Department of Public Safety - 2013 Rain Gear Bid Terms and Conditions

COMMODITYT: Rain Gear – Thor 600D – Jacket, Pant, Black, Size, Unisex, Small – 3X-Large and tall sizes. Department will consider equivalent alternates. Please see attached sizing/pricing spreadsheet.

CONTRACT PERIOD: Immediately thru January 31, 2014.

PRICES: A one (1) year contract with the option of (2) two (1) one year renewals will be issued as a result of this contract. Prices shown are to be net including transportation charges fully pre-paid by the contractor FOB destination. Prices are to remain firm for the duration of the contract.

AWARD: Award will be made to the lowest price bidder whose bid fully meets the specifications contained herein and offers the best value to the State. The State of Maine reserves the right to accept or reject any or all bids.

It is understood that all specifications are minimums. Approved equals may be considered. The State of Maine reserves the right to accept or reject any and all bids that do not meet specifications and award however is in the States best interest. The State also reserves the right to consider alternates and determine equivalency.

SAMPLE: Samples are required, size large, pants & jackets. Please send to Division of Purchases, Attn: Sue Garcia, #9 SHS, Burton Cross Bldg., 4th Floor, 111 Sewall St., Augusta, ME 04333-0999, no later than bid opening date and time.

QUANTITIES: Quantity of items over the duration of the contract is unknown, new contract. It is understood and agreed that the contract will cover the actual quantities ordered by the Department, over the length of the contract.

DELIVERY: Contractor MUST inspect all garments thoroughly before shipment to State Agency. Inspection will not release contractor of the responsibility for faulty workmanship and any faulty item or component part will be repaired or replaced by the vendor. Items (all sizes including special sizes) must be received within 10 working days from receiving order from Department.

The Contractor will be responsible for the delivery of material in first class condition at the point of delivery, and in accordance with good commercial practice.

ORDERING PROCEDURE: Delivery orders (DO) will be created in AdvantageME for all orders against Master Agreements (MA), unless the State of Maine Procurement Card is used for payment. Orders in the amount of $5,000.00 or less will be e-mailed by the using agency to the Vendor as a .pdf file. Delivery Orders in amounts greater than $5,000.00 will workflow to the Division of Purchases’ Buyers for approval and encumbrance. The Division of Purchases will e-mail the .pdf order to the Vendor.

QUARTERLY REPORT: It will be the responsibility of the vendor to produce a quarterly report. The Division of Purchases requires a quarterly report, please see Code of Conduct Anti Sweatshop fee clause.

CODE OF CONDUCT ANTI-SWEATSHOP FEE: Within 30 days of the end of each calendar quarter, you are required to pay a fee in the amount of 1% of the total dollar value of goods purchased through this contract during that quarter. Your payment must be accompanied by a report showing the dollar value of goods purchased, broken down by Department, the total dollar value of purchases by all Departments, and the calculation of 1% of the total dollar value as the fee for the quarter. Checks must be made payable to the Treasurer, State of Maine and must be delivered, along with the quarterly report, to:

Division of Purchases Attn: Vendor Fee Burton M. Cross Building, 4th Floor 9 State House Station 111 Sewall St.

Augusta, ME 04333-0009 Failure to pay the 1% fee may result in: (1) Loss of future contracts or purchase orders with the State of Maine and/or (2) Immediate termination of the existing contract, within 30 days of written notification.

PROCURMENT CARD: State policy requires vendors to accept the State of Maine Procurement Card as a form of payment, with very rare exceptions. Your company will be required to accept these cards. The pricing offered to the State of Maine shall be the final cost to the State of Maine regardless of payment method. No surcharge or other compensation will be allowed. The State of Maine reserves the right to reject your bid if you are unwilling to accept this condition.

EXTENSION OF CONTRACT: The Director of Purchases may, with the consent of the contractor extend the Contract period beyond the indicated expiration date.

CANCELLATION OF CONTRACT: The Division of Purchases reserves the right to cancel a contract with a thirty day written notice OR cancel immediately if the contractor does not conform to terms and conditions and specifications of contract.

SOLE CONTACT: Sole contact for this bid is Sue Garcia/Buyer II. No other person is empowered to make binding statements regarding this bid.

QUESTIONS/ANSWERS: Vendors will be required to post questions on VSS.

All substantive questions received 48 hours before the deadline will be answered and communicated to all on VSS. Questions asked in other than written form thru VSS will not be answered. The State reserves the right, at its sole discretion, to answer or not answer any question.