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COOPERATIVE PURCHASING PROGRAM
Houston-Galveston Area Council of Governments
3555 Timmons, Suite 120, Houston, TX 77027
Phone: 800-926-0234 Fax: 713-993-4548
www.hgacbuy.org
INVITATION TO SUBMIT COMPETITIVE: BIDS PROPOSALS
INVITATION NO.: EE08-19 ISSUE DATE: March 7, 2019
CATEGORY: Emergency Medical & Rescue Equipment
PURPOSE OF THIS INVITATION
The Cooperative Purchasing Program (HGACBuy) of the Houston-Galveston Area Council of Governments is soliciting offerings for the furnishing of products/services as described herein. These products/services may be purchased by any of more than 7000 member local governments, districts, agencies in 49 states across the nation.
Responses must be submitted in an original and one (1) copy, and shall be subject to the terms, conditions, requirements and specifications detailed in the documents comprising this Invitation. Responses are scheduled to be opened publicly at H-GAC offices on the date indicated. For Bid Invitations, responses will be available for public review until 4:00 p.m. CT that day, and on subsequent days by appointment only. Any Responses submitted later than 1:00 p.m. on the due date will be returned unopened to the bidder/proposer.
PROCUREMENT SCHEDULE & DETAILS
DRAFT SPECIFICATION / INVITATION: January 10, 2019
PRE-BID/PROPOSAL CONFERENCE: February 7, 2019 @ 9:00 a.m. CT; H-GAC Offices FINAL SPECIFICATION / INVITATION: March 7, 2019
BID/PROPOSAL RESPONSES DUE: April 4, 2019 @ 1:00 p.m. CT; H-GAC Clock PUBLIC RESPONSE OPENING: April 4, 2019 @ 2:00 p.m. CT; H-GAC Clock RECOMMENDATIONS TO BOARD: May 21, 2019
CONTRACT START DATE & TERM: August 01, 2019 through July 31, 2021 The documents comprising this Invitation are available via web download at: https://www.hgacbuy.org/bids/ For assistance regarding this Invitation, please contact:
Name: Jackie Palmer Phone: 713-993-2466 E-mail: [email protected]
CONTENTS OF THIS INVITATION
SECTION A - General Terms & Conditions
SECTION B - Product/Service Specific Requirements & Specifications (Final) SECTION C - HGACBuy FORMS (Final)
SECTION D - Pro-Forma (Sample) Contract
This procurement conforms to government requirements for Competitive Procurement.
LABELING OF SEALED RESPONSE PACKAGE
IMPORTANT:
You must affix an identifying label to the outside of your Sealed Response Package to ensure proper identification and log-in at HGACBuy offices on receipt. HGACBuy is not responsible for any response that might be lost or misdirected due to improper or unclear labeling. Your label should look as follows and should be affixed conspicuously to the package.
H-GAC Cooperative Purchasing
Sealed Bid/Proposal No. EE08-19
DO NOT OPEN IN MAIL ROOM
Responses by E-mail or FAX will not be acceptable. Hard copies, as described herein, plus appropriate electronic media are required.
Revised: 04/16/18 Page 1 of 20
SECTION A
GENERAL TERMS & CONDITIONS
FOR BIDS AND PROPOSALS
INVITATION NO. EE08-19
DESCRIPTION: EMERGENCY MEDICAL & RESCUE EQUIPMENT
TABLE OF CONTENTS
1. INTRODUCTION ................................................................................................................................................ 2
2. DEFINITIONS, ABBREVIATIONS & ACRONYMS ........................................................................................ 2
3. NON-BINDING ORAL COMMENTS ................................................................................................................ 4
4. STRUCTURE OF RESPONSE ............................................................................................................................ 4
5. BASIC REQUIREMENTS & CONDITIONS ...................................................................................................... 4
6. OFFEROR'S AUTHORIZED SIGNATORY ....................................................................................................... 5
7. SURETY FOR INSURANCE .............................................................................................................................. 6
8. CONFIDENTIAL / PROPRIETARY MATERIALS ........................................................................................... 6
9. REFERENCES ..................................................................................................................................................... 6
10. INSURANCE ................................................................................................................................................... 6
11. OFFEROR CERTIFICATIONS ....................................................................................................................... 7
12. HISTORICALLY UNDERUTILIZED BUSINESS (HUB) PARTICIPATION.............................................. 7
13. NON-RESIDENT RECIPROCAL SALES ACT ............................................................................................. 8
14. TEXAS MOTOR VEHICLE COMMISSION CODE & LICENSING ............................................................ 8
15. INTENT AND SCOPE OF SPECIFICATIONS .............................................................................................. 8
16. REQUIREMENTS APPLICABLE TO PHYSICAL GOODS ......................................................................... 8
17. PRODUCT CODES ......................................................................................................................................... 8
18. SPECIFIC DESCRIPTIVE REFERENCES ..................................................................................................... 9
19. MANUALS ...................................................................................................................................................... 9
20. STANDARD FEATURES & OPTIONS ......................................................................................................... 9
21. WARRANTIES, SALES & SERVICE .......................................................................................................... 10
22. H-GAC ORDER PROCESSING CHARGE .................................................................................................. 11
23. PRE-PAYMENTS AND DISCOUNTS ......................................................................................................... 11
24. INSPECTION / TESTING ............................................................................................................................. 11
25. PRODUCT DELIVERY ................................................................................................................................ 11
26. OFFERED PRODUCT ITEM VARIANCES ................................................................................................ 11
27. REQUIREMENTS FOR SUBMISSION OF A RESPONSE ......................................................................... 11
28. CLARIFICATION TO SPECIFICATIONS & REQUIREMENTS ............................................................... 13
29. INCONSISTENT INFORMATION ............................................................................................................... 14
30. REJECTION OF RESPONSES ...................................................................................................................... 14
31. WITHDRAWAL OR MODIFICATION OF RESPONSES .......................................................................... 14
32. RESPONSE EVALUATION ......................................................................................................................... 14
33. ORDER OF PRECEDENCE PRIOR TO CONTRACT AWARD ................................................................ 15
34. AWARD OF CONTRACT ............................................................................................................................ 15
35. PRO-FORMA CONTRACT .......................................................................................................................... 15
36. CONTRACT TERM ...................................................................................................................................... 15 Revised: 04/16/18 Page 2 of 20
37. PERFORMANCE & PAYMENT BOND ...................................................................................................... 15
38. CHANGE ORDERS ....................................................................................................................................... 15
39. DUPLICATION OF TERMS OR STATEMENTS ........................................................................................ 15
40. PUBLICITY ................................................................................................................................................... 15
41. TAXES ........................................................................................................................................................... 16
42. DRUG FREE WORKPLACE ........................................................................................................................ 16
43. PRODUCT NOTICES & MAILINGS ........................................................................................................... 16
44. HANDLING OF ORDERS & PAYMENTS .................................................................................................. 16
45. PRICE CHANGES ......................................................................................................................................... 17
46. CONTRACT ITEM CHANGES .................................................................................................................... 17
47. FORCE MAJEURE ........................................................................................................................................ 18
48. PERFORMANCE UNDER CONTRACT ..................................................................................................... 18
49. CONTRACTOR ORIENTATION/TRAINING ............................................................................................. 18
50. LEGAL & CONTRACTUAL REMEDIES ................................................................................................... 19
51. NATIONWIDE SALES OPPORTUNITIES .................................................................................................. 20
1. INTRODUCTION
The Houston-Galveston Area Council (H-GAC) is a "Government-to-Government" procurement service for States, State Agencies, Local Governments, Districts, Authorities, and qualifying Not-for-Profit Corporations (End Users).
End Users become Members of the H-GAC Cooperative Purchasing Program (HGACBuy) by executing an Interlocal Contract, which is free of cost and evergreen unless cancelled. HGACBuy, acting on behalf of Members, is soliciting competitive offerings for the furnishing of products and/or services, as described elsewhere, which MAY be purchased by Members during the contract term. Members using the Program issue purchase orders directly to HGACBuy contractors.
2. DEFINITIONS, ABBREVIATIONS & ACRONYMS
The following definitions, abbreviations and acronyms may be found in these specifications, and shall be interpreted herein as specified below.
Definitions and Abbreviations:
Acceptance. Acceptance takes place when the End User agrees with the Contractor that the terms and conditions of the contract have been met and verified. Acceptance is not the same as Receipt, and can only occur after intact shipping, inspection by End User, and any onsite testing that has been stipulated as part of the order Aggregate/Single Occurrence. The term "aggregate" in insurance terms is the sum of all claims against a specific policy for a specific loss incident. The term "single occurrence" differentiates between multiple claims and single claims against a specific policy. The inherent value of a policy's aggregate value is less important to an End User than is the value of a single claim as stated under "single occurrence." Approved. Acceptable to the "authority having jurisdiction." ARO. “After Receipt of Order”. Used in conjunction with a defined time period (usually days or weeks) to establish the delivery or lead time pursuant to any individual purchase transaction. In the case of orders for bodies which will be mounted on a customer furnished cab/chassis, the term ARO shall be construed to mean “After Receipt Of Cab/Chassis”.
Authority Having Jurisdiction. The authority shall be either H-GAC or the relevant End User based on the requirements as stated in each specification item. Unless specifically stated, the authority shall be H-GAC.
Bidder. Any entity that submits a competitive bid to this Invitation. (See also "Offeror") Change Order. Request by an End User for a change in the composition of an already submitted purchase order, for example to change quantity ordered, add or delete items, etc.
Contract. Specifically, a contract between H-GAC and a successful Offeror which is executed based on an award made pursuant this Invitation.
Revised: 04/16/18 Page 3 of 20
Contract Pricing Worksheet. The standard H-GAC form to by used by Contractor in preparing a quotation to an End User, upon which End User's purchase order will be based. Contractor may use another quotation form provided it contains required information, and only if approved by H-GAC.
Contractor. The contracted business entity responsible for fulfilling a contract executed pursuant to this Invitation.
Dealer/Distributor. A duly authorized and/or franchised business entity which sells and services a manufacturer’s product in a specified marketing area.
Defect. A discontinuity in a part or a failure to function that interferes with the service or reliability for which the part was intended.
Electronic Media. As used herein, means computer based media such as 100mb Zip Disk, CDRom, e-mail, e-mail attachment, file downloaded from the web, etc.
End User. (See "Participant" and “Member”)
Listed. Equipment or materials included in a list published by an organization, acceptable to the "Authority Having Jurisdiction" and concerned with product evaluation, that conducts periodic inspection of production of listed equipment or materials and whose listing states either that the equipment or materials meet appropriate standards or has been tested and found suitable for use in a specified manner. NOTE: The means for identifying listed equipment may vary for each organization concerned with product evaluation, some of which do not recognize equipment as listed unless it is also labeled. The "authority having jurisdiction" should utilize the system employed by the listing organization to identify a listed product.
Manufacturer. The person or persons, company firm, corporation, partnership, or other organization responsible for taking raw materials or components and making a finished product.
May. A term indicating a permissive use or an acceptable alternative to a specified requirement.
Member. An authorized Participant in the Program. (See "Participant" and “End User”) Motor Vehicle. The meaning of this term shall be based on the legal definition ascribed to it by the laws and/or regulations of the state in which any specific sale made pursuant to a Contract takes place.
Must. A term indicating a mandatory requirement.
Offer or Offering. Any product or service offered in reply to this Invitation.
Offeror. Any entity that submits a competitive bid or proposal in response to this Invitation. Bidder or Proposer.
Participant. Generally, any qualifying governmental or non-profit entity which has executed an Interlocal Contract for cooperative purchasing services with H-GAC.
Product Liability Insurance. Failure of Components and/or assembled equipment resulting in personal injury, disability or death and/or property damage is covered under the product liability insurance provisions.
Product or Product Item. Any of the specific goods, materials, equipment or service(s) specified in this Invitation.
This term encompasses the base line item itself, and any and all accessories, options, modifications, ancillary services, assembly, testing, etc. that may be included in the delivered Product.
Proposer. Any entity that submits a competitive proposal in response to this Invitation. (See also "Offeror") Purchaser. The End User having responsibility for the specification, requisition, ordering and acceptance of the Product or Service. (See also "End User")
Purchasing Authority. The agency that has sole responsibility and authority for negotiating, placing and, if necessary, modifying any solicitation, purchase order, or other award issued by a governing body [H-GAC].
Quotation. See "Contract Pricing Worksheet".
Receipt. Receipt takes place when a Product or Service is delivered to an End User and a document is executed that establishes that the Product is now in the possession of the End User or that the Service has been completed.
Receipt DOES NOT connote or imply Acceptance.
Response. All or part of any offering submitted in response to this Invitation.
Shall. A term indicating a mandatory requirement or action.
Should. A term indicating a recommended or advised response to a specified requirement.
Vendor. A manufacturer's representative or dealer authorized to make sales and supply parts and service.
Acronyms:
ANSI = American National Standards Institute
ASTM = American Society for Testing and Materials
ASME = American Society of Mechanical Engineers
CFR = U.S. Code of Federal Regulations
Revised: 04/16/18 Page 4 of 20
DOJ = U.S. Department Of Justice
DOT = U.S. Department Of Transportation
EPA = U.S. Environmental Protection Agency
FAA = Federal Aviation Administration
FMVSS = U.S. Federal Motor Vehicle Safety Standards
H-GAC = Houston-Galveston Area Council of Governments
IEEE = Institute of Electrical and Electronics Engineers MVD = Motor Vehicle Division of Texas Department of Transportation NFPA = National Fire Protection Association
NHTSA = National Highway Traffic Safety Administration
NIOSH = National Institute For Occupational Safety And Health NIST = National Institute of Standards and Technology
NTEA = National Truck Equipment Association
OSHA = U.S. Occupational Safety and Health Administration RRC = Railroad Commission of Texas
SAE = Society of Automotive Engineers
TBPC = Texas Building and Procurement Commission (formerly GSC) TxDOT = Texas Department Of Transportation
UL = Underwriter's Laboratories Inc.
VTCS = Vernon's Texas Civil Statutes
3. NON-BINDING ORAL COMMENTS
No oral comment, utterance or response made by any employee, member, or agent of H-GAC or any Member of the Cooperative Purchasing Program shall be considered factual or binding with regard to this Invitation, or any contract awarded as a result of this Invitation. Valid and binding terms, conditions, provisions, changes or clarifications, or requests thereof, shall ONLY be communicated written form.
4. STRUCTURE OF RESPONSE
Depending on the Product or Service, market structures and sales practices can differ substantially. For example, dealers may sell into any market or may be restricted to certain territories, manufacturers may sell direct or may be limited by law to selling thru independent dealerships, etc. H-GAC’s objective is to ensure that End Users, no matter where located, can buy contracted products/services and receive quality and timely service and support, while at the same time allowing for the most appropriate and effective response to this Invitation. Therefore, responses to this Invitation will be accepted in conformance with the following scenarios and requirements:
A. Single Respondent Acting Alone Or As "Lead" For A Group:
Offeror shall complete and sign a Form A and, if contracted, shall be solely responsible for all contractual requirements including administration, processing of purchase orders and handling of payments for transactions which may involve other dealers who actually deliver the products or services.
B. Multiple Respondents Acting Jointly:
A single Response shall be submitted, and each party to the Response shall complete and sign a separate Form A to be included in the single Response. If the Response is successful each party shall sign a separate contract with H-GAC and shall be responsible for compliance with all terms and conditions. Only those which have executed a written contract with H-GAC may process purchase orders and payments.
In any event, Offeror may be a party to one, and only one, response.
5. BASIC REQUIREMENTS & CONDITIONS
a. The final requirements and specifications contained herein may be different, perhaps materially, from those in the “Invitation To Attend Pre-Bid / Pre-Proposal Conference”, if any. It is Offeror’s sole responsibility to thoroughly examine and review all documentation associated with this Invitation, including any Addendums, and to insure that any response submitted complies in every respect with all requirements.
Revised: 04/16/18 Page 5 of 20
b. Any Addendum to this Invitation which may be required prior to the Response due date will be delivered to those prospective Offerors of record who have previously obtained a copy of this Invitation from H-GAC.
Prospective Offerors shall be responsible for obtaining all documents relating to submission of a Response. c. Offeror shall thoroughly examine any drawings, specifications, schedules, instructions and any other documents, supplied as a part of this Invitation, and is solely responsible for understanding and compliance. d. H-GAC shall not be liable for Offeror's incomplete documentation, or for any costs associated with preparation and submission of any Response hereto. Additionally, all components of any Response become the property of H-GAC, and shall be considered to be in the public domain. e. Offeror shall make all investigations necessary to become thoroughly informed regarding any plan and/or infrastructure that may be required to support delivery of any Product or Service covered by this Invitation. No plea of ignorance by Offeror stemming from failure to investigate conditions that may now or hereafter exist, shall be accepted as a basis for varying H-GAC's requirements, or Offeror's/Contractor's obligations or entitlements.
f. Requests for changes to the requirements or specifications herein must be in writing (e-mail, fax, letter) and must be received by H-GAC no later than fifteen (15) calendar days prior to the Response Due Date. H-GAC will review such requests, but may or may not make changes at its sole discretion. Changes, if any, will only be made by written Addendum sent to addressees of record. In any event, it is Offeror's sole responsibility to insure that any and all Addendums which may have been issued have been received and addressed. g. By submission of a response, Offeror expressly understands and agrees that all terms and conditions herein will be part of any subsequent contract that is executed pursuant to this Invitation. h. Offeror is advised that all H-GAC contracts are subject to the legal requirements established in any applicable Local, State or Federal statute.
i. Offeror/Contractor must be in compliance with all licensing, permitting, registration and other applicable legal or regulatory requirements imposed by any governmental authority having jurisdiction. It is Offeror/Contractor’s responsibility to insure that this requirement is met, and to supply to H-GAC upon request, copies of any license, permit or other documentation bearing on such compliance. j. Unless otherwise established elsewhere in this Invitation, NO minimum purchase quantities or spending levels are provided or guaranteed by H-GAC or any End User.
k. This Invitation is not meant to restrict competition, but rather is intended to allow for a wide range of responses. l. Responses which are 'qualified' with conditional clauses or alterations of or exceptions to any of the terms and conditions in this Invitation may be deemed non-compliant at H-GAC's sole discretion. m. The term ‘Offeror’, or derivative thereof, shall become synonymous with ‘Contractor’ for any successful Offeror recommended for a contract pursuant to this Invitation. n. H-GAC reserves the right to:
Reject any and all offers received in response to this Invitation. Reject any part of an offer received in response to this Invitation. Determine the correct price and/or terminology in the event of any discrepancies in any response. Accept a response from, and enter into agreement with, other than the lowest price Offeror. Accept responses and award contracts to as many or as few Offerors as H-GAC may select. Amend, waive, modify, or withdraw (in part or in whole) this Invitation, or any requirements herein. Hold discussions with Offerors, although award may be made without discussion. Request an Offeror to give a presentation of the Response at a time and place scheduled by H-GAC. Exercise any of these rights at any time without liability to any Offeror. o. H-GAC reserves the right to determine that conditions exist which prevent the public opening of responses on the date and at the time advertised, and to reschedule the public opening for a future date and time. Responses received by H-GAC by the original deadline will be secured unopened until the rescheduled opening date and time, and those having timely submitted such responses will be notified.
6. OFFEROR'S AUTHORIZED SIGNATORY
The signatory shall be authorized to sign and contractually bind Offeror, and shall sign any and all Response documentation requiring a signature.
