RFB Procurement Bid Specifications.pdf

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BID SPECIFICATIONS

1. ADDENDA

A. Bidder is responsible for logging into the Electronic Bidding System to monitor for any addenda that may be issued during the bidding process.

2. BID EVALUATION

A. Bids will be evaluated based upon the factors listed in Section 2-417 of the

Oklahoma City Municipal Code.

https://library.municode.com/ok/oklahoma_city/codes/code_of_ordinances

B. The Contracting Entity has the right to award by item, groups of items, or all items of the bid, to award to none, one or more bidders, and to reject any or all bids in whole or in part. The Contracting Entity may waive, in its sole discretion, minor deficiencies, technicalities, or informalities in a bid, if in the best interest of the Contracting Entity and not precluded by applicable law.

C. The Bidders shall have no rights until and unless awarded the Pricing Agreement in accordance with the Oklahoma City Charter and Oklahoma City Municipal Code.

D. All bids will remain on file for at least 48 hours before a Pricing Agreement is awarded.

3. EXCEPTIONS TO BID ITEMS AND REQUIREMENTS

A. Any substitutes, alternatives, or exceptions to bid items or requirements must be submitted with the Bid by uploading a document labeled "Exceptions" in the Electronic Bidding System.

B. If Bidder fails to indicate any exceptions, it is understood that the Bidder offers to furnish the Bid Items exactly as described in these Bid Specifications.

C. Any Exception that the Contracting Entity deems unreasonable, creates any disadvantage to other bidders, and/or results in the Contracting Entity waiving any immunities from liability or waives Bidder’s liability, may result in the bid being rejected, even if it is the lowest bid.

D. Any issue a Bidder may have with insurance requirements should be raised during the Question-and-Answer period before bid submission so that the Contracting Entity can determine whether a change, by Addenda, will be made to the insurance requirements for all potential bidders.

E. Bidder may not take exception to insurance requirements after the Question-and- Answer Period.

4. UNIT PRICES

A. A unit price for each unit of a Bid Item must be shown. Unit prices must include any and all applicable taxes, delivery, packaging and/or packing, transportation, delivery charges to the destination specified in the Bid Specifications, if any, and all costs and expenses must be prepaid by the Bidder.

https://library.municode.com/ok/oklahoma_city/codes/code_of_ordinances?nodeId=OKMUCO2020_CH2AD_ARTVPUPR_DIV3FOCO_S2-417AWCO https://library.municode.com/ok/oklahoma_city/codes/code_of_ordinances

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B. When the quantity in the Electronic Bidding System is listed as “1”, Bidder shall bid a price per individual unit of the Bid Item as described on the Item Response Form. However, the Contracting Entity may purchase any number of such Bid Item at the unit price.

C. The Contracting Entity may purchase one or more Bid Items at the unit price at any given time throughout the term of the Pricing Agreement and any renewal.

D. Bid Item unit prices must be extended in decimals, not fractions.

E. If Bidder is providing volume discounts, please see Paragraph No. 10.

5. GOVERNMENT MANDATED FEES AND EXEMPTIONS FROM CERTAIN

TAXES

A. The Bidder shall incorporate any government-imposed fees, and all applicable taxes for Bid Items in the unit price.

B. The purchases of certain Bid Items by the Contracting Entity may be exempt from the payment of excise, transportation, use, and sales tax imposed by the federal, state and/or city governments. Bidder should consult its legal counsel on the applicability and process for utilizing any such exemptions.

C. No additional payment or compensation will be made for any taxes paid by Bidder for which tax exemption applied, or for any government-imposed fee that the Bidder should have included or excluded in its unit price for the Bid Item.

D. No additional payment or compensation will be paid to Bidder for any change in tax rates or application or any change in the rate of a government-imposed fee.

