional one-year periods, at the sole discretion of the State, contingent upon contractual requirements being satisfied and funds being appropriated, budgeted, and otherwise made available. By statutory authority, the State Purchasing

Director may authorize resulting contracts greater than five (5) years per § 24-103-503, C.R.S.

Model Contract: Except as modified herein, the standard State Contract Terms and Conditions and the Sample Model Contract, Exhibit C included in this IFB shall govern this procurement and are hereby incorporated by reference. Note: the Model Contract lists the State’s required legal provisions but does not include the specific scope of work and requirements for this IFB.

The Bidder is expected to review the attached Model Contract and note exceptions. Unless the Bidder notes exceptions in its bid, the conditions of the Model Contract will govern. The Bidder shall identify clearly and thoroughly any variations between its bid and the State’s IFB. Failure to do so shall be deemed a waiver of any rights to subsequently modify the terms of performance, except as may be outlined or specified in the IFB.

Bidders are cautioned that requests for modifications to the terms and conditions constitute increased risk to the State and increased costs. Changes to Special Provisions are not permitted. The State has a critical time line due to a change in its solicitation platform. Therefore, the scope and magnitude of requested exceptions is an important consideration in the evaluation of a bid(s).

1.12 Proprietary/Confidential Information.

Any restrictions of the use or inspection of material contained within the bid shall be clearly stated in the bid itself and such information segregated. Written requests for confidentiality shall be submitted by the Bidder with the bid for consideration and acceptance of confidential status by the State. The Bidder must state specifically what elements of the bid are to be considered confidential/proprietary and must state the statutory basis for the request under Colorado Open Records Act (CORA) (§ 24-72-201 et seq., C.R.S.).

Confidential/Proprietary information must be readily identified, marked and separated/packaged from the rest of the bid. Neither a bid in its entirety, nor bid price information is considered confidential and proprietary.

Any information that will be included in any resulting price agreement cannot be considered confidential.

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The Colorado State Purchasing Office (SPO) will make a written determination as to the apparent validity of any written request for confidentiality. In the event the SPO does not concur with the Bidder’s request for confidentiality, the written determination will be sent to the Bidder. (§ 24-72-201 et. seq., C.R.S).

1.13 Service Disabled Veteran Owned Small Business Participation.

A Bidder claiming status as a service disabled veteran owned small business must identify itself as such in its bid and provide documentation of its certification from the United States Department of Veteran Affairs (US DOVA) with its response to this IFB.

1.14 IFB Response Material Ownership.

The State has the right to retain the original bid and other IFB response materials for its files received by the solicitation closing and not withdrawn prior to the public opening. As such, the State may retain or dispose of all copies as is lawfully deemed appropriate. The State has the right to use any or all information/material presented in the reply to the IFB, subject to limitations outlined in the clause, Proprietary/Confidential Information. Bid materials may be reviewed after the “Notice of Intent to Award” has been issued, subject to the terms of C.R.S. Title 24, Article 72, Part 2 as amended.

1.15 Venue.

The parties agree the venue for any action related to the performance of a resulting contract is the City and County of Denver, Colorado. (See Sample Model Contract, Exhibit C for additional information.)

1.16 Taxes.

State of Colorado Agencies, as purchaser, are exempt from all federal excise taxes under Chapter 32 of the Internal Revenue Code and from all state and local government sales and use taxes (§ 39-26-704, C.R.S.). Colorado Political Subdivisions and eligible Non-profit Organizations utilizing the resulting State Price Agreement with an awarded Contractor are solely responsible for its own tax requirements. (See Sample Model Contract, Exhibit C for additional information.)

1.17 Payment Schedule.

The State's minimum payment terms for the resulting contract are net thirty (30) days. Ordering Entities have historically remitted payment in a timely matter but it is the Contractor’s responsibility to confirm all payment terms with each Ordering Entity at the time an order is placed. Late fees may not be assessed to State government entities until the 46th day after the payment was due. The Contractor is eligible to invoice for late payment charges of 1% per month on the unpaid balance. The State is NOT responsible for any orders placed by non-State Ordering Entities.

