13.8 NO THIRD-PARTY RIGHTS
Nothing contained in the Contract Documents is intended to make any person or entity who is not a signatory to the Purchase Agreement a third-party beneficiary of any right created by the Contract Documents or by operation of Applicable Laws.
13.9 SEVERABILITY
Should any part, term, portion or provision of the Contract Documents, or the application thereof to any party or circumstance, be held to be illegal, invalid or in conflict with any Applicable Laws, or otherwise be rendered unenforceable or ineffectual, the validity of the remaining parts, terms, portions or provisions, or the application thereof to any party or circumstances, shall be deemed severable and the same shall remain enforceable and valid to the fullest extent permitted by Applicable Laws.
13.10 PROVISIONS REQUIRED BY APPLICABLE LAWS
Each and every provision of law and clause required by Applicable Laws to be inserted in the Purchase Agreement or other Contract Documents shall be deemed to be inserted in the Purchase Agreement and the Contract Documents shall be read and enforced as though it were included herein, and if through mistake or otherwise any such provision is not inserted or if inserted and requires correction, then upon request of either party these Purchase Agreement shall forthwith be amended by the parties to the Purchase Agreement to make such insertion or correction.
13.11 CONFLICTS OF INTERESTS
Supplier agrees not to accept any employment or representation which will, is or likely to, make Supplier "financially interested" (as provided in California Government Code Sections 1090 and 87100) in any decision made by the College or District on any matter in connection with which Supplier has been retained.
13.12 SURVIVAL
All provisions of the Contract Documents that either expressly, or by their nature, require performance or assumption by Supplier of an obligation that extends beyond the Term of the Purchase Agreement, or beyond termination of the Purchase Agreement or completion of performance by Supplier of an Order or other performance under the Contract Documents, including, without limitation, Supplier’s obligations of, or relating to, indemnification, insurance, confidentiality, ownership of documents, review, audit and retention of books and records, warranties and guaranties, and dispute resolution shall be deemed to survive expiration of the Term, termination of the Purchase Agreement and/or completion of performance by Supplier.
13.13 FEDERAL GRANTS
In the event of a federal grant or other federal financing participation in the funding of the purchases of the Goods, Supplier shall permit access to and grant the right to examine its books covering its services performed and expenses incurred under the Purchase Agreement or other Contract Documents. Supplier shall comply with all applicable federal agency requirements including, without limitation, those pertaining to work hours, overtime compensation, nondiscrimination, and contingent fees.
13.14 PROHIBITED INTERESTS AND GRATUITIES
No official or employee of District who is authorized in such capacity and on behalf of District to negotiate, make, accept, or approve, or to take part in negotiating, making, accepting or approving any contract or any subcontract in connection with the purchase of the Goods, shall become directly or indirectly interested financially in the Purchase Agreement, any Order or in any part thereof. No officer, employee, architect, attorney, engineer or inspector of or for District who is authorized in such capacity and on behalf of District to exercise any executive, supervisory or other similar functions in connection with the Purchase Agreement shall become directly or indirectly interested financially in the Purchase Agreement, any Order or in any part thereof. Supplier shall receive no compensation and shall repay District for any compensation received by Supplier hereunder, should Supplier or any of the Sub-Suppliers aid, abet or knowingly participate in a violation of this Paragraph 13.14. Supplier warrants that no gratuities (in the form of entertainment, trips District-wide Procurement Purchase Agreement
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or otherwise) were offered or given by Supplier, or any agent or representative of Supplier, to any officer or employee of District with a view toward securing the Purchase Agreement, any Order or securing favorable treatment with respect to any determinations concerning performance under the Purchase Agreement or any Order. For breach or violation of this warranty and without limitation to District’s other rights or remedies Applicable Laws, District shall have the right to terminate for cause the Purchase Agreement or any Order, either in whole or in part.
13.15 ASSIGNMENT OF ANTI-TRUST ACTIONS
Supplier offers and agrees to assign to District all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act, (15 U.S.C. Sec. 15) or under the Cartwright Act (Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services, or materials pursuant to the Purchase Agreement. This assignment shall be made and become effective at the without further acknowledgement by the parties.
