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Light Maintenance Bid ARKANSAS TECH UNIVERSITY

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Page 1 of 9
INVITATION FOR BID – BID NO. B019116
ARKANSAS TECH UNIVERSITY
Procurement and Risk Management Services
Young Building East End
203 West O Street
Russellville, AR 72801-2222
Bid Response:
Formal Sealed Bid
All responses must be submitted using this form.
Responses must be received in the Procurement
Office at the address above by the date and time
shown below. In a sealed envelope with the bid
number clearly marked on the front. Faxed or email
responses are not acceptable.
RESPONSE DUE BY: November 19, 2019
TIME: 3 p.m.
Company Name and Address:
__________________________________________
__________________________________________
__________________________________________
For additional information,
contact Jennifer Warren
Tel: 479-968-0269
Fax: 479-968-0633
E-mail: purchasing@atu.edu
Web Site:
http://www.atu.edu/purchasing
AWARD:
INTERGOVERNMENTAL/COOPERATIVE USE OF PROPOSAL AND CONTRACT: In
accordance with Arkansas Code §19-11-249, this proposal and resulting contract is
available to any college or university in Arkansas that wishes to utilize the services of the
selected proposer, and the proposer agrees, they may enter into an agreement as
provided in this RFP.
The University reserves the right to reject any and all bids.
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SPECIFICATIONS:
Page 3 of 9
NO.
ITEM DESCRIPTION
Pricing
1
Hourly Service Rate-Standard
$__________
2
Hourly Service Rate-After Hours
$__________
References: Provide Three Trade References
Reference 1
Name;
Telephone Number:
Email Address:
Company has been a client for how many years?
References: Provide Three Trade References
Reference 2
Name;
Telephone Number:
Email Address:
Company has been a client for how many years?
References: Provide Three Trade References
Reference 3
Name;
Telephone Number:
Email Address:
Company has been a client for how many years?
Page 4 of 9
Prices firm until: _____________________ Date Quote Submitted: _________________
Company Name: ____________________________________________________________________
Signature & Title: ____________________________________________________________________
Name (printed or typed): _______________________________________________________________
Tel No: __________________________ Fax No: _____________________________
E-Mail: ___________________________ Web Site: ___________________________
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Page 5 of 9
IT IS NOT NECESSARY TO RETURN TERMS & CONDITIONS WITH BID RESPONSE
IT IS NOT NECESSARY TO RETURN TERMS & CONDITIONS WITH BID RESPONSE
ARKANSAS TECH UNIVERSITY STANDARD TERMS & CONDITIONS
Revised August 22, 2019
1. GENERAL: Any Special Terms and Conditions included in the Request for Quotation (RFQ) override
these Standard Terms and Conditions. The Standard Terms & Conditions and any Special Terms &
Conditions become a part of any resultant contract.
2. ACCEPTANCE & REJECTION: The University reserves the right to accept or reject all or any part of
a bid or any and all bids, to waive minor technicalities and to award the bid in the best interests of the
University. This RFQ does not in any way commit the University to contract for the commodities/
services listed herein.
3. BID SUBMISSION: Bids must be submitted to ATU Procurement and Risk Management Services on
this RFQ with attachments, when appropriate, on or before the date and time specified for bid opening. If
this RFQ form is not used, the bid may be rejected. If returned by mail, each bid should be placed in a
separate envelope completely and properly identified on the outside of the envelope with the bid number
and the date of opening. Bid must be typed or printed in ink. Late bids will not be considered.
4. FAX BIDS: The University shall not be responsible for mechanical malfunctions that prevent receipt of
faxed response by bid opening time and date.
5. SIGNATURE: Failure to sign bid will disqualify it. Person signing bid should show title or authority to
bind his firm in a contract. “Signature” means a manual or an electronic or digital method executed or
adopted by a party with the intent to be bound by or to authenticate a record that is: (a) unique to the
person using it; (b) capable of verification; (c) under the sole control of the person using it; (d) linked to
data in a manner that if the data are changed, the electronic signature is invalidated
6. AMENDMENTS: Bid cannot be altered or amended after bid opening except as permitted by
regulation.
7. NO BID: It is no longer necessary to return a "No Bid" response to the University. Bidder may be
removed from the List of Bidders for failure to submit a response to three (3) consecutive bid invitations
on any one bid class and/or sub-class.
