STATE OF DELAWARE DELAWARE HEALTH AND SOCIAL SERVICES DIVISION OF MANAGEMENT SERVICES "DMS -serving those who serve Delaware" SPECIFICATIONS AND CONTRACT DOCUMENTS NO. #HSS-10-054 FOR BED AND WHEELCHAIR PADS AND BODY POSITIONERS Required for Use By VARIOUS DELAWARE STATE AGENCIES Deposit Waived Performance Bond Waived Date Due FEBRUARY 2, 2010 Time 11:00 AM Local Time DELAWARE HEALTH AND SOCIAL SERVICES MAIN ADMINISTRATION BUILDING-SULLIVAN STREET DIVISION OF MANAGEMENT SERVICES PROCUREMENT BRANCH- ROOM 260 HERMAN M. HOLLOWAY SR. HEALTH & SOCIAL SERVICES CAMPUS 1901 N. DUPONT HIGHWAY NEW CASTLE, DELAWARE 19720 INVITATION TO BID # HSS-10-054 Sealed bids for BED AND WHEELCHAIR PADS AND BODY POSITIONERS 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 FEBRUARY 2, 2010 at 11:00 AM, at which time they will be opened, read and recorded. Specifications may be obtained at the above office. Phone: (302) 255-9295. Please review the General Rules and Conditions and the General Requirements. The following paragraphs from the General Requirements hereby become part of the General Terms and Conditions of this bid: 1, 2, 3, 4, 5, 6, 7, 8, 9 10, (See also Special Terms & Conditions & Unapproved Brand List) Contact Person: Annette Opalczynski (302) 255- 9295 The General Rules and Conditions and General Requirements appear on the DHSS website. The following forms must be included with your bid: 1) Bidder Signature Form 2) Vendor Certification Form 3) Office of Minority and Women Business Enterprise Forms All of the above mentioned 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 and you wish to be kept on our mailing list you are required to return the face sheet with "NO BID" stated on the front with your company's name, address and signature. IMPORTANT: ALL BIDS MUST HAVE OUR HSS CONTRACT NUMBER LISTED ON THE OUTSIDE ENVELOPE. IF THIS NUMBER IS OMITTED YOUR BID WILL 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 DELIVERY 2. FEDERAL EXPRESS 3. UPS FOR FURTHER BIDDING INFORMATION PLEASE CONTACT: BUYER: ANNETTE OPALCZYNSKI DELAWARE HEALTH & SOCIAL SERVICES PROCUREMENT BRANCH SECOND FLOOR- MAIN 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 APRIL 1, 2010 THROUGH MARCH 31, 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. This 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) SAMPLES: The State of Delaware reserves the right to request a sample of any item to be trialed and evaluated before an award is made. The low bidder will be contacted after the bid opening regarding samples. Samples must be provided free of charge and delivered at the bidder's expense. Providing they have not been made useless through tests, samples will be returned at the bidder's risk and expense upon request. 6) Deliveries shall be F.O.B. destination to all state agencies that are under the jurisdiction of Delaware Health & Social Services. 7) The State of Delaware will only honor minimum order requirements of $50.00. 8) 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. 9) Only one price per item will be accepted. Multi bracket pricing will be disallowed. 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) If the awarded vendor fails to supply an item, he must get approval from The Delaware Health & Social Services Procurement Office to submit a substitute at the same contract price. This must be done prior to delivery. 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. Delaware Health & Social Services, Procurement Office, in consultation with the ordering agency will be the sole judge of material equivalencies and such decision will be final. On all such purchases, the vendors shall reimburse the agency for an expense incurred in excess of contract prices 12) When an error is made in extending total prices, the unit bid price will govern. Carelessness in quoting prices or otherwise, in preparation of the bid, will not relieve the bidder of their obligation to fulfill the requirements of the submitted bid. Erasures in bids must be explained. 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. 13) 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. 14). The agencies will authorize and process payment of each invoice within thirty (30) days after the date of receipt. The vendor must accept full payment by procurement credit card and/or conventional check and/or other electronic means at the State's option, without imposing any additional fees, costs, or conditions. 15) 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 may require the submission of written specifications and product evaluation prior to any approvals being granted. 16) Vendors are required to have either a local telephone number 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. 17) Force Majeure: Neither the vendor nor the ordering agency shall be held liable for non-performance under the terms and conditions of this contract due to, 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. 18) Hold Harmless: The 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 vendor, 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. 19) Vendor Emergency Response Point of Contact: The vendor shall provide the names and telephone numbers of those individuals who can be contacted twenty- four hours a day, seven (7) days a week if there is a critical need for commodities or when/if the Governor of the State of Delaware declares a State of Emergency. Failure to provide this information could render the bid non-responsive. 20) Option to extend contract for an additional (1) one year period if agreed upon by all parties. UNAPPROVED BRAND LIST The following items were sampled by the agencies and were not approved: Line Item: Specification: Brand Not Approved: Item # 49 Panacea Performance Cushion Skilcare #751010 16" W x 16" or 18" D 16" W x 16" or 18" D Item # 50 Panacea Performance Cushion Skilcare #751027 18" W x 16" or 18" D 18" W x 16" or 18" D Item # 51 Panacea Performance Cushion Skilcare #915110 20" W x 16" or 18" or 20" D 20" W x 16" or 18" or 20" D