6. ESTIMATED ANNUAL REQUIREMENTS (NO GUARANTEE)

A. The purchase of any quantity of Bid Items are not guaranteed. If an estimate is given, it is based on currently available historic information and not a guarantee of quantity of purchase of any bid items. Any bid conditioned upon a promise by the Contracting Entity to purchase a minimum or definite quantity of such any Bid Items may be rejected.

B. The Bidder agrees to furnish all quantities ordered by the Contracting Entity during the term of the Pricing Agreement, or any renewal term.

C. The Contracting Entity agrees to place orders with the Bidder for all its requirements for those Bid Items shown in the price schedule, as awarded, except as follows:

i. Quantities of Bid Items needed under conditions of emergency or public exigency as approved by the Purchasing Agent.

ii. Quantities of Bid Items obtainable from State contracts, as approved by the Purchasing Agent.

iii. Quantities of Bid Items where federal funds are involved, and other action is warranted for federal regulatory compliance purposes.

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iv. Quantities of Bid Items awarded under specific or separate pricing agreements with other bidders.

v. Quantities of Bid Items which otherwise are determined to be outside the general scope and intent of this Pricing Agreement.

D. Should the Contracting Entity not purchase the quantity estimated in the applicable price schedule, such failure shall not constitute grounds for equitable price adjustment or any other or additional compensation.

E. The Contracting Entity is under no obligation to purchase any Bid Items from this Pricing Agreement. In addition, purchases made in this or future fiscal years are subject to future appropriations and availability of funds.

7. PRICING AGREEMENT PERIOD AND RENEWAL OPTION

A. The Pricing Agreement shall start on the date of the award as approved by the

Contracting Entity.

B. If the Contracting Entity wishes to renew the Pricing Agreement and use the renewal option, a renewal notice will be sent to the Bidder prior to the expiration date of the Pricing Agreement.

i. Upon Bidder’s receipt of the renewal notice, Bidder shall, if desired, submit written agreement to renew the Pricing Agreement.

ii. The issuance of a written renewal notice does not bind the Contracting Entity to renew until renewal is approved by the Contracting Entity.

8. ESCALATION/DE-ESCALATION FOR RENEWAL OPTION

A. The Bidder may request a price adjustment for future purchase orders at the time of renewal, either an increase or decrease, by providing satisfactory evidence to the Contracting Entity that the change is justified as provided herein and beyond the Bidder’s control.

B. The Contracting Entity may only utilize the most relevant Consumer Price Index (CPI) from the U.S. Bureau of Labor Statistics or other applicable and appropriate reliable index tools to assess whether the requested price adjustment aligns with current market conditions. Provided, however, any percentage or discount offered to the Contracting Entity will remain firm for the duration of the Pricing Agreement and any renewal.

C. Procurement Services must be notified within ten (10) days of updated price list(s).

It will take effect on the date specified in the list(s) or ten (10) days after notification, whichever is later. Notification can be made to: See Notice to Bidder.

9. CURRENCY

A. The Bidder agrees that all bids are to be submitted in U.S. dollars. Bids submitted in any currency other than U.S. dollars may not be considered. The Bidder also agrees that all invoices shall be submitted in U.S. dollars. Bidder agrees to accept payment in U.S. dollars as full satisfaction of the invoiced amount.

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10. PAYMENTS AND DISCOUNTS

A. Payment for Bid Items received as specified in the Pricing Agreement shall be processed promptly after delivery and acceptance of Bid Items and after receipt by the Contracting Entity from Bidder of properly prepared invoice(s) and/or notarized claim voucher(s), as applicable. Delivery shall not be deemed acceptance.

Acceptance shall be after receipt and inspection by the Contracting Entity and verification that the Bid Item is and was in accordance with these Bid Specifications and the purchase order.

B. Contracting Entity employees are required, when possible, to use a purchasing card for purchases under the amount of $5,000 for a single transaction. For single transactions over $5,000, the Supplier may request payment be completed by issuance of a purchase order. Processing fees and/or surcharges may not be added when a purchasing card is used. The Bid Item unit price shall cover and must include any fees and/or surcharges a Supplier may incur.