8. PRICES: Quote FOB destination, freight prepaid. Bid unit price on quantity and unit of measure
specified. In case of errors in extension, unit prices shall govern. Prices are firm and not subject to
escalation, unless otherwise specified in the RFQ. Unless otherwise specified, bid must be firm for
acceptance for thirty (30) days from bid opening date.
9. DISCOUNTS: "Discount from list" bids are not acceptable unless requested in the RFQ. Cash discount
will not be considered in determining the low bid, except in the case of tie bids. All cash discounts offered
will be taken if earned.
10. TAXES & TRADE DISCOUNTS: Do not include State Sales Tax in your bid. Trade discounts should
be deducted from the unit price and the net price shown on bid.
11. QUANTITIES: Quantities stated on “firm” contracts are actual requirements of the University. The
quantities stated in “term” contracts are estimated only and are not guaranteed (the University may order
more or less than estimated quantity).
12. BRAND NAME REFERENCES: Unless specified “No Substitutes”, any catalog, brand name or
manufacturer's reference used in bid invitation is descriptive only and not restrictive, and is used to
indicate type and quality desired. Bids on brands of like nature and quality will be considered. If bidding
on other than referenced specifications, bid must show manufacturer, brand or trade name and other
description, and should include manufacturer's illustrations and complete descriptions of product offered.
If bidder fails to submit such, the bid may be rejected. The University reserves the right to determine
whether a substitute offered is equivalent to and meets the standards of the item specified, and the
University may require the bidder to supply additional descriptive material. Bidder guarantees product
offered will meet or exceed specifications identified in the bid invitation. If bidder takes no exception to
specifications or reference data in this bid, he will be required to furnish product according to brand
names, numbers, etc., as specified in the invitation.
Page 6 of 9
13. GUARANTY: All items bid shall be newly manufactured, in first class condition, latest model and
design, including where applicable containers suitable for shipment and storage, unless otherwise
indicated in bid invitation. Bidder hereby guarantees that everything furnished hereunder will be free from
defects in design, workmanship and material; and that if sold by drawing, sample or specification, it will
conform thereto and will serve the function for which furnished hereunder. Bidder further guarantees that
if the items furnished thereunder are to be installed by the bidder that such items will function properly
when installed. Bidder also guarantees that all applicable laws have been complied with relating to
construction, packaging, labeling and registration. Bidder's obligations under this paragraph shall survive
for a period of one (1) year from date of delivery, unless otherwise specified herein.
14. LIMITATIONS ON LIABILITY: Contract language from Bidder/Vendor that limits in any way the
University’s recovery in tort actions is not acceptable.
15. SAMPLES: Samples or demonstrators when requested must be furnished free of expense to the
University. If samples are not destroyed during reasonable examination, they will be returned to the
bidder, if requested, at bidder’s expense. Each sample should be marked with the Bidder's name and
address, bid number and item number. Tests may be performed on samples or demonstrators submitted
with the bid or on samples taken from regular shipments. In the event products tested fail to meet or
exceed all conditions and requirements of the original specifications, the cost of the sample used and the
reasonable cost of the testing shall be borne by the bidder.
16. ALTERATION OF ORIGINAL RFQ DOCUMENT: The original written or electronic language of
the RFQ shall not be changed or altered except by approved written addendum issued by ATU
Procurement Services. This does not prohibit a vendor/contractor from taking exception(s) to these
documents, but does clarify that he/she cannot change the original document’s written or electronic
language. If a vendor wishes to make exception(s) to any or the original language, they must be submitted
in separate written or electronic language in a manner that clearly explains the exception(s). If a vendor’s
submittal is discovered to contain alterations/changes to the original written or electronic documents, the
response may be declared as “non-responsive” and not considered.
17. AWARD: Any contract resulting from this RFQ shall be awarded with reasonable promptness by
written notice to the lowest responsible and responsive bidder. A written Purchase Order mailed or
otherwise furnished to the successful bidder within the time of acceptance specified in the RFQ results in
a binding contract without further action by either party. The effective date of the purchase order shall be
the date it is mailed or otherwise furnished by the University to the address of the bidder indicated in his
bid. The University reserves the right to award the item (s) listed on the RFQ “individually”, by “groups”,
“all or none” or by any other method as deemed in the best interest of the University. In the event all bids
exceed available funds, as certified by the appropriate fiscal officer, the Agency Procurement Official is
authorized, in situations where time or economic considerations preclude re-solicitation of work of a
reduced scope, to negotiate an adjustment of the bid price, including changes in the bid requirements, with
the lowest responsive responsible bidder in order to bring the bid within the amount of available funds.