1.18 Protested Solicitations and Awards.

Any actual or prospective Bidder who is aggrieved in connection with the solicitation or award of a contract may protest to: State Purchasing Director, State of Colorado, State Purchasing Office, 1525 Sherman Street, Third Floor, ATTN: Molly Randol, Interim State Purchasing Director, Denver, CO 80203.

The protest shall be submitted in writing within seven (7) business days after such aggrieved person knows or should have known of the facts giving rise to the protest.

C.R.S Title 24, Article 109, Entitlement to Cost, in part states: When a protest is sustained administratively or upon administrative or judicial review and the protesting bidder or offeror should have been awarded the contract under the solicitation but, due to defect in the solicitation, was not, the protestor shall be entitled to the reasonable costs incurred in connection with the solicitation, including bid preparation costs. No other costs shall be permitted and reasonable costs shall not include attorney fees.

1.19 News Releases.

News releases pertaining to this IFB and associated awards without prior written approval by the SPO are prohibited by the Bidder.

1.20 Parent Company.

If a Bidder is owned or controlled by a parent company, the name, main office address and parent company’s tax identification number shall be provided in the bid. Note: Bidders are advised that the Federal Employer Identification Number (FEIN) entered on the IFB Cover Sheet (page 1), and on the W-9 form submitted in its bid, and as registered in VSS must be the same.

1.21 Certification of Independent Price Determination.

1.22.1 By submission of this bid each Bidder certifies, and in the case of a joint bid each party, thereto, certifies as to its own organization, that in connection with this procurement:

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a) The prices in this bid have been arrived at independently, without consultation, communication, or agreement, for the purpose of restricting competition, as to any matter relating to such prices with any other Vendor or with any competitor; and

b) Unless otherwise required by law, the prices which have been quoted in this bid have not been knowingly disclosed by the Bidder and will not knowingly be disclosed by the Bidder prior to opening, directly or indirectly to any other Vendor or to any competitor; and

c) No attempt has been made or will be made by the Bidder to induce any other person or firm to submit or not to submit a bid for the purpose of restricting competition.

1.22.2 Each person signing the Invitation for Bid Cover Sheet of this bid certifies that:

a) He/She is the person in the Bidder’s organization responsible for the decision as to the prices being offered herein and that he/she has not participated, and will not participate, in any action contrary to (1)(a) through (1)(c) above; or

b) He/She is not the person in the Bidder’s organization responsible for the decision as to the prices being offered herein but that he/she has been authorized in writing to act as agent for the persons responsible for such decision in certifying that such persons have not participated, and will not participate, in any action contrary to (1)(a) through (1)(c) above, and as their agent does hereby so certify; and he has not participated, and will not participate, in any action contrary to (1)(a) through (1)(c) above.

1.22 Legislative Changes.

The State reserves the right to amend the IFB and/or contract in response to Colorado legislative changes that affect this program.

1.23 Order of Precedence.

In the event of any conflict or inconsistency between terms of this IFB and the offer, such conflict or inconsistency shall be resolved first, by giving effect to the terms and conditions of a resulting contract, second to the IFB, and third to the bid. (See Sample Model Contract, Exhibit C for additional information.)

1.24 IFB Cancellation.

The State reserves the right to cancel this entire IFB or individual phases at any time, without penalty in accordance with Procurement Rule 24-103-304.

1.25 Audit.

Awarded Contractors may be required to have a process audit conducted of the program at least once every three (3) years, at the Contractor’s expense. If the Contractor has not had such an audit prior to awarding of a resulting contract, one may be required to begin within six (6) months of the award of a contract, at the Contractor’s expense. A complete copy of the audit must be provided to the State’s project manager as identified in the awarded contract within five (5) working days of its completion. The State will negotiate directly with the Contractor regarding any exceptions or findings from the audit.

1.26 Doing Business in Colorado.

In order to do business in Colorado, the Colorado Secretary of State requires Vendors to register in accordance with § 7-90-801, C.R.S., and obtain and maintain a rating of “good standing” status throughout the term of an awarded contract. The link to the Colorado Secretary of State’s web site is:

www.sos.state.co.us. (See Sample Model Contract, Exhibit C for additional information.) Bidder must include in their bid a copy of the “certificate of good standing”.

