RFQ 20128

RFQ 20128
BIDDING INSTRUCTIONS FOR SEALED BIDS
Sealed bids will be accepted at the Grand River Dam Authority Engineering & Technology Center
9933 E. 16th Street Tulsa, OK 74128. Bids received after the bid opening time and date will not be
opened or considered.
RFQ or RFP Number:
20128
Bid Opening Time & Date:
3/7/16
Description:
2:00 PM CT
Train Set Storage
Contracting & Acquisitions Agent:
Jeremy Conn
Bids must be enclosed in a sealed envelope or package and addressed as follows:
PURCHASING UNIT
SEALED BID No. 20128
GRAND RIVER DAM AUTHORITY
9933 E. 16th Street
Tulsa, OK 74128
Express Mail/Overnight packages must also be addressed as above.
Bids not addressed as instructed above negate the confidentiality of the sealed bid and, therefore, will
be rejected and returned to the bidder without being considered.
All bids responses shall be typewritten or handwritten in ink, and any corrections to bids shall be
initialed in ink. Bids and proposals submitted in pencil will not be accepted.
All bids and proposals shall include an original signature of the bidder and shall be accompanied by a
properly executed non-collusion affidavit with original signatures and notary seal.
Bid responses are to include payment terms and delivery information. Bids and proposals shall be
quoted FOB: Destination/Freight Allowed unless stated otherwise within the Request for Quote. All
packaging, handling, shipping and delivery charges shall be included in the unit price quoted for each
line item. No exceptions will be granted unless approved by the guidelines of the Chief Financial
Officer or designee.
Fax or e-mail Bids will not be accepted.
Bidders opting to decline the bid offering are requested to submit a response with a brief explanation.
Grand River Dam Authority is an agency of the State of Oklahoma, fully supported by customer revenues instead of taxes.
Engineering & Technology Center • 9933 E. 16th St. • Tulsa, Oklahoma 74128 • Phone: 918-610-9600 • Fax: 918-610-9891
GRDA Finance Form 005 (10-2006)
REQUEST FOR QUOTE # 20128
RFQ #
20128
Quotation Due By:
Bid Due Time:
VENDOR INFO:
03/07/2016
2:00:00 PM
VENDOR #:
NAME:
CONTACT:
ADDRESS 1:
99999.00
REPLY TO:
Jeremy A. Conn
PURCHASING DEPARTMENT
Grand River Dam Authority
9933 East 16th Street
Tulsa, OK 74128
ADDRESS 2:
CITY:
STATE:
EMAIL:
PHONE:
NOTE:
FAX:
ZIP:
PHONE:
FAX:
EMAIL:
918-610-9744
918-610-9891
[email protected]
1. The bid opening date and time for this RFQ is March 7, 2016 at 2:00 PM CT. Each bid response must be received by
March 7, 2016 before 2:00 PM CT so it can be recorded as received prior to the bid opening time.
2. The outside envelope for each bid must be marked as (Sealed Bid 20128). See instructions on the Sealed Bid cover
sheet.
3. A completed non-collusion affidavit is required and must be submitted with your bid.
4. This form must be signed by an authorized representative of your company in the space provided in the lower right
hand corner of this form.
5. The award to the successful bidder will be based on the lowest and best bid received that meets the specifications
listed below and the requirements herein. Preference may be given to E-pay vendors if analysis estimates that such
appears to result in a lower cost to GRDA.
6. GRDA will take into consideration past performance and ability to meet delivery deadlines in the evaluation.
BLANKET AGREEMENT PERIOD
The blanket agreement is for a 12 month period, commencing March 7, 2016 or date of award, whichever is later and
ending March , 2017.
BLANKET AGREEMENT TYPE AND PRICING
This is a firm, fixed price or fixed percent discount, indefinite delivery and indefinite quantity blanket agreement. The
GRDA may, or may not, buy the quantity mentioned in this blanket agreement. Any reference to quantity provided in the
blanket agreement is an estimate only, and shall not serve to obligate the GRDA to purchase any minimum quantity, nor
shall any such reference serve to establish any maximum quantity that the vendor is required to furnish. The vendor
must clear all shipments, if applicable, with the GRDA prior to shipping any portion of this blanket agreement.
Pricing as submitted shall contain all direct and indirect costs associated with unit price, e.g., insurance, fees, taxes,
profit, overhead, general and administrative expenses.
All travel expenses to be incurred by the vendor in performance of the blanket agreement shall be included in the total
bid price / agreement amount.
CANCELLATION CLAUSE
The Authority may terminate the contract for default or any other just cause upon a 30 day written notification to the
contractor.