C. The Contracting Entity will not be held liable for any damages sustained by Supplier for delivery of Bid Items unless accompanied by an authorized purchase order or purchasing card reference name and number. Delivery of Bid Items to Contracting Entity without: (1) a purchase order document; (2) purchase order number; (3) or purchasing card reference name and number given at the time the purchase order is placed, shall constitute an unauthorized purchase and will not be paid.

D. The Contracting Entity may request Bidder provide quantity discounts when making larger purchases. Quantity discounts will be requested from all Bidders when multiple Pricing Agreements are awarded. Discounts offered by the Bidders, if any, must be provided as a Line Item in the Item Response Form.

E. Discounts for prompt payment will not be considered in bid evaluations, unless otherwise specified. However, discounts offered by the awarded Bidder will be deemed taken by the Contracting Entity, if payment is made within the discount period.

F. Late payment charges cannot be assessed against Contracting Entity.

11. INVOICES

A. Invoices must comply with Oklahoma City Municipal Code Section 2-801.

B. https://library.municode.com/ok/oklahoma_city/codes/code_of_ordinances If the purchase order indicates that the purchase is being made with City funds, all claims and unpaid invoices pertaining to this Pricing Agreement must be recorded in the Finance Department, Accounts Payable Section, or in the Office of the City Clerk, on or before September 30 for all invoices issued and claims incurred during the prior fiscal year (July 1 through June 30), or said claim and invoice shall be void and forever barred. See 62 O.S. § 310.4.

https://library.municode.com/ok/oklahoma_city/codes/code_of_ordinances?nodeId=OKMUCO2020_CH2AD_ARTIXPAMUFU_DIV1CL_S2-801CLPRENPA

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C. Orders placed by Purchase Order (PO):

i. The invoice for each purchase order must be timely emailed as a PDF to the

Contracting Entity. Leave the “Subject” line and the body of the email blank, because this information will not be transmitted with the invoice.

Only one invoice can be submitted per email. If scanning multiple pages, the invoice must be the first page for system recognition purposes.

Attachments must be in PDF format. The first page of the invoice must contain the purchase order number.

ii. Email Address for Submitting Invoices: Please see the email address located on the Notice to Bidder.

If the original invoice is sent to any other email address, payment could be delayed or may not be processed at all.

iii. All other correspondence related to Accounts Payable can be mailed directly to the City of Oklahoma City, Accounts Payable, 100 N. Walker, Suite 200, Oklahoma City, OK 73102, or emailed to accountspayable@okc.gov.

D. Orders placed by Purchasing Card:

i. Send all purchasing card documents and invoices directly to the cardholder.

Cardholders are required to submit itemized transaction details such as invoice/delivery tickets with their monthly purchasing card statement.

ii. Invoices must contain the following information:

1. Bidder’s name and address

2. Ship to address (and department name) Itemization of each Bid Item purchased to include:

a. description/stock number

b. unit price

c. Purchase order number, only if order was placed by a PO

d. quantity

e. unit of issue (each, box, dozen, pound, etc.)

f. total price

3. Total amount of invoice

4. Date of delivery

iii. Invoices should not reflect any outstanding invoices, charges, payments or any backorders.

12. DELIVERY

A. All Bid Item unit prices shall be based on and include delivery F.O.B. Oklahoma

City, Oklahoma or to any points located within the municipal corporate limits (or as otherwise stated in the Notice to Bidders) with all charges prepaid by Bidder to the actual point of delivery.

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B. Inside delivery is required unless specifically and expressly stated otherwise in the Bid Specifications.

C. Bidder is required to keep the Contracting Entity advised at all times of the status of the order and delivery.

D. All Bid Items shall be delivered within thirty (30) days from the date of the issuance of the Purchase Order or Purchasing Card Authorization, unless specified otherwise in the Pricing Agreement. Bidder shall specify their proposed delivery times for the requested Bid Items in the line-item area.