1.27 Federal Employer Identification Number (FEIN).

In order to do business with a State Agency, Vendors are required to provide FEIN information to indicate their legal business identity. Bidder must complete and submit the form (signature page only) provided by the State, Attachment 1, Request for Taxpayer Identification Number and Certification (W-9).

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1.28 Vendor Disclosure Statement.

In compliance with § 24-102-206 C.R.S, Vendor Performance Outside the United States or Colorado, and directed by the Colorado Office of the State Controller (OSC), Vendors are required to disclose information to the State on where services will be performed. Bidder must complete and submit the Vendor Disclosure Statement, Attachment 2.

1.29 Insurance.

An awarded Contractor shall obtain and maintain insurance coverage at all times during the term of a resulting contract. The Contractor must obtain and maintain liability coverages for general, automobile, and workman’s compensation, at a minimum and as identified in the Colorado Sample Model Contract, Exhibit C. Note: Only the awarded Contractor is required to submit such documents to the State upon request.

1.30 Greening Requirement.

The State respects the environment and desires to do business with Contractors who share this concern.

Awarded Contractors agree that reports, catalogs, correspondence, or other submittals will be made on recycled paper and with copying on both sides of the pages. (Recycled paper meaning not less than 50% of the total weight consisting of secondary and post-consumer waste, and not less than 10% total weight consisting of post-consumer waste.) See Exhibit E, Environmentally Preferable Purchasing Policy for additional information.

1.31 Public Opening of Bids:

On the date and time shown in the “Public Opening of Bids” above, the State Purchasing Office will conduct the public opening at the delivery location identified in Section 1.5 (Schedule of Activities) or otherwise amended on VSS. The Public Opening will disclose only the names of all Bidders who have submitted a bid in response to the IFB by the closing deadline. Information regarding contents of bids will be available from the State Purchasing Office following issuance of a “Notice of Intent to Award” letter.

Note: Participants will not be admitted earlier than 15 minutes prior to the start of the Public Opening.

Section 2 – Background, Overview, and General

2.1 Background.

The State Purchasing Office in the Colorado Department of Personnel & Administration, Division of Finance and Procurement, contracts for Contractor goods and services to be provided to Colorado State Agencies, Institutions of Higher Education, Political Subdivisions, eligible Non-profit Organizations, and other authorized entities across the State, border-to-border.

Historical Usage. Historically, laundry and ware wash products purchased through the current awarded price agreements generate over $622,000 in annual spend (see below); which is based on sales reported by current Contractors. (Additional spend may be generated through non-contracted Vendors and may account for an additional $20,000 annually.) This high-volume customer base enables the State to negotiate exceptional rates and benefits. Any volume information (spend or quantity) provided by the State are estimated figures only and are intended to assist potential Contractors in understanding the scope of the State’s category needs. The expenditures reflect past usage and may fluctuate up or down.

The State does not obligate itself to any or all quantities indicated nor does it guarantee future spending at these levels.

Breakout of SFY 2014 Purchases: ___$___ _%_ State Agencies $458,223 74% Institutions of Higher Education $33,067 5% Political Subdivisions $130,962 21%

2.2 Overview.

The State Purchasing Office is requesting bids from responsible Bidders to establish Price Agreements for laundry and ware wash products (and related services) that will fulfill the needs for all eligible Ordering Entities within the State and covering one or more of seven (7) regions. (Regions are identified in Exhibit B, List of Regions by County and Section 3.3, Statement of Work below.) It is the State’s business decision to determine if the level of goods/service and regions warrant an award.

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As a result of this IFB, the State intends to award multiple “Price Agreement” contracts. A Price Agreement, by its nature, is indefinite in its size and value. It does not determine a specific quantity, time, or place, for the State’s ordering practices; it does establish terms and conditions and a list of identified maximum prices for all applicable laundry and ware wash products (dry and liquid chemical formulations) that are covered under an awarded contract. Ordering Entities will place orders for goods/services through “Delivery Orders” (i.e. orders, purchase orders, etc.) that are based on the pricing in the Price Agreement’s terms and conditions. Such related services are to install and maintain chemical dispensing systems for products purchased through the awarded Contractor, and training to Ordering Entity personnel in the appropriate use of the products.