****** Read the General Bidding Instructions attached to this RFQ for further instructions.******
GRDA Visa Payment
GRDA provides a Visa payment program which invoices payment by a secure Visa account number assigned to the
supplier after award of contract. Notification of payments and required invoice information are issued to your designated
Accounts Receivable contact by e-mail remittance payment.
Preference may be shown during the evaluation process to bidders that agree to accept the Visa payment of invoices. To
learn more about the benefits of the Visa payment program, and to obtain answers to FAQ, click or copy and paste the
following URL into your browser: www.bankofamerica.com/epayablesvendors.
REQUEST FOR QUOTE # 20128
Will accept payment by Visa: Yes ____ No ____ (check one)
Visa acceptance signature: _________________________
Designated Accounts Receivable Contact for Visa remittance advices:
Name: __________________________
Phone: __________________________
Email: __________________________
LINE
ITEM
1
DESCRIPTION
Storage of a train set
The Grand River Dam Authority is requesting bids for
storage of an empty unit coal train set.
The unit train will consist of up to 135-railcars.
It is anticipated that storage will be required for
approximately 90-365 days.
Each railcar is 53-feet in length and is the Bethgon II
rotary dump design, manufactured by FreightCar
America
with an average tare weight of 42,000 lbs.
Railcars will be supplied for storage without any
significant coal (empty).
Unit train will be stripe aligned and returned to car
owner striped aligned from storage.
GRDA would prefer if bidders could accommodate a
storage location (plus or minus 150-miles )
along car owners route of travel:
BNSF Gillette Wyoming, Edgemont South Dakota,
Alliance Nebraska, Lincoln Nebraska, Kansas City
Missouri.
UPRR Kansas City Missouri, Paola Kansas, Parsons
Kansas, Pryor Oklahoma, Wagoner Oklahoma,
Coffeeville Kansas, Durand Kansas.
Bidders are requested to supply quotation for unit
train set storage, and to include the following
information.
Charge per railcar, for each day of storage
$_________________________________
Charge for initial placement of unit train for storage.
NUMBER OF
UNITS
UNIT OF
MEASURE
1.0
$
UNIT
PRICE
LINE
COST
LEAD TIME
REQUEST FOR QUOTE # 20128
LINE
ITEM
DESCRIPTION
NUMBER OF
UNITS
UNIT OF
MEASURE
UNIT
PRICE
LINE
COST
LEAD TIME
(switch-in) $_______________________________
Charge for retrieval of unit train from storage
(switch-out) $_________________________
Location of proposed storage track, and delivery or
interchange location.
_________________________________________________________
Name of railroad supplying delivery to storage track.
(GRDA is a 2-line haul contractually served by UPRR
& BNSF)
Availability of storage track (immediate storage if
desired)
The storage of the coal unit train will be subject to
the terms
and conditions described in the Pro Forma "Railcar
Storage Agreement"
attached hereto and made a part of this request.
NOTE: All prices must be quoted FOB: Destination. All freight
charges to delivery point must be included in the unit price
quoted for each line item. All packaging, handling, delivery and
any other surcharges must also be included in the price quoted
for each line item.
PAYMENT TERMS:
QUOTE EXPIRATION DATE:
QUOTATION NUMBER:
QUOTED BY (please print):
SHIP TO:
Grand River Dam Authority
GRAND RIVER ENERGY CENTER
8142 HWY 412B
4 MI EAST ON HWY 412 & 1 MI NORTH ON HWY
412B
CHOUTEAU OK 74337
COMPANY NAME:
SIGNATURE:
DATE OF QUOTE:
THIS IS NOT AN ORDER. We would be pleased to receive your quotation for furnishing the above. This form must be completed in full (including signature) and
returned by the due date above. You may attach additional pages if necessary. If attached, the Non-Collusion form must be completed and returned with your quotation.
NO PARTIAL SHIPMENTS OR PARTIAL PAYMENTS WILL BE ALLOWED WITHOUT PRIOR APPROVAL.
All articles purchased hereunder shall be in accordance with the Bidding Procedures and General Terms & Conditions contained on the attached sheets.
__________
RAILCAR STORAGE AGREEMENT
This Railcar Storage Agreement “Agreement” dated as of _________________, 2015,
between, _____________________________ (herein “Railroad”), and Grand River Dam
Authority, an agency of the STATE OF OKLAHOMA, organized and existing pursuant to 82 O.S.
§ 861 et. Seq., as amended (herein “Customer”), collectively referred to as the “Parties”.
WHEREAS, Customer from time to time, has empty railcars in excess of its need and
placement ability, and desires to store them temporarily on Railroad’s tracks until they can be
ordered into Customer’s facility.
WHEREAS, subject to availability of storage space, Railroad is ready, willing and able to
provide storage for customer’s railcars in accordance with the terms of this Agreement.