13.16 CONFIDENTIALITY
Supplier shall treat all information and data furnished to it by a College, the Program Manager, the College Project Director, District, a Design Consultant, a District Consultant or a Separate Contractor, or otherwise obtained or prepared by Supplier concerning the subject matter of the Purchase Agreement or any Order, as strictly confidential and shall not disclose any of the same to any other person or entity unless required to do so in connection with Supplier's performance of the Purchase Agreement or an Order or in connection with filings or applications submitted to Governmental Authorities. Supplier’s obligation of confidentiality hereunder shall not apply: (1) to information which is in the public domain through no action or inaction of Supplier; or (2) to Proprietary Information that was in the possession of Supplier prior to its preparing its Bid entirely independent of its rights, duties or obligations under the terms of the Contract Documents, or (3) if, but only to the extent that, any other provision of the Contract Documents expressly states that Supplier’s obligation of confidentiality shall not apply. Supplier shall not engage in or permit any public references or statements to the Purchase Agreement, Orders, the Colleges, District or to Supplier's obligations or performance, including, without limitation, referring to the same in advertising or promotional brochures or materials or granting interviews to broadcast, print or other media, without the prior written consent of District, which may be granted or withheld in the sole discretion of District. Supplier shall instruct all of Supplier’s employees and the Sub-Suppliers of this obligation and shall be responsible for their full compliance with this Paragraph 13.16.
13.17 JOINT AND SEVERAL RESPONSIBILITY
If the Purchase Agreement is the result of a joint bid by more than one bidder, supplier, dealer or manufacturer, it shall be deemed one indivisible contract. Each such joint bidder, supplier, dealer or manufacturer will be deemed jointly and severally responsible and liable for the performance of the entire Purchase Agreement and any Order thereunder. District assumes no obligation for the division of purchases of Goods among joint bidders, suppliers, dealers or manufacturers.
13.18 NON-EXCLUSIVITY
The Purchase Agreement is non-exclusive and shall not in any way preclude District from entering into a similar agreement and/or arrangements with other suppliers or from acquiring similar, equal or like products, goods or services from other entities or sources.
13.19 ADEQUATE ASSURANCE OF PERFORMANCE
If at any time District in good faith and based on reasonable business concerns, has material concerns with respect to Supplier’s or a Sub-Supplier’s ability or intent to fully perform, then Supplier agrees to provide District with reasonable written assurance, fully satisfactory to District in District’s reasonable discretion, of Supplier’s ability to fully perform.
Such assurance shall be provided within the time and in the manner specified by District. Upon District’s good faith determination that Supplier cannot or will not perform, then District may deem the Purchase Agreement breached by Supplier, thereby entitling District to exercise its rights under Paragraph 14.1, below. Supplier shall notify District in writing if it believes that circumstances have arisen that are reasonably likely cause Supplier or Sub-Supplier to be unable to perform any material obligation of the Contract Documents.
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ARTICLE 14
REMEDIES FOR DEFAULT, TERMINATION, SUSPENSION
14.1 REMEDIES FOR SUPPLIER DEFAULT
14.1.1 Notice of Default. District shall have the right to exercise any or all of the remedies set forth in this Paragraph 14.1 in the event of any of the following: (1) Supplier is adjudged bankrupt; (2) Supplier makes a general assignment for the benefit of its creditors; (3) a receiver is appointed on account of Supplier’s insolvency; or (4) Supplier fails or refuses to perform any obligation set forth in the Purchase Agreement, an Order or the other Contract Documents and fails to cure such default in the manner required hereafter.
14.1.2 Opportunity to Cure. Supplier shall cure any default in performance of its obligations under the Contract Documents within three (3) Working Days after service of written notice of such default to Supplier asserting the occurrence of such default; provided, however, that if the breach cannot reasonably be cured within such time then Supplier shall commence to cure the breach within three (3) Working Days after service of such written notice and shall diligently and continuously prosecute such cure to completion within a reasonable time, not longer than thirty (30) Days after receipt of such written notice.