E. If the Bidder is unable to deliver Bid Items within thirty (30) days from the date of the issuance of the purchase order or Purchasing Card Authorization, and no alternative was proposed by Bidder and accepted by Contracting Entity, the purchase and/or Pricing Agreement may be terminated by the Contracting Entity, in its sole discretion, and at no cost to the Contracting Entity.

13. INSPECTION AND ACCEPTANCE

A. Final inspection and acceptance shall be at delivery destination. Acceptance will occur after the Bid Items have been delivered and inspected and when determined by designated competent Contracting Entity employee to have met the Bid Specifications. Delivery does not constitute acceptance.

B. Although source inspection by the Contracting Entity is not anticipated under this Pricing Agreement, this Pricing Agreement shall in no way be construed to limit the rights of the Contracting Entity to otherwise conduct source inspections when it deems to be appropriate.

14. COMMERCIAL PACKING

A. Preservation, packaging, packing, and marking will be in accordance with Bidder’s best commercial practice to provide adequate protection against damage.

B. Bidder is required to replace any Bid Items damaged in shipping or delivery.

15. TERMINATION

A. The performance of services and/or the delivery of goods under any Pricing

Agreement may be terminated by the Contracting Entity, in whole or in part, whenever it is determined to be in the best interest of the Contracting Entity.

B. Termination is effective when the Contracting Entity notifies the Bidder with a termination notice specifying the extent to which performance, services, or delivery of ordered goods are terminated and the effective date thereof.

C. After receipt of a termination notice, the Bidder shall stop performance under the Pricing Agreement in accordance with the notice.

D. If any Bid Items fail to meet the specifications or warranties, the Bidder must promptly repair or replace them at their own expense upon notice from the Contracting Entity. Failure to do so may result in the cancellation of the affected purchase order, any remaining orders, and/or this Pricing Agreement. The Bidder

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16. SAFETY DATA SHEET

A. Any Bidder supplying Bid Items to the Contracting Entity that require a Safety Data

Sheet (SDS) will furnish the required sheet or a composite concentration list in one of the following manners:

i. Submit as part of the bid;

ii. Submit prior to Pricing Agreement award;

iii. Submit with the product invoice; or

iv. Submit at the request of the Contracting Entity.

B. However, Bidder must also furnish the SDS with the applicable Bid Items at delivery. Bidder must comply with all local, state and federal laws providing for identification of materials transported to the Contracting Entity. The appropriate purchase order number, bid number, Pricing Agreement number, delivery ticket number, or invoice number shall be clearly marked on the SDS or the composite concentration lists.

C. Information regarding Safety Data Sheets can be found on-line at https://www.osha.gov/Publications/OSHA3514.html.

D. Any question regarding this requirement should be directed to the following address:

The City of Oklahoma City Attn: Oklahoma City Risk Management Division 420 W. Main Street, Suite 630 Oklahoma City, Oklahoma 73102

(405) 297-3891

17. INDEMNITY REQUIREMENTS

A. Bidder assumes all risks incident to or in connection with its full and timely performance of the Pricing Agreement. Bidder shall indemnify and hold harmless Contracting Entity from costs and expenses and from damage or injuries of whatever nature or kind to property or persons arising, directly or indirectly, out of the acts and/or omissions of Bidder and any person or entity for which Bidder is legally liable, including but not limited to employees, agents, subcontractors and transporter. Bidder shall indemnify, defend, and hold harmless Contracting Entity from any penalties for violation of any law, ordinance or regulation affecting or having application to such acts or omissions.

https://www.osha.gov/Publications/OSHA3514.html

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B. The Bidder is an independent contractor. The Bidder and its agents and employees are not agents or employees of the Contracting Entity, and the Contracting Entity shall not be liable for their acts or omissions.

18. SELF-INSURED

A. The liability of the Contracting Entity for acts of negligence are limited by and subject to the Governmental Tort Claims Act, 51 O.S. §§ 151, et seq. The Contracting Entity does not and will not agree to waive any statutory exemptions, requirements, immunities or limitations.