Revised: 04/16/18 Page 6 of 20
7. SURETY FOR INSURANCE
Contractor shall be responsible for using a surety company properly licensed by any and all states in which Contractor will do business with Participants. The surety company shall not expose itself to any loss on any one risk in an amount exceeding ten percent (10%) of its surplus to policy holders, provided any risk or portion of any risk shall have been reinsured, and such reinsurance shall be deducted in determining the limitation of risk applicable to H-GAC's insurance requirements.
8. CONFIDENTIAL / PROPRIETARY MATERIALS
All documentation submitted as part of Offeror's response to this Invitation will be considered to be in the public domain and may be made available to Members and others, after contract award, upon properly submitted request. If Offeror submits documents marked “confidential” or “proprietary”, the Response may be deemed non-compliant.
9. REFERENCES
a. Offeror shall list the names of at least five government agencies within the continental United States which have purchased from Offeror products or services similar to those covered by this Invitation, within the last two years. H-GAC reserves the right to determine if such products or services are appropriately similar. b. Offeror may provide reference information in whatever format desired, but each should include the following specific information:
Agency name
Contact person name
Address
Phone & Fax numbers
Description of product(s) or service(s) and date sold c. Other information, including criticism however learned, may be used by H-GAC in evaluation of responses.
10. INSURANCE
a. Unless otherwise stipulated in Section B, Offeror/Contractor must have the following insurance and coverage minimums:
General liability insurance with a Single Occurrence limit of at least $1,000,000.00, and a General Aggregate limit of at least two times the Single Occurrence limit.
Product liability insurance with a Single Occurrence limit of at least $1,000,000.00, and a General Aggregate limit of at least two times the Single Occurrence limit for all Products except Automotive Fire Apparatus. For Automotive Fire Apparatus, see Section B – Product Specific of this Invitation.
Property Damage or Destruction insurance is required for coverage of End User owned equipment while in Contractor's possession, custody or control. The minimum Single Occurrence limit is $500,000.00 and the General Aggregate limit must be at least two times the Single Occurrence limit. This insurance may be carried in several ways, e.g. under an Inland Marine policy, as part of Automobile coverage, or under a Garage Keepers policy. In any event, this coverage must be specifically and clearly listed on insurance certificate(s) submitted to H-GAC.
b. Insurance coverage shall be in effect for the length of any contract made pursuant to this Invitation, and for any extensions thereof, plus the number of days/months required to deliver any outstanding order after the close of the contract period.
c. Original Insurance Certificates must be furnished to H-GAC on request, showing Offeror/Contractor as the insured and showing coverage and limits for the insurances listed above. d. If any Product(s) or Service(s) will be provided by parties other than Offeror/Contractor, all such parties are required to carry the minimum insurance coverages specified herein, and if requested by H-GAC, a separate insurance certificate must be submitted for each such party. e. H-GAC reserves the right to contact insurance underwriters to confirm policy and certificate issuance and document accuracy.
Revised: 04/16/18 Page 7 of 20
11. OFFEROR CERTIFICATIONS
Offeror, by submission of a Response hereto, makes the following certifications under penalty of perjury and possible contract termination if any of these certifications are found to be false.
Non-Collusive Response
a. The prices in the Response have been arrived at independently without collusion, consultation, communication, or agreement for the purpose of restricting competition, as to any matter relating to such prices with any other Offeror or potential competitor.
b. The prices which have been quoted in the Response (unless otherwise required by law), have not been knowingly disclosed by Offeror and will not be knowingly disclosed by Offeror prior to the public response opening, either directly or indirectly, to any other Offeror or competitor. c. No attempt has been made or will be made by Offeror to induce any other person, partnership or corporation to submit or not to submit a response for the purpose of restricting competition.
Non-Biased Specifications
This Invitation contains no requirements considered to be unduly biased in favor of Offeror or any other Offerors that may be competing for this procurement.
No Financial Interest or Other Conflict
a. No H-GAC officer, employee, Board of Directors member or member of any H-GAC board or commission, nor family member of any such person, has a financial interest, direct or indirect, in Offeror or in any contract Offeror might enter into with H-GAC.
b. No economic or employment opportunity, gift, loan, gratuity, special discount, trip, favor or service has been, or will be, offered or given to any officer, employee, Board of Directors member, or member of any H-GAC board or commission, nor to any family member of any such person.
Debarment and Suspension Status
a. Offeror is not currently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from covered transactions by any government agency, nor is Offeror an agent of any person or entity that is currently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from covered transaction by any government agency.
b. Offeror has not within a three year period preceding this Invitation been convicted of or had a civil suit judgement renedered against Offeror for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain or performing a public transaction or contract under a public transaction; violation of federal or state antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statement, or receiving stolen property. c. Offeror is not presently indicted for or otherwise criminally or civilly charged by a government entity (federal, state, or local) with commission of any of the offenses enumerated above. d. Offeror has not, within a three year period preceding this Invitation, had any government (federal, state, or local) transactions terminated for cause or default.
Insurance Coverages
Offeror has and will maintain insurance coverage in accordance with the requirements of this Invitation.
Licensing & Permits
Offeror(s) has (have) all licenses and/or permits, required by any and all governmental entities having jurisdiction, to legally sell the products/services offered.
12. HISTORICALLY UNDERUTILIZED BUSINESS (HUB) PARTICIPATION a. To satisfy Texas' statutory requirements [Government Code, Chapter 2161, Subchapter D], H-GAC requires all Offerors to supply information in any bid/proposal response listing (1) the total number of subcontracts and (2) the total number of HUB contracts applicable to the Products or Services offered in the response. Local governments often require this information for their own reporting requirements prior to placing orders through the H-GAC Cooperative Purchasing Program.
b. Offeror must complete Form B and include subcontracts with HUB’s that provide any materials or services related to sales that may be made thru H-GAC’s Cooperative Purchasing Program.
Revised: 04/16/18 Page 8 of 20
13. NON-RESIDENT RECIPROCAL SALES ACT
As required by Texas Civil Statutes in the award of contracts, an offeror which is not a Texas resident business must determine if its state of residence prohibits award of government contracts to Texas resident offerors without penalty. If Offeror’s resident state DOES penalize Texas offerors, Offeror must provide this information along with a copy of its applicable resident state's statute in the Response.
14. TEXAS MOTOR VEHICLE COMMISSION CODE & LICENSING
Sales of motor vehicles in the State of Texas are subject to the Texas Motor Vehicle Commission Code. If this Invitation includes any motor vehicle to be sold in the State of Texas, Offeror certifies by submission of a response hereto that all required Texas Motor Vehicle Commission licenses are in place and current, and that copies of all such licenses have been submitted with the Response. Further, it shall be Contractor's responsibility to keep current all required Texas Motor Vehicle Commission licensing during the term of the contract, and to furnish license copies at any time on request by H-GAC. If Contractor does not maintain current licensing, H-GAC reserves the right to immediately terminate the contract.
NOTE: In accordance with the Texas Motor Vehicle Commission Code, contracts for motor vehicles to be sold within the state of Texas may be made ONLY with properly licensed Texas Motor Vehicle Dealers. Therefore, to be considered for a contract covering Texas End Users, the Response must include a Form A from a licensed Texas Motor Vehicle Dealer
15. INTENT AND SCOPE OF SPECIFICATIONS
a. The intent of the specifications herein is to provide Offeror with sufficient information concerning the Products/Services to be contracted such that Offeror can prepare and submit an acceptable Response. b. The specifications may be detailed or general in nature with regard to any particular Product/Service. Where not otherwise specified, details of construction, materials, or the way in which services will be provided, are left to the discretion of the Offeror, provided only that any offering shall conform, as a minimum, to best Industry standards and practices and to what is currently being sold in the marketplace. c. Responses shall be considered only from Offerors that have established good reputations in their markets, and who furnish satisfactory evidence of ability to supply the Products/Services specified herein. d. Offeror shall show proof of ability to provide to End Users prompt and competent service, including parts if applicable, for all Products/Services covered by this Invitation, by proper completion of a Service Organization Document as described elsewhere herein.
16. REQUIREMENTS APPLICABLE TO PHYSICAL GOODS
In the case of physical goods (e.g. equipment, material, supplies, as opposed to services), all Products offered must, unless otherwise stipulated in Section B:
a. Be new, unused, and not refurbished.
b. Not be a prototype insofar as the general design, operation and performance. This requirement is NOT meant to preclude Offeror from offering new models or configurations which incorporate improvements in a current design or add functionality, but which in such new model or configuration may be new to the marketplace. c. Include any and all accessories which may or may not be specifically mentioned herein, but which are normally furnished or which are necessary to make a delivered Product ready for its intended use. Such accessories shall be assembled, installed and adjusted such that the Product is ready for continuous operation at time of delivery. d. Have assemblies, sub-assemblies and component parts that are standard and interchangeable throughout the entire quantity of a particular Product as may be purchased simultaneously by any individual End User. a. Be designed and constructed using current industry accepted engineering and safety practices, and materials. b. Be available for inspection at any time prior to or after procurement.
17. PRODUCT CODES
Unless otherwise addressed in Section B of this Invitation, the following requirements shall apply:
Revised: 04/16/18 Page 9 of 20
a. Each Product/Service offered shall be uniquely identified using an H-GAC Product Code, which shall be determined as described in Section B of this Invitation. Offeror shall offer ONLY ONE Product for any particular Product Code. For example, Offeror may wish to submit a bid for Product Code ABC and may have another offering that also meets the requirements for ABC. Offeror MAY NOT submit two offerings for ABC.
The alternate offering that also meets the requirements for ABC must be offered as an option "upgrade/downgrade" to ABC on Form E.
b. Pricing for optional upgrades or downgrades to base bid items should be quoted as an “adder” or “deduct” amount as appropriate, to be applied to the offered price of the base Product Item listed on Form D. c. Base bid items and their associated HGACBuy Product Codes are included in the Section B and/or on Form D. d. Selection of Product Codes for which to submit an offer is at Offeror’s sole discretion.
18. SPECIFIC DESCRIPTIVE REFERENCES
Except for Base Product Items listed on Form D, any reference to a specific catalog, data sheet, form, brochure, model name or number, etc. used herein to describe an item such as an option or accessory is only descriptive and is not to be considered restrictive unless otherwise noted. Such references are normally used only to indicate a type, general description, level of quality and/or required performance standards.
19. MANUALS
Unless otherwise specified or superceded herein, each Product delivered under an H-GAC contract, and if applicable any options thereto, shall be supplied with at least one (1) copy of a safety and operating manual. The cost of any such manuals must be included in the base price for any Product Item offered hereunder. If more detailed and technically orientated parts and maintenance manuals are available for a Product or option, at a cost, they shall be offered as options on the FORM designated herein for such options, or elsewhere in the Response as may be directed herein.
20. STANDARD FEATURES & OPTIONS
The following requirements are applicable primarily to physical goods.
Standard Features
a. The stated minimum requirements for all Products listed herein include what H-GAC considers to be “standard” features. Even though such features might normally be offered as options rather than as standard, they are nonetheless considered to be standard in this Invitation, and must be included in the base price for any Product offered. Such features SHOULD NOT be offered as options except as deducts for their omission from the base Product.
b. If it is unclear in the Response that an H-GAC standard feature is included in the base price, it will be assumed that such is the case. If awarded a contract Offeror will be expected to sell the Product with all H-GAC specified standard features included in the base price. c. Any feature or accessory normally offered by manufacturer as "standard" shall be considered a standard feature and shall be included in the base price of any offering, even though not specifically listed as a requirement in H-GAC’s specifications. Such features SHOULD NOT be offered as options except as deducts for their omission from the base Product.
Options - General
a. Options are considered to be any features or accessories, other than H-GAC's and Manufacturer's "standard" features or accessories.
b. Options should be offered on the FORMS designated for quoting options. Each option should be listed and described on a separate line, and should include any Manufacturer's/Dealer's code number. If no Manufacturer's/Dealer's code number exists, Offeror should create one. c. Prices for all offered options shall be assumed to include any installation or mounting required to make it a fully functional component of the Product, unless otherwise stated in Offeror's response.
Required Options
Revised: 04/16/18 Page 10 of 20
a. Product specifications in this Invitation may include H-GAC "Required Options". If so, Offeror must quote a price for ALL such options, and, if there is an H-GAC Option Code provided in this Invitation for such options, it MUST be used as part of the description.
b. For any specific "Required Option", Offeror may quote an equivalent so long as its design and performance are as good as, or better than, the specified option item. Responses which do not include pricing for Required Options may be considered non-compliant.
Other Options
a. "Suggested" or "Other" options may be listed for any particular Product in this Invitation, and Offeror is encouraged to quote pricing for such options. The extent of offered options in any response may be taken into consideration as part of the award criteria, at H-GAC's sole discretion. b. Offeror is encouraged to include options for non-equipment items that may be applicable to a sale, such as:
Extended Warranties, Maintenance Agreements, Buy-back or Trade-In Agreements, Out-of-state Delivery Charges, Quantity or Special Discounts, Extended Training Classes, etc.
Published & Unpublished Options
a. H-GAC Cooperative Purchasing Program (Program) contracts are awarded through a public competitive bid or proposal (RFP) process. Further to that process, Program policy considers an 'option' listed and priced in a bid or RFP Response: (1) To be a "Published Option"; (2) To be part of any awarded contract; and (3) To be available for purchase by Program members separately and independently from associated base line items.
However, since Published Options may have not been subjected to the same scrutiny as the associated base line items, it cannot be concluded they were directly competed. Therefore, pursuant to Local Government Code 252.021(a), purchase of a published option costing more than $50,000 shall not be allowed. Furthermore, H-GAC reserves the right at its sole discretion to disallow purchase of any Published Option through the Program if deemed contrary to the intent of the law.
b. Any option that has not been listed and priced in the Response is considered to be an “Unpublished Option”.
Unpublished Options may be sold, but only in connection with the sale of a base Product Item, and only insofar as the total cost of all Unpublished Options remains below twenty five percent (25%) of the total summed cost of the base Product(s) plus any Published Options.
c. No Published or Unpublished Option may be sold which essentially converts a Product such that it competes with a Product Item awarded to another contractor.
21. WARRANTIES, SALES & SERVICE
Unless otherwise addressed in Section B, the following requirements shall apply:
a. Offeror must be a properly franchised dealer authorized to sell and service, including warranty service, all products offered and sold in response to the bid invitation or under any H-GAC contract. b. Offeror shall provide detailed Parts and Labor Warranty information with the Response. If Offeror submits a warranty with the Response which does not meet the minimum requirements herein, Offeror agrees by submission of a Response that such warranty shall be considered to be amended to meet those minimums. c. Warranties shall be manufacturer's standard and shall be inclusive of any other warranty requirements which may be stipulated elsewhere herein.
d. Any warranties offered by a dealer shall be in addition to the manufacturer’s standard warranty, and shall not be a substitute for such. Offeror's base price for any Product shall be inclusive of the standard warranty. e. Complete warranty information will be supplied to End User with each Product sold. a. Warranties need not apply to normal maintenance service or adjustments, or to any product reasonably shown to have been repaired or altered in any way so as to affect its stability, or to any product which has been subject to misuse, negligence, or accident.
f. Offeror/Contractor is encouraged to offer extended warranties as an option. g. Neither H-GAC nor End User assume any warranty or liability on Contractor’s behalf unless made or assumed in writing, initiated by Contractor, and agreed to in writing by H-GAC or the End User respectively. h. Contractor shall be responsible for the execution and effectiveness of all product warranty, and shall be the sole source for solution to problems arising from warranty claims. Contractor agrees to respond directly to correct warranty claims and to ensure reconciliation of warranty claims that have been assigned to a third party.
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22. H-GAC ORDER PROCESSING CHARGE
H-GAC will levy an Order Processing Charge on Contractor for each sale done thru the H-GAC contract, with the exception of orders for motor vehicles. Any bid pricing submitted will be considered to include the Charge. The amount of the applicable charge shall be per the most current H-GAC schedule. For motor vehicle orders, the Processing Charge shall be levied on and paid by the End User.
23. PRE-PAYMENTS AND DISCOUNTS
a. Progress, pre-payment and special discounts of any kind may be offered and detailed in the Response. Such discounts shall be clearly explained, but shall not be a determining factor in awarding contracts except in the case of tie offerings.
b. Quantity discounts applicable to similar Products sold to one or more End User Departments may be offered.
Determination as to product similarity shall rest solely with Contractor. c. For specific purchases, any proposed quantity, pre-payment or special discounts shall be clearly shown on the Contract Pricing Worksheet.
24. INSPECTION / TESTING
All Products sold pursuant to this Invitation shall be subject to inspection/testing by or at the direction of H-GAC and/or the ordering End User, either at the delivery destination or the place of manufacture. In the event a Product fails to meet or exceed all requirements of this Invitation, and unless otherwise agreed in advance, the cost of any inspection and/or testing, shall be borne by the Contractor.
25. PRODUCT DELIVERY
Unless otherwise addressed in Section B, the following requirements shall apply:
a. Title to goods, and responsibility and liability for loss and/or damage in shipping pass to End User at the delivery destination after receipt and acceptance have taken place. Cost of shipping/delivery shall be paid by End User unless otherwise agreed to by Contractor. If Contractor will be paying for shipping/delivery, shipping terms must be "F.O.B. Destination, Freight Prepaid". If End User will be paying for shipping/delivery, shipping terms must be “F.O.B. Destination – Freight Collect”. b. The details for the application and calculation of shipping and delivery charges must be stated in the Response on Form E. Any freight, shipping or delivery charged to End User will be prepaid and added to the invoice, and will be clearly shown an any Contract Pricing Worksheet or other quote presented to the End User. c. The estimated delivery time after receipt of order (ARO), inclusive of Saturdays, Sundays and holidays, for all Products offered must be stated in the Response. Actual delivery for any particular order must be confirmed with End User at time of order placement, and must be stated clearly on the Contract Pricing Worksheet. d. Contractor shall be responsible for delivery and Acceptance according to the requirements of the Contract and the Purchase Order.
e. Contractor shall advise End User prior to making any shipment/delivery, and shall make such shipment/delivery in accordance with End User's requirements, providing only that such arrangements do not contravene any requirement of the H-GAC contract unless agreed to by Contractor. f. The execution of all required tests, certifications and/or licensing, and costs thereof, shall be the responsibility of Contractor. Upon request by End User or H-GAC, Contractor shall provide any documentation or certification related to such tests, certifications or licensing.
26. OFFERED PRODUCT ITEM VARIANCES
Any variance in the specifications or performance of Products offered pursuant to this Invitation shall be acceptable to H-GAC only insofar as it MEETS or EXCEEDS the specifications and requirements of this Invitation.
27. REQUIREMENTS FOR SUBMISSION OF A RESPONSE
Unless otherwise addressed in Section B, the following requirements shall apply:
a. Responses shall be submitted in two complete printed sets including an Original and one (1) Copy in separate "hard side" three-ring binders. The outer spine of each binder shall be labeled showing this Invitation No., Offeror Name, and either "Original" or "Copy", as applicable. The Original printed response will be Revised: 04/16/18 Page 12 of 20
considered to be the binding Response in case of any conflicts between printed copies and electronic copies.