The term “chemical dispensing system” includes the dispensing unit (pump, for example), the tubing (usually tubing and PVC pipe as a covering) between the dispensing unit and an Ordering Entity’s owned laundry and/or ware wash equipment, and the materials to hold the tubing in place such as brackets, straps, etc. The awarded Contractor is responsible for the 24 hours a day/7 days a week operation of its chemical dispensing systems. (See Section 3.10 General Laundry and Ware Wash - Chemical Dispensing Systems Requirements for further requirements.)

NOTE: An awarded Contractor is NOT responsible for the maintenance or repairs of an Ordering Entity’s owned (or leased) laundry and/or ware wash equipment.

Laundry detergent and ware wash compound products offered by the Bidder shall comply with various guidelines established for the industry to include the U.S. Environment Protection Agency (EPA), Designed for the Environment (DfE), Ecologo, and/or Green Seal. Further, the offered products are to align with the State of Colorado’s Environmentally Preferable Purchasing Policies (EPP).

The following objectives are intended to be the result of this process: (1) comprehensive, competitively solicited contract offering laundry and ware wash products (and related services), (2) providing services to participating departments and agencies statewide; (3) exceptional customer service; (4) sustainable product offerings and business practices that have minimal environmental impact; (5) the achievement of substantial cost savings in product and administrative/overhead costs through the aggregation of the State’s requirements; and (6) a supply contract and price structure that is clear, consistent, transparent, and fair.

The State may award all or part of this IFB based on the best interests of the State and reserves the right to award to multiple Bidders. To maximize chances of success in this process, Bidders are encouraged to provide an aggressive response to this IFB.

Goals: Achieve border-to-border coverage of services through a process that enables regional awards and allows regional subcontracting. The State encourages Colorado businesses to participate and invites all interested companies to submit a bid.

2.3 General.

Samples. Bidder may be required to furnish samples of product for evaluation prior to award. Samples furnished must conform exactly to the specifications herein unless otherwise specified by the State Purchasing Office. Samples furnished with deviations must be clearly marked. When required, samples shall be furnished within seven (7) calendar days upon request and are provided at the expense of the Bidder. Samples not provided in accordance with the specifications or within the time specified may result in rejection of the bid. A successful Bidder's samples may be retained for comparison with products delivered under the contract. For non-awarded Bidders, samples will not be returned unless the Bidder indicates the requirement to do so at the time the sample is furnished, and then only at the Bidder's expense. Failure to arrange for pick up of released samples within thirty (30) calendar days will result in disposal by the State of the samples. During the bid evaluation process, the State reserves the right to request further details, including formulations, to clarify specifications; and such will be identified as confidential and used for evaluation purposes only.

General Instructions for Products Submitted for Bid. Where brand name "or equivalent" is stated, Bidder may bid a substitute product that matches or exceeds the specifications of the brand listed. Equivalent items will be considered, provided descriptive literature and specifications accompany bid. Acceptability of equivalent items is at the sole determination of the State.

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Bidder must submit, with its bid response, product literature that contains complete technical specifications and test data sheets for each Laundry and Ware Wash item offered. All products in final, diluted-use concentration levels must have a multi-step flash (MSF) rating of 1 or 0. The State may request that the Bidder submit industry comparisons to substantiate that a substitute product is equivalent. Additionally, the State may require a sample(s) for evaluation. The State reserves the right to make the final determination as to whether or not a substitute product is equivalent or better for its intended use.

Due to current economic conditions, products bid and identified to have environmentally preferable attributes and certifications are preferred to be cost neutral.

During the bid evaluation process, the State reserves the right to request further details, including formulations, to clarify specifications; and such information will be identified as confidential and used for evaluation purposes only.

Bidder Response Workbook (Attachment 3). In addition to the technical portion of its bid (text), each Bidder submitting a bid to this solicitation is required to submit a completed Bidder Response Workbook (Attachment 3) as part of its bid, and as directed in Section 3, Statement of Work. The Bidder Response Workbook has multiple data tabs and all pricing, discounts, and notations shall be entered electronically into this Excel format. NOTE: NO modifications by a Bidder to Attachment 3 will be accepted and NO other pricing format will be accepted. Pricing will NOT be considered if not listed electronically on the bid form provided, Bidder Response Workbook (Attachment 3).