19. ACORD FORM

A. The Contracting Entity to this Pricing Agreement, whether named herein or by reference only, shall be named as additional insured on the Bidder’s insurance policies, except Worker’s Compensation and Employer’s Liability Insurance, to the full limits of the policies and consistent with the same coverages available to the named insured.

i. Any blanket additional insured endorsement which limits coverages to any Contracting Entity is not compliant with this Pricing Agreement and will be considered a breach. Contracting Entity must be provided with a Certificate of Insurance or Endorsement evidencing Contracting Entity’s additional insured status prior to contract award.

B. The policy description shall state the following:

i. “Additional insured(s) on the listed policies are those required in the contract.” [The City of Oklahoma City and its participating public trusts]

ii. The solicitation title: See Notice to Bidder or Electronic Bidding System.

20. RIGHT TO AUDIT

A. The Contracting Entity, at its own expense, shall have the right to examine books, papers, and records of the successful Bidder relative to the scope of the Pricing Agreement, any Bid Items provided thereunder, and any invoices or changes thereof.

B. Failure to provide requested information may result in non-payment, delayed payment, or in termination of the purchase order and/or the Pricing Agreement.

C. If the results of the audit reveal that the Contracting Entity has been overcharged or has not received Bid Items to which it was contractually owed, the Bidder shall reimburse Contracting Entity for its reasonable costs in performing the audit, in addition to any refunds for Bid Items not received or non-compliant and/or provisions of replacement and/or any additional Bid Items.

D. Bidders will make its books, papers and records available for review and copying, without cost to Contracting Entity, during regular business hours within two business days of request.

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21. UNDUE INFLUENCE

A. Upon advertising for this Bid, no officer, employee, agent, or representative of the Bidder shall have any contact or discussion, verbal or written, with any representative of the Contracting Entity (i.e., Trustee, City Council member, City or trust employee or agent, etc.) either directly or indirectly through others in which the Bidder seeks to influence any representative of the Contracting Entity regarding any matters pertaining to this bid solicitation.

B. Contacts by the Bidder with the Contracting Entity that do not pertain to this bid, its Bid Specifications, or bidding process are exempt from this provision. Examples of these exempt contacts are:

i. Private, non-business, contacts with the Contracting Entity by the Bidder’s employees acting in their personal capacity.

ii. Business contacts outside of this solicitation that the Contracting Entity may have with the Bidder.

iii. Presentations, inquiries, and/or responses to inquiries initiated by the Contracting Entity.

iv. Pre-bid conferences.

v. Discussions with the City Procurement Agent, City or Trust buyer or other contact as outlined in these Bid Specifications.

C. If a representative of any Bidder submitting a bid violates the foregoing prohibition by contacting any of these parties or their employees, such contact may result in the sole discretion of the Contracting Entity, in the Bidder being disqualified from the procurement process.

22. COMPLIANCE WITH APPLICABLE LAWS

A. Bidders shall comply with all applicable federal, state, and local laws and regulations, also including Title VI of the Civil Rights Act of 1964 and all provisions of 42 U.S.C. §§ 2000d, et seq.

B. Bidders shall also comply with all applicable federal, state and local laws and regulations including but not limited to those specifically set forth in the Special Provisions to these Bid Specifications.

C. Bidder is by law deemed to know the law and its application to Contracting Entity, the bidding process, and agreements and transactions with the Contracting Entity.

23. REFERENCES

A. Contracting Entity shall have the right to request references from bidders.

24. PATENTS

A. To the extent that the Bidder has infringed on any patent, copyright, license or illegally transferred a patent or license related to a good or service provided to the Contracting Entity, the Bidder agrees to indemnify and hold harmless the

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Contracting Entity, including any of Contracting Entity’s employees, the purchasing agent and assistants from all suits and actions of every nature and description brought because of, or for the use of, patented, copyright protected, or licensed appliances, products, or processes or violation of or failure to obtain such permission, license, copyright, or patent permission or right.