14.1.3 District's Rights and Remedies. In the event that Supplier fails to cure any of the defaults enumerated in Paragraph 14.1.1, above, within the applicable time periods set forth in Paragraph 14.1.2, above, then, while reserving all rights for Losses caused by such default, the following remedies, may be pursued:
.1 Perform and Withhold. Whether or not there is a termination of the Purchase Agreement or any Order, District may engage others to furnish any portion of the Goods that have not been furnished by Supplier or that are Defective Goods and withhold the cost thereof from future payments to Supplier, reserving to itself all rights to recover all Losses related thereto.
.2 Suspension of Purchase Agreement. District may suspend performance under the Purchase Agreement or any portion thereof.
.3 Suspension of Order. Whether or not there is a termination of the Purchase Agreement or any Order, District may suspend all or any portion of Supplier’s performance under an Order, for as long a period of time as appropriate, without thereby assuming any obligation to pay to Supplier any additional compensation or extend the Delivery Date of any Order affected thereby.
.4 Cancellation of Orders. Whether or not there is a termination of the Purchase Agreement, and without thereby incurring any liability or responsibility to Supplier and without releasing Supplier from its obligation to complete performance of any other Order that is not terminated, District may terminate for cause all or a part of any outstanding Order directly affected by such default, as well as any other outstanding Order that involves the purchase of Goods that, because of their relationship to the Goods covered by the terminated Order, are rendered substantially less useful or valuable to District as a result of such termination.
.5 Terminate Further Ordering. Whether or not there is a termination of the Purchase Agreement or any Order, District may order that Supplier accept no further Orders from District. .6 Terminate Purchase Agreement. District may terminate for cause the Purchase Agreement or any portion thereof.
.7 Rights Cumulative. All of District’s foregoing rights and remedies under the Contract Documents are cumulative, and shall be in addition to any other rights and remedies available under the Contract Documents or Applicable Laws.
.8 Materiality of Default. Designation in the Contract Documents of a certain breach or default as “material” or as affording e District the right to terminate shall not be construed as implying that other breaches or defaults not so designated are not material nor shall such designations be construed as limiting District’s rights or remedies for default (including, without limitation, termination) to only material breaches.
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.9 Recovery of Losses. No termination or other action taken by District, either before or after a termination of an Order or the Purchase Agreement, in response to a default by Supplier shall prejudice or limit District’s right to proceed against Supplier to recover all Losses suffered by District as a result of such default by Supplier.
14.1.4 Payment to Supplier. In the event of a termination of the Purchase Agreement or of an Order due to Supplier default, Supplier shall be entitled to receive such portion of the compensation as calculated in accordance with Paragraph 14.3.3, below, that remains, if any, after deduction for any Losses paid, incurred or threatened and reasonably likely to occur as a result of Supplier’s default. In the case of a termination of the Purchase Agreement by District, upon such termination all further payments by District shall cease and may be withheld and no further amount shall be payable to Supplier until all Claims relating to the Purchase Agreement and all Orders placed by District have been resolved or finally adjudged by a court or by binding arbitration conducted in accordance with the Contract Documents. In the case of a termination of an Order, upon such termination all further payments by District shall cease and may be withheld and no further amount shall be payable to Supplier until all Claims relating to said Order have been resolved or finally adjudged by a court or by binding arbitration conducted in accordance with the Contract Documents.
14.1.5 Damages to District. If District’s Losses paid, incurred or threatened and reasonably likely to occur as a result of Supplier’s default exceed the amount withheld, Supplier shall be liable to District for the difference and shall promptly remit same to District upon demand by District.