Section 3 - Statement of Work

An awarded Contractor shall provide goods to eligible Ordering Entities within the terms and conditions as stated below.

3.1 Minimum Specification for Response.

An awarded Contractor must demonstrate the existence of its business for a minimum period of two (2) years and provide evidence of experience for a minimum of two (2) years in providing the required types of goods/services; prior to submission of a response to a solicitation. The State may require additional information to determine an awarded Contractor’s ability to perform. This information may include, but is not limited to, previous experience of company; years in business; quality and condition of equipment; financial condition; references as to size and scope of work done within the last five (5) years.

� ACTION: In its bid response, Bidder is to describe its company’s experience that meets the qualifications of having been in business for at least two (2) years, and in providing laundry and ware wash goods and related services to customers of a similar size and scope required by the State.

3.2 Subcontracting/Partnering.

Subcontracting and/or partnering is allowed so that an awarded Contractor can engage subcontractor(s) to provide goods and services which can expand the service coverage area. If an awarded Contractor engages a subcontractor to provide goods and services to an Ordering Entity, the awarded Contractor is legally liable for its engaged subcontractor. The awarded Contractor is responsible to manage its subcontractor(s) utilized in the performance of a resulting contract and ensure its subcontractor(s) also complies with the terms, conditions, and commitments of an awarded contract. Therefore, the awarded Contractor must establish a formal, written contract with its subcontractor(s). An awarded Contractor must disclose to the State all subcontractors it engages for the purpose of providing services to the State.

Disclosure shall include a subcontractor’s company name and address; and the name, title, and phone number of the primary contact.

An awarded Contractor is required to send such notification to the State via email within three (3) days of engaging a subcontractor. The State reserves the right to disqualify a subcontractor selected by the awarded Contractor, based on the State’s past experience with the subcontractor. All invoicing for services rendered to an Ordering Entity shall be by the awarded Contractor through its standard invoicing documents and process. Payments for goods purchased shall be made to the awarded Contractor.

Compensation by the awarded Contractor to its subcontractor(s) shall be by its internal accounting.

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� ACTION: In its bid response, Bidder is to provide the name, address, and phone numbers of its subcontractors intended to provide services as a result of this IFB.

3.3 Service Regions.

There are seven (7) regions throughout the State that may receive supplies. An awarded Contractor must provide laundry and ware wash products (and related services) to ALL counties within a specific region for one or more of the seven (7) regions (noted below), and the regions awarded.

Region 1 - Denver Metro Area Region 2 - South Central Region 3 - North Central Region 4 - West Central Region 5 - Northwestern Region 6 - Southwestern Region 7 - Southeastern.

� ACTION: A Bidder may submit a bid for one or more of the seven (7) regions noted above. Bidder shall complete Tab 1-Regions in the Bidder Response Workbook (Attachment 3) and include a hardcopy of Tab 1 in its bid and the Workbook electronic file.

3.4 Ordering and Delivery.

A. Ordering: The State desires to purchase laundry and ware wash products through various methods such as via telephone, email, FAX, or on-line. Awarded Contractors are expected to have an established business process to enable Ordering Entities to easily set up an account. Preference may be given for awarded Contractors who can offer the ability to set up and maintain internally hosted catalogs (i.e. list of items and unit pricing) and/or punch-out catalogs. The State has the right to implement catalogs in a phased approach. While Ordering Entities are encouraged to use an awarded Contractor’s electronic or telephonic ordering methods to have the products delivered to the Ordering Entity and to reduce visits to an awarded Contractor’s stores; the final choice is a business decision by the Ordering Entity. The awarded Contractor is expected to accept payment with procurement cards (credit cards) for orders in addition to other payment methods such as issued checks and/or electronic funds transfers (EFT).

Note: an awarded Contractor is NOT expected to have a store front or warehouse located in Colorado; however, such a facility is considered a “value added” feature. An awarded Contractor is required to provide a list to the State showing the number and locations of stores and warehouses it maintains in Colorado; and its employee headcount within Colorado; and is required to provide an updated list to the State at least once a year.