Except for required forms, H-GAC Invitation documents should not be included in the Response. b. The Original and the Copy shall be submitted complete, except that the Electronic Media should be submitted only with the Copy.
c. All required H-GAC FORMS and documents shall be properly completed, without exception or Offeror’s Response may be deemed non-compliant. Offeror may not modify the format of any H-GAC FORM in any way. Offeror may photocopy or print blank FORMS as needed. Information submitted on the printed copies of the FORMS may not be handwritten except for signatures and initials. It is Offeror's responsibility to insure that printed FORMS are clear and legible. Handwritten and illegible entries may be rejected. Offeror's printed, stamped or typed name shall appear on every FORM submitted in the Response. d. The entire response submission shall also be submitted on electronic media, including all required H-GAC FORMS. Offeror is strongly advised to make and work with copies of the original electronic FORMS. The originals can then be used to make additional electronic or printed copies of the blank FORMS. Signatures are not required on the electronic FORMS.
e. The Response shall include ample written evidence, in the form of technical specifications, cut/tear sheets, brochures, pictures, drawings, etc., to demonstrate that all specifications herein have been met and/or exceeded. f. The Response shall include, in any format desired, an overview of the Service Organization which will support Products sold under any H-GAC contract. The overview must include facility locations, phone numbers and Service Manager names, as well as the following:
- The procedure to be used by an End User requiring repairs. - Typical turn-around time on repairs.
- Service Department days and hours of operation.
- Number of qualified / factory trained service personnel normally on hand. - Description of the parts inventory on hand.
- Training services, facilities and personnel available. g. Responses shall be enclosed in a sealed package(s) addressed to the Houston-Galveston Area Council, Cooperative Purchasing. The following information shall be stated on the exterior of the package(s):
Name and address of Offeror.
Date and hour of public response opening.
Bid/Proposal Invitation number.
The statement: "SEALED BID/PROPOSAL, DO NOT OPEN IN MAIL ROOM".
H-GAC shall not be responsible for any Response not properly labeled. h. Submission of a COMPLETE Response by telegraphic or electronic transmission is not acceptable. However, Responses may be modified by telegraphic or electronic notice if such notice is received prior to the deadline for submission.
i. Samples, when required, shall be submitted within the time specified and at no expense to H-GAC. If not destroyed or consumed during testing, samples will be returned upon request at Offeror's expense. j. Offeror shall provide firm contract pricing for all Products and Options being offered. k. If applicable, responses shall include copies of all current licensing which may be required by the Texas Motor Vehicle Division for execution of sales pursuant to any contract with H-GAC. l. Due to the complexity of responses and to aid in evaluation, the Response should contain ALL required information in tabbed sections as detailed below. Omission of any required FORM or information will be sufficient grounds for H-GAC to consider your response to be non-compliant. m. First Section:
Form(s) A – Offeror Identification & Signatory: Identifies the offering party(ies), and should be completed by each party to the Response. If awarded, a contract will be executed with each. Form B – Historically Underutilized Business Enterprises: Used to collect information about disadvantaged and minority suppliers and subcontractors, and to commit Offeror to working with Participants toward their program goals.
Form C – Response Checklist: Certification, and also an aid, to insure that all required information has been included in your Response.
Revised: 04/16/18 Page 13 of 20
Form W-9 – Request for Taxpayer Identification Number and Certification: Should be completed by each party to the response.
Form CIQ – Conflict Of Interest Questionnaire: Chapter 176 of the Texas Local Government Code requires vendors and consultants contracting or seeking to contract with H-GAC to file a Conflict of Interest Questionnaire (CIQ) if they have an employment or other business relationship with an H-GAC officer or an officer’s close family member. The required questionnaire is located at the Texas Ethics Commission website: http://www.ethics.state.tx.us/whatsnew/conflict_forms.htm. It is Bidder's responsibility to download the form and furnish a completed copy with the Response. Form 1295 – Certificate of Interested Parties – Must be filled out electronically with the Texas Ethics Commission’s online filing application, printed out, signed and provided from each entity that has submitted a Form A for this submission.
House Bill HB 89 Verification Form – completed and signed and provided from each entity that has submitted a Form A for this submission.
References, formatted as described elsewhere herein.
Service Organization Document, formatted as described elsewhere herein.
Second Section:
Form D – Offered Items Pricing: For Bids, contains the list of the Product Items covered by this Invitation. Select the items offered and fill in the price for each. (For RFPs, follow the instructions in Section B as this Form may or may not be used.)
Form E – Published Options: Used to list and price all offered options. List, each on a separate line, all upgrades, downgrades, optional equipment, features, accessories and services which you desire to sell thru the H-GAC contract, if awarded. Published catalogs/price sheets may be listed, along with the discount structure that will apply. (For RFPs, follow the instructions in Section B as this Form may or may not be used.)
Third Section:
Technical Specifications, Product Brochures, Tear Sheets, Cut Sheets, Strippers, etc. which clearly list and show all the standard features and capabilities of each Product Item offered on Form D. Warranty Documentation, as described elsewhere herein, for all items offered.
Fourth Section:
Copies of any applicable Texas MVD Licenses.
Electronic Media, containing the complete response including all required FORMS, stored in a pouch or an envelope such that it will not fall out of the binder. (Required in 'Copy' only, not in 'Original'.) n. By submittal of Response, Offeror certifies to the best of its knowledge that all information is true and correct.
28. CLARIFICATION TO SPECIFICATIONS & REQUIREMENTS
a. If Offeror is in doubt as to the meaning of any item in this Invitation, a written request for clarification may be submitted to H-GAC up to fifteen (15) calendar days prior to the deadline for response submission. H-GAC shall not be responsible for late delivery. Requests may be transmitted by FAX or e-mail to the assigned Specification Specialist, and should clearly reference this Invitation number and the specific page and paragraph in question. If there are multiple questions, they should be stated separately and numbered. b. Any interpretation of Invitation documents, if made, will be by written Addendum duly issued. A copy of such Addendum will be mailed or delivered to each person officially on record as having been sent a copy of this Invitation. H-GAC will not be responsible for any other explanation or interpretation of the Invitation documents made or given prior to the award of the contract. c. Any objections to the Invitation documents must be filed in writing with H-GAC on or before fifteen (15) calendar days prior to the deadline for submission of responses. d. Prospective offerors are advised that, after a draft specification has been issued, the Pre-Bid/Proposal Conference is the primary forum through which comments and suggestions may be offered for consideration by H-GAC prior to issuance of the final invitation and specifications.
Revised: 04/16/18 Page 14 of 20
e. All best efforts have been made to insure that the product/service descriptions and associated specification information in Sections B & C are correct, and adequate time has been given to prospective Offerors to point out mistakes. However, if an error remains and is caught by Offeror before the scheduled bid/proposal opening, Offeror shall make note of the required correction in the Response, and shall also notify H-GAC prior to the opening of responses.
29. INCONSISTENT INFORMATION
H-GAC review of responses supplied on H-GAC FORMS is a significant part of the evaluation process. Offeror shall state clearly all information required on the FORMS. Offeror's information supplied on the FORMS shall take precedence in the event any standard “boilerplate” type language included in Offeror's response is inconsistent with the information supplied by Offeror on the H-GAC FORMS. In all cases, information on H-GAC's printed FORMS supplied as part of Offeror's response shall take precedence over information supplied on electronic media.
30. REJECTION OF RESPONSES
a. H-GAC may reject a response if:
Offeror misstates or conceals any material fact in the Response, or if, Offeror does not strictly conform to law or the requirements of this Invitation. b. H-GAC may reject any and all responses, and may reject any part of a response. c. H-GAC, at it's sole discretion, may also waive any formalities or irregularities in any response, or ask for corrected information except for pricing.
d. The following occurrences require disqualification of the bid/proposals:
Unsigned or unauthorized signatures on bids/proposals; Bids received after the date and time for opening
Bids where prices are conditional on award of another bid or are subject to unlimited escalation e. H-GAC may refuse to award a contract to or enter into a transaction with an apparent low bidder if that bidder is indebted to H-GAC.
31. WITHDRAWAL OR MODIFICATION OF RESPONSES
Once received by H-GAC, responses may be modified or withdrawn prior to the submission deadline only if the request to do so is in writing submitted by Offeror's authorized representative. Responses and requests for modification received after the submission deadline will not be accepted. Requests for response withdrawal received after the submission deadline will be accepted if the request to do so is in writing submitted by Offeror's authorized representative.
32. RESPONSE EVALUATION
For Bid Responses:
a. Section B will state whether the contract will be awarded to the lowest responsible bidder or to the bidder who provides goods or services at the best value for H-GAC and its participants. b. If the contract will be awarded based on best value, Section B will state any relevant criteria which H-GAC will consider.
c. For each offered Product Item, H-GAC may use the offered price, prices for Required Options, and the prices of selected common Published Options to determine the lowest responsible offer. d. Failure of Offeror to submit pricing for frequently purchased options and any H-GAC required options may cause response to be considered non-compliant at H-GAC’s sole discretion.
For Proposal Responses:
e. H-GAC will evaluate proposals as detailed in Section B. f. By submission of a Response Offeror indicates acceptance of the evaluation technique, and recognizes and accepts that H-GAC may at it's sole discretion make subjective judgments during the evaluation process.
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33. ORDER OF PRECEDENCE PRIOR TO CONTRACT AWARD
In the event of conflict between this document and any references or documents cited herein, this document shall take precedence prior to contract award.
34. AWARD OF CONTRACT
a. H-GAC reserves the right to accept or reject any Product Item or option offered. Additionally, all options included in Offeror's response and accepted by H-GAC are understood to be included in any contract. b. H-GAC shall award contract(s) for line items or groups of line items, at its sole discretion. c. With authority granted by the H-GAC Board of Directors, a written contract shall be presented to the successful Offeror(s) and shall be subject to acceptance by the successful Offeror(s) within forty-five (45) calendar days after presentation by H-GAC. If a contract is not executed within forty-five (45) calendar days, H-GAC may rescind the contract offer and award a contract to the next Offeror in order of rank as determined by H-GAC. d. Delivery time and prompt payment discounts, including time allowed for payment, may be considered in tiebreaking of offers which are judged by H-GAC to be equal in all other criteria. e. The contract shall include the following documents in the stated order of precedence:
1st The contract document signed by H-GAC and Offeror.
2nd This Invitation and all specifications referenced herein. 3rd Offeror's response to this Invitation.
35. PRO-FORMA CONTRACT
This Invitation includes a Pro-Forma (sample) Contract which successful offerors will be expected to sign. The actual final contract will be the same or nearly the same as the Pro-Forma. NOTE: Successful Offerors MAY NOT process any purchase orders until the contract documents have been executed and returned to H-GAC.
36. CONTRACT TERM
The contract shall be in effect throughout the period stated elsewhere in the contract documents, and thereafter until such time as any outstanding orders against the contract have been fulfilled. The contract may be extended if deemed by H-GAC to be in the best interests of the Program, and subject to mutual agreement of the parties.
37. PERFORMANCE & PAYMENT BOND
H-GAC's contractual requirements DO NOT include a Performance & Payment Bond (PPB), and offered pricing should reflect this cost saving. However, Contractor must be prepared to offer a PPB to cover any specific order if so requested by End User. Contractor shall quote a price to End User for provision of any requested PPB, and agrees to furnish the PPB within ten business (10) days of receipt of End User's purchase order.
38. CHANGE ORDERS
End Users shall have the right to make additions by addenda for the purpose of clarification or inclusion of additional specifications, qualifications, conditions, etc. Any such addenda shall be made in writing and agreed upon by Contractor and the End User agency prior to issuance of any Change Order. A copy of any such Change Order shall be furnished by Contractor to H-GAC.
39. DUPLICATION OF TERMS OR STATEMENTS
Where statements or terms are duplicated or are extremely similar, H-GAC and the End User reserve the right to use the statement or term most favorable to H-GAC and/or the End User.
40. PUBLICITY
H-GAC encourages contractors to "market" the Program, and can provide some information and artwork to be used in published promotional materials. However, any publicity or published material released by Contractor referencing the contract, whether in the form of a press release, brochure, photographic coverage, or verbal announcement, shall be issued only with prior review and approval by H-GAC.
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41. TAXES
HGAC and End User participants are either units of government or qualified non-profit agencies, and are generally exempt from Federal and State sales, excise or use taxes. Offeror shall not include any such taxes in the Response.
Further, it shall be the responsibility of Contractor to determine the applicability of any taxes to a particular order and act accordingly. Exemption certificates will be provided upon request.
42. DRUG FREE WORKPLACE
Contractor shall provide notice to its employees and sub-contractors, as required under the Drug-Free Workplace Act of 1988. A copy of Contractor's Drug-Free Workplace policy shall, on request, be furnished to any End User.
43. PRODUCT NOTICES & MAILINGS
H-GAC is NOT the owner of Products sold pursuant to this Invitation, but acts only in the capacity of purchasing agent. In that regard, Contractor accepts sole responsibility for insuring that notices and mailings, such as Safety Alerts, Safety Recall Notices and Customer Surveys, are sent directly to the End User of record.
44. HANDLING OF ORDERS & PAYMENTS
In general, orders and payments will be handled as described below. More specific instructions and information regarding handling of purchase orders and the Order Processing Charge may be provided after contract award.
Established procedures may be changed at any time by H-GAC as may be dictated by efficient business practice.
The particulars of any sale, e.g. specific products, pricing, delivery, warranty, etc., will be in strict accordance with the terms and conditions of this Invitation and the specific contract awarded to Contractor. Beyond that:
a. For any particular procurement to be made under the provisions of an H-GAC contract, End User and Contractor will discuss requirements and agree as to what will be provided. b. Contractor will prepare a Contract Pricing Worksheet and provide it to End User. The Worksheet will list everything being purchased including the base bid item(s), all published and unpublished options and the delivery date. All pricing shall be per the current contract. c. End User will send a purchase document to Contractor, which Contractor will send H-GAC together with the Contract Pricing Worksheet. NOTE: Contractor agrees not to offer, agree to or accept from End User any terms or conditions that conflict with or contravene those in Contractor’s H-GAC contract, except for pricing discounts.
d. H-GAC will prepare an "Order Confirmation" and send it to End User and to Contractor. The Order Confirmation verifies that Contractor has a valid H-GAC contract and that the order is in compliance with the requirements of the H-GAC Cooperative Purchasing Program. Contractor will not ship any goods before receipt of both End User's purchase document and H-GAC's Order Confirmation. e. On notification that Contractor has received an order, H-GAC will invoice Contractor for the applicable Order Processing Charge. NOTE: The Order Processing Charge is charged to Contractor, EXCEPT in the case of motor vehicles. For all sales of motor vehicles the Order Processing Charge is levied on the End User, collected by Contractor, and remitted to H-GAC by Contractor. f. Contractor will deliver products/services ordered, and will invoice End User for products/services accepted by End User. (See other Sub-Section herein dealing with Product Delivery.) Contractor will not invoice before shipment has been made.
g. End User will pay Contractor for those products and/or services ordered which have been received and accepted. Under no circumstances shall any check be made payable to a representative or agent. Should a representative or agent submit an invoice to End User for any cost related to a purchase order issued to Contractor for products/services covered by an H-GAC contract, such invoice shall be forwarded to Contractor and Contractor will take action to correct the error. h. Upon delivery of any product/service by Contractor and acceptance by End User, Contractor shall remit to H-GAC the full amount of the applicable Order Processing Charge in accordance with the payment terms established in the H-GAC contract. Note, the Order Processing Charge is due whether or not Contractor has ever received an invoice from H-GAC. Sales executed based on the particulars of Contractor's H-GAC contract, without payment of the Order Processing Charge, may constitute fraud.
Revised: 04/16/18 Page 17 of 20
45. PRICE CHANGES
a. Any permanent increase or decrease in offered pricing for a base contract item or published option is considered to be a price change. Temporary increases in pricing by whatever name (e.g. ‘surcharge’, ‘adjustment’, ‘equalization charge’, ‘compliance charge’, ‘recovery charge’, etc.), are also considered to be price changes. b. Except in the case of contracted published catalogs and price sheets, prices for Base Bid Items and Published Options are expected to be held firm for a minimum of 90 days from the date an awarded Offeror signs the H-GAC contract. Thereafter, changes will be considered if accompanied by justifying documentation satisfactory to H-GAC. For published catalogs and price sheets which are on an H-GAC contract, requests to amend the contract to reflect any new published catalog or price sheet may be submitted whenever the manufacturer publishes the new document. Any such request must include the new catalog or price sheet. c. If Contractor routinely offers discounted contract pricing, H-GAC may request Contractor to accept amended contract pricing equivalent to the routinely discounted pricing. d. No price change will be allowed unless it has been reviewed and approved by H-GAC in writing. Contractor must have received H-GAC's written approval of any change prior to charging the new price or using it in any quotation prepared for an End User.
e. Price change requests must be submitted to H-GAC in writing and must be received by H-GAC at least thirty (30) calendar days prior to the requested effective date of the change, and must state the time period for which the requested pricing will remain firm.
f. Price change requests shall include H-GAC Forms D and E, or whatever documentation was used to submit pricing in the original Response hereto, showing all affected items with current contract price, requested price, and percentage change shown clearly for each. This documentation should be submitted in MSExcel format to facilitate analysis and updating of the website.
g. Price change requests MUST be supported with substantive documentation (e.g. manufacturer's price increase notices, copies of invoices from suppliers, etc.) showing that Contractor's actual costs have increased. The Producer Price Index (PPI) may be used as partial justification, subject to approval by H-GAC, but no price increase based solely on an increase in the PPI will be allowed. h. All Products shall, at time of sale, be equipped as may be required under any then current applicable local, state, and federal government requirements. If, during the course of any contract, changes are made to such government requirements which cause a manufacturer's costs of production to increase, Contractor may increase Product pricing to the extent of Contractor’s actual cost increase. The increase must be substantiated with support documentation acceptable to H-GAC prior to taking effect. Modifications to a Product required to comply with such requirements which become effective after the date of any sale shall be the responsibility of the End-User.
i. In cases involving contract extensions exceeding sixty-one (61) days beyond the stated expiration date of the contract, Contractor may request a price change based on the same conditions as stated above. However the thirty (30) day prior notice is waived and H-GAC will consider the request immediately on receipt. j. H-GAC reserves the right to accept or reject any price change request. Acceptance, if granted, will be in writing and the approved changes will become part of the contract.
46. CONTRACT ITEM CHANGES
a. If a manufacturer discontinues a contracted item, that item will automatically be considered to be deleted from the contract with no penalty to Contractor. However, H-GAC may at it's sole discretion elect to make a contract award to the next low offeror for the item, or take any other action deemed by H-GAC to be in the best interests of End Users, at its sole discretion.
b. If a manufacturer makes any change in a contracted item which does not affect the contract price, Contractor shall advise H-GAC of the details. If the 'new' item is equal to or better than the originally contracted item, the 'new' item shall be approved as a replacement. Otherwise H-GAC may allow or reject the change, or take any other action deemed by H-GAC to be in the best interests of End Users, at its sole discretion. If the change is rejected there will be no penalty to Contractor.
c. If a manufacturer makes any kind of change in a contracted item which affects the contract price, Contractor shall advise H-GAC of the details. H-GAC may allow or reject the change at its sole discretion. If the change is rejected there will be no penalty to Contractor. However, H-GAC may elect to make a contract award to the next low offeror for the item, or take any other action deemed by H-GAC to be in the best interests of End Users, at its sole discretion.
Revised: 04/16/18 Page 18 of 20
d. In the case of specifically identified catalogs or price sheets which have been contracted as base bid items or as published options, routine published changes to products and pricing shall be automatically incorporated into the contract. However, Contractor must still provide thirty (30) calendar days written notice and an explanation of the changes to products and pricing. H-GAC will respond with written approval.