14.1.6 Supplier Obligations. Upon receipt by Supplier of a notice of termination for default, in whole or in part, of the Purchase Agreement or an Order, Supplier shall, unless the notice states otherwise, perform each of the following obligations:
.1 immediately discontinue performance to the extent specified in the notice of termination and continue all other performance;
.2 take all actions necessary, or that District may direct, for the protection and preservation of the Goods covered by Orders that have not been cancelled and that are in production or transit; .3 with respect to any Order that is terminated, provide to District directing such termination no later than three (3) Working Days after receipt of the notice of termination the following: (1) a complete list of all subcontracts, purchase orders and contracts with Sub-Suppliers who are involved in the performance of such Order, including any amendments and modifications thereto; (2) a summary of status of payments and balance owing under such subcontracts, purchase orders or contracts; (3) the status of performance and claims by such Sub-Suppliers; and (4) such other information as District may determine necessary in order to enable District to decide whether to accept assignment of the unperformed portions of such subcontracts, purchase orders or contracts pursuant to Paragraph 7.2, above; .4 with respect to any and all Orders that are terminated, promptly: (1) assign to District on whose behalf such Order was placed, or its designee, those subcontracts, purchase orders or contracts, or portions thereof, between Supplier and its Sub-Suppliers that District elects pursuant to Paragraph 7.2, above, to accept by assignment; and (2) cancel, on the most favorable terms reasonably possible, any such subcontracts, purchase orders or contracts, or portions thereof, that District does not elect to accept by assignment; .5 not terminate any insurance required by the Contract Documents; and .6 deliver to District all Design Documents and Contract Documents that relate to Orders that are being terminated and that have been accumulated by Supplier in performing its obligations under the Contract Documents, excepting therefrom only those documents as may pertain to an Order that has not been terminated.
14.1.7 Cross Default, Set Off. Supplier agrees that: (1) a default by Supplier of its obligations to District under an Order that is not cured by Supplier in the manner provided for by Paragraph 14.1.2, above, shall constitute a breach of the Purchase Agreement; (2) a material default by Supplier of any other agreement or contract between Supplier and District shall constitute a default by Supplier of its obligations under the Purchase Agreement thereby entitling District to exercise, without prior adjudication of District’s rights and without limitation to District’s other rights or remedies, the right of set-off against amounts owing by District to Supplier under any Order placed by District; and (3) a material default by Supplier of its obligations to District under the Purchase Agreement or in connection with any Order shall constitute a District-wide Procurement Purchase Agreement
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breach of each and every other agreement or contract that Supplier may then have with District thereby entitling District to exercise, without prior adjudication of its rights and without limitation to District’s other rights or remedies, the right of set-off against amounts owing by District to Supplier under such other agreement or contract.
14.2 SUSPENSION BY DISTRICT FOR CONVENIENCE
District may, at any time and from time to time, without cause, order Supplier, in writing, to suspend, delay or interrupt performance by Supplier, in whole or in part, of any Order. If a suspension order issued by District pursuant to this Paragraph 14.2 is canceled in writing or expires pursuant to its terms, Supplier shall resume and continue with performance. An suspension order issued by District pursuant to this Paragraph 14.2 shall not be required in order to stop the performance by Supplier where permitted or required under any other provision of the Contract Documents.
Under no circumstances shall the issuance of such a suspension order give rise to any right of Supplier to additional compensation or adjustment to the Purchase Price.
14.3 TERMINATION OF PURCHASE AGREEMENT FOR CONVENIENCE
14.3.1 Termination for Convenience. Without limitation upon any of District’s other rights or remedies under the Contract Documents or Applicable Laws (including, without limitation the right of cancellation of an Order) and without limiting the right of District to cancel an Order, District shall have the option, at its sole discretion and without cause, to terminate the Purchase Agreement, in whole or in part, by giving fourteen (14) Days' written notice to Supplier.