NOW THEREFORE, for and in consideration of the mutual benefits and obligations set
forth in this Agreement, the parties agree that the following terms and provisions shall govern the
storage of Customer’s railcars by Railroad as follows:
1.
2.
STORAGE OF RAILCARS
1.1
When Customer desires to store railcars on Railroad’s tracks, it must notify
Railroad of the number of railcars it wishes to store and the dates on which
the railcars will be tendered for storage. Railroad will promptly advise as
whether and to what extent it can accommodate Customer’s request.
1.2
This Agreement does not obligate Railroad to accept all or any number of
railcars for storage tendered by Customer.
1.3
Movement of Customer’s railcars onto Railroad’s tracks is evidence that
Customer has accepted the premises as suitable for storage.
1.4
Customer shall deliver each railcar empty, clean and free of accumulations
or deposits of commodities previously carried.
FEES
2.1
For each railcar which is stored pursuant to the term of this Agreement,
Railroad will receive the following fees:
2.1.1
$________ per railcar, for switching the railcar onto is tracks from
the Interchange Point and placing the railcar into storage.
1
3.
4.
2.1.2
$________ per railcar, for switching the railcar out of storage to an
Interchange Point for delivery to Customer.
2.1.3
$________ per railcar, per day for each day or fraction thereof that
the railcar is on Railroad’s tracks for the purpose of storage pursuant
to this Agreement.
2.2
The aforementioned fees are for special and unique services and are in
addition to, and not in lieu of, any other fees or charges owed to Railroad
by Customer, including but not limited to transportation charges, switching
fees, tariff charges or divisions. Customer is responsible for all other freight
charges as may be charged by railroads other than the Railroad and shall
clearly denote such wording on its bills of ladings or other documents used
to move the Cars.
2.3
All railcars received by Railroad will continue to be billed on a daily basis
and at a daily rate so long as they are not requested and are not delivered to
Customer’s facility.
2.4
The total billable fees under this Agreement shall not exceed
$____________ without prior written authorization from Customer.
INVOICING PAYMENT OF CHARGES
3.1
Railroad shall issue an end of the month invoice identifying each railcar by
car mark(s), number(s) and date received into storage, as well as by date
taken out of storage for delivery to Customer’s facility.
3.2
All daily storage fees shall be invoiced on a monthly basis and switching
charges will be invoice weekly by Railroad to Customer at the address listed
in Section 8.1, or to such other address as Customer shall delivery Railroad
in writing.
INVOICING PAYMENT OF CHARGES
4.1
This Agreement shall continue for a period of one (1) year from the date
first written above, unless sooner terminated.
4.2
Either party may terminate this Agreement at any time, provided that thirty
(30) day written notice is provided to the other party’s appropriate
undersigned authorized representative.
4.3
If this Agreement is terminated for any reason prior to its natural expiration,
Customer shall, within five (5) days of the date of termination or by the date
of natural expiration of this Agreement, forward Railroad shipping
instructions and Railroad shall move all of Customer’s railcars stored on
2
Railroad’s tracks to the nearest Interchange Point within ten (10) days of
receipt of the shipping instructions.
5.
6.
DEGREE OF CARE; LIMITATION OF LIABILITY
5.1
To the extent allowed by Oklahoma law, Railroad is responsible only for
the cost of repair or replacement, whichever is lower, for damage or loss to
the Cars that directly results from its negligent acts or lack of ordinary care.
The replacement value of each Car will not exceed the Destroyed Value of
the Cars as calculated by current rules of the American Association of
Railroads. Notwithstanding the foregoing, in no event shall Railroad be
liable for any costs resulting from existing conditions of the Cars, ordinary
wear and tear, theft of parts, graffiti/paint/vandalism, or acts of God that
may affect the Cars.
5.2
The extent allowed by Oklahoma law, Railroad will not be responsible for
any loss or damage to any railcar or lading therein, stored on its tracks
pursuant to this Agreement, except to the extent caused by Railroad’s sole
gross negligence or willful misconduct. In no event shall Railroad be liable
for loss or damage to any railcar caused by a Force Majeure Event as
defined in Section 7 of this Agreement.
INDEMNIFICATION
6.1
7.
To the extend allowed by Oklahoma law, Customer shall indemnify
Railroad, and hold Railroad harmless from and against all demands, claims,
damages, losses and expenses (including court costs and reasonable
attorney’s fees) for damage to or destruction of property, or injury or death
to any person asserted against Railroad by any person, where the claim
arises from or relates to the storage or movement of customer’s railcars on
Railroad’s tracks, pursuant to the terms of this Agreement, except to the
extent caused by the gross negligence or willful conduct of Railroad.
