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Page 1 of 9
INVITATION FOR BID – BID NO. B020007
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: February 6, 2020
TIME: 2 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.
Page 2 of 9
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?
Delivery within: ______________ days ARO Minimum Order: $____________________
Page 4 of 9
FOB Point: ____________________________ Freight Terms: _______________________
(Destination or Shipping Point) (Prepaid, Collect or Added)
If freight charges are to be added, approximate cost: $ __________________________
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
ARKANSAS TECH UNIVERSITY STANDARD TERMS & CONDITIONS
Revised January 9, 2020
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.
Page 7 of 9
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 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 authorize d, 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 perfor m, 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 unabl e 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
Page 8 of 9
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 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:
Page 9 of 9
‐ 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 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.
40. PAST PERFORMANCE. In accordance with provisions of State Procurement Law, specifically OSP
Rule R5:19-11-230(b)(1), a Prospective Contractor's past performance with the State and/or University
may be used to determine if the Prospective Contractor is “responsible”. Proposals submitted by
Prospective Contractors determined to be non-responsible will be disqualified.
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