14.3.2 Supplier Obligations. Upon receipt of notice of termination by District of the Purchase Agreement for convenience pursuant to Paragraph 14.3.1, above, Supplier shall, unless such notice directs otherwise, do the following:
.1 immediately discontinue performance to the extent specified in the notice of termination; .2 take actions necessary, or that District may direct, for the protection and preservation of the Goods delivered or in transit;
.3 accept no further Orders for Goods, except as otherwise directed by District; .4 with respect to any Order that is terminated, provide to District directing such termination no later than three (3) Working Days after receipt of the notice of termination the following: (1) a complete list of all subcontracts, purchase orders and contracts with Sub-Suppliers who are involved in the performance of any Order, including any amendments and modifications thereto; (2) a summary of status of payments and balance owing under such subcontracts, purchase orders or contracts; (3) the status of performance and claims by such Sub-Suppliers; and (4) such other information as District may determine necessary in order to enable District to decide whether to accept assignment of the unperformed portions of such subcontracts, purchase orders or contracts pursuant to Paragraph 7.2, above; .5 with respect to any and all Orders that are terminated, promptly: (1) assign to District on whose behalf such Order was placed, or its designee, those subcontracts, purchase orders or contracts, or portions thereof, between Supplier and its Sub-Suppliers that District elects pursuant to Paragraph 7.2, above, to accept by assignment; and (2) cancel, on the most favorable terms reasonably possible, any such subcontracts, purchase orders or contracts, or portions thereof, that District does not elect to accept by assignment; .6 not terminate any insurance required by the Contract Documents; .7 thereafter continue such performance as may be directed by District that is necessary to preserve and protect the Goods already delivered or in the process of production pursuant to an outstanding Order issued by District; and
.8 deliver to District all Design Documents and Contract Documents that relate to the Orders that are being terminated that have been accumulated by Supplier in performing its obligations under the Contract Documents, excepting therefrom those documents as may pertain to any portion of an Order that is not terminated.
14.3.3 Supplier Compensation. Following such termination of this Purchase Agreement without cause and within thirty (30) Days after receipt of a complete and timely billing from Supplier seeking payment of sums authorized District-wide Procurement Purchase Agreement
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by this Paragraph 14.3.3, Supplier shall be entitled to receive as compensation for an Order that is terminated for the convenience of District the following compensation:
.1 the Purchase Price for the Order, or portion of an Order, which has not been cancelled; .2 less, sums withheld by District pursuant to Paragraph 10.2.1, above, or other provisions of the Contract Documents; and
.3 less, sums previously paid to Supplier by District.
14.3.4 Exclusive Compensation. In the event of a termination by District of the Purchase Agreement or any Order for convenience, Supplier agrees to accept such sums as allowed under Paragraph 14.3.3, above, as its sole and exclusive compensation and waives any claim for other compensation or Losses, including, without limitation, any right or claim for loss of prospective profits or unabsorbed overhead associated resulting from District’s failing to purchase Goods under the Purchase Agreement that meet or exceed the Guaranteed Minimum Contract Amount.
14.3.5 Sub-Suppliers. Supplier shall include provisions in all of its subcontracts, purchase orders and other contracts with its first-Tier Sub-Suppliers permitting termination for convenience by Supplier on terms that are consistent with, and that afford no greater rights of recovery against Supplier for termination than are afforded to Supplier under, this Paragraph 14.3.
14.4 TERMINATION BY SUPPLIER
14.4.1 Supplier's Remedies.
.1 Termination of Purchase Agreement. Supplier shall have no right to terminate the Purchase Agreement, including without limitation, on account of any default or material default by District. Supplier’s sole and exclusive right in the event of a default by District shall be its right to terminate an Order in accordance with Subparagraph 14.4.1.2, below.
.2 Termination of Orders. Provided that Supplier has first given written notice in accordance with Paragraph
14.4.2, below, Supplier may terminate an Order, for cause only, if Supplier’s performance of the Order under the Contract Documents is suspended by Supplier for a continuous period of sixty (60) Days due to a failure by District to comply with its obligations under the Contract Documents relating to payment of undisputed amounts due upon an Order. Such right to terminate an Order shall be limited to terminating only that particular Order for which payment has not been made by District.
14.4.2 Notice of Intention to Terminate. Upon the occurrence of grounds to terminate an Order, Supplier may upon seven (7) Days’ written notice to District terminate the Order. Following such termination, Supplier may recover from District such sums as permitted under Paragraph 14.3, above; provided, however, that such compensation shall be limited to the compensation due for the Goods for which Completed Delivery has been achieved under the terms of such terminated Order.
14.4.3 Continuous Performance. Provided that Supplier is paid sums due upon an Order that are undisputed by District, Supplier shall not: (1) stop, delay or interrupt continuous performance of its obligations by reason of any dispute or disagreement with District, including, without limitation, any disputes or disagreements over payments of money that are disputed in good faith by District; nor (2) stop, delay or interrupt performance under any Order placed by District.