Firm Contract: A written University Purchase Order mailed or otherwise furnished to the successful
bidder within the time of acceptance specified in the RFQ results in a binding contract that requires the
contract to furnish the commodities or services as stated on the purchase order that will reference the
original RFQ documents and number. Vendor is to immediately initiate action to comply with the
requirements of the PO that by reference will incorporate all the requirements contained in the original
Request for Quotation. Term Contract: A Contract Award will be issued to the successful bidder. It results
in a binding obligation of the item(s) or service(s) for specific pricing and time frame without further
action at that time by either party. The Contract Award does not authorize any shipment(s) or service(s) to
be provided. Shipment(s) of commodities or the providing of service(s) related to a “term contract” is
only authorized by the receipt of a University Purchase Order by the contractor that will list the actual
requirement, pricing, delivery location and contract number.
18. TERM OF CONTRACT: The RFQ, Contract Award or Purchase Order will clearly state the period of
time the contract will be in effect for each individual contract.
19. DELIVERY: On the face of the RFQ, the bidder should show approximate number of days for
delivery after receipt of order. “Working days” shall be defined as Monday through Friday of each week,
exclusive of all official State holidays.
20. BACKORDERS OR DELAY IN DELIVERY: Backorders or failure to deliver within the time
required may be default of the contract. Contractor must give written notice to Procurement Services of
Page 7 of 9
the reason and the expected delivery date. If reason is not acceptable, contractor is in default. Procurement
Services has the right to extend delivery if reasons appear valid. If date is not acceptable, the University
may buy elsewhere and any additional cost will be borne by the Contractor.
21. DELIVERY REQUIREMENTS: No substitutions or cancellations are permitted without prior written
approval by ATU Procurement Services. Delivery shall be made during ATU work hours only, 8:00 a.m.
to 400 p.m. Monday through Friday, unless prior approval for other delivery has been obtained from the
University. Packing memorandum shall be enclosed with each shipment.
22. DEFAULT: All commodities furnished will be subject to inspection and acceptance of the University
after delivery. Backorders, default in promised delivery or failure to meet specifications authorizes
Procurement Services to cancel this contract or any portion of same and reasonably purchase commodities
elsewhere and charge full increase, if any, in cost and handling to defaulting contractor. Consistent failure
to meet delivery without a valid reason may cause removal from the Bidders’ List or suspension of
eligibility for award.
23. VARIATION IN QUANTITY: The University assumes no liability for commodities produced,
processed or shipped in excess of the amount specified on the ATU Purchase Order.
24. INVOICING: The contractor shall be paid upon completion of all of the following: (1) delivery and
acceptance of the commodities or services; (2) submission of a properly itemized invoice that reflects the
contract/purchase order number(s), item(s), quantity and pricing; (3) and the proper and legal processing
of the invoice by the University. Invoices must be sent to the ATU Accounts Payable Office as shown on
the purchase order. Itemized sales tax shall be shown on the invoice.
25. ATU PROPERTY: Any specifications, drawings, technical information, dies, cuts, negatives,
positives, data or any other commodity furnished to the contractor hereunder or in contemplation thereof
or developed by the contractor for use hereunder shall remain property of the University, be kept
confidential to the extent allowed by Arkansas law, be used only as expressly authorized, and returned at
the contractor's expense to ATU Procurement Services, properly identifying what is being returned.
26. PATENTS OR COPYRIGHTS: The contractor agrees to indemnify and hold Tech harmless from all
claims, damages, and costs, including attorney's fees, arising from infringement of patents or copyrights.
27. ASSIGNMENT: Any contract entered into pursuant to this RFQ is not assignable nor the duties
thereunder delegable by either party without the written consent of both parties of the original contract.