FORCE MAJEURE
7.1
As used in this Agreement, a “Force Majeure Event” means any act or event,
whether foreseen or unforeseen, that:
7.1.1
prevents a party (the Nonperforming Party”), in whole or in part,
from performing its obligations under this Agreement, or satisfying
any conditions to the Performing Party’s obligations under this
Agreement and
7.1.2
is beyond the reasonable control of and not the fault of the
Nonperforming Party, and
3
7.1.3
8.
the Nonperforming Party has been unable to avoid or overcome by
the exercise of due diligence.
7.2
In furtherance of the definition of Force Majeure Event and not in limitation
of that definition, each of the following acts or events is deemed to meet the
requirements of Section 7.1: war, flood, lightning, drought, earthquake,
fire, eruption, landslide, hurricane, cyclone, typhoon, tornado, explosion,
civil disturbance, act of God or the public enemy, terrorist act, military
action or action of a court of public authority.
7.3
No later than ten (10) days after becoming aware of the occurrence of a
Force Majeure Event, the Nonperforming Party shall furnish the Performing
Party a written report describing the particulars of the occurrence, including
an estimate of its expected duration and probable impact on the performance
of the Nonperforming party’s obligations under this Agreement. After such
notice is given, the obligations under this Agreement shall be suspended for
the duration of the Force Majeure Event, until notice is given pursuant to
Section 7.4 of this Agreement. Each party will use commercially reasonable
efforts to end the Force Majeure Event. The suspension of any obligation
sunder this Section shall cause the term of this Agreement to be extended,
unless earlier terminated, for a like number of days as the Force Majeure
Event was in effect.
7.4
When the Nonperforming Party is able to resume performance of its
obligations under this Agreement, or satisfy the conditions precedent to the
Performing Party’s obligations, it shall immediately give the Performing
Party written notice to that effect and shall resume performance under this
Agreement no later than two working days after the notice is delivered.
NOTICE
8.1
All notices required to be given by either party to the other (unless expressly
stated otherwise in this Agreement), must be in writing and shall be
delivered to the other party by overnight messenger service, United States
certified mail with return receipt requested, or by overnight courier, and
addressed as follows:
To:
Customer
Grand River Dam Authority
P.O. Box 609
Chouteau, Oklahoma 74337-0609
Attention: Charles J. Barney
Assistant General Manager
[email protected]
918-824-1074, extension 57517
4
To:
8.2
9.
11.
Either party may designate an alternate or different address by sending
notice of such intent to the address listed in Section 8.1.
ASSIGNMENT
9.1
10.
Railroad
Except in the event of the sale of some or all of the railcars by Customer,
neither this Agreement nor any rights or remedies contained in this
Agreement may be assigned by Parties without the prior written consent of
the other.
GOVERNING LAW
10.1
The laws of the State of Oklahoma govern all matters arising out of or
relating to this Agreement, including, without limitation, its interpretation,
construction, performance and enforcement.
10.2
Any party bringing a legal action or proceeding against any other party
arising out of or relating to this Agreement may bring the legal action or
proceeding in the state courts of the State of Oklahoma and the United States
District Court for the Northern District of Oklahoma.
ENTIRE AGREEMENT
11.1
This Agreement sets forth the entire agreement between the Parties, and
replaces and supersedes any prior agreements, understandings, negotiations,
or discussions between the Parties relative to the subject matter of this
Agreement.
11.2
This Agreement may only modified by a written amendment signed by an
authorized representative of both Parties.
5
IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed by the
duly authorized representatives as of the date first above written.
CUSTOMER: Grand River Dam Authority
By:
_______________________________________
Daniel S. Sullivan
Title: GM/CEO and Director of Investments
RAILROAD:
By:
_______________________________________
Title: _______________________________________
6
NON-COLLUSION AFFIDAVIT
RFQ / RFP #
GRAND RIVER DAM AUTHORITY
A Non-Collusion Affidavit shall be included with any competitive bid or contract submitted for goods or services
exceeding $50,000.00, or for any competitive bid or contract submitted for the purpose of repairs and
improvements to GRDA facilities exceeding $5,000.00.
A.
For purposes of competitive bid or contract, being of lawful age and first duly sworn on oath, I certify:
1.
I am the duly authorized agent of
,
(Company Name)
the bidder submitting the competitive bid which is attached to this statement, for the purpose of certifying the
facts pertaining to the existence of collusion among bidders and between bidders and state officials or
employees, as well as facts pertaining to the giving or offering of things of value to government personnel in
return for special consideration in the letting of any contract pursuant to said bid;
2.
I am fully aware of the facts and circumstances surrounding the making of the bid to which this statement is
attached and have been personally and directly involved in the proceedings leading to the submission of such
bid; and
3.
