STATE OF DELAWARE Delaware Health and Social Services Division of Management Services "DMS Serving Those Who Serve Delaware" Specifications and Contract Documents No. RB-03-09 for Eggs Required for use by: Various State Agencies for the month of August 2008 Deposit: Waived Performance Bond: Waived Date Due: July 15, 2008 Time: 10:30 am Local Time Delaware Health and Social Services Main Administration Building-South Loop Division of Management Services Procurement Branch-Room 262 1901 North DuPont Highway New Castle, Delaware 19720 Invitation to Bid RB-03-09 Sealed bids for Eggs for Various Delaware State Agencies must be received by the Delaware Health & Social Services, Main Administration Building-South Loop, Procurement Branch-Room 262, 1901 North DuPont Highway, New Castle, DE 19720, until 10:30 A.M. Local Time on July 15, 2008 at which time they will be opened, read and recorded. Specifications may be obtained at the above office. Phone: (302) 255- 9292. Please Note: The following paragraphs hereby become part of the General Terms and Conditions of this bid. 1, 2, 3.1, 3.42, 4.1, 5.2, 6.1, 7.2, 7.6, 7.8, 9.1, 10.1, 11.1, 11.2, 12.1, 13.1, 16.1, 16.2, 17.3, 18.1, 19.1, 20.1, 20.2, 23.1, 23.4 and 25. http://www.dhss.delaware.gov/dhss/rfp/dhssrfp.htm. Contact Person: Debbie Donovan (302) 255-9292 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 the four (4) digit Contract number on the outside of the envelope. If this number is omitted your Bid will immediately be rejected. Delivery Instructions: It is the responsibility of the bidder to assure that the Proposal/Bid has been received by the Department of Health and Social Services by the deadline. To insure that your Bid is in the above office on the date and time specified, there are three (3) recommended methods of delivery. * Hand Delivery * Federal Express * UPS For further bidding information please contact: Buyer: Debbie Donovan Delaware Health and Social Services Main Administration Building-South Loop Division of Management Services Procurement Branch-Room 262 1901 North DuPont Highway New Castle, Delaware 19720 Additional Terms and Conditions Billing: The successful vendor is required to “Bill as Shipped” to 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. Payment: The Agencies or School districts involved will authorize and process for payment each invoice within thirty (30) days after the date of receipt. The contractor or 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. Product Substitution: All items delivered during the life of the contract shall be of the same type and manufacture as specified unless specific approval is given by DHSS-DMS- Procurement to do otherwise. Substitutions may require the submission of written specifications and product evaluation prior to any approvals being granted. Ordering Procedure: Successful contractors are required to have either a local telephone number with the area code or a toll free number to accept collect calls. Each Agency is responsible for placing their orders and may be accomplished by written purchase order, telephone, fax or computer on-line systems. Hold Harmless: The contractor 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 or 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. Force Majeure: Neither the contractor 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. Vendor Emergency Response Point of Contact: The awarded vendor’s shall provide the name’s telephone number or cell phone number’s of those individuals who can be contacted twenty four (24) hours a day, seven days a week where there is a critical need for commodities or services when the Governor of the State of Delaware declares a State of Emergency under the Delaware Emergency Operations Plan April 2005. Failure to provide this information could render the bid as non-responsive. Contact Person: Address: Phone Number: Cell Phone Number(s):