28. CANCELLATION: Either party may cancel any contract or item award for cause by giving a thirty
(30) day notice of intent to cancel. (a) Cause for the University to cancel will include, but is not limited to,
cost exceeding current market prices for comparable purchases, request for increase in prices during the
period of the contract or failure to perform to contract conditions. The contractor will be required to honor
all purchase orders that were prepared and dated prior to the date of expiration or cancellation.
Cancellation by the University does not relieve the contractor of any liability arising out of a default or
nonperformance. If a contract is cancelled due to a request for increases in pricing or failure to perform,
that contractor will be removed from the bidders/vendors list for a period up to twenty-four (24) months.
(b) Cause for the vendor to cancel a contract will include but is not limited to the item(s) being
discontinued and unavailable from the manufacturer or non-payment of vendor invoices by the
University.
29. OTHER REMEDIES: In addition to the remedies outlined herein, the contractor and the University
have the right to pursue any other remedy permitted by law or in equity.
30. LACK OF FUNDS: The University may cancel this contract to the extent funds are no longer legally
available for expenditures under this contract. The University will return any delivered but unpaid goods
in normal condition to the contractor. If the University is unable to return the commodities in normal
condition and there are no funds legally available to pay for the goods, the contractor may file a claim
with Arkansas Claims Commission for the actual expense. If the contractor has provided services and
there are not longer funds legally available to pay for the services, the contractor may file a claim.
31. ETHICAL STANDARDS: It shall be a breach of ethical standards for a person to be retained, or to
retain a person, to solicit or secure a University contract upon an agreement or understanding for a
commission, percentage, brokerage or contingent fee, except for retention of bona fide employees or bona
fide established commercial selling agencies maintained by the contractor for the purpose of securing
business.
32. DISCRIMINATION: In order to comply with the provisions of Act 954 of 1977, relating to unfair
employment practices, the bidder agrees as follows: (a) the bidder will not discriminate against any
Page 8 of 9
employee or applicant for employment because of race, sex, color, age, religion, pregnancy, veterans
status, genetic information, sexual orientation, gender identity, disability or national origin; (b) in all
solicitations or advertisements for employees, the bidder will state that all qualified applicants will receive
consideration without regard to race, color, sex, age, religion, pregnancy, veteran status, genetic
information, sexual orientation, gender identity, disability or national origin; (c) the bidder will furnish
such relevant information and reports as requested by the Human Resources Commission for the purpose
of determining compliance with the statute; (d) failure of the bidder to comply with the statute, the rules
and regulations promulgated thereunder and this non-discrimination clause shall be deemed a breach of
contract and it may be canceled, terminated or suspended in whole or in part; (e) the bidder will include
the provisions of items a through d in every subcontract so that such provisions will be binding upon such
subcontractor or vendor.
33. MINORITY VENDORS: The University encourages all small, minority and women-owned business
enterprises to submit bids. Encouragement is also made to all contractors that, in the event they
subcontract portions of the contract, consideration is given to these groups.
34. ANTITRUST ASSIGNMENT: As part of the consideration for entering into any contract pursuant to
this RFQ, the bidder named on the front of this RFQ, acting herein by the authorized individual, its duly
authorized agent, hereby assigns, sells and transfers to the University/State of Arkansas all rights, title and
interest in and to all causes of action it may have under the antitrust laws of the United States or this State
for price fixing, which causes of action have accrued prior to the date of this assignment and which relate
solely to the particular goods or services purchased or produced by this State pursuant to this contract.
35. CONTRACT & GRANT DISCLOSURE AND CERTIFICATION: Any contract or amendment to
any contract executed by the University that exceeds $25,000 shall require the contractor to disclose
information as required under the terms of Executive Order 98-04 and the regulations pursuant thereto.
Failure of any person or entity to disclose or any violation of any rule, regulation or policy promulgated
by the Department of Finance & Administration pursuant to this order shall be considered a material
breach of the terms of this contract. The material breach of the terms shall subject the party failing to
disclose, or in violation, to all legal remedies available to the University under the provisions of existing
law. If required, the Contract & Grant Disclosure and Certification Form (F-1 and F-2) shall be used for
the disclosure purpose. No contract or amendment to any existing contract will be approved until the
contractor completes and returns the disclosure form.