Neither the bidder, nor contractor, nor anyone subject to the bidder’s or contractor’s direction or control, has
been a party:
a. to any collusion among bidders in restraint of freedom of competition by agreement to bid at a fixed price or
to refrain from bidding,
b. to any collusion with any state official or employee as to quantity, quality or price in the prospective contract,
or as to any other terms of such prospective contract, nor
c. in any discussions between bidders and any state official concerning exchange of money or other thing of
value for special consideration in the letting of a contract, nor, whether competitively bid or not, has paid,
given or donated or agreed to pay, give or donate to any officer or employee of the State of Oklahoma any
money or other thing of value, either directly or indirectly, in procuring this contract herein.
B.
The contractor further certifies that no person who has been involved in any manner in the development of said
contract while employed by the State of Oklahoma shall be employed to fulfill any of the services provided for under
said contract.
C.
If any contract pursuant to this bid is for professional services as defined in 74 O.S. § 85.2.25, and if the final product
is a written proposal, report or study, the contractor further certifies that (s)he has not previously provided the state
agency or any other state agency with a final product that is a substantial duplication of the final product of the
proposed contract.
Authorized Signature
Certified this Date
Printed Name
Title
State of
County of
Subscribed and sworn to me this
day of
, 20
Notary Seal:
Notary Public Signature
My commission expires:
My commission number:
Grand River Dam Authority is an agency of the State of Oklahoma.
Administrative Headquarters • 226 West Dwain Willis Avenue • Vinita, Oklahoma 74301 • 918-256-5545
GRDA Finance Form 002A (Revised 07-08-2010)
GENERAL BIDDING INSTRUCTIONS
FOR SEALED BIDS
GRAND RIVER DAM AUTHORITY
1. Bids shall be opened by the Purchasing Unit at the Grand River Dam Authority (hereinafter referred to as “GRDA” or
“the Authority”) Engineering & Technology Center, 9933 East 16th Street, Tulsa, Oklahoma 74128 on the date (and
time, if applicable) shown on the attached RFQ or RFP form. Bids shall be in conformity with these and any additional
instructions to bidders and shall be submitted on GRDA’s form. The RFQ (Request for Quote) or RFP (Request for
Proposal) form must be completed in full and signed by the bidder. If your bid response necessitates additional
space, you may attach additional pages; however, the RFQ or RFP form shall be completed, signed and reference the
additional pages. All bid responses shall be typewritten or handwritten in ink, and any corrections to bids shall be
initialed in ink. Quotations or proposals submitted in pencil shall not be accepted.
2. Sealed bids shall be submitted to the GRDA Purchasing Unit in a properly marked envelope or package, and shall be
sealed. The name and address of the bidder shall be printed on the exterior of the envelope or package. The RFQ or
RFP number and bid opening date shall be referenced on the face of the sealed envelope or package. Unmarked bids
shall be rejected and returned to the bidder. Neither fax nor e-mail submissions shall be accepted for sealed bid
requirements, as they negate the confidentiality of the bid. Any bid received via fax or e-mail for a sealed bid
requirement shall be rejected and returned to the bidder. Bid opening time extensions shall not be granted. Bids
received after the opening time and date shall not be considered. This is a formal bidding procedure with all bid packets
recorded upon receipt and held unopened under lock until the bid opening at the time, date and location listed on the
RFQ or RFP. At public bid openings, a short description of the item and the bid price will be read. The information shall
be recorded on a bid tabulation to be used during the subsequent bid evaluation. Interested bidders may make an
appointment to review quotations after an evaluation, recommendation and bid award has been made.
3. Non-Collusion Certificate: RFQs or RFPs anticipated to exceed a total amount of $5,000 shall be accompanied by a
Non-Collusion Certificate. This certificate shall be completed by the bidder and include an original signature in ink of an
authorized company representative (preferably the bidder) with full knowledge and acceptance of the bid proposal. The
Non-Collusion Certificate with original signature shall be mailed with the bid response to the attention of the Contracting
& Acquisitions Agent listed on the RFQ or RFP. Purchase orders in excess of $5,000 will not be released to the
successful bidder without receipt of a properly signed certificate for the bid.
4. In the event the unit price and line total extension do not agree, the unit price shall be considered the quoted price
accepted for evaluation.
5. Freight Terms: All prices shall be quoted FOB: Destination/Freight Allowed. All packaging, handling, shipping and
delivery charges shall be included in the unit price quoted for each line item. No exceptions shall be granted unless
approved by the guidelines of the GRDA Chief Financial Officer or designee.
6. Other Surcharges: Any additional surcharges (such as HazMat charges, fuel surcharges, set-up fees, etc.) shall be
included in the unit price quoted for each line item. All additional charges are considered a part of the cost of the goods,
and bids shall be evaluated to include these additional charges.