47. FORCE MAJEURE
If either party shall be wholly or partially prevented from the performance of any contractual obligation or duty by reason of or through strikes, stoppage of labor, riot, fire, flood, acts of war, insurrection, accident., order of any court, act of God, or specific cause reasonably beyond the party's control and not attributable to its neglect or nonfeasance, in such event, the time for the performance of such obligation or duty shall be suspended until such disability to perform is removed. Determination of Force Majeure shall rest solely with H-GAC..
48. PERFORMANCE UNDER CONTRACT
H-GAC is committed to insuring that Contractor provides effective and efficient service to all Participants in the Cooperative Purchasing Program, and expects that certain Performance Conditions must be met. Failure to meet these conditions may result in contract termination. In that regard, Contractor shall:
a. Appoint a dedicated representative to be the contact person and focal point for all matters relating to End User quotations and orders. The representative shall have: A toll free phone number with voice mail; A fax number; A working e-mail address; and A postal address. b. Insure that the representative timely monitors all communication modes listed above, and promptly responds to communications from End Users and H-GAC in any of these modes. Phone calls will be promptly returned, in any event not later than the next business day. Acceptable failure will be due only to Force Majeure. c. Maintain sufficient qualified staff to promptly process all communications from H-GAC or End Users, and to efficiently, effectively and accurately service all requirements of the contract. d. As may be requested by H-GAC, replace any staff members who are not providing the service and expertise deemed necessary by H-GAC for acceptable support of End Users. e. Properly prepare and provide to End User a Contract Pricing Worksheet, or a quotation in other format as approved by H-GAC, for each and every order that is to be executed. f. Furnish, on request of H-GAC, reasonable data, forms and graphic material to be used in brochures or other print media, or on H-GAC's website.
g. Allow access to H-GAC authorized personnel for inspection of operating facilities, and auditing of purchase orders during the contract period, and for a period extending thru the completion of any outstanding orders. Site inspection may be arranged not less than ten (10) calendar days prior, shall include the names of all participants, and shall be at no expense to Contractor.
h. Reporting Requirements:
Contractor agrees to submit written quarterly reports to H-GAC detailing all transactions during the previous three month period. Such reports shall include, but are not limited to the following:
End User name
Product/Service purchased, including Product Code if applicable End User Purchase Order Number
Purchase Order Date
Product/Service dollar amount
HGACBuy Order Processing Charge amount
Reports must be provided to H-GAC in MSExcel or other acceptable electronic format, and are due by the 30th day of the month following the applicable quarter being reported. i. Should Contractor default in providing Products or Services as required by this Invitation and the contract, recourse may be exercised thru cancellation of the contract and other legal remedies as may be appropriate.
49. CONTRACTOR ORIENTATION/TRAINING
H-GAC believes that Contractor's familiarity with the operational policies and requirements of the Cooperative Purchasing Program is a key factor in achieving End User satisfaction. In that regard, the Contact Person listed on Form A, or an alternate, shall be required to participate in an H-GAC vendor orientation/training as soon as Revised: 04/16/18 Page 19 of 20
possible after contract award. In addition, any other of Contractor's staff who will be involved in any way with the HGACBuy Program should participate in orientation. The orientation may be presented as a teleconference or webinar, or may be held in H-GAC's offices as may be determined by H-GAC and Contractor to be the most efficient and effective form of delivery.
50. LEGAL & CONTRACTUAL REMEDIES
RESOLUTION OF PROTESTED SOLICITATIONS AND AWARDS
Procedure
Any actual or prospective Offeror or Contractor who is aggrieved in connection with a purchase transaction may file a grievance. The grievance may be filed at any phase of the procurement. In order for an above mentioned party to enter the grievance process, a written complaint must be sent to the Chief Operations Officer (COO) of H-GAC by certified mail which identifies the following:
1. Name, mailing address and business phone number of the complainant.
2. Appropriate identification of the procurement being questioned.
3. A precise statement of reasons for the protest.
4. Supporting exhibits evidence or documents to substantiate any claims.
The grievance must be based on an alleged violation of H-GAC’s Procurement Procedures, a violation of State or Federal law (if applicable), or a violation of applicable grant or contract agreements to which H-GAC is a party. Failure to receive a procurement award from H-GAC in and of itself does not constitute valid grievance. Upon receipt of grievance, the Chief Operations Officer will initiate the informal resolution process.
Expedited Resolution
The Procurement Officer or Departmental Director responsible for the solicitation shall contact the complainant and all interested parties and attempt to resolve the allegations informally within ten (10) working days from date of complaint. If the allegations are successfully resolved by mutual agreement, documentation will be forwarded to the Chief Operations Officer of the resolution with specifics on each point addressed in the original complaint.
If the Procurement Officer or Departmental Director is not successful in resolving the allegations, the complaint along with the comments will be forwarded to the Chief Operations Officer immediately. The Chief Operations Officer will review all documentation. All interested parties will be given written notice of the date, time, and place of the hearing and an opportunity to present evidence. A written decision will be issued within five (5) working days after the hearing along with notice of appeal rights.
Appeals
The complainant may appeal the Chief Operations Officer’s decision by submitting a written appeal, within five (5) working days, to the Executive Director of H-GAC. The Executive Director, upon receipt of a written notice of appeal, shall contact the complainant and schedule a hearing within ten (10) working days. The Executive Director of H-GAC has the option of appointing a Hearing Officer to preside over the hearing. If appointed, the Hearing Officer shall conduct a hearing and forward a summary and recommended resolution to the Executive Director.
The decision reached by the Executive Director or his designee shall be final and conclusive. This decision will be forwarded to the complainant in writing within thirty (30) working days.
The Contractor may, if it elects to do so, appeal the final and conclusive decision of the Executive Director to a Court of competent jurisdiction.
RESOLUTION OF CONTRACT DISPUTES
Upon breach or default, H-GAC shall give the Contractor written notice of default. If the default is not remedied, within a reasonable specified time from date of notification, to the satisfaction and approval of H-GAC, default will be declared.
Upon breach of contract or default, H-GAC may exercise any and all of its rights afforded by law, including but not limited to those referenced in the General Contract Provisions.
SOLICITATIONS OR AWARDS IN VIOLATION OF THE LAW
Contracts awarded in violation of the competitive process or otherwise in violation of the law are voidable by H-GAC.
Revised: 04/16/18 Page 20 of 20
51. NATIONWIDE SALES OPPORTUNITIES
HGACBuy provides purchasing services to local governments qualifying non-profits throughout the nation, and desires to make established contracts available to them wherever and whenever practicable. Therefore, once a contract is awarded, Contractor is expected to expand the scope of its marketing effort to include sales to End Users in all areas of the United States, and/or to assign any H-GAC contract to another contractor(s) as deemed appropriate by H-GAC in the interest of its End Users.
Contractor may sell through HGACBuy anywhere subject to compliance with applicable laws and regulations. If the market structure in which Contractor operates requires a contract assignment for any particular sale, H-GAC will expect Contractor to assign the contract to a Manufacturer or to another Dealer(s). Such assignment must be approved by H-GAC.
Contractor’s differential costs (e.g. transportation & delivery charges) and allowances (e.g. manufacturer’s sales incentives) related to any sale may be charged to buyer.
End of Section A General Terms And Conditions
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SECTION B – PRODUCT SPECIFIC REQUIREMENTS
For
EE08-19 - EMERGENCY MEDICAL & RESCUE EQUIPMENT
Table of Contents
Sub-Section Page
BACKGROUND & PURPOSE: ................................................................................................................................. 1 COMMITMEMNT………………………………………………………………………………………………..….1
PROCUREMENT PROCESS .................................................................................................................................... 2 PRICING……………………………………………………………………………………………………………...2
OPTIONS…………………………………………………………………………………………………...…………3
PRODUCT CATEGORIES……………………………………………………………………………………….…4
PORTABLE DEFIBRILLATORS & CHEST COMPRESSION SYSTEMS .......................................................................... 4 EMERGENCY RESCUE EQUIPMENT .......................................................................................................................... 4 STANDARD EQUIPMENT & ACCESSORIES: ..................................................................................................... 4 COMPLIANCE REQUIREMENTS………………...………………………………………………………………6 HYDRAULIC-POWERED EXTRICATION EQUIPMENT .................................................................................. 6 WARRANTY, PREVENTIVE MAINTENANCE AND DISCOUNTS: ................................................................. 9 TRAINING ................................................................................................................................................................. 10 AWARDS…………………………………………………………………………………………………………… 10
BACKGROUND & PURPOSE:
The Houston-Galveston Area Council (H-GAC) is a government agency which provides a Cooperative Purchasing Program as part of its service to other government agencies. The Program currently makes blanket type contracts, covering products and services for the use of its membership of more than 7000 local government participants including cities, counties, emergency service districts, school districts, etc. Any local government may participate in the Program so long as their state has “inter-local cooperation authority” or other joint power provisions that allow participation in cooperative activities. Currently, this practice is approved and provided through most states. There are also no costs associated with joining the H-GAC Cooperative Purchasing Program.
With this Bid Invitation, H-GAC is soliciting bids for the purpose of selecting qualified Manufacturers/Distributors to make their Emergency Medical & Rescue Equipment available to all current and future participants in this Cooperative Purchasing Program. This provides qualified governmental entities, political subdivisions and nonprofit organizations the ability to purchase this equipment in an efficient, cost effective and competitive procurement method. This will be a multi-source contract for all Contractors/Distributors meeting or exceeding the minimum specifications set forth herein as well as meeting the lowest bidding requirements.
COMMITMENT
Offeror is required to make some basic commitments to insure the overall success of this program. By submission of a response, offeror commits to the following:
Corporate/Sales Commitment – A commitment that HGACBuy has the support of senior management and that HGACBuy will be the primary government contracting vehicle when offering services/products awarded from this solicitation to eligible end users nationwide. A further commitment to aggressively market the program, both independently as well in partnership with HGACBuy.
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HUB Participation – It is H-GAC’s goal to have Historically Underutilized Business Enterprise (HUB) participation in providing services under a contract. IF Offeror(s) intends to employ subcontractors in providing services/products related to this solicitation, Offeror(s) shall make and demonstrate a good faith effort to include HUB participation under a contract. Offeror(s) good faith effort shall include, but is not limited to the following affirmative steps (ref. 2CFR 200.321):
1) Placing qualified small and minority businesses and women’s business enterprises on solicitation list; 2) Assuring that small and minority businesses and women’s business enterprises are solicited whenever they are potential sources;
3) Dividing total requirements, when economically feasible, into smaller task or quantities to permit maximum participation by small and minority businesses, and women’s business enterprises; 4) Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority businesses, and women’s business enterprises; 5) Using the services and assistance as appropriate, of such organizations as the Small Business Administration and the Minority Business Development Agency of the Department of Commerce; NOTE: The term HUB as used in this solicitation is understood to encompass all programs/business enterprises such as Small Disadvantaged Business (SDB), Disadvantage Business Enterprise (DBE), Minority Owned Business Enterprise (MBE), Women Owned Business Enterprise (WBE) and Disabled Veteran Business Enterprise (DVBE).
PROCUREMENT PROCESS
The HGACBuy procurement process operates generally as follows:
a) End User/Buyer contacts Contractor and discusses requirements. b) Contractor prepares an HGACBuy Contract Pricing Worksheet for End User/Buyer, based on H-GAC contract.
c) End User/Buyer sends a purchase order to Contractor, and Contractor faxes a copy to H-GAC along with the Contract Pricing Worksheet.
d) For each purchase order received, H-GAC will prepare an “Order Confirmation” and transmit it to both End User/Buyer and Contractor. The Order Confirmation verifies that Contractor has a valid H-GAC contract and that the order is being handled legally thru the HGACBuy Program. e) H-GAC will invoice Contractor for the Order Processing Charge. f) Contractor delivers the ordered product (s) and invoices End User/Buyer. g) End User/Buyer pays Contractor for products(s) received and accepted. h) Contractor remits Order Processing Charge to H-GAC.
PRICING
1. Offeror’s pricing shall be equal to or better than the Offeror’s pricing discounts normally extended to local governments.
2. All pricing shall be exclusive of freight, which will be added as a separate PO item at the time of each purchase, specific to the individual H-GAC Member's location, calculated as per carrier invoice. As per Section-A, HGAC orders shall be FOB destination, freight prepaid, with shipping arranged by Contractor (freight billed to Member) and responsibility for the shipment being with the Contractor up to the end user delivery point exchange.
3. For purposes of this Invitation and any subsequent contract, all items offered shall be identified by a seven (7) character alpha-numeric Product Code, as preformatted on Form-D. The 5th character represents the general equipment category. The 6th and 7th (alpha) characters represent the EE08-19 Emergency Medical & Rescue Equipment
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manufacturer or brand and catalog.
4. Please note: Form-D is the desired format for specific, preapproved brands and catalogs, (or specific models / solutions). Form-E is intended for the pricing of options that are directly related to Form-D line items. Form-E is not intended as a medium for Offeror to price non-approved competing equipment, as this does allow for competitive bidding from other potential dealers (for example: if a dealer prices brand "A" lifts on Form-D, then a different brand, "B", may not also be listed on Form-E).
5. As described in Section-A, for each purchase order under an awarded contract, H-GAC will invoice contractors directly for the 1.5% H-GAC purchase order processing charge. It is each Offeror’s responsibility to take this into consideration when preparing Form-D and Form-E bid pricing, building this fee into the catalog line items and option prices, accordingly. During the life of the contract, the percentage discount shall still prevail on catalog line items. On purchase orders where a contractor extends an additional point-of-purchase discount, the order processing charge shall still be calculated by H-GAC against the awarded bid pricing before any additional discounts have been applied.
6. Form-D: Catalog Line Items
6.1 For each catalog priced under this Invitation, Offeror shall supply a comprehensive, percentage-off-list discount level for the described catalog, on Form-D. Catalog line items submitted without any listed discounts (i.e. zero-percent) may be deemed non-compliant. A zero-percent discount should be shown as “List” on Form D/E. If Offeror maintains that a single, comprehensive discount is not feasible for a given catalog bid (i.e. averaged discounts a problem due to very different margins across categories), then Offeror may submit multiple percentage discounts for a given catalog, by category; HOWEVER, in such a scenario, Offeror should limit the number of discount variances to the broad equipment categories found in a given catalog. In the event of competition for said catalog, an average of these multiple discounts will be taken for evaluation purposes.
6.2 Catalogs and their associated pricing shall be those official documents that are in effect at the time of the bid submittal (i.e. April 2019). If a manufacturer’s catalog represented under this contract is changed (i.e. new and/or dropped items) during the contract period, Contractor shall notify HGAC of change and supply a digital copy of the new catalog version for a formal contract update.
6.3 For every Form-D listed catalog bid under this Invitation, Offeror shall include the following with bid package -- a copy of:
The applicable manufacturer’s catalog (printed and digital copies) with list pricing, and,
If normally a separate document, an associated list price book/sheet (printed and digital copies), with manufacturer item codes, options descriptions, and list prices.
Clarification: for catalogs bid that do not include list pricing as integral to the catalog, a separate price book/list must be included. Failure to include this will result in Offerors' bid for this specific catalog being deemed non-compliant.
7. Form-E Options Pricing:
7.1 Offeror shall use Form-E to price all common options and services that relate to the base items bid on Form-D. For catalog line items, Offeror shall include those related value-added services and accessories that fall outside the catalog, such as extended warranties or installation.
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PRODUCT CATEGORIES:
This Invitation is meant to include a comprehensive range of different types Emergency Medical & Rescue Equipment from various manufacturers. The Product Categories covered by this bid are defibrillators, chest compression systems and related rescue equipment:
Portable Defibrillators & Chest Compression Systems
A. In-Home / Work & Onsite Public Access AED
B. Biphasic Automated External Defibrillators
C. Semi-Automatic Biphasic Defibrillators w/ECG Monitoring D. Manual Biphasic Defibrillators w/ECG Monitoring
E. Semi-Automatic Manual Biphasic Defibrillators
F. Chest Compression Systems
G. Other Products Related To Defibrillators
Emergency Rescue Equipment
A. Self-Contained Breathing Apparatus (SCBA)
B. Spreaders
C. Cutters
D. Combination Spreader/Cutter Tools
E. Rams
F. Stabilization/Shoring Struts
G. Air Lift Rescue Bags
H. Hand-Held Thermal Imaging Equipment
I. Fire Rescue Saws
J. Electronic Personnel Accountability System (STAND-ALONE) K. Breathing Air Systems
L. Bunker Gear
Note: Each Base Product covered by this Invitation has been pre-listed on Forms D (Portable Defibrillators & Chest Compression Systems) & D1 (Emergency Rescue Equipment), and is identified by a unique H-GAC Product Code. Bidders shall decide which line items to bid and shall fill in a bid price in the appropriate cell on Forms D & D1. It is this bid pricing that will determine contract awards.
STANDARD EQUIPMENT & ACCESSORIES:
All products bid and purchased hereunder must be the manufacturer's complete standard equipment and accessories, with all basic features as shown in the manufacturer's printed literature, except as may be explicitly modified by these specifications.
Note: Bidder shall supply a spec sheet for each product code bid on Form D and/or D1. These sheets should detail Model No’s and what features are included in the price quoted for each of these line items.
Note: Defibrillator batteries to be priced/included in bid price.
A. In-HOME / WORK & ONSITE PUBLIC ACCESS AED
Biphasic waveform
Clear voice instructions, including guidance through CPR Designed to deliver shock ONLY if needed
All electrical leads and connections shall be isolated Ability to use on an Adult as well as a Child/Infant
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To include a training video at a minimum
Self-tests its system, daily or weekly
B. BIPHASIC AUTOMATED EXTERNAL DEFIBRILLATOR
Biphasic waveform
Standards: AAMI, IEC 60601, CSA
Unit to be waterproof
Batteries: Non-Rechargeable, Lithium or rechargeable sealed lead-acid batteries. Energy output not to exceed 360 joules
Electrical Protection: All leads protected against high voltage defibrillator pulses.
Output Energy Sequence: Three levels, user configurable.
Audible tones and voice prompt to assist user throughout the operation sequence. Event Documentation: Internal digital memory or approved equal Controls: POWER ON; ANALYZE and/or starts ECG analysis
C. SEMI-AUTOMATIC BIPHASIC DEFIBRILLATOR w/ECG MONITORING Biphasic waveform
Standards: AAMI, UL544, IEC 601, CSA
Defibrillator Advisory: Evaluate electrode connection and patient ECG to determine if defibrillation is needed.
Batteries: Rechargeable.
Energy output not to exceed 360 joules
Smart Alarms: Meeting standards and guidelines set by the AAMI and AHA.
Display: High-resolution.
Heart Rate Display and Alarms: Manufacturers standard following AAMI and AHA standards and guidelines.
Thermal array recorder.
D. MANUAL BIPHASIC DEFIBRILLATOR w/ECG MONITORING
Biphasic waveform
Standards: AAMI, UL544, IEC 601, CSA
Defibrillator Advisory: Evaluate electrode connection and patient ECG to determine if defibrillation is needed.
Batteries: Rechargeable.
Energy output not to exceed 360 joules
Display: Hi-Resolution.
Patient Connection: 3-lead ECG cable, paddle and electrodes.
ECG monitoring
Recorder: Initiated by alarm conditions and defibrillator discharge.
