STATE OF DELAWARE DELAWARE HEALTH AND SOCIAL SERVICES DIVISION OF MANAGEMENT SERVICES "DMS Serving Those Who Serve Delaware" SPECIFICATIONS AND CONTRACT DOCUMENTS NO# GSS-10-575 FOR PERSONAL CARE PRODUCTS Required for Use By VARIOUS DELAWARE STATE AGENCIES OCTOBER 1, 2010 THROUGH SEPTEMBER 30, 2011 Deposit Waived Performance Bond Waived Date Due June 30, 2010 11:00 AM Local Time DELAWARE HEALTH AND SOCIAL SERVICES DIVISION OF MANAGEMENT SERVICES PROCUREMENT BRANCH- MAIN BLDG., ROOM 260 HERMAN M. HOLLOWAY SR. HEALTH AND SOCIAL SERVICES CAMPUS 1901 N. DUPONT HIGHWAY NEW CASTLE, DELAWARE 19720 INVITATION TO BID #GSS-10-575 Sealed bids for PERSONAL CARE PRODUCTS for Various Delaware State Agencies must be received by the Delaware Health & Social Services, Procurement Branch, Main Administration Building, Second Floor, Room #260, 1901 North DuPont Highway, (Sullivan Street ), Herman M. Holloway Sr., Health & Social Service Campus, New Castle, Delaware 19720, until 11:00 AM LOCAL TIME ON JUNE 30 2010, at which time they will be opened, read and recorded. Specifications may be obtained at the above office. Phone: (302) 255-9295. PLEASE NOTE: The following paragraphs hereby become part of the General Terms and Conditions of this bid. 1, 2, 3, 4, 5, 6, 7, 8, 10, 13, 15 , 16 and 27 PLEASE ALSO SEE SPECIAL TERMS AND CONDITIONS AND THE SPECIAL INSTRUCTIONS REGARDING CONDOMS SPECS AND SAMPLES. Please review the General Rules and Conditions and the General Requirements for Non-Food, which appear on the DHSS website. The following forms must be included with your bid: 1) the Bidder Signature Form, 2) the Vendor Certification Form and 3) the Office of Minority and Women Business Enterprise Forms. All of these documents can be accessed on the DHSS website: http://www.dhss.delaware.gov/dhss/rfp/dhssrfp.htm NOTE TO VENDORS: Your bid must be signed and all information on the signature page completed. If you do not intend to submit a bid, please send an e-mail to the buyer for this bid, stating that you do not intend to bid on this contract and would like to remain on the mailing list. IMPORTANT: ALL BIDS MUST HAVE ON THE OUTSIDE ENVELOPE OUR (8) EIGHT DIGIT CONTRACT NUMBER. IF THIS NUMBER IS OMITTED YOUR BID WILL IMMEDIATELY BE REJECTED. ALL BIDS MUST BE DELIVERED TO THE ADDRESS ON THE BID ENVELOPE. UNDER NO CIRCUMSTANCES WILL A BID BE ACCEPTED THAT IS : ---LATE ---DELIVERED TO THE WRONG BUILDING ---SIGNED FOR BY A PERSON OTHER THAN A MEMBER OF THE PROCUREMENT STAFF. DELIVERY INSTRUCTIONS: TO INSURE THAT YOUR BID IS IN THE PROCUREMENT OFFICE ON THE DATE AND THE TIME SPECIFIED, THERE ARE THREE (3) RECOMMENDED METHODS OF DELIVERING BID PROPOSALS LISTED BELOW: 1. HAND DELIVER 2. FEDERAL EXPRESS 3. UPS FOR FURTHER BIDDING INFORMATION PLEASE CONTACT: BUYER: ANNETTE OPALCZYNSKI DELAWARE HEALTH & SOCIAL SERVICES PROCUREMENT BRANCH MAIN ADMIN. BLDG., ROOM 260 1901 NORTH DUPONT HIGHWAY HERMAN M. HOLLOWAY SR., HEALTH & SOCIAL SERVICES CAMPUS NEW CASTLE, DELAWARE 19720 PHONE: (302) 255-9295 SPECIAL TERMS & CONDITIONS 1) Prices are to be valid from OCTOBER 1, 2010 THROUGH SEPTEMBER 30, 2011. Price increases will not be accepted. 2) VENDORS MUST SUBMIT A COPY OF THEIR DELAWARE BUSINESS LICENSE WITH THEIR BID. TO APPLY FOR A LICENSE, CALL 302-744-1085 or access the following website: https://onestop.delaware.gov/osbrlpublic/Home.jsp 3) Any state facility or agency in the State of Delaware may utilize this contract, which may increase the quantities beyond the projected amount. 4) UNSPS CODE: The State of Delaware is in the process of implementing a new financials system. Bidders must supply the United Nations Products and Services Code (UNSPSC) for each item in their bid proposal. Failure to include the UNSPSC may be grounds for rejection of your bid. The UNSPSC can be accessed at the following website: www.top500.de/lexikon/unspsc.php 5) The State of Delaware will only honor minimum order requirements of $50.00. 6) Option to extend contract for an additional (1) one year period if agreed upon by all parties. 7) Deliveries must be F.O.B. destination to all state agencies. 8) Purchase orders will be issued as needed by various agencies. 9) Upon delivery, product shall be inspected by an authorized representative of Delaware Health & Social Services, and if found defective or if it fails in any way to meet specifications as indicated in the bid quotation section, it may be rejected. The decision(s) of the Chief of Procurement of the Department of Health & Social Services shall be final. All rejected material will be replaced by the supplier within seven (7) days. 10) Packaging must be adhered to. All items must be stated as "each, "box" or other specified quantity. Any vendor who fails to identify quantity, package size, catalogue # or unit size will be disqualified. 11) Vendors must provide free samples at their own expense. Samples will not be returned. 12) Failure of a vendor to deliver within the time specified or within reasonable time as interpreted by the agency, shall permit the agency to purchase in the open market, products of comparable grade to take the place of those products that were not delivered. On all such purchases, the vendors shall reimburse the agency for an expense incurred in excess of contract prices. 