7. Tax-Exempt Status: GRDA is an agency of the state of Oklahoma and is specifically exempt from the payment of
sales tax by Oklahoma state statute, Title 68 O.S.A. § 1356 (10). An excerpt from the statute shall be furnished upon
request.
8. Questions arising during the bidding process should be submitted in writing to the Contracting & Acquisitions
Agent named on the RFQ or RFP. The GRDA Contracting & Acquisitions Agent shall coordinate a reply from the end
user to ensure that all potential bidders are provided the same information. Under no circumstances shall a bidder
discuss pricing with any GRDA employee prior to the bid opening.
9. All bids submitted shall be subject to GRDA’s Purchasing Policy and Procedures, General Terms and Conditions, the
bidding instructions and specifications, the Oklahoma Open Records Act, other statutory regulations as applicable, and
any other terms and conditions listed or attached herein – all of which are made part of this Request for Quote or
Request for Proposal.
10. GRDA reserves the right to reject any and all bids, and to contract as the best interests of the Authority may require.
GRDA reserves the right to reject any bids that do not comply with the requirements and specifications of the Request
for Quote or Request for Proposal. All bid responses become the property of GRDA and are subject to the Oklahoma
Open Records Act. GRDA shall endeavor to protect technical information designated by the bidder as proprietary
information; however, only technical information (i.e., “trade secrets”) may be considered proprietary – pricing and other
non-technical aspects of the quote shall be considered non-proprietary.
11. “Sole Brand” or “No Sub” Items: Items with a “Sole Brand” or “No Sub” designation in the description shall be
furnished as the specified manufacturer and model/part number. No exception may be taken to the specification, and
no alternate shall be accepted. In those cases where a manufacturer has discontinued the specified model/part
number, the bidder shall indicate so on the RFQ. If a replacement item is available, the new model/part number shall
be indicated on the RFQ form and the price quoted. It shall also be noted whether the replacement item is a direct
replacement for the obsolete part number originally requested. If not, or if the specifications differ in any way, the bidder
shall explain in detail, and corresponding drawings or descriptive literature shall be included with the quote.
Page 1 of 2
GRDA Finance Form 004 (Rev 07-08-2010)
GENERAL BIDDING INSTRUCTIONS
FOR SEALED BIDS
GRAND RIVER DAM AUTHORITY
12. Approved Equivalents: Unless an item is designated as a “Sole Brand” or “No Sub” item, any manufacturer’s name,
brand name, information and/or catalog number listed in a specification is for informational or cross-reference purposes
and is not intended to limit competition. Bidders may offer any brand/manufacturer for which they are an authorized
representative, provided it meets or exceeds the specification of the listed item. However, if quoting an equivalent
product, bidders shall indicate on the RFQ form the manufacturer’s name and part number. Bidder shall also submit any
drawings, descriptive literature and specifications for evaluation purposes. Reference to literature submitted with a
previous bid shall not satisfy this provision. The bidder shall also provide written confirmation that the proposed
equivalent will meet the requested specifications and is not considered an exception. Bids which do not comply with
these requirements may be rejected. GRDA warehouses are not permitted to accept any item with a part number
differing from that quoted by the bidder. Bids lacking any written indication of intent to furnish an alternate brand, model
or part number shall be considered to be in complete compliance with the specifications as listed on the RFQ.
13. Insurance Certificates: Any service to be performed that requires the vendor’s employee, vehicle or equipment to be
on any GRDA property must be covered by minimum insurance requirements. The workscope to be performed for the
Authority shall be evaluated and the minimum insurance requirements shall be provided to prospective bidders with the
RFQ or RFP. Evidence of insurance coverage shall be furnished in the form of a Certificate of Insurance, and shall be
submitted with the bid response. Bidders shall disclose any subcontractors to be used, and the Authority shall consider
the supplier as the single point of contact. The supplier shall assume responsibility for the performance of the
subcontractor. Policies shall remain current for the duration of the requested service period, and GRDA shall be notified
of any cancellation or revision to policies. Purchase Orders shall not be released to the successful bidder without a
current Certificate of Insurance naming GRDA as certificate holder on file. A Memorandum of Insurance shall not be
acceptable for this requirement.
14. MSDS: Material Safety Data Sheets shall be furnished to GRDA’s Safety Department at the address noted on the PO
prior to delivery of items.
15. Purchase Orders shall be awarded to the “lowest and best” or “best value” bidder. Line items may be split into multiple
orders, taking low items from each respective bidder, or orders may be awarded on an “all or none” basis, whichever is
in the best interests of the Authority. Award decisions are further subject to consideration of any additional terms and
conditions contained in the bid proposal. Vendor protests must be submitted in writing to the Central Purchasing Unit of
GRDA within thirty-six (36) hours of award of Contract or Purchase Order.