Event memory: Continuous recording of ECG data and device status.
E. SEMI-AUTOMATIC MANUAL BIPHASIC DEFIBRILLATOR w/ESCALATING JOULES The following specifications will describe a basic, semi-automatic manual biphasic external defibrillator with an escalating energy output not to exceed 360 joules, battery powered, compact and waterproofed. The following specifications are minimum requirements except where noted. Biphasic waveform
Standards: MIL-STD-461D, RE101; EN55011, class B, Group 1. Susceptibility: MIL-STD-461D, CS114, RS101.
Unit to be waterproof.
Defibrillator Advisory: Evaluate electrode connection and patient ECG to determine if defibrillation is needed.
Event Recording: Continuous recording of ECG data and events (including waveform and annotations)
Monitor: ECG patient monitoring.
Batteries: NiCad or rechargeable SLA (sealed lead-acid). Energy output not to exceed 360 joules
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Display: Monochrome.
Recording capabilities.
F. CHEST COMPRESSION SYSTEMS:
All systems must be delivered and ready for immediate use. These compression systems may be mode of operation may be pneumatic or electrical. These systems must be designed to deliver uninterrupted compressions at a consistent rate and depth to facilitate return of spontaneous circulation.
LCD Display
AHA Guidelines
Memory for downloading data for CPR review and documentation Audible alarms prompting for ventilation, pausing and patient movement G. OTHER PRODUCTS RELATED TO DEFIBRILLATORS:
H-GAC is always looking for new products to better serve its End Users. These shall be products that are similar in nature to defibrillators, generally hi-tech, not normally considered an off-the-shelf item, and should have a significant dollar value. These new product listings are items already being purchased by various governmental agencies and or non-profit organizations. H-GAC always has the right to eliminate any products listed and priced on Form D and Form E, due to the inability to enhance this contract. These “other products” shall be listed and priced on Form E as options. Bidder can list these products individually or provide a price list/catalog and identifying the pricing method for H-GAC members (i.e. % discount etc.).
COMPLIANCE REQUIREMENTS FOR SCBA’S & RESCUE EQUIPMENT:
Bidders shall specify whether the Rescue Equipment being bid is compliant with the standards (NFPA 1936/1981/1982, NIOSH, CBRN, NFPA 1801) specified in Section B and listed on Form D1. Bidder shall simply enter (yes/no or n/a) in the appropriate column for each item being bid where applicable. Compliance with these standards is not mandatory in order to participate in this bid process. Contract awards will be based on bid pricing provided on Forms D & D1.
HYDRAULIC-POWERED EXTRICATION EQUIPMENT
There are four (4) categories of Extrication Equipment: Spreaders; Cutters; Combos; and Rams. Each category contains minimum design and package configurations for a number of extrication equipment models. Bidders shall choose one or more of the models listed, each designated by a distinctive three alpha character product code prelisted on Form D1 to bid. Bidder shall reference the specific model on H-GAC documents by these product codes.
The following descriptions shall represent minimum design parameters for each tool. Each Base Unit shall be designed for the purpose of extrication on structurally collapsed settings or vehicle/machinery entrapment.
Note: Bidder must specify for each of the above four categories whether or not the equipment being bid is compliant with the NFPA 1936 Standard for Power Rescue Tool Systems (latest edition) -- including accessories (safety factor minimums per NFPA) on Form D1.
Note: Independent, third party compliance certification, per NFPA guidelines shall be provided for NFPA 1936 compliant tools bid upon request.
Note: Each system shall come equipped with a detailed operator’s manual (the price of which shall be included in the bidder’s Base Unit price) and be warranted against manufacturer’s defects (workmanship and materials) for a minimum of one (1) year, effective on delivery.
Note: Compatible Power Units are to be listed as options and priced accordingly for any hydraulically powered extrication tool being quoted on Form E.
A. SELF-CONTAINED BREATHING APPARATUS (SCBA)
The following description shall represent minimum design parameters for each SCBA. Each unit shall be designed for the purpose of mobile breathing support in fire settings. Each model shall be an open circuit, positive pressure (“pressure demand”) type, self-contained breathing instrument. All units sold shall have all pneumatics, harness & back plate, cylinders, and headpiece-mask warranted against manufacturer’s defects (workmanship and materials) for a minimum of five (5) years, effective upon delivery, and electronics warranted against manufacturer’s defects (workmanship and materials) for a minimum of two (2) years, effective upon delivery. Each base unit SCBA system shall be priced with the following:
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a) 100 LPM high airflow performance (NFPA 1981 standards at the time of bid shall take precedence). b) Air cylinder, with connections
c) Mask (medium size), with an anti-fog lens of polycarbonate or equally-performing material d) A flame-resistant harness and padded back plate
e) EOS Indicators – Two (2) (per NFPA 1981, Sections 4) f) A low-pressure warning signal (@ 33% of cylinder’s capacity), with an analog/digital-monitoring gauge.
An independent, two-stage pressure regulator system, with a manual bypass operation. The first stage pressure reducer shall be a fail-safe design, initially reducing pressure, directly mounted to cylinder valve or via high-pressure hose connection. The second stage, pressure demand regulator, working in tandem with the first, responsive to operator’s respiratory demand. The regulatory design shall incorporate an emergency by-pass valve, under separate circuitry.
g) Heads-Up-Display (HUD), activated by pressurization of system, constantly visible to user (NFPA 1981, latest edition)
h) Rapid intervention crew (“RIC”) universal air line connection to facilitate the replenishment of air to SCBA cylinder, permanently mounted (per NFPA 1981, latest edition) Note: SCBA’s bid are to be compliant with the Latest Edition of NFPA 1981/1982.
B. SPREADERS
The following description shall represent minimum design parameters for each spreader. Each Base Unit shall be a variable speed hydraulic design, with a quick-connect coupler, in tool steel, aluminum alloy, or comparably performing metals for the body, arms, tips, pistons, and valves. Each unit priced and sold under this invitation shall possess a positive operation “deadman” safety engagement design and be warranted against manufacturer’s defects (workmanship and materials) for a minimum of one (1) year, effective upon delivery.
Note- Electric or Electric over Hydraulic Spreaders are to be environmentally sound, such that there are no exposed hydraulic or gasoline fluids. These tool systems shall be battery powered, portable and suitable for both outdoor and indoor use. Bidder shall quote controller units, power cables, battery packs, jumper cables, & battery chargers as options on Form E.
C: CUTTERS
The following description shall represent minimum design parameters for each cutter. Each unit shall be designed for the purpose of extrication on structurally collapsed settings or vehicle/machinery entrapment, with at least one moveable blade that is used to cut/shear/sever material. Each Base Unit shall be a variable speed hydraulic design, in tool steel, aluminum alloy, or comparably performing metals for the body, blades, tips, pistons, and valves. Each unit priced shall possess a positive operation “deadman” safety engagement design and be warranted against manufacturer’s defects (workmanship and materials) for a minimum of one (1) year, effective upon delivery.
Note- Electric or Electric over Hydraulic Cutters are to be environmentally sound, such that there are no exposed hydraulic or gasoline fluids. These tool systems shall be battery powered, portable and suitable for both outdoor and indoor use. Bidder shall quote controller units, power cables, battery packs, jumper cables, & battery chargers as options on Form E.
D. COMBINATION SPREADER/CUTTER TOOLS
The following description shall represent minimum design parameters for each combination tool. Each unit shall be designed for the purpose of extrication on structurally collapsed settings or vehicle/machinery entrapment, with both spreading and cutting capabilities. Each Base Unit shall be a variable speed hydraulic design, in tool steel, aluminum alloy, or comparably performing metals for the body, blades, tips, pistons, and valves. Each unit priced shall possess a positive operation “deadman” safety engagement design and be warranted against manufacturer’s defects (workmanship and materials) for a minimum of one (1) year, effective upon delivery.
Note- Electric or Electric over Hydraulic Combination spreader/cutter tools are to be environmentally sound, such that there are no exposed hydraulic or gasoline fluids. These tool systems shall be battery powered, portable and suitable for both outdoor and indoor use. Bidder shall quote controller units, power cables, battery packs, jumper cables, & battery chargers as options on Form E.
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E. RAMS
The following description shall represent minimum design parameters for each hydraulic ram. Each unit shall be designed for the purpose of extrication on structurally collapsed settings or vehicle/machinery entrapment. Each Base Unit shall be a variable speed hydraulic design, in tool steel, aluminum alloy, or comparably performing metals for the body, piston rods, and ram ends. Each unit priced shall possess a positive operation “deadman” safety engagement design and be warranted against manufacturer’s defects (workmanship and materials) for a minimum of one (1) year, effective upon delivery.
Note- Electric or Electric over Hydraulic Rams are to be environmentally sound, such that there are no exposed hydraulic or gasoline fluids. These tool systems shall be battery powered, portable and suitable for both outdoor and indoor use. Bidder shall quote controller units, power cables, battery packs, jumper cables, & battery chargers as options on Form E.
F. STABILIZATION/SHORING STRUTS
The following description shall represent minimum design parameters for each tool. Each stabilization /shoring strut shall be designed for fire & rescue personnel for bracing applications on collapsed light structure settings (walls, ceilings, etc.) and/or vehicle/machinery entrapment, providing vertical, horizontal, and angled support capability. Each base unit strut shall be manually, pneumatically, or hydraulic activation designs, positive locking, in high strength steel, alloy, or composite material. All units sold shall be warranted against manufacturer’s defects (workmanship and materials) for a minimum of one (1) year, effective upon delivery.
G. AIR LIFT RESCUE BAGS
The following description shall represent minimum design parameters for each bag. Each unit shall be designed for the purpose of vehicle/machinery lifting and stabilization in low, medium, and high pressure designs. Each unit shall be an inflatable design, constructed of neoprene, aramid, or nylon, and rubber, in reinforced layers, with neoprene or rubber covers. Each unit shall be capable of inflation to a desired air volume/height, with an SCBA cylinder (2216/3000/4500 PSI), compressor, or compressed air source (equipped with appropriate connections).
H. HAND-HELD THERMAL IMAGING EQUIPMENT
The following description shall represent minimum design parameters for each imager. Each unit shall be designed for the purpose of victim and fire identification by detecting gradations in environmental temperatures, by the detection and conversion of infrared radiation into a visible light picture. Each Base Unit shall be a hand held thermal imager designed for the purpose of rescue vision enhancement, designed in a barium strontium titanate ceramic (BST) or microbolometer sensor types).
Each base unit imager shall be priced with the following:
Two (2) rechargeable batteries, (12 volt & 120 volt adapter) and Charger Base Shock absorbent rear visor/shroud and adjustable side strap Padded carrying case (to be bid as an option on Form E) Note: Bidder must specify on Form D1 if bid unit is compliant with NFPA 1801 regarding water proofing, and FCC requirements for electromagnetic emissions, static discharge and AC voltage fluctuations.
I. FIRE RESCUE SAWS
The following description shall represent minimum (i.e. base unit) design parameters for each saw. Each unit shall be designed for the purpose of satisfying rescue, ventilation, and extraction needs for fire/rescue personnel, in building and/or vehicle settings. Each base unit shall be designed and equipped to cut through wood; asphalt, metal, & wood shingles; doors, trees, and gauged steel sheeting. Each unit shall be built in accordance to all current EPA regulations, including Phase II standards (HC, CO, Nox) for Class III, IV, and V (“Non-Road Spark Ignition Engines”). All units sold shall be warranted against manufacturer’s defects (workmanship and materials) for a minimum of one (1) year, effective upon delivery. All base units shall come equipped with:
Handle
Scrench tool
Lubrication system
Guide bar (on chain models)
EE08-19 Emergency Medical & Rescue Equipment
3/7/19 ----- Final ----- Page 9 of 11
A positive operation “deadman” safety engagement design A general purpose carbide/alloy segmented blade /chain* (as applicable) A low vibration design
Chain brake (where applicable)
Muffler
Blade guard (on circular saw models)
Oil filtration system
Detailed operator’s manual
Carry Case
J. Electronic Personnel Accountability System (Stand-Alone) The following description shall represent the minimum design parameters for each system. Each system to consist of a Command Base or a PC based Command platform configured in a 2-way signaling capability to communicate with NFPA 1982 compliant (NFPA 1982 standards at the time of bid shall take precedence) stand-alone PASS (Personal Alert Safety System) devices, and portable repeaters if needed.
System shall provide Command immediate notification of a downed or distressed firefighter and can be used to transmit Evacuation signals to personnel when deemed appropriate by Command. Notification of firefighter distress conditions shall include audible and visual alerts. The Stand-Alone Electronic Accountability System ensures automatic monitoring via the 2-way signaling PASS of the life safety status of each person on the fire scene by Command, with or without the use of SCBA, for total fire scene accountability.
K. BREATHING AIR SYSTEMS
Systems (mobile & stationary) pre-listed on Form D1 being bid must be compliant with current NFPA standards where applicable. These units shall be completely assembled, adjusted, and all equipment including standard and supplemental equipment shall be installed and the unit made ready for continuous operation. Options for these systems are to be listed on Form E.
L. BUNKER / WILDLAND RESCUE GEAR
Bidders are encouraged to quote Bunker and Wildland Rescue Gear and Protective Accessories. Bunker Gear materials and construction shall meet or exceed NFPA Standard 1971 (latest edition), and/or OSHA for structural fire fighters protective clothing. Wildland Gear shall meet the latest editions of both NFPA 1977 and 1951 standards. These manufacturers have been pre-listed on Form D1 for bid purposes.
Bidder shall quote the manufacturer catalog listed in the form of a % discount (off list/retail). Discount to be shown in the Base Offered Price Column.
Note: An electronic copy of any mfg. catalog and retail price sheet listed on Form D1 must be included with the bid.
WARRANTY, PREVENTIVE MAINTENANCE AND DISCOUNTS:
Defibrillator Warranty: All devices such as monitors and recorders and optional accessories (other than disposable items) shall be covered by a minimum of a one (1) year warranty on material and workmanship under normal service. Standard warranty times per Product Code and per Contractor may vary and therefore, shall be indicated as such on Form D. A fully disclosed list of Product Warranties shall be listed and/or sent as an attachment to Form E on the bid document. This shall include all products including all optional components.
Hydraulic Rescue Tools: All units sold shall be warranted against manufacturer’s defects (workmanship and materials) for a minimum of one (1) year, effective upon delivery.
Extended Warranties: When so specified and agreed to in an END USER purchase order, an extended warranty shall be provided to cover a period of time from the expiration date of the standard warranty.
Extended warranties must be explained and listed in detail (including the cost) on the response Form E.
EE08-19 Emergency Medical & Rescue Equipment
3/7/19 ----- Final ----- Page 10 of 11
Multiple Unit Discounts: The bidder must state in their bid response Form E any discounts for End-Users placing multiple unit orders per purchase order and exactly what parameters must be met in order to receive these additional pricing discounts.
TRAINING:
Defibrillators:
Training shall be carried out either on the device itself using an external ECG rhythm simulator or using a separate AED training unit. This separate training unit shall not deliver any energy and shall be compatible with any CPR manikin system. In-service training videos shall be included with each device. The manufacturer shall make in-house technical service personnel available to answer protocol, training, and device questions. The standard training program or process for each Base Product Code, shall be indicated on Form E as well as any cost to the End User associated with any part of the program.
Rescue Equipment:
With the purchase of new equipment described herein, contractors shall provide H-GAC Members with adequate training, which, at the very least, shall be comprised of one (1) detailed operator training manual in written and video (if produced) formats), covering operation, preventative maintenance, and safety (the price of this item(s) shall be included in the base unit price). Additionally, HGAC Members must have an ongoing opportunity for communication with an engineer, sales engineer, or qualified technician, beginning at the time of delivery and extending for the life of each item sold.
AWARDS
EVALUATIONS AND AWARDS
For each specific Form-D line item, H-GAC will recommend awards to the contractor with the highest overall score providing the best value.
Scoring Component: Pricing
For each line item, a review of Offerors’ submitted bid prices will be conducted. Where pricing elements are satisfied, (including a thorough and accurate Form-E, electronic copies, et cetera), each Offeror will be ranked first, second, third, et cetera based upon system/product pricing or catalog discount levels, whichever is applicable for a given line item.
Form-D Base Bid Price will be weighted to 90% of the total score For any given line item / product code evaluated, where there more than one Offeror exists, each Offeror will be assigned, based on the aforementioned price ranking (percentage discount level on catalog line items and Base Unit price on non-catalog line items) a rank (1, 2, 3, etc.). Each rank will then be adjusted against the weighed multiplier to arrive at this Pricing subsection score.
Note: HGAC reserves the right to utilize this Pricing component to adjust for an Offeror’s inadequate Form-E pricing, whereby, the individual offeror’s rank may be adjusted accordingly Scoring Component: Past Performance
An evaluation will be conducted of the Offeror’s previous sales performance as an HGACBuy Contractor.
This is weighted at a maximum 10% of the total score. If an Offeror is a current vendor and has sales, they will receive the full 10%, no sales, 0%. First-time bids will receive the maximum 10% for this scoring component. Each Offeror’s rank will be adjusted against the 10% / 0% index to arrive at this Past Performance subsection score
For each line item, an offeror will receive a final score, comprised of the score for their Pricing and Past Performance scores.
EE08-19 Emergency Medical & Rescue Equipment
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Note: In the event of a tie, H-GAC reserves the right to utilize additional factors in compiling a tie breaker, which may include an offeror’s specific H-GAC member sales data, number and location of branches, depth and breadth of priced options, a vendor’s reporting and fee remittance history with HGAC, vendor history with respect to HGAC members, et cetera.
NOTE: For joint bids (e.g. a single response from multiple dealers), each Form-A submitted in the offeror’s response will be scored per the above criteria and an overall average will be taken of all Form-A’s submitted to determine the overall score for each joint bid submission.
MARKETING & SERVICE PLAN (FORM-H)
H-GAC expects proposer to have the capability and willingness to serve any H-GAC Member across the nation, and to promote this contract to the best of its ability. Consistent with this, proposer should acknowledge this, with a description of the resources that will most likely be employed in serving H-GAC Members (e.g. staff appointed to manage the contract, possible revised processes for purchase orders, staff training relating to this contract) and in promoting this contract (e.g. sales calls, mail-out campaigns, et cetera
---------- This is the end of Section B ----------
Invitation No.: EE08-19
Title:
This Section contains the following H-GAC FORMS .
FORM DESCRIPTION
Form A: Offeror Identification and Authorized Signatory Form B: Historically Underutilized Business Enterprises Form C: Response Checklist
Forms D/D1: Offered Items Pricing
Form E: Published Options
Form H Marketing Plan
Form W-9 Request for Taxpayer Identification Number and Certification
Form CIQ Conflict of Interest Questionnaire
Form 1295 Certificate of Interested Parties
HB 89 Prohibition on Contracts with Companies Boycotting Israel
CCI Contractor Contact Information
SECTION C - H-GAC FORMS
(Rev 12/02/09)
For Use In Responding To Competitive Bid And Proposal Invitations These FORMS are hereby made available in electronic format. They should be copied to Offeror's computer for completion and/or printout as required. The FORMS may not be changed or altered in any way, except as may be specified on the FORM .
ALL completed FORMS must also be submitted electronically on electronic media (DVD, CDRom, flash/thumb drive), excepting of course for signatures. The printed "Original" of the response will be considered as the official copy in case of any discrepancy between the electronic version and the printed Original.