At minimum, the State requires that an awarded Contractor establish new Ordering Entity accounts within two (2) business days of an Ordering Entity’s request.

At minimum, the State requires that an awarded Contractor establish a working relationship with the Ordering Entity within ten (10) business days of an Ordering Entity request. Working relationship may mean attending an Ordering Entity’s on-site meeting(s) to develop a customized product assortment, strategic delivery plan, service plans, service reports, and other agency-identified and reasonable requirements.

Stock and Special Order Products: The State desires to contract with suppliers who can satisfy the State’s laundry and ware wash product needs with exceptional, pricing and customer service.

Product pricing shall be set for a defined period of time and at “ceiling pricing” for a single unit of measure. Factors such as quantity, frequency of orders, or an awarded Contractor offered promotions may enable further discounts to pricing and would be negotiated with the Ordering Entity at the time the order is placed.

Special Orders: Special ordered goods may incur additional costs which the awarded Contractor must disclose at the time the order is placed and agreed to by the Ordering Entity.

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Return Policy: There will be instances when an Ordering Entity will have to return a product.

Awarded Contractors are required to maintain a written return policy. Such policy shall be provided to the State in writing at least once a year or as updated.

B. General Shipping and Delivery Requirements: All products are to be shipped surface freight prepaid, freight on board (F.O.B.) destination to the Ordering Entity. No additional charges for packing, drayage or any other purpose will be allowed. Prepaid transportation charges will be documented, invoiced, and payable whenever non-surface premium shipping is requested, and shown as part of the cost of the product (freight charges shall not be shown as a separate line item.)

Title to and risk of loss on all items shipped by an awarded Contractor to the Ordering Entity shall pass to the Ordering Entity subject to Ordering Entity’s inspection and acceptance of such items at Ordering Entity’s designated site.

Delivery, whether by company vehicle or third party carrier, is expected within two (2) business days after receipt of an order for stock items. For special order items, a delivery is expected within seven

(7) business days, upon Ordering Entity agreeing to an awarded Contractor’s notification of expected delivery time. A variation of delivery methods exists as each Ordering Entity has its own preference.

This may include dock or warehouse delivery.

� ACTION: In its bid response, the Bidder is to describe its customer ordering capabilities for optimal customer access and fulfillment for all of the elements above. Describe your ability to set up and maintain internally hosted catalogs and/or punch-out catalogs. Describe how customers will be able to receive contract pricing when making in-store purchases, if applicable. Describe your solution for ordering and delivery of stock, special order products, and return items policy. Describe your least-cost delivery solution to all locations. Also, list the number and locations of stores and warehouses maintained in Colorado, and employee headcount within Colorado.

3.5 General Laundry Products Requirements.

In general, laundry detergents and compounds products offered by an awarded Contractor shall comply with various guidelines established for the industry to include the U.S. Environment Protection Agency (EPA), Designed for the Environment (DfE), Ecologo, or Green Seal. Further, the offered products are to align with the State of Colorado’s Environmentally Preferable Purchasing Policies (EPP).

Below is a list of products and their attributes currently being utilized and have been listed in the following Groups.

Note: During the term of a resulting contract, as products are discontinued other products may be offered as a replacement by the awarded Contractor that meet or exceed the effectiveness of the original product; and may be accepted by the State at its sole discretion. Additionally, as new products and/or formulations are offered due to industry-wide developments and/or required by Federal of State regulations, such products may be offered by an awarded Contractor, and accepted by the State at its sole discretion.

� ACTION: As part of its bid, the Bidder will complete and submit Tab 3-Laundry Products (Part A) in the Bidder Response Workbook (Attachment 3) which provides aggregated estimates to assist Bidders in offering the most economical price for all products proposed. Bidder to include a hardcopy of Tab 3 in its bid and the Workbook electronic file.

Group 1. Laundry detergent

A. Powder (Dry Chemical) - General description and features

• Heavy-duty detergent compound.

• Meets Industry-accepted standard requirements of alkalinity, pH, and emulsifying power.

• Versatile and applicable to wide variety of operations, equipment and water quality.