16. Successful vendor shall deliver the merchandise or perform the service as quoted. Substitutions or changes without
prior approval of the GRDA Contracting & Acquisitions Agent shall be rejected and returned at the vendor’s expense.
17. Bidder Responsibilities:
Bidders are to transact all phases of the purchasing function directly with the GRDA
Contracting & Acquisitions Agent. Bidders are to conduct all written and verbal communication with the Authority
through the GRDA Contracting & Acquisitions Agent. Bidders are to conduct negotiations ethically, without attempts to
influence through offers of valuable personal gifts or entertainment. Bidders are to make available as requested any
technical information which might be of benefit in the bid evaluation.
18. Supplier List: The Finance Department maintains a current listing of suppliers with a cross-reference as to products
and services offered. Suppliers may have their names added to the list by submitting a completed Vendor
Registration/Payee Application, and shall notify the Authority of any update information. If a supplier fails to respond to
bid requests after four appropriate solicitations, that supplier may be removed from the active list. Suppliers who do not
meet quoted shipping dates or lead times, supply products or services of poor quality, substitute items of unequal
quality, continually over-ship or under-ship items, or do not invoice properly may be placed under suspension or
disqualified from the active supplier list. Suppliers may voluntarily request to be removed from the supplier database.
19. Service Contracts: By submitting a bid for services, the bidder certifies that they, and any proposed subcontractors,
are in compliance with 25 O.S. §1313 and participate in the Status Verification System. The Status Verification System
is defined in 25 O.S. §1312 and includes, but is not limited to, the free Employment Verification Program (E-Verify)
available at www.dhs.gov/E-Verify. This shall remain in effect through the entire term, including all renewal periods, of
the contract. The State may request verification of compliance for any contractor or subcontractor. Should the State
suspect or find the contractor or any of its subcontractors are not in compliance, the State may pursue any and all
remedies allowed by law, including, but not limited to: suspension of work, termination of the contract for default, and
suspension or debarment of the contractor. All costs necessary to verify compliance are the responsibility of the
contractor.
Page 2 of 2
GRDA Finance Form 004 (Rev 07-08-2010)
GENERAL TERMS AND CONDITIONS
Any contract or purchase order (PO) issued by the Grand River Dam Authority (GRDA) is expressly conditioned upon Seller’s assent to these
terms and conditions. Any order issued or filled by Seller shall be deemed to constitute Seller’s assent to these terms and conditions. GRDA
must give its express written consent to all additional terms submitted by Seller and all modified terms proposed by Seller.
1.
Email, mail, or deliver all invoices or correspondence pertaining to the payment of this P O / C o n t r a c t to: Accounts Payable
Department at [email protected] or Grand River Dam Authority, P.O. Box 409, 226 West Dwain Willis Avenue, Vinita, Oklahoma 74301.
Seller shall provide an invoice which is in accordance with the terms of the appropriate PO/Contract and applicable state or federal
statutes, including but not limited to such documentation as may be required to demonstrate that the task has been achieved.
Seller shall submit invoices accompanied by complete s u p p o r t i n g d o c u m e n t a t i o n f o r shipping c o s t s . If shipment is not made
by routing instructions as specified on the face of this PO/Contract, GRDA has the right to deduct any excess transportation charges
resulting therefrom. Copy of original freight bill must be supplied for payment if freight charge is in excess of $100.00. Time, in
connection with any discount offered, will be computed from date of delivery of items or services, or from date the correct invoice is
received at GRDA Headquarters in Vinita, Oklahoma, whichever period of time is the later date. No Oklahoma State Sales or Use
Tax shall be paid by GRDA.
2.
GRDA has the right to inspect articles, materials, and supplies before and during manufacture and upon arrival at destination and to
return for full credit and/or refund, at Seller’s sole risk and expense, including all transportation and storage charges, all items found
defective or furnished contrary to instructions and/or specifications contained herein.
3.
In case of default by Seller, GRDA may procure the items or services from other sources. Seller agrees to be responsible for any
excess cost occasioned thereby; provided, that if necessity requires the use of items not conforming to specifications, they may be
accepted, and payment made at a proper reduction in price. Notwithstanding anything herein to the contrary, GRDA reserves the
right to terminate this PO/Contract for its convenience. In the event of such termination, GRDA shall pay and Seller shall accept the
reasonable value of all work performed and items delivered by Seller up through the effective date of such termination.
4.