Emergency Medical & Rescue Equipment
Invitation No.: EE08-19
Invitation Title:
Offeror Company:
Offeror Status:
Response Type(1):
Contract Signatory(2): Title:
Mailing Address(3):
Street/PO Box City State & Zip
Physical Address:
Street City State & Zip
Phone: Fax:
Email Address:
Federal Tax ID No.: Web Page URL:
(1) If Joint Offering, all parties must submit a signed Form A. A contract will be offered to each. (2) Person who will sign final contract documents if an award is made. (3) Address to which final contract documents would be sent for signature.
Contact Person(4): Title:
Mailing Address:
Street/PO Box City State & Zip
Physical Address:
Street City State & Zip
Toll Free Phone: Fax:
Email Address:
(4) Person who End Users will contact for product information and to get pricing quotes.
The Signatory below, on behalf of Offeror:
Signature: Title:
Printed Name: Date:
FORM A - OFFEROR IDENTIFICATION & AUTHORIZED SIGNATORY
(DO NOT handwrite this Form. Information must be typed in.) Emergency Medical & Rescue Equipment
(Legal name of business which will appear on contract, if awarded) - Acknowledges having thoroughly reviewed the Invitation; - Attests to having the authority to sign this response and commit Offeror to honor all requirements; - Makes, under penalty of perjury, all required Offeror Certifications as detailed in General Terms; - Certifies that all information provided in this Response is true and correct.
Member Contact Information
Manufacturer Dealer/Distributor Other
Multiple Offerors
Acting Jointly
Single Offeror Acting
Alone Or As Lead
Procurement No.: EE08-19
Title:
Offeror:
Title: Date:
FORM B - HISTORICALLY UNDERUTILIZED BUSINESS ENTERPRISES Note 2: The terms "Certified" and "Listed" as used in conjunction with HUB programs relate to the process of HUB qualification review. Jurisdictions usually require that companies claiming HUB status be reviewed and confirmed as meeting certain minimum requirements to claim that status, and that the review and confirmation process be carried out by certain designated entities. They are then "Certified" or "Listed" by having their name included on an official listing published by the Certifying or Listing Authority.
HGACBuy is comitted to promoting full and equal business opportunities for HUB contractors, and to assisting Cooperative Purchasing Program (COOP) Members in meeting mandated HUB goals. In that regard, Contractor shall make a good faith effort to use the services of Certified/Listed (See Note 2) HUBs whenever possible.
As part of a good faith effort, Contractor agrees to work with and assist HGACBuy Members in meeting HUB targets and goals, as may be required by any rules, processes or programs they might have in place. Such assistance may include such things as compliance with reporting requirements, provision of documentation, consideration of 'Certified/Listed' subcontractors, provision of documented evidence that an active participatory role for a HUB entity was considered in a procurement transaction, etc.
Most, if not all, of the Members of HGACBuy are subject to various requirements relative to purchasing goods and services from Historically Underutilized Business Enterprises (HUBs)(See Note 1). These requirements are promulgated by federal and state governmental authorities, and include measureable criteria such as 'percentage of total dollars spent directed to HUBs', 'number of HUB contractors used', 'HUB subcontractors employed by primary contractors', etc. These requirements are generally formalized in goal oriented programs.
Note 1: There are many designations other than "HUB" used across the country within various jurisdictions. Examples include terms such as Disadvantaged Business Enterprise (DBE), Minority Owned Business Enterprise (MBE), Woman Owned Business Enterprise (WBE), Small Disadvantaged Business (SDB), Small, Woman or Minority-owned Business (SWAM), etc. Regardless of the formal designation, the overall objective of the relavant programs is basically the same, i.e. to insure that disadvantaged and underutilized members of the business community receive a fair share of public spending. The term HUB as used herein shall be understood to encompass all such programs/business enterprises, no matter what terminology is used by the Member.
Emergency Medical & Rescue Equipment
Accepted and Agreed By:
On a separate sheet, list any subcontractors that would be employed in providing products or services related to this procurement.
Include subcontractor name, designation (HUB, DBE, etc.) and certifying/listing authority.
HUB Status Of Offeror
Designation(s):
Certifying/Listing Authority(s):
Subcontracts
HUB DBE MBE WBE Other
Subcontractor List attached. No Subcontractors will be used.
Offeror is a HUB, as detailed below. Offeror is not a HUB.
Procurement No.: EE08-19
Title:
Offeror:
This Response Includes: Init.
1 2
3 4
5 6
7 8
9 10
11 N/A
A Bid/Proposal Bond, or Cashier's Check in the amount of $3,000.00. (A percentage bond is NOT acceptable.)
The required list of References.
Details of "Service Organization", including locations, hours, personnel and parts/service availability. (Applies to hard goods only.)
Complete Warranty Documentation for all Products offered.
The manufacturer’s latest Specification Documents detailing standard features, operating characteristics, etc., for all products offered. Note: Bidder shall supply a spec/quote sheet for each product code bid on Form D/D1. These sheets should detail what features are included in the price quoted on Forms D/D1.
If the Non-Resident Reciprocal Bid Act applies, a copy of your state statute and a determination of the status of Texas bidders/proposers in your home state. If not applicable, indicate "N/A" If offer includes motor vehicles to be sold in Texas, copies of all current licenses as required by the Texas Motor Vehicle Commission.
Forms-- A, B, C, D, E, H (EXCEL FORMAT) 1295, W-9, CIQ, HB89, CCI. Note: Each Contractor submitting a Form A must provide a 1295, W-9, CIQ, HB89 & CCI form.
An "Original" hard copy of the COMPLETE submission, including all required FORMS, plus one copy, each in a separate hard-sided 3-ring binder.
A copy of the COMPLETE submission, including all required FORMS , in electronic format (CD, DVD, flash drive). Forms D & E are to be provided in an excel format.
An originally signed Form A from all entities who are party to this submission and who should be offered a contract if this submission is successful.
FORM C - RESPONSE CHECKLIST
Emergency Medical & Rescue Equipment
This FORM is provided to help insure that all required Response elements have been completed and included, or certified as being available upon request. Responses that do not comply with all requirements may be considered non-compliant. Offeror's signatory must review each item below, and certify by initialing in the space to the right.
Offeror
Name: Invitation No.:
Product
Code Manufacturer Description
Discount -
Off-List
Percentage
Bid Price Rank
Bid Price Score (Bid Price Rank x .90)
Bid Price Rank
Past Sales Performance Score (Bid Price Rank x 0/.10)
Awardee (Highest Score) (Columns K + M)
EE19A11 Cardiac Science CARDIAC SCIENCE 2019 Price List EE19A21 HeartSine HeartSine 2019 Price ListEE19A31 Physio- Control Physio-Control 2019 Price List EE19A41 Philips Philips 2019 Price ListEE19A61 Zoll Medical Zoll 2019 Price ListEE19A71 Defibtech Defibtech 2019 Price List EE19B11 Cardiac Science CARDIAC SCIENCE 2019 Price ListEE19B21 Heatsine HeartSine 2019 Price ListEE19B31 Physio- Control Physio-Control 2019 Price ListEE19B41 Philips Philips 2019 Price ListEE19B61 Zoll Medical Zoll 2019 Price List EE19C11 Cardiac Science CARDIAC SCIENCE 2019 Price List
H-GAC 'FORM D' - PRODUCT ITEM -- BASE OFFERING PRICES
Offeror shall price the current version (at the time of this invitation's open bid period) of the chosen catalog(s) listed below, and shall include, per Section-B: (a) printed and electronic copy of each catalog; (b) a separate list price sheet/book if not part of the manufacture catalog (printed and electronic copy); (c) percentage discount off list prices, on Form-D; (d) additional pricing on Form-E.
A. In-Home Work & Onsite Public Access AEDB. Biphasic Automated External DefibrillatorC. Semi-Automatic Biphasic Defibrillator w/ECG Monitoring INSTRUCTIONS: Fill in unshaded areas. Shaded columns for H-GAC use only.
EE08-19 - Emergency Medical & Rescue Equipment
EE19C21 HeartSine HeartSine 2019 Price List
EE19C31 Physio- Control Physio-Control 2019 Price List
EE19C41 Philips Philips 2019 Price ListEE19C61 Zoll Medical Zoll 2019 Price ListEE19C71 Defibtech Defibtech 2019 Price ListEE19D31 Physio- Control Physio-Control 2019 Price List EE19D41 Philips Philips 2019 Price ListEE19D61 Zoll Medical Zoll 2019 Price ListEE19D71 Defibtech Defibtech 2019 Price List EE19E21 HeartSine HeartSine 2019 Price ListEE19E31 Physio- Control Physio-Control 2019 Price List EE19E61 Zoll Medical Zoll 2019 Price List
EE19F61 Zoll Medical Zoll 2019 Price ListEE19F91 Physio- Control Physio-Control 2019 Price List D. Manual Biphasic Defibrillator w/ECG MonitoringE. Semi-Automatic Manual Biphasic Defibrillator w/Escalating Joules F. Chest Compression Systems
Offeror
Name:Invitation No.:
INSTRUCTIONS: Fill in unshaded areas. Shaded columns for H-GAC use only.
Product Code Mfg. Model & Description
Discount -
Off-List
Percentage
Bid Price Rank
Bid Price Score (Bid Price Rank x .90)
Bid Price Rank
Past Sales Performance Score (Bid Price Rank x 0/.10)
Awardee (Highest Score) (Columns K + M)
A. Self-Contained Breathing Apparatus (SCBA)
EE19AAA Draeger Draeger Responder Catalog Effective 03/01/2019EE19ABA Avon Protection Systems Avon Protection 2019 Supplied Air Price ListEE19ACA MSA MSA 2019 US Suggested List Price Book (Effective Jan 1, 2019)EE19ADA 3M Scott Safety 2019 3M Scott Fire & Safety Price List Effective 02/01/2019EE19AEA Interspiro Interspiro 2019 US Suggested List Price Schedule, Effective 01/01/2019EE19AFA Honeywell Honeywell Respiratory Protection, 2018-2019 Price List B. Spreaders
EE19BAA Genesis Rescue Systems Genesis Rescue Systems 2019 Product Price Schedule Revised January 14, 2019 Effective January 22, 2019 EE19BBA Amkus 2019 AMKUS Rescue Systems Price ListEE19BCA Holmatro Holmatro Rescue Tools Suggested List Price, Effective January 1, 2019 Offeror shall price the current version (at the time of this invitation's open bid period) of the chosen catalog(s) listed below, and shall include, per Section-B: (a) printed and electronic copy of each catalog; (b) a separate list price sheet/book if not part of the manufacture catalog (printed and electronic copy); (c) percentage discount off list prices, on Form-D; (d) additional pricing on FormE.
EE08-19 - Emergency Medical & Rescue Equipment
H-GAC 'FORM D1' - PRODUCT ITEM BASE OFFERING PRICES
EE19BDA Hurst Products Hurst Jaws of Life - Price List 2019 - eDRAULIC EE19BDB Hurst Products Hurst Jaws of Life - Price List 2019 - 5000 PSIEE19BDC Hurst Products Hurst Jaws of Life - Price List 2019 - 10,000 PSIEE19BDD Hurst Products Hurst Jaws of Life - Price List 2019 - StrongArmEE19BEA Power Hawk Power Hawk S-1601 Spreader, Price List 2018 EE19BFA TNT TNT Rescue Systems Inc Price List
C. Cutters
EE19CAA Genesis Rescue Systems Genesis Rescue Systems 2019 Product Price Schedule Revised January 14, 2019 Effective January 22, 2019EE19CBA Amkus 2019 AMKUS Rescue Systems Price ListEE19CCA Holmatro Holmatro Rescue Tools Suggested List Price, Effective January 1, 2019EE19CDA Hurst Products Hurst Jaws of Life - Price List 2019 - eDRAULICEE19CDB Hurst Products Hurst Jaws of Life - Price List 2019 - 5000 PSIEE19CDC Hurst Products Hurst Jaws of Life - Price List 2019 - 10,000 PSIEE19CDD Hurst Products Hurst Jaws of Life - Price List 2019 - StrongArmEE19CEA Power Hawk Power Hawk C-1601, Curved Blade-Price List 2018EE19CFA TNT TNT Rescue Systems Inc Price List D. Combination Spreader/Cutter Tools
EE19DAA Genesis Rescue Systems Genesis Rescue Systems 2019 Product Price Schedule Revised January 14, 2019 Effective January 22, 2019 EE19DBA Amkus 2019 AMKUS Rescue Systems Price List
EE19DCA Holmatro Holmatro Rescue Tools Suggested List Price, Effective January 1, 2019EE19DDA Hurst Products Hurst Jaws of Life - Price List 2019 - eDRAULICEE19DDB Hurst Products Hurst Jaws of Life - Price List 2019 - 5000 PSIEE19DDC Hurst Products Hurst Jaws of Life - Price List 2019 - 10,000 PSIEE19DDD Hurst Products Hurst Jaws of Life - Price List 2019 - StrongArmEE19DEA Power Hawk Power Hawk CS-1602, Straight Blade- Price List 2018EE19DFA TNT TNT Rescue Systems Inc Price List E. Rams
EE19EAA Genesis Rescue Systems Genesis Rescue Systems 2019 Product Price Schedule Revised January 14, 2019 Effective January 22, 2019EE19EBA Amkus 2019 AMKUS Rescue Systems Price ListEE19ECA Holmatro Holmatro Rescue Tools Suggested List Price, Effective January 1, 2019EE19EDA Hurst Products Hurst Jaws of Life - Price List 2019 - eDRAULICEE19EDB Hurst Products Hurst Jaws of Life - Price List 2019 - 5000 PSIEE19EDC Hurst Products Hurst Jaws of Life - Price List 2019 - 10,000 PSIEE19EDD Hurst Products Hurst Jaws of Life - Price List 2019 - StrongArmEE19EEA Power Hawk Power Hawk P-25, Ram 25 Inches-Price List 2018 EE19EFA TNT TNT Rescue Systems Inc Price List
F. Stabilization/Shoring Struts
EE19FAA Genesis Rescue Systems Genesis Rescue Systems 2019 Product Price Schedule Revised January 14, 2019 Effective January 22, 2019EE19FBA Holmatro Holmatro Rescue Tools Suggested List Price, Effective January 1, 2019EE19FCA Paratech Paratech 2019 List Price ScheduleEE19FDA Rescue 42 Rescue 42 2019 Price ListEE19FEA ResQtec Profix PX-M 600 Struts, Profix PXM 880 Struts, Profix PX-M 1400 Struts, Profix PX-M 2300 Struts-Price List 2018 EE19FFA AMKUS 2019 AMKUS Rescue Systems Price List
G. Air Lift Rescue Bags
EE19GAA Genesis Rescue Systems Genesis Rescue Systems 2019 Product Price Schedule Revised January 14, 2019 Effective January 22, 2019EE19GBA Holmatro Holmatro Rescue Tools Suggested List Price, Effective January 1, 2019EE19GCA Hurst-Vetter Vetter Rescue Price List 2019EE19GDA Paratech Paratech 2019 List Price ScheduleEE19GEA ResQtec NT-2 Lifting Bags, NT-4 Lifting Bags, NT-8 Lifting Bags Price List 2018 H. Hand-Held Thermal Imaging Equipment
EE19HAA Bullard Bullard Fire Thermal Imaging Pricing Effective Feb. 1, 2019EE19HBA Avon Protection Systems The argus Range of Thermal Imaging Cameras 2019 Price ListEE19HCA Scott / ISG 2019 Master Price List, excel-2019 US Price List, PDFEE19HDA MSA MSA 2019 US Suggested List Price Book (Effective Jan 1, 2019) EE19HEA FLIR FLIR Fire Segment & UAV Kits 2018-2019 Price List EE19HFA Draeger Draeger Responder Catalog Effective 03/01/2019 I. Fire Rescue Saws
EE19IAA Cutters Edge Cutters Edge Retail Price List 2019EE19IBA Tempest Tempest Technology Fire Price List, 2019EE19ICA Unifire Unifire Products Price ListEE19IDA Super Vac Super Vac Fan Price List, 2018-2019EE19IEA Stihl Fire Hooks Unlimited 2019 Price List - Effective 01/01/2019EE19IFA Partner Fire Hooks Unlimited 2019 Price List - Effective 01/01/2019 J. Electronic Personnel Accountability System (Stand-Alone) EE19JAA Grace, Ind. GRACE INDUSTRIES FireFighter Catalog 2019 US Price Pages K. Breathing Air Systems
EE19KAA 3M Scott Safety 3M Scott Safety Compressor Product 2019 Price List EE19KBA Bauer Bauer Compressors 2019 Price ListEE19KCA Stallian air Stallion Air 2019 Price ListEE19KDA Eagle Air EagleAir Price List - 2019EE19KEA Artic Artic 2019 List Price - Effective 02/01/2019 L. Bunker/Wildland Rescue Gear (Pricing to be shown as % discount off List/Retail) EE19LAA Lion LION Turnouts and Accessories 2019 Price ListEE19LAB Lion LION HEAD & EYE PROTECTION 2019 Price ListEE19LAC Lion LION PROTECTIVE GLOVES 2019 Price List EE19LAD Lion LION TECHNICAL FOOTWEAR 2019 Price List
EE19LAE Lion
LION TR51 TECHNICAL RESCUE AND RECOVERY ENSEMBLE 2019 Price List EE19LAF Lion LION VERSA PRO 2019 Price ListEE19LBA Honeywell Morining Pride TAILS 2019 Price ListEE19LBB Honeywell Morning Pride RANGER 2019 Price ListEE19LBC Honeywell Morning Pride Viper Edge VE 2019 Price ListEE19LBD Honeywell Morning Pride and EV1 Helmet 2019 Price ListEE19LBE Honeywell Gloves Hoods Suspenders 2019 Price ListEE19LBF Honeywell Footwear 2019 Price ListEE19LCA TECGEN 2019 Fire-Dex Consumer Price ListEE19LCB TECGEN RESCUE80 2019 Price ListEE19LDA Crewboss Div of Western Shelter Wildland Gear EE19LEA Veridian Veridian Fire Protective Gear 2019 Price List EE19LFA Globe Globe Classix SE 2019
EE19LFB Globe Globe Classix Metro 2019EE19LFC Globe Globe Letters and Accessories 2019EE19LFD Globe Globe IH Ready 2019EE19LFE Globe Globe G-Xtreme 3.0 2019EE19LFF Globe Globe Athletix 2019 EE19LFG Globe Globe G-Xcel 2019
EE19LFH Globe Globe GX-7 2019EE19LFI Globe Globe Footgear 2019EE19LGA PGI Fireline products & HoodsEE19LHA Lakeland Fire OSX Brand - Lakeland Fire 2019 List Price Schedule - Effective 01/01/2019EE19LHB Lakeland Fire SCX Brand - Lakeland Fire 2019 List Price Schedule - Effective 01/01/2019EE19LHC Lakeland Fire MTS Brand - Lakeland Fire 2019 List Price Schedule - Effective 01/01/2019EE19LIA Stanfield's Lifeliner Hoods CatalogEE19LJA Fire-Dex 2019 Fire-Dex Consumer Price List (Eff. March 2019)EE19LKA Chieftain 2019 Fire-Dex Consumer Price List (Eff. March 2019)EE19LLA Innotex Innotex Price List 2019 VER 20190101EE19LMA VIKING 2019 Viking PricingEE19LNA Bullard Fire & Rescue Helmets Price List (Eff. Feb. 1, 2019)EE19LOA Majestic Fire Apparel Majestic Fire Apparel 2018-2019EE19LPA Weinbrenner/ Thorogood Thorogood Fire & Uniform Price List, 2018-2019EE19LQA Shelby Specialty Gloves
Shelby Specialty Gloves, Work/Rescue/Extrication/Fire-NFPA Compliant, 2018-2019 EE19LRA Firecraft Safety Firecraft Safety Products, 2018-2019 Price List EE19LSA Dragon Gloves Dragon Fire Brand Gloves
EE19LTA HAIX Haix EMS Station Boots, Fire Boots, Forestry Boots, LE Boots, 2019 Price List EE19LUA Cosmas Footwear - Cosmas 2019 List Price - Effective 01/01/2019EE19LVA MSA Fire and Rescue Helmets-Effective 01/15/2019 FORM E - PUBLISHED OPTIONS Procurement No.: EE08-19
Offeror
Name:
Code or
Part No. Option Description Offered
Price
Notes:
(Important) 3) Options which replace standard equipment on a Form D/D1 Item should be priced net of any credit due for the replaced item.