• Exhibits good controlled sudsing.

B. Laundry Detergent, Heavy Duty

This product is biodegradable detergent containing a dual phase cleaning action to cover a wide range of soils and fabrics. It also will have a combination of anti-redeposition and whitening agents as well as being oil buffered to prevent tensile strength loss of fabrics.

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Chemical features and ingredients:

• Enzymes and/or ozone-compatible systems.

• Suitable for use and effective in water of any hardness level and desired formulation to assist in rinsing and to prevent redeposition.

• Phosphate free, usable in geographic areas that ban all phosphates.

• Optical fluorescent brighteners with environmentally preferable attributes as certified by EPA, DfE, Ecologo, or Green Seal.

• NO insoluble materials permitted.

C. Liquid

This material shall be a pumpable liquid capable of cleaning a wide range of soils in the laundering process when used in conjunction with a liquid or powdered builder.

Chemical features:

• Optical fluorescent brighteners with environmentally preferable attributes as certified by the EPA, DfE, Ecologo, or Green Seal.

• Controlled foam for front-loading machines

• Versatile and applicable to wide variety of operations, equipment and water quality

• Performs and is usable at low temperatures

• Meets Industry-accepted standard requirements of alkalinity, pH, and emulsifying power

Group 2. Rust-Removing Sour

Liquid Laundry Sour - Chemical features:

• This material shall be a pourable liquid organic laundry sour.

• Acceptable acid strength at least 20% citric acid or equivalent environmentally preferable, safe handling formulation containing acids such as formic acid or hydrofluorosilicic acid.

• Provide products with a balanced formulation that protects the equipment.

Group 3. Bleach

Liquid - Chemical features:

• Product must be liquid bleach, which can be injected directly to machine.

• Must contain at least 10% available chlorine guaranteed for use at Colorado high altitudes.

• Must demonstrate fast bleaching action and unusual stain removal.

• Must be specially suited for low temperature bleaching operations and fast bleaching cycles.

• Suitable for use in laundry applications employed in laundering of white and colored cotton and polyester/cotton blend fabrics.

• Product shall be in uniform, low viscosity.

• Must keep tensile strength loss to minimum.

• Must contain no phosphates.

• No insoluble materials permitted.

• pH in bleach bath must be 9.5 to 10.5.

Ozonated Laundering. The EPA has noted that ozonated laundering products “may significantly reduce use of water, energy, and detergents in the washing process. Ozonated laundering uses ozone, generated by passing oxygen through a high voltage electrical field, to remove insoluble materials from fabric--usually white items. Injected into the wash water, ozone reacts chemically with soils making them soluble in water. Compared with conventional cleaning, ozonated laundering saves resources by operating at lower temperatures, with fewer rinse cycles, far less detergent--and less drying time. Ozone must be generated on-site and handled carefully since it is toxic and may cause respiratory irritation.”

As this is a relatively new product line in the industry, few current Ordering Entities have had their facilities set up for ozonated laundering. Only limited data on use is currently available.

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� ACTION: In addition to its overall response to this Section 3.5, in its bid the Bidder is to also describe the products it offers for “ozonated” or “oxygenated” laundry products, the attributes of the products, and the advantages of utilizing these products. Please provide product information similar to the bullet point attributes shown in “Group 3, Bleach” above. Provide product specification sheets.

Group 4. Fabric Softener with Bacterial Static Agent

A. Liquid - Chemical features:

• Product must be high quality, liquid cationic fabric softener containing proven bacteriostats.

• Bacteriostats present must be of quaternary ammonium type. Cannot include mercury, tin or other heavy metals. Bacteriostats must be EPA registered materials.

• Irgasan DP 300 (phenol derivative) cannot be present.

• At recommended use concentrations, per EPA registration, product must be effective in inhibiting gram positive and gram negative bacteria and provide bacteriostatic protection against Staph aureus and Brevi. Contractor must use recommended amount per 100 weight of dry laundry to meet residual bacteriostatic level of bacterial control.

• Product formulation is registered with EPA.

• Bacteriostat present must also be effective against mildew, not to degree where mildew claims can be officially registered.

• Product must exhibit deodorizing properties.

• Fabric…