36. ARKANSAS TECHNOLOGY ACCESS: When procuring a technology product or when soliciting
the development of such a product, the State of Arkansas is required to comply with the provisions of
Arkansas Code Annotated § 25‐26‐201 et seq., as amended by Act 308 of 2013, which expresses the
policy of the State to provide individuals who are blind or visually impaired with access to information
technology purchased in whole or in part with state funds. The Vendor expressly acknowledges and
agrees that state funds may not be expended in connection with the purchase of information technology
unless that system meets the statutory requirements found in 36 C.F.R. § 1194.21, as it existed on January
1, 2013 (software applications and operating systems) and 36 C.F.R. § 1194.22, as it existed on January 1,
2013 (web‐based intranet and internet information and applications), in accordance with the State of
Arkansas technology policy standards relating to accessibility by persons with visual impairments.
ACCORDINGLY, THE VENDOR EXPRESSLY REPRESENTS AND WARRANTS to the State of
Arkansas through the procurement process by submission of a Voluntary Product Accessibility Template
(VPAT) or similar documentation to demonstrate compliance with 36 C.F.R. § 1194.21, as it existed on
January 1, 2013 (software applications and operating systems) and 36 C.F.R. § 1194.22, as it existed on
January 1, 2013 (web‐based intranet and internet information and applications) that the technology
provided to the State for purchase is capable, either by virtue of features included within the technology,
or because it is readily adaptable by use with other technology, of: ‐ Providing, to the extent required by
Arkansas Code Annotated § 25‐26‐201 et seq., as amended by Act 308 of 2013, equivalent access for
effective use by both visual and non‐visual means; ‐ Presenting information, including prompts used for
interactive communications, in formats intended for non‐visual use; ‐ After being made accessible,
integrating into networks for obtaining, retrieving, and disseminating information used by individuals
who are not blind or visually impaired; ‐ Providing effective, interactive control and use of the
technology, including without limitation the operating system, software applications, and format of the
data presented is readily achievable by nonvisual means; ‐ Being compatible with information technology
used by other individuals with whom the blind or visually impaired individuals interact; ‐ Integrating into
Page 9 of 9
networks used to share communications among employees, program participants, and the public; and ‐
Providing the capability of equivalent access by nonvisual means to telecommunications or other
interconnected network services used by persons who are not blind or visually impaired. If the
information technology product or system being offered by the Vendor does not completely meet these
standards, the Vendor must provide an explanation within the Voluntary Product Accessibility Template
(VPAT) detailing the deviation from these standards. State agencies cannot claim a product as a whole is
not commercially available because no product in the marketplace meets all the standards. If products are
commercially available that meet some but not all of the standards, the agency must procure the product
that best meets the standards or provide written documentation supporting selection of a different product.
For purposes of this section, the phrase “equivalent access” means a substantially similar ability to
communicate with, or make use of, the technology, either directly, by features incorporated within the
technology, or by other reasonable means such as assistive devices or services which would constitute
reasonable accommodations under the Americans with Disabilities Act or similar state and federal laws.
Examples of methods by which equivalent access may be provided include, but are not limited to,
keyboard alternatives to mouse commands or other means of navigating graphical displays, and
customizable display appearance. As provided in Act 308 of 2013, if equivalent access is not reasonably
available, then individuals who are blind or visually impaired shall be provided a reasonable
accommodation as defined in 42 U.S.C. § 12111(9), as it existed on January 1, 2013. As provided in Act
308 of 2013, if the information manipulated or presented by the product is inherently visual in nature, so
that its meaning cannot be conveyed non‐visually, these specifications do not prohibit the purchase or use
of an information technology product that does not meet these standards.
37. SOVEREIGN IMMUNITY: Nothing in any agreement resulting from this RFQ shall be construed to
waive the sovereign immunity of the State of Arkansas or any entity thereof, including Arkansas Tech
University.
38. A. C.A. §21-1-503. Company and Artist certify that they are not currently engaged in, and further,
hereby agree that for the duration of the contract, not to engage in a boycott of Israel.
39. A.C.A. § 19-11-249. Any State public procurement unit may participate in any contract resulting
from this solicitation with a participating addendum signed by the contractor and approved by the chief
procurement officer of the procurement agency issuing this solicitation.
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Light Maintenance Bid ARKANSAS TECH UNIVERSITY

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Completed 22 March 2020

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