4) Options which are upgrades/downgrades of a Form D/D1 Item should be priced at the differential amount between the cost of the Form D/D1 Item and the upgrade/downgrade option. 1) Use a single Form E for ALL Option/Accessory items and quote each on a single, separate line. DO NOT use multiple Form E's… Add or insert additional lines as necessary. 2) Completely describe each item. Include the manufacturer's code or part number. Each item listed MUST have a unique code or part number so that it can be identified in any subsequest contract.
Form H - Marketing Invitation No.: EE08-19
Offeror Name:
Bidder shall provide a written narrative explaining in some detail activities that will be undertaken to actively market and promote an H-GAC contract to local government and non-profit End Users.
H-GAC
Houston-Galveston Area Council
P.O. Box 22777 · 3555 Timmons · Houston, Texas 77227-2777 Cooperative Agreement -
GENERAL PROVISIONS
This Agreement is made and entered into, by and between the Houston-Galveston Area Council hereinafter referred to as H-GAC having its principal place of business at 3555 Timmons Lane, Suite 120, Houston, Texas 77027 and ___________________., hereinafter referred to as the Contractor, having its principal place of business at ______________________________________.
WITNESSETH:
WHEREAS, H-GAC hereby engages the Contractor to perform certain services in accordance with the specifications of the Agreement; and
WHEREAS, the Contractor has agreed to perform such services in accordance with the specifications of the Agreement;
NOW, THEREFORE, H-GAC and the Contractor do hereby agree as follows:
ARTICLE 1: LEGAL AUTHORITY
The Contractor warrants and assures H-GAC that it possesses adequate legal authority to enter into this Agreement. The Contractor's governing body, where applicable, has authorized the signatory official(s) to enter into this Agreement and bind the Contractor to the terms of this Agreement and any subsequent amendments hereto.
ARTICLE 2: APPLICABLE LAWS
The Contractor agrees to conduct all activities under this Agreement in accordance with all applicable rules, regulations, directives, standards, ordinances, and laws, in effect or promulgated during the term of this Agreement, including without limitation, workers’ compensation laws, minimum and maximum salary and wage statutes and regulations, and licensing laws and regulations. When required, the Contractor shall furnish H-GAC with satisfactory proof of its compliance therewith.
ARTICLE 3: INDEPENDENT CONTRACTOR
The execution of this Agreement and the rendering of services prescribed by this Agreement do not change the independent status of H-GAC or the Contractor. No provision of this Agreement or act of HGAC in performance of the Agreement shall be construed as making the Contractor the agent, servant or employee of H-GAC, the State of Texas or the United States Government. Employees of the Contractor are subject to the exclusive control and supervision of the Contractor. The Contractor is solely responsible for employee related disputes and discrepancies, including employee payrolls and any claims arising therefrom.
ARTICLE 4: WHOLE AGREEMENT
The General Provisions, Special Provisions, and Attachments, as provided herein, constitute the complete Agreement (“Agreement”) between the parties hereto, and supersede any and all oral and written agreements between the parties relating to matters herein. Except as otherwise provided herein, this Agreement cannot be modified without written consent of the parties.
ARTICLE 5: SCOPE OF SERVICES
The services to be performed by the Contractor are outlined in an Attachment to this Agreement.
ARTICLE 6: PERFORMANCE PERIOD
This Agreement shall be performed during the period which begins ________ and ends _______. All services under this Agreement must be rendered within this performance period, unless directly specified under a written change or extension provisioned under Article 15, which shall be fully executed by both parties to this Agreement.
ARTICLE 7: PAYMENT OR FUNDING
Payment provisions under this Agreement are outlined in the Special Provisions.
ARTICLE 8: REPORTING REQUIREMENTS
If the Contractor fails to submit to H-GAC in a timely and satisfactory manner any report required by this Agreement, or otherwise fails to satisfactorily render performances hereunder, H-GAC may terminate this agreement with notice as identified in Article 16 of these General Provisions. H-GAC has final determination of the adequacy of performance and reporting by Contractor. Termination of this agreement for failure to perform may affect Contractor’s ability to participate in future opportunities with H-GAC. The Contractor's failure to timely submit any report may also be considered cause for termination of this Agreement.
Any additional reporting requirements shall be set forth in the Special Provisions of this Agreement.
ARTICLE 9: INSURANCE
Contractor shall maintain insurance coverage for work performed or services rendered under this Agreement as outlined and defined in the attached Special Provisions.
ARTICLE 10: SUBCONTRACTS and ASSIGNMENTS
Except as may be set forth in the Special Provisions, the Contractor agrees not to subcontract, assign, transfer, convey, sublet or otherwise dispose of this Agreement or any right, title, obligation or interest it may have therein to any third party without prior written approval of H-GAC. The Contractor acknowledges that H-GAC is not liable to any subcontractor or assignee of the Contractor. The Contractor shall ensure that the performance rendered under all subcontracts shall result in compliance with all the terms and provisions of this Agreement as if the performance rendered was rendered by the Contractor. Contractor shall give all required notices, and comply with all laws and regulations applicable to furnishing and performance of the work. Except where otherwise expressly required by applicable law or regulation, H-GAC shall not be responsible for monitoring Contractor's compliance, or that of Contractor’s subcontractors, with any laws or regulations.
ARTICLE 11: AUDIT
Notwithstanding any other audit requirement, H-GAC reserves the right to conduct or cause to be conducted an independent audit of any transaction under this Agreement, such audit may be performed by the H-GAC local government audit staff, a certified public accountant firm, or other auditors designated by H-GAC and will be conducted in accordance with applicable professional standards and practices. The Contractor understands and agrees that the Contractor shall be liable to the H-GAC for any findings that result in monetary obligations to H-GAC.
ARTICLE 12: EXAMINATION OF RECORDS
The Contractor shall maintain during the course of the work complete and accurate records of all of the Contractor's costs and documentation of items which are chargeable to H-GAC under this Agreement.
H-GAC, through its staff or designated public accounting firm, the State of Texas, and United States Government, shall have the right at any reasonable time to inspect, copy and audit those records on or
off the premises by authorized representatives of its own or any public accounting firm selected by HGAC. The right of access to records is not limited to the required retention period, but shall last as long as the records are retained. Failure to provide access to records may be cause for termination of the Agreement. The records to be thus maintained and retained by the Contractor shall include (without limitation): (1) personnel and payroll records, including social security numbers and labor classifications, accounting for total time distribution of the Contractor's employees working full or part time on the work, as well as cancelled payroll checks, signed receipts for payroll payments in cash, or other evidence of disbursement of payroll payments; (2) invoices for purchases, receiving and issuing documents, and all other unit inventory records for the Contractor's stocks or capital items; and (3) paid invoices and cancelled checks for materials purchased and for subcontractors' and any other third parties' charges.
The Contractor further agrees that the examination of records outlined in this article shall be included in all subcontractor or third-party agreements.
ARTICLE 13: RETENTION OF RECORDS
The Contractor and its subcontractors shall maintain all records pertinent to this Agreement, and all other financial, statistical, property, participant records, and supporting documentation for a period of no less than seven (7) years from the later of the date of acceptance of the final payment or until all audit findings have been resolved. If any litigation, claim, negotiation, audit or other action involving the records has been started before the expiration of the retention period, the records shall be retained until completion of the action and resolution of all issues which arise from it, or until the end of the seven (7) years, whichever is later, and until any outstanding litigation, audit, or claim has been fully resolved.
ARTICLE 14: CHANGES AND AMENDMENTS
A. Any alterations, additions, or deletions to the terms of this Agreement, which are required by changes in federal or state law or by regulations, are automatically incorporated without written amendment hereto, and shall become effective on the date designated by such law or by regulation.
B. To ensure the legal and effective performance of this Agreement, both parties agree that any amendment that affects the performance under this Agreement must be mutually agreed upon and that all such amendments must be in writing. After a period of no less than 30 days subsequent to written notice, unless sooner implementation is required by law, such amendments shall have the effect of qualifying the terms of this Agreement and shall be binding upon the parties as if written herein.
ARTICLE 15: TERMINATION PROCEDURES
The Contractor acknowledges that this Agreement may be terminated for Convenience or Default.
A. Convenience
H-GAC may terminate this Agreement at any time, in whole or in part, with or without cause, whenever H-GAC determines that for any reason such termination is in the best interest of HGAC, by providing written notice by certified mail to the Contractor. Upon receipt of notice of termination, all services hereunder of the Contractor and its employees and subcontractors shall cease to the extent specified in the notice of termination.
The Contractor may cancel or terminate this Agreement upon submission of thirty (30) days written notice, presented to H-GAC via certified mail. The Contractor may not give notice of cancellation after it has received notice of default from H-GAC.
B. Default
H-GAC may, by written notice of default to the Contractor, terminate the whole or any part of the Agreement, in any one of the following circumstances:
(1) lf the Contractor fails to perform the services herein specified within the time specified herein or any extension thereof; or
(2) If the Contractor fails to perform any of the other provisions of this Agreement for any reason whatsoever, or so fails to make progress or otherwise violates the Agreements that completion of services herein specified within the Agreement term is significantly endangered, and in either of these two instances does not cure such failure within a period often (10) days (or such longer period of time as may be authorized by H-GAC in writing) after receiving written notice by certified mail of default from H-GAC.
ARTICLE 16: SEVERABILITY
H-GAC and Contractor agree that should any provision of this Agreement be determined to be invalid or unenforceable, such determination shall not affect any other term of this Agreement, which shall continue in full force and effect.
ARTICLE 17: FORCE MAJEURE
To the extent that either party to this Agreement shall be wholly or partially prevented from the performance of any obligation or duty placed on such party by reason of or through strikes, stoppage of labor, riot, fire, flood, acts of war, insurrection, accident, order of any court, act of God, or specific cause reasonably beyond the party's control and not attributable to its neglect or nonfeasance, in such event, the time for the performance of such obligation or duty shall be suspended until such disability to perform is removed. Determination of force majeure shall rest solely with H-GAC.
ARTICLE 18: CONFLICT OF INTEREST
No officer, member or employee of the Contractor or subcontractor, no member of the governing body of the Contractor, and no other public officials of the Contractor who exercise any functions or responsibilities in the review or Contractor approval of this Agreement, shall participate in any decision relating to this Agreement which affects his or her personal interest, or shall have any personal or pecuniary interest, direct or indirect, in this Agreement.
ARTICLE 19: FEDERAL COMPLIANCE
Contractor agrees to comply with all federal statutes relating to nondiscrimination, labor standards, and environmental compliance. Additionally, for work to be performed under the Agreement or subcontract thereof, including procurement of materials or leases of equipment, Contractor shall notify each potential subcontractor or supplier of the Contractor's federal compliance obligations. These may include, but are not limited to: (a) Title VI of the Civil Rights Act of 1964 (P.L. 88-352) which prohibits discrimination on the basis of race, color or national origin; (b) Title IX of the Education Amendments of 1972, as amended (20 U.S.C. §§ 1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex; (c) the Fair Labor Standards Act of 1938 (29 USC 676 et. seq.), (d) Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. § 794), which prohibits discrimination on the basis of handicaps and the Americans with Disabilities Act of 1990; (e) the Age Discrimination in Employment Act of 1967 (29 USC 621 et. seq.) and the Age Discrimination Act of 1974, as amended (42 U.S.C. §§ 6101-6107), which prohibits discrimination on the basis of age; (f) the Drug Abuse Office and Treatment Act of 1972 (P.L. 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; (g) the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (P.L. 91-616), as amended, relating to the nondiscrimination on the basis of alcohol abuse or alcoholism; (h) §§ 523 and 527 of the Public Health Service Act of 1912 (42 U.S.C. 290 dd-3 and 290 ee3), as amended, relating to confidentiality of alcohol and drug abuse patient records; (i) Title VIII of the Civil Rights Act of 1968 (42 U.S.C. § 3601 et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; (j) any other nondiscrimination provisions in any specific statute(s)
applicable to any Federal funding for this Agreement; (k) the requirements of any other nondiscrimination statute(s) which may apply to this Agreement; (l) applicable provisions of the Clean Air Act (42 U.S.C. §7401 et seq.), the Federal Water Pollution Control Act, as amended (33 U.S.C. §1251 et seq.), Section 508 of the Clean Water Act (33 U.S.C. 1368), Executive Order 11738, and the Environmental Protection Agency regulations at 40 CPR Part 15; (m) applicable provisions of the Davis- Bacon Act (40 U.S.C. 276a - 276a-7), the Copeland Act (40 U.S.C. 276c), and the Contract Work Hours and Safety Standards Act (40 U.S.C. 327-332), as set forth in Department of Labor Regulations at 20 CPR 5.5a; (n) the mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act (P.L. 94-163).
ARTICLE 20: CRIMINAL PROVISIONS AND SANCTIONS
The Contractor agrees to perform the Agreement in conformance with safeguards against fraud and abuse as set forth by the H-GAC, the State of Texas, and the acts and regulations of any related state or federal agency. The Contractor agrees to promptly notify H-GAC of any actual or suspected fraud, abuse, or other criminal activity through the filing of a written report within twenty-four (24) hours of knowledge thereof. Contractor shall notify H-GAC of any accident or incident requiring medical attention arising from its activities under this Agreement within twenty-four (24) hours of such occurrence. Theft or willful damage to property on loan to the Contractor from H-GAC, if any, shall be reported to local law enforcement agencies and H-GAC within two (2) hours of discovery of any such act.
The Contractor further agrees to cooperate fully with H-GAC, local law enforcement agencies, the State of Texas, the Federal Bureau of Investigation and any other duly authorized investigative unit, in carrying out a full investigation of all such incidents.
The Contractor shall notify H-GAC of the threat of lawsuit or of any actual suit filed against the Contractor pertaining to this Agreement or which would adversely affect the Contractor’s ability to perform services under this Agreement.
ARTICLE 21: INDEMNIFICATION AND RECOVERY
H-GAC’s liability under this Agreement, whether for breach of contract, warranty, negligence, strict liability, in tort or otherwise, is limited to its order processing charge. In no event will H-GAC be liable for any loss of use, loss of time, inconvenience, commercial loss, lost profits or savings or other incidental, special or consequential damages to the full extent such use may be disclaimed by law.
Contractor agrees, to the extent permitted by law, to defend and hold harmless H-GAC, its board members, officers, agents, officials, employees and indemnities from any and all claims, costs, expenses (including reasonable attorney fees), actions, causes of action, judgements, and liens arising as a result of Contractor’s negligent act or omission under this Agreement. Contractor shall notifiy H-GAC of the threat of lawsuit or of any actual suit filed against Contractor relating to this Agreement.
ARTICLE 22: LIMITATION OF CONTRACTOR’S LIABILITY
Except as specified in any separate writing between the Contractor and an END USER, Contractor’s total liability under this Agreement, whether for breach of contract, warranty, negligence, strict liability, in tort or otherwise, but excluding its obligation to indemnify H-GAC, is limited to the price of the particular products/services sold hereunder, and Contractor agrees either to refund the purchase price or to repair or replace product(s) that are not as warranted. In no event will Contractor be liable for any loss of use, loss of time, inconvenience, commercial loss, loss of profits or savings or other incidental, special or consequential damages to the full extent such use may be disclaimed by law.
Contractor understands and agrees that it shall be liable to repay and shall repay upon demand to
END USER any amounts determined by H-GAC, its independent auditors, or any agency of State or Federal government to have been paid in violation of the terms of this Agreement.
ARTICLE 23: TITLES NOT RESTRICTIVE
The titles assigned to the various Articles of this Agreement are for convenience only. Titles shall not be considered restrictive of the subject matter of any Article, or part of this Agreement.
ARTICLE 24: JOINT WORK PRODUCT
This Agreement is the joint work product of H-GAC and the Contractor. This Agreement has been negotiated by H-GAC and the Contractor and their respective counsel and shall be fairly interpreted in accordance with its terms and, in the event of any ambiguities, no inferences shall be drawn against any party.
ARTICLE 25: DISPUTES
All disputes concerning questions of fact or of law arising under this Agreement, which are not addressed within the Whole Agreement as defined pursuant to Article 4 hereof, shall be decided by the Executive Director of H-GAC or his designee, who shall reduce his decision to writing and provide notice thereof to the Contractor. The decision of the Executive Director or his designee shall be final and conclusive unless, within thirty (30) days from the date of receipt of such notice, the Contractor requests a rehearing from the Executive Director of H-GAC. In connection with any rehearing under this Article, the Contractor shall be afforded an opportunity to be heard and offer evidence in support of its position. The decision of the Executive Director after any such rehearing shall be final and conclusive. The Contractor may, if it elects to do so, appeal the final and conclusive decision of the Executive Director to a court of competent jurisdiction. Pending final decision of a dispute hereunder, the Contractor shall proceed diligently with the performance of the Agreement and in accordance with H- GAC's final decision.
ARTICLE 26: CHOICE OF LAW: VENUE
This Agreement shall be governed by the laws of the State of Texas. Venue and jurisdiction of any suit or cause of action arising under or in connection with the Agreement shall lie exclusively in Harris County, Texas. Disputes between END USER and Contractor are to be resolved in accordance with the law and venue rules of the state of purchase. Contractor shall immediately notify H-GAC of such disputes.
ARTICLE 27: ORDER OF PRIORITY
In the case of any conflict between or within this Agreement, the following order of priority shall be utilized: 1) General Provisions, 2) Special Provisions, 3) Scope of Work, and, 4) Other Attachments.
SIGNATURES:
H-GAC and the Contractor have read, agreed, and executed the whole Agreement as of the date first written above, as accepted by:
_________________________
Signature $docusign:SignHere::Customer1
Name
Title
Date $docusign:DateSigned::Customer1
H-GAC
Signature $docusign:SignHere::InternalSigner
Name Chuck Wemple
Title Executive Director
Date $docusign:DateSigned::InternalSigner
H-GAC
Houston-Galveston Area Council
P.O. Box 22777 · 3555 Timmons · Houston, Texas 77227-2777 Cooperative Agreement -
SPECIAL PROVISIONS
Incorporated by attachment, as part of the whole agreement, H-GAC and the Contractor do, hereby agree to the Special Provisions as follows:
ARTICLE 1: BIDS/PROPOSALS INCORPORATED
In addition to the whole Agreement, the following documents listed in order of priority are incorporated into the Agreement by reference: Bid/Proposal Specifications and Contractor’s Response to the Bid/Proposal.