Seller represents and warrants that all items and/or services furnished under this PO/Contract will (a) conform to the specifications,
drawings, samples or other description furnished by GRDA, or any revisions thereof;(b) be merchantable of good material and free
from defect in workmanship, material, and design; (c) be fit and sufficient for the purpose intended; (d) satisfy any performance
guarantee requirements as specified herein by GRDA; (e) be free and clear of all liens, security interests or other encumbrances; (f) not
infringe or misappropriate any third party’s patent, copyright, trademark, or intellectual property rights. In the event the items and/or
services purchased hereunder do not meet the warranty specified hereinabove, Seller shall promptly repair or replace any defective item
at its expense, or re-perform any necessary services, and shall hold GRDA harmless from all costs and expenses incurred due to said
defective item or performance of services, including the cost for removing any part or product to be repaired or replaced, as
well as transportation and installation charges in connection with the repair, replacement or servicing of any parts or equipment. Seller
further agrees that the manufacturer’s warranty and guarantee of the items purchased hereunder extended to Seller shall extend to
GRDA. These warranties are cumulative and in addition to all other warranties provided by law.
5.
Seller shall indemnify, defend, and hold harmless GRDA and its officers, directors, employees, and agents, from and against all
liabilities, judgments, damages, claims, suits, injuries, losses, and expenses, including attorney fees, arising out of or resulting in
any way from: (a) any act or omission of Seller or Seller’s officers, directors, employees, subcontractors, and agents; (b) all liens
or claims in any way related to the items or services furnished by Sell er ; (c) all patent, trademark or copyright infringement or alleged
infringement, except where strict compliance with the specifications prescribed by GRDA is the sole basis of the infringement or alleged
infringement; (d) defects in the items or services furnished by Seller; or (e) Seller’s failure to comply with any of these General Terms
and Conditions. This indemnity obligation shall be in addition to the warranty obligations of Seller.
6.
When doing work or providing services on GRDA property seller shall, before any items are shipped and/or any services are
commenced, provide GRDA with certificates evidencing that the following minimum insurance will remain in force until Seller’s
obligations are completed: (a) Workers’ Compensation Insurance, including Employer’s Liability Insurance, in accordance with the laws
of the state in which Seller may be required to pay compensation; (b) Commercial General Liability Insurance with limits no less than
$1,000,000 f or e ac h oc c ur r en c e and $2,000,000 in the aggregate, unless otherwise specified within the solicitation documents; and
(c) if Seller will use or provide for the use of motor vehicles in furnishing items and/or services under this PO/Contract, automobile insurance
covering all liabilities for personal injury and property damage arising from the use of such vehicles, with a limit of no less than $1,000,000.
7.
Seller shall not assign or subcontract any of its rights or obligations under this PO/Contract without GRDA’s prior written consent. No
assignment shall relieve Seller of its obligations hereunder.
8.
Service Contracts: By submitting a bid for services, the Bidder certifies that it, and any proposed Subcontractors, are in compliance with
25 O.S. § 1313 and participate in the Status Verification System. The Supplier/Contractor/Consultant/Construction Manager/etc. certifies
that it and all proposed Subcontractors, whether known or unknown at the time a contract is executed or awarded, are in compliance
with 25 O.S. § 1313 and participate in the Status Verification System. The Status Verification System is defined in 25 O.S.
§ 1312 and includes, but is not limited to, the free Employment Verification Program (E-Verify) available at www.dhs.gov/E-Verify. This
shall remain in effect through the entire term, including all renewal periods, of the Contract. The State may request verification of
compliance for any Seller or Subcontractor. Should the State suspect or find the Seller or any of its Subcontractors are not in compliance,
the State may pursue any and all remedies allowed by law, including, but not limited to: suspension of work, termination of the Contract
for default, and suspension or debarment of the Seller. All costs necessary to verify compliance are the responsibility of the Seller.
9.
All Items shipped pursuant to this PO/Contract will conform to all municipal, state and federal laws, ordinances and regulations, and
Seller will defend and save harmless GRDA from loss, costs or damage by reason of any actual or alleged violation thereof.
10. GRDA hereby notifies Seller that Seller must comply, and by acceptance of this PO/Contract, Seller represents that it has complied with,
and will continue to comply with, all applicable federal, state and local laws, regulations or orders.
11. This PO/Contract shall be interpreted and construed in accordance with the laws of the State of Oklahoma.
12. AUDIT RIGHTS. Seller/Contractor will, at all times during the term of this PO/Contract and for a period of five (5) years after the
completion of this PO/Contract, maintain and make available for inspection and audit by GRDA and/or the Oklahoma State Auditor, all
books, supporting documents, accounting procedures, practices, and all other items relevant to the PO/Contract.
Grand River Dam Authority is an agency of the State of Oklahoma.
Administrative Headquarters • 226 West Dwain Willis Avenue • Vinita, Oklahoma 74301 • Phone: 918-256-5545 • Fax: 918-256-1051
GRDA Finance Form 001 (Revised 01-22-2016)
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