13) If the awarded vendor cannot supply an item, he must get approval to submit an approved equal at the same price, from Delaware Health and Social Services, Procurement Office. This must be done prior to delivery. If the vendor fails to supply an item, Delaware Health & Social Services has the right to authorize the ordering agency to order an equivalent product on the open market and to charge the vendor the price difference. Items that are discontinued by the manufacturer are also subject to this policy. 14) When an error is made in extending total prices, the unit bid price will govern. Carelessness in quoting prices or in preparation of the bid will not relieve the bidder. Erasures in bids must be explained over signature of bidder. All prices must be rounded off to two decimal places. Three decimal places will not be accepted. Example: $10.624 should be rounded off to $10.62. Failure to do so will mean disqualification of said item. 15) The successful vendor is required to "Bill as Shipped" to the respective ordering agency (s). Ordering agencies shall provide at a minimum the contract number, ship to and bill to address, contract name and phone number. 16) The agencies will authorize and process for payment each invoice within thirty (30) days after the date of receipt. The vendor must accept full payment by credit card or conventional check and/or other electronic means at the State's option, without imposing any additional fees or restrictions. 17) All items delivered during the life of the contract shall be of the same type and manufacture as specified in the bid, unless specific approval is given by DHSS- Procurement to do otherwise. Substitutions require the submission of written specifications and product evaluation prior to any approvals being granted. 18). Vendors are required to have either a local telephone number with the area code, or a toll free number to accept calls. Each agency is responsible for placing their orders and this may be accomplished by purchase order, telephone, fax or computer online systems. 19) Force Majeure: Neither the contractor (vendor) nor the ordering agency shall be held liable for non-performance under the terms and conditions of this contract due, but not limited to government restriction, strike, flood, fire or unforeseen catastrophe beyond either party's control. Each party shall notify the other in writing of any situation that may prevent performance under the terms and conditions of this contract. 20) Hold Harmless: The contractor (vendor) agrees that it shall indemnify and hold the State of Delaware and all its agencies harmless from and against all claims for injury, loss of life, or damage to or loss of use of property cause or alleged to be caused by acts of omissions of the contractor, its employees and invitees on or about the premises and which arise out of the contractor's performance or failure to perform as specified in the agreement. 21) Vendor Emergency Response Point of Contact: The vendor shall provide the names and telephone numbers of those individuals who can be contacted twenty-f four hours a day, seven (7) days a week if there is a critical need for commodities or when the Governor of the State of Delaware declares a State of Emergency. Failure to provide this information could render the bid non-responsive. 22) INMATE PERSONAL CARE ITEMS MUST NOT CONTAIN ANIMAL PRODUCTS. All samples must be provided free of charge and mailed prior to the bid opening date. Please label all samples by referencing the item number on the bid. Samples WILL NOT be returned. Vendors who bid items in the Inmate Personal Care Section should mail their samples to: The Department of Corrections Att: Mr. Paul Giery Purchasing Office 245 McKee Road Dover, DE 19904 302-739-5601 ENIVIRONMENTALLY FRIENDLY PERSONAL CARE ITEMS 1) All items must meet EcoLogo certification as specified in EcoLogo's Certification Criteria Document CCD-103. Information can be found at: www.ecologo.org. 2) Bidders may propose products having certification from an alternate third party, so long as the certification establishes strict limits on toxicity, biodegradability, and packaging. Bidders will be expected to supply a copy of the alternate third party certification or an internet link to the certifying organization's document. The State reserves the final right in determining if the proposed alternate is acceptable. 3) Samples will be requested after the bid opening. Samples must be provided free of charge and at the vendor's expense. Samples will not be returned. 4) Quantities of Environmentally Friendly Items are approximate. The State may choose to purchase these items in lieu of or in conjunction with items appearing elsewhere in the bid. 5) For questions regarding Environmental Friendly Products, please contact Annette Opalczynski at 302-255-9295 or annette.opalczynski@state.de.us. SPECIFICATIONS FOR CONDOMS: 1) All condoms must be electronically tested and meet U.S.Government Standards and ASTM Standards. 2) All condoms must be made of 100% natural latex (except where noted). 3) All lubricated condoms must use a water-based or silicone-based lubricant without spermicide. 4) All condoms must be individually packaged. PLEASE ADHERE TO THE SPECIFICATIONS AS LISTED IN THE BID. DEVIATIONS FROM THESE SPECIFICATIONS WILL NOT BE CONSIDERED. SAMPLES: Bidders must submit 2 samples of each item bid. Samples WILL NOT be returned. Samples must be labeled with: *Bid # *Line Item # *Product ID# *Bidder's Name SAMPLES SHOULD BE MAILED PRIOR THE BID OPENING TO: Delaware Health & Social Services Herman Holloway Campus Att: Annette Opalczynski Main Admin. Bldg, 2nd Floor --Room 260 1901 N. Dupont Hwy. New Castle, DE 19720 302-255-9295