14.4.4 Exclusive Right of Termination. Supplier’s right to terminate is limited to the grounds set forth in this Paragraph 14.4.
14.5 CONTINUING OBLIGATIONS
All obligations of Supplier under the Contract Documents that would survive completion of performance by Supplier under the Contract Documents, including, but not limited to, all warranties, guarantees and indemnities, will apply to the District-wide Procurement Purchase Agreement
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portions of the Goods that are delivered, stored or in transit at the time of a termination by District or Supplier and that District takes possession of upon or after such termination.
ARTICLE 15
NON-DISCRIMINATION
Non-discrimination is governed by the Non-Discrimination Declaration in the Bid Documents and submitted by the Supplier in response to the Bid. Supplier agrees to comply all District policies including but not limited to the Supplier shall not discriminate in the provision of services hereunder because of race, color, religion, national origin, ancestry, sex, age, sexual orientation, marital status, AIDS or disability, in accordance with the requirements of Applicable Laws.
ARTICLE 16
MANDATORY DISPUTE RESOLUTION PROCEDURES
The parties agree that in the event a dispute or claim arises in the performance of this Agreement, that the claimant shall provide written notice of such claim and the parties shall first attempt to meet in good faith and negotiate such dispute.
If the dispute cannot be resolved by such negotiations, then, prior to commencing litigation the parties shall submit the dispute to non-binding mediation. The parties shall mutually agree upon the selection of the mediator of any and all disputed claims. If the dispute remains unresolved after non-binding mediation, either party may initiate litigation.
ARTICLE 17
ACCESSIBILITY REQUIREMENTS
17.1 Accessibility Requirements. Vendor hereby warrants that the products and services to be provided under this Agreement will comply with the accessibility requirements of Section 508 of the Rehabilitation Act of 1973, as amended (29 U.S.C. Section 794d) and its implementing regulations set forth at Title 36, Code of Federal Regulations, parts 1193 and 1194. Vendor agrees to test and validate its product, and any related website or online content it produces, with sufficient regularity in order to ensure the product and associated content meet conformance with all applicable Revised 508 Standards and Web Content Accessibility Guidelines (WCAG) 2.1 Level AA standards (see https://www.w3.org/TR/WCAG21/), in accordance with the required testing methods. The vendor shall maintain and retain full documentation of the measures taken to ensure compliance with the applicable requirements stated above, including records of any testing or demonstrations conducted. Vendor shall provide the District with copies of all Accessibility Conformance Reports (ACR) and Supplemental Accessibility Conformity Reports (SACR) that are produced related to the product or service. Further, Vendor agrees to promptly respond to and fully resolve any complaint regarding accessibility of its products or services which is brought to its attention. All resolutions provided by the vendor in response to complaints regarding information and communications technology (ICT) accessibility of its product(s) shall meet conformance with established WCAG 2.1 Level AA requirements. Vendor further agrees to indemnify and hold harmless the Los Angeles Community College District, including any of its nine colleges using the vendor's products or services from any claim arising out of its failure to comply with the aforesaid requirements. Failure to comply with these requirements shall constitute a breach and be grounds termination of this Agreement. Throughout the life of the agreement, the District reserves the right to independently perform any necessary testing on vendor's product or service to verify conformance or any representation of conformance made by the vendor with this section.
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ARTICLE 18
ENUMERATION OF CONTRACT DOCUMENTS
18.1 LIST OF CONTRACT DOCUMENTS
The Contract Documents, except for Orders, issued after execution of this Purchase Agreement, include, without limitation, the following:
18.1.1 Purchase Agreement. The Purchase Agreement is this executed Purchase Agreement between District and Supplier for the Custodial Equipment and Supplies, including the following Exhibits attached hereto and incorporated herein by this reference:
.1 Exhibit “A” Minimum Performance & Service Requirements .2 Exhibit “B” Delivery Locations
.3 Exhibit “C” Bid Form
.4 Exhibit “D” Bid Sheet
.5 Exhibit “E” Bidder’s Questionnaire
.6 Exhibit “F” Authorized 3rd Party Service Provider
.7 Exhibit “G” Acknowledgement of Addenda
.8 Exhibit “H” Vendor Bid
.9 Exhibit “I” RFB and Addenda
Addenda. The Addenda, if any, are as follows:
Number Title DATE Pages
Portions of Addenda relating to bidding requirements are not part of the Contract Documents unless the bidding requirements are also enumerated in this Article 18.