B. The Bidder shall pay for and provide all licenses, copyright, royalties, fees and charges which are legal and equitable and evidence of such payment or satisfaction shall be submitted upon request of the Contracting Entity, as a necessary requirement in connection with the execution and performance of any Pricing Agreement in which patented, copyrighted or licensed appliances, products, or processes are to be used and to transfer such rights and licenses to the Contracting Entity. All such costs and expenses must be included in the Bid Item unit price, unless separately called out in the Item Response Form as a separate unit price.

C. The Bidder shall be responsible for paying all the Contracting Entity’s legal costs and fees incurred by any such action related to the failure to provide necessary permissions, copyrights and licenses.

25. ORDER OF PRECEDENCE

A. In the event of an inconsistency between provisions of this Pricing Agreement, the inconsistency shall be resolved by giving precedence in the following order:

i. Pricing Agreement

ii. Special Provisions

iii. Item Response Form

iv. Notice to Bidders

v. Bid Specifications

vi. Vendor Contact Form

vii. Attachments, notes, and exceptions by Bidder, but only if accepted by the

Contracting Entity at the time of contract award.

26. GENERAL PROVISIONS

A. The following documents are attached or incorporated by reference as a part of this Pricing Agreement:

i. Pricing Agreement

ii. Special Provisions

iii. Completed Item Response Form

iv. Notice to Bidders

v. Bid Specifications

vi. Vendor Contact Form

27. OKLAHOMA OPEN RECORDS ACT AND CONFIDENTIAL INFORMATION

A. All “records”, as defined by the Oklahoma Open Records Act, 51 O.S. § 24A.1, et seq. (the “Act”), which are in connection with the transaction of public business, RFB.BS.VI.2025 Page 11 the expenditure of public funds, or the administration of public property, and that are in the custody, control, or possession of public officials, public bodies, or their representatives, are potentially subject to inspection, copying, and/or mechanical reproduction. The purpose of the Act is to ensure and facilitate the public’s right of access to and review of government records so they may efficiently and intelligently exercise their inherent political power. Except where state or federal statutes create a specific exemption or confidential privilege, persons and entities who submit information to public bodies have no right to keep the record from public access nor have a reasonable expectation that the record will be kept from public access.

B. If Bidder believes that a record is exempt or confidential under a specific Oklahoma or federal statute, and therefore not subject to public access under the Oklahoma Open Records Act, Bidder must comply with the following:

i. Place said portion of the submission in a separate electronic file attachment marked “Confidential.” DO NOT label the entire record “Confidential.”

Label only those records, or portions thereof, that are expressly protected from disclosure by Oklahoma or federal law. For each portion of the record for which an exemption or a confidential privilege is claimed, Bidder must clearly identify on that record at the time of submittal a copy of a court order ruling the record is not subject to release under federal or Oklahoma law, or the specific federal and/or Oklahoma law that created said privilege, e.g., for trade secrets, see 21 O.S. § 1732 (Larceny of Trade Secrets) and the Uniform Trade Secrets Act, 78 O.S. §§ 85, et seq.

C. Failure to clearly identify the record or any part of the record as “Confidential” will be interpreted as the record NOT being exempt from the Act and therefore subject to public access. Should an Open Records request be presented for a record identified as “Confidential,” Bidder will be responsible for timely justifying the confidentiality claim and attaining protection from a court of competent jurisdiction, state or federal, in Oklahoma County, Oklahoma. Bidder will be notified upon receipt of an Open Records Request to access the records identified as “Confidential in accordance with this policy.” It is Bidder’s responsibility to timely initiate an action in a court of competent jurisdiction to enforce bidder’s rights. The requested records will be released if Bidder fails to timely bring an action to enforce your rights within seven (7) calendar days of notice. Bidder must provide the City or its Trust from which the record has been requested notice of that action. By your submission of records, Bidder is granting the rights stated herein.