ARTICLE 2: END USER AGREEMENTS (“EUA”)
H-GAC acknowledges that the END USER may choose to enter into an End User Agreement (“EUA) with the Contractor through this Agreement, and that the term of the EUA may exceed the term of the current H-GAC Agreement. H-GAC’s acknowledgement is not an endorsement or approval of the End User Agreement’s terms and conditions. Contractor agrees not to offer, agree to or accept from the END USER, any terms or conditions that conflict with those in Contractor’s Agreement with H-GAC. Contractor affirms that termination of its Agreement with H-GAC for any reason shall not result in the termination of any underlying EUA, which shall in each instance, continue pursuant to the EUA’s stated terms and duration. Pursuant to the terms of this Agreement, termination of this Agreement will disallow the Contractor from entering into any new EUA with END USERS. Applicable H-GAC order processing charges will be due and payable to H-GAC on any EUAs, surviving termination of this Agreement between H-GAC and Contractor.
ARTICLE 3: MOST FAVORED CUSTOMER CLAUSE
Contractor shall provide its most favorable pricing and terms to H-GAC. If at any time during this Agreement, Contractor develops a regularly followed standard procedure of entering into agreements with other governmental customers within the State of Texas, and offers the same or substantially the same products/services offered to H-GAC on a basis that provides prices, warranties, benefits, and or terms more favorable than those provided to H-GAC, Contractor shall notify H-GAC within ten (10) business days thereafter, and this Agreement shall be deemed to be automatically retroactively amended, to the effective date of Contractor’s most favorable past agreement with another entity. Contractor shall provide the same prices, warranties, benefits, or terms to H-GAC and its END USER as provided in its most favorable past agreement.
H-GAC shall have the right and option at any time to decline to accept any such change, in which case the amendment shall be deemed null and void. If Contractor claims that a more favorable price, warranty, benefit, or term that was charged or offered to another entity during the term of this Agreement, does not constitute more favorable treatment, than Contractor shall, within ten (10) business days, notify H-GAC in writing, setting forth the detailed reasons Contractor believes the aforesaid offer is not in fact most favored treatment.
H-GAC, after due consideration of Contractor’s written explanation, may decline to accept such explanation and thereupon this Agreement between H-GAC and Contractor shall be automatically amended, effective retroactively, to the effective date of the most favored agreement, to provide the same prices, warranties,
benefits, or terms to H-GAC and the END USER.
EXCEPTION: This clause shall not be applicable to prices and price adjustments offered by a bidder, Proposer or contractor, which are not within bidder's/proposer’s control [example; a manufacturer's bid concession], or to any prices offered to the Federal Government and its agencies.
ARTICLE 4: PARTY LIABILITY
Contractor’s total liability under this Agreement, whether for breach of contract, warranty, negligence, strict liability, in tort or otherwise, is limited to the price of the particular products/services sold hereunder.
Contractor agrees either to refund the purchase price or to repair or replace product(s) that are not as warranted.
Contractor accepts liability to repay, and shall repay upon demand to END USER, any amounts determined by H-GAC, its independent auditors, or any state or federal agency, to have been paid in violation of the terms of this Agreement.
ARTICLE 5: GOVERNING LAW & VENUE
Contractor and H-GAC agree that Contractor will make every reasonable effort to resolve disputes the END USER in accord with the law and venue rules of the state of purchase. Contractor shall immediately notify HGAC of such disputes.
ARTICLE 6: SALES AND ORDER PROCESSING CHARGE
Contractor shall sell its products to END USERS based on the pricing and terms of this Agreement. H-GAC will invoice Contractor for the applicable order processing charge when H-GAC receives notification of an END USER order. Contractor shall remit to H-GAC the full amount of the applicable order processing charge, after delivery of any product or service and subsequent END USER acceptance. Payment of the Order Processing Charge shall be remitted from Contractor to H-GAC, within thirty (30) calendar days or ten (10) business days after receipt of an END USER’s payment, whichever comes first, notwithstanding Contractor’s receipt of invoice. For sales made by Contractor based on this Agreement, including sales to entities without Interlocal Agreements, Contractor shall pay the applicable order processing charges to H-GAC. Further, Contractor agrees to encourage entities who are not members of H-GAC’s Cooperative Purchasing Program to execute an H-GAC Interlocal Agreement. H-GAC reserves the right to take appropriate actions including, but not limited to, Agreement termination if Contractor fails to promptly remit the appropriate order processing charge to H-GAC. In no event shall H-GAC have any liability to Contractor for any goods or services an END USER procures from Contractor. At all times, Contractor shall remain liable to pay to H-GAC any order processing charges on any portion of the Agreement actually performed, and for which compensation was received by Contractor.
ARTICLE 7: LIQUIDATED DAMAGES
Contractor and H-GAC agree that Contractor shall cooperate with the END USER at the time an END USER purchase order is placed, to determine terms for any liquidated damages.
ARTICLE 8: INSURANCE
Unless otherwise stipulated in Section B of the Bid/Proposal Specifications, Contractor must have the following insurance and coverage minimums:
a. General liability insurance with a Single Occurrence limit of at least $1,000,000.00, and a General
Aggregate limit of at least two times the Single Occurrence limit.
Product liability insurance with a Single Occurrence limit of at least $1,000,000.00, and a General Aggregate limit of at least two times the Single Occurrence limit for all Products except Automotive Fire Apparatus. For Automotive Fire Apparatus, see Section B of the Bid/Proposal Specifications.
Property Damage or Destruction insurance is required for coverage of End User owned equipment while in Contractor's possession, custody or control. The minimum Single Occurrence limit is $500,000.00 and the General Aggregate limit must be at least two times the Single Occurrence limit. This insurance may be carried in several ways, e.g. under an Inland Marine policy, as art of Automobile coverage, or under a Garage Keepers policy. In any event, this coverage must be specifically and clearly listed on insurance certificate(s) submitted to H-GAC. b. Insurance coverage shall be in effect for the length of any contract made pursuant to the Bid/Proposal, and for any extensions thereof, plus the number of days/months required to deliver any outstanding order after the close of the contract period.
c. Original Insurance Certificates must be furnished to H-GAC on request, showing Contractor as the insured and showing coverage and limits for the insurances listed above. d. If any Product(s) or Service(s) will be provided by parties other than Contractor, all such parties are required to carry the minimum insurance coverages specified herein, and if requested by H-GAC, a separate insurance certificate must be submitted for each such party. e. H-GAC reserves the right to contact insurance underwriters to confirm policy and certificate issuance and document accuracy.
ARTICLE 9: PERFORMANCE AND PAYMENT BONDS FOR INDIVIDUAL ORDERS H-GAC’s contractual requirements DO NOT include a Performance & Payment Bond (PPB); therefore, Contractor shall offer pricing that reflects this cost savings. Contractor shall remain prepared to offer a PPB to cover any order if so requested by the END USER. Contractor shall quote a price to END USER for provision of any requested PPB, and agrees to furnish the PPB within ten business (10) days of receipt of END USER's purchase order.
ARTICLE 10: CHANGE OF STATUS
Contractor shall immediately notify H-GAC, in writing, of ANY change in ownership, control, dealership/franchisee status, Motor Vehicle license status, or name. Contractor shall offer written guidance to advise H-GAC if this Agreement shall be affected in any way by such change. H-GAC shall have the right to determine whether or not such change is acceptable, and to determine what action shall be warranted, up to and including cancellation of Agreement.
ARTICLE 11: TEXAS MOTOR VEHICLE BOARD LICENSING
All that deal in motor vehicles shall maintain current licenses that are required by the Texas Motor Vehicle Commission Code. If at any time during this Agreement term, any required Contractor license is denied, revoked, or not renewed, Contractor shall be in default of this Agreement, unless the Texas Motor Vehicle
Board issues a stay or waiver. Contractor shall promptly provide copies of all current applicable Texas Motor Vehicle Board documentation to H-GAC upon request.
EMERGENCY MEDICAL AND RESCUE EQUIPMENT
Background
H-GAC received and opened twenty-one competitive bids for Emergency Medical and Rescue Equipment on April 4, 2019. The following companies submitted bids.
AED One-Stop Shop Albuquerque, NM
Avon Protection Systems, Inc. Belcamp, MD
Casco Industries, Incorporated.* Shreveport, LA
Daco Fire Equipment Haltom City, TX
Draeger, Inc.* Houston, TX
E.D. Bullard dba Bullard Lexington, KY
EagelAir, Inc* Greensboro, NC
Equipment Management Company* Channahon, IL
Fire-Dex, LLC * Medina, OH
Fisher Scientific Company LLC Tampa, FL
Grace Industries, Inc. Fredonia, PA
Holmatro, Inc. * Glen Burnie, MD
Innotex Corp* Ohatchee, AL
Innovative Rescue Systems LLC dba Amkus
Rescue Systems
Valparaiso, IN
Interspiro, Inc. Pleasant Prairie, WI
JETS Fire & Safety Inc. dba Delta Industrial
Service & Supply
Port Neches, TX
Metro Fire Apparatus Specialists, Inc. Houston, TX
Municipal Emergency Services Inc. Houston, TX
North America Fire Equipment Co., Inc. dba
NAFECO
Decatur, AL
Scott Technologies Inc. dba Scott Safety Monroe, NC
Sterlington Medical Mdd Marketing Inc. dba
Sterlington Medical
Houston, TX
*Joint Bid
Current Situation
All bid responses have been evaluated by H-GAC staff. Twenty bids (consisting of fifty-six vendors) are being recommended for award. Draeger, Inc. was not awarded because they were not the lowest responsible bid. Request authorization of contracts with the lowest responsible bidders for product items as summarized in the Award Recommendation Table and, as may be applicable, to extend contract assignments to other authorized entities during the contract period.
If an awarded bidder fails to execute a contract within forty-five days, fails to maintain required licenses, or is determined to be ineligible, authorization is requested to contract with the next lowest responsible bidder.
Funding Source: Participating local government purchases Budgeted: NA
Action Requested
Request authorization of contracts with the lowest responsible bidders for Emergency Medical and Rescue Equipment.
EE08-19 Award Recommendation Table
H-GAC Product Code Recommended Bidder
Defibrillators
EE19A41, EE19B41, EE19D31 AED One-Stop Shop
EE19A11, EE19A21, EE19A31,
EE19A61, EE19A71, EE19B11,
EE19B21, EE19B31, EE19B61,
EE19C11, EE19C21, EE19C31,
EE19C41, EE19C61, EE19C71,
EE19D41, EE19D61, EE19D71,
EE19E21, EE19E31, EE19E61,
EE19F61, EE19F91
Sterlington Medical Mdd Marketing Inc. dba Sterlington Medical Rescue Equipment
Self-Contained Breathing Apparatus
EE19AAA North America Fire Equipment Co., Inc. dba NAFECO EE19ABA Avon Protection Systems, Inc.
EE19ACA Casco Industries, Incorporated; MSA Safety Incorporated dba MSA Safety Sales, LLC
EE19ADA
Scott Technologies Inc. dba Scott Safety; AAA Emergency Supply Co., Inc.; Atlantic Emergency Solutions, Inc.; Cascade Fire & Safety dba Cascade Fire Equipment Corp.; Ultimate Safety Concepts, Inc. dba Clareys’s Safety Equipment; Ed M. Feld Equipment Co., Inc. dba Feld Fire and Feld Security; Emergency Equipment Professionals, Inc. dba EEP; Firefighter One LLC; Fisher Scientific Company, LLC; Halvorson Fire Protection dba Dakota Fire Extinguishers; Industrial Protection Services, LLC; Jefferson Fire & Safety, Inc.; Metro Fire Apparatus Specialists, Inc.; Action Fire Apparatus Company, Inc. dba New Jersey Fire Equipment Company; Leo M. Ellebracht Company; Finley Fire Equipment Company; Mid Atlantic Fire And Air Corporation; Premier Fire Equipment LLC
EE19AEA Interspiro, Inc.
EE19AFA North America Fire Equipment Co., Inc. dba NAFECO Spreaders
EE19BAA Equipment Management Company; Atlantic Emergency Solutions, Inc.
EE19BBA Innovative Rescue Systems LLC dba Amkus Rescue Systems EE19BCA
Holmatro, Inc.; G & W Diesel Service Inc. dba EVS Emergency Vehicle Specialists; Georgia Fire and Rescue Supply; Metro Fire Apparatus Specialists, Inc.; North America Fire Equipment Co., Inc. dba NAFECO
EE19BDA- EE19BDD Municipal Emergency Services, Inc.
Cutters
EE19CAA Equipment Management Company; Atlantic Emergency Solutions, Inc.
EE19CBA Innovative Rescue Systems LLC dba Amkus Rescue Systems EE19CCA
Holmatro, Inc.; G & W Diesel Service Inc. dba EVS Emergency Vehicle Specialists; Georgia Fire and Rescue Supply; Metro Fire Apparatus Specialists, Inc.; North America Fire Equipment Co., Inc. dba NAFECO
EE19CDA-EE19CDD Municipal Emergency Services, Inc.
Combination Spreader/Cutter Tools
EE19DAA Equipment Management Company; Atlantic Emergency Solutions, Inc.
EE19DBA Innovative Rescue Systems LLC dba Amkus Rescue Systems EE19DCA
Holmatro, Inc.; G & W Diesel Service Inc. dba EVS Emergency Vehicle Specialists ; Georgia Fire and Rescue Supply; Metro Fire Apparatus Specialists, Inc.; North America Fire Equipment Co., Inc. dba NAFECO
EE19DDA-EE19DDD Municipal Emergency Services, Inc.
Rams
EE19EAA Equipment Management Company; Atlantic Emergency Solutions, Inc.
EE19EBA Innovative Rescue Systems LLC dba Amkus Rescue Systems EE19ECA
Holmatro, Inc.; G & W Diesel Service Inc. dba EVS Emergency Vehicle Specialists ; Georgia Fire and Rescue Supply; Metro Fire Apparatus Specialists, Inc.; North America Fire Equipment Co., Inc. dba NAFECO
EE19EDA- EE19EDD Municipal Emergency Services, Inc.
Stabilization/Shoring Struts
EE19FAA Equipment Management Company; Atlantic Emergency Solutions, Inc.
EE19FBA
Holmatro, Inc.; G & W Diesel Service Inc. dba EVS Emergency Vehicle Specialists ; Georgia Fire and Rescue Supply; Metro Fire Apparatus Specialists, Inc.; North America Fire Equipment Co., Inc. dba NAFECO
EE19FCA Metro Fire Apparatus Specialists, Inc.
EE19FDA Municipal Emergency Services, Inc
EE19FFA Innovative Rescue Systems LLC dba Amkus Rescue Systems Air Lift Rescue Bags
EE19GAA Equipment Management Company; Atlantic Emergency Solutions, Inc.
EE19GBA
Holmatro, Inc.; G & W Diesel Service Inc. dba EVS Emergency Vehicle Specialists; Georgia Fire and Rescue Supply; Metro Fire Apparatus Specialists, Inc.; North America Fire Equipment Co., Inc. dba NAFECO
EE19GCA Municipal Emergency Services, Inc
EE19GDA Metro Fire Apparatus Specialists, Inc.
Hand-Held Thermal Imaging Equipment
EE19HAA E.D. Bullard dba Bullard
EE19HBA North America Fire Equipment Co., Inc. dba NAFECO EE19HCA
Scott Technologies Inc. dba Scott Safety; AAA Emergency Supply Co., Inc.; Atlantic Emergency Solutions, Inc.; Cascade Fire & Safety dba Cascade Fire Equipment Corp.; Ultimate Safety Concepts, Inc. dba Clareys’s Safety Equipment; Ed M. Feld Equipment Co., Inc. dba Feld Fire and Feld Security; Emergency Equipment Professionals, Inc. dba EEP; Firefighter One LLC; Fisher Scientific Company, LLC; Halvorson Fire Protection dba Dakota Fire Extinguishers; Industrial Protection Services, LLC; Jefferson Fire & Safety, Inc.; Metro Fire Apparatus Specialists, Inc.; Action Fire Apparatus Company, Inc. dba New Jersey Fire Equipment Company; Leo M. Ellebracht Company; Finley Fire Equipment Company; Mid Atlantic Fire And Air Corporation; Premier Fire Equipment LLC
EE19HDA Casco Industries, Incorporated; MSA Safety Incorporated dba MSA Safety Sales, LLC
EE19HEA JETS Fire & Safety Inc. dba Delta Industrial Service & Supply EE19HFA North America Fire Equipment Co., Inc. dba NAFECO Fire Rescue Saws
EE19IAA Municipal Emergency Services, Inc
EE19IBA Daco Fire Equipment
EE19ICA, EE19IDA, EE19IEA,
EE19IFA Metro Fire Apparatus Specialists, Inc.
Electronic Personnel Accountability System (Stand-Alone) EE19JAA Grace Industries, Inc.
Breathing Air Systems
EE19KAA
Scott Technologies Inc. dba Scott Safety; AAA Emergency Supply Co., Inc.; Atlantic Emergency Solutions, Inc.; Cascade Fire & Safety dba Cascade Fire Equipment Corp.; Ultimate Safety Concepts, Inc. dba Clareys’s Safety Equipment; Ed M. Feld Equipment Co., Inc. dba Feld Fire and Feld Security; Emergency Equipment Professionals, Inc. dba EEP; Firefighter One LLC; Fisher Scientific Company, LLC; Halvorson Fire Protection dba Dakota Fire Extinguishers; Industrial Protection Services, LLC; Jefferson Fire & Safety, Inc.; Metro Fire Apparatus Specialists, Inc.; Action Fire Apparatus Company, Inc. dba New Jersey Fire Equipment Company; Leo M. Ellebracht Company; Finley Fire Equipment Company; Mid Atlantic Fire And Air Corporation; Premier Fire Equipment LLC
EE19KCA Daco Fire Equipment
EE19KDA EagleAir, Inc.; JETS Fire & Safety Inc. dba Delta Industrial Service & Supply; North America Fire Equipment Co., Inc. dba NAFECO EE19KEA Metro Fire Apparatus Specialists, Inc.
Bunker/Wildland Rescue Gear
EE19LAA, EE19LAB, EE19LAE,
EE19LQA, EE19LRA North America Fire Equipment Co., Inc. dba NAFECO EE19LAC, EE19LAF, EE19LMA,
EE19LOA, EE19LPA, EE19LTA Daco Fire Equipment
EE19LBA-EE19LBF JETS Fire & Safety Inc. dba Delta Industrial Service & Supply EE19LCA, EE19LJA, EE19LKA
Fire-Dex, LLC; C.W. Williams and Company, LLC; Firefighter One LLC; Interstate Rescue, LLC; Municipal Emergency Services Inc., G & W Diesel Service Inc. dba EVS Emergency Vehicle Specialists; Hayden and Company; Metro Fire Apparatus Specialists, Inc.
EE19LCB, EE19LEA Municipal Emergency Services Inc
EE19LDA, EE19LFA-EE19LGA,
EE19LIA, EE19LVA
Casco Industries, Incorporated; MSA Safety Incorporated dba MSA Safety Sales, LLC
EE19LHA-EE19LHC, EE19LSA Metro Fire Apparatus Specialists, Inc.
EE19LLA Innotex Corp; Cascade Fire Equipment Company; Dooley Tackaberry, Inc.; Emergency Equipment Professionals, Inc.; Fisher Scientific Company, LLC
EE19LNA E.D. Bullard dba Bullard
EE19LUA Fisher Scientific Company, LLC