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WHEREFORE, this Purchase Agreement is entered into as of the day and year first written above.
LOS ANGELES COMMUNITY «Firm_Name» SUPPLIER, a «Inc_State2»
COLLEGE DISTRICT
By: By:
Rueben C. Smith, D.C.Sc.
Title: Vice Chancellor & Chief Facilities Executive Name:
Title:
Date: Date:
Initial: Director of Bond Capital Construction
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[Vendor Bid will be inserted here after Award]
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[RFB and Addenda will be inserted here after Award]
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PP-04-09 BID PROTESTS AND APPEALS
I. OVERVIEW
It is the intent of the District to provide an efficient administrative process to bidders and proposers (including in the District’s Bond Program) that have participated in a competitive procurement process and believe that the intended award of a contract does not comply with the procurement’s terms, conditions, and/or applicable law.
This section also establishes the rules and procedures for vendors and/or suppliers to protest a recommended award resulting from requests for quotes, requests for qualifications, invitations for bids, requests for proposals and other formal procurements. (This section does not apply to non-competitive or informal purchases.) Bidders, proposers, vendors and suppliers are collectively referred to hereinafter as “Bidders.” The District previously had separate procedures for protests relating to Bond Program procurements and for non-Bond Program purchases. This procedure replaces both prior procedures, providing a single process for general procurements above the statutory bid threshold and for contracts procured through the Bond Program.
These procedures extend to bids that are deemed non-responsive and Bidders that are deemed to be non-responsible. Different rules and procedures apply to procurements below and above the statutory bid threshold.
Since most procurements below the statutory bid threshold are delegated to the colleges and procurement regions and are transacted informally, the corresponding protest procedures are abbreviated and college-based. Because procurements equal to or above the bid threshold are transacted in a more formal manner, with resulting contracts requiring approval from the Board of Trustees prior to award, the protest process is correspondingly more formal.
Compliance with these protest procedures is mandatory for all challenges to District awards. Bidders who do not strictly follow these procedures waive any right to challenge the contract award.
II. PROCESS
A. Procurements and purchases above statutory bid threshold
1. Application
This section applies to solicitations that are either (1) estimated to equal or exceed the statutory bid threshold or (2) issued by the Bond Program (Measures A, AA, CC, and/or J)
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2. Filing of protest
A Bidder that has timely submitted a bid to the District under a solicitation and wishes to file a protest against an intended award shall comply with the following:
a. Submit the protest in writing to either:
(i) If the solicitation was issued by the Bond Program, then to the Chief Facilities Executive at the District’s offices at 770 Wilshire Boulevard, Los Angeles, California
90017 (District Office), with a copy to the Program
Management Office, at 1055 Corporate Center Drive,
Monterey Park, CA 91754; or
(ii) If the solicitation was issued by District’s Procurement Unit, then to the Director of Business Services at the
District Office at 770 Wilshire Boulevard, Los Angeles, California 90017 .
(iii) If the solicitation was issued by the District’s Facilities Planning and Development Office, then to the Director
of Facilities Planning and Development at the District
Office at 770 Wilshire Boulevard, Los Angeles,
California 90017.
b. Protests must be received by the District within five (5) business days of notification to the Bidder in writing ofany of the following: 1) of the proposed award 2) that the bid is nonresponsive 3) that the bidder has been determined to be non-responsible or 4) that the bid has or will otherwise be rejected, whichever occurs earlier. In the event that there is no notification then the protest must be submitted within five (5) business days prior to the Board’s action approving the award.
(i) If District staff determines or intends to recommend that the Board determine a Bidder to be not responsible,
then the Bidder shall be given written notice containing the reason(s) for the proposed non-responsibility
finding prior to the award of the contract. If a bidder submits a protest of such a proposed non-responsibility finding and requests a hearing on the Bidder’s
responsibility, it must be submitted within five (5)
business days of such notice. District staff shall review any such protest and if a hearing is required, it shall be subject to the hearing procedures set forth in District Administrative Regulation B-29.
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c. The protest must state in writing the basis for the protest, all facts and information in support thereof, and the remedy sought. The protest must be signed under penalty of perjury under the laws of the State of California, and be accompanied by any documents that support the basis of theprotest.
d. The protest must include the e-mail address where further correspondence and notice regarding the protest shall be sent.
3. Initial action on protest
a. The Chief Facilities Executive or Director of Business Services (whichever is applicable to the procurement) must take one of the following actions within ten (10) business days of timely receipt of a protest:
(i) Cancel the notice of intended award and refer the
matter back the unit handling the procurement for
further action;
(ii) Cancel the procurement; or
(iii) Reject the protest.
b. Unless the Chief Facilities Executive or Director of Business Services extends to the time to take action, a failure to act within the time shall be deemed arejection of the protest at the close of business on the tenth business day.
c. The Chief Facilities Executive or Director of Business Services may, but shall not be obligated to, request additional information from the protestor or request a response or information from the intendedawardee prior to taking action on the protest, in which case the time for acting on the protest shall be extended to ten (10) business days from receipt of the requested information.
4. Appeal
a. If the action is to reject the protest, the protestor may file a written appeal within three (3) business days from notice of the rejection or the failure to take action on the protest. The appeal must be filed at the same location as the initial protest, and must clearly reference the underlying protest and the request for an appeal hearing.
DocuSign Envelope ID: 6201F12E-688D-42C2-8A51-E70D9DB7CFC6 -4-
b. At any time prior to the appeal hearing, the Chancellor may cancel the notice of intended award or refer the matter back the unit handling the solicitation for further proceedings or cancel the solicitation.
5. Appeal hearing
a. Notice of the hearing date and time and place of the appeal shall be given in writing within fifteen (15) business days from the date of receipt by the District of a timely written appeal. The hearing shall occur no earlier than five (5) business days after the date that notice of the hearing is given. b. The intended awardee shall also be given notice of the hearing and a copy of the protest and shall have the
opportunity to attend the hearing and to submit evidence prior to or at the hearing.
c. The hearing shall be set before either (1) a designated hearing officer, or (2) a standing committee or subcommittee of the Board (“Hearing Officer”). The designation of the Hearing Officer is within the discretion of the Chancellor. d. All evidence and testimony supporting the protest and appeal shall be provided at the hearing. The Hearing Officershall make a determination, which shall be forwarded to the Board. e. The Board may uphold or reject the protest or take any other action, in its sole discretion. The Board shall take action within 30 days of receiving the Hearing Officer’sdetermination.
B. Procurements below statutory bid threshold
1. Filing of protest
A Bidder that has submitted a quote or proposal to a college for an amount less than the statutory bid threshold who desires to protest an award must file a protest in writing to the Vice President of Administrative Services (“Vice President”) of the college to issue the procurement. The protest must be submitted within five (5) business days of notification of the proposed award, and the protest must state the basis for the protest and the remedy sought, and contain any documentation supporting the protest. If no notification of proposed award is given, then the protest must be submitted within five (5) business days of the award. The protest must be signed under penalty of perjury under the laws of the State of California.
Upon receipt of a protest, the Vice President will:
DocuSign Envelope ID: 6201F12E-688D-42C2-8A51-E70D9DB7CFC6 -5-
a. Notify the bidder recommended for award about the protest by providing a copy of the protest; and
b. Invite such bidder to submit to the Vice President and the protestor, within five (5) business days of receipt of the bid protest, any information in support of the award.
2. Determination of protest
The Vice President may deny or uphold the protest by issuing a written determination to the protestor and the proposed awardee.
Alternatively, the Vice President may declare the college’s intention to: (a) award to another supplier; (b) cancel the solicitation; or (c) take any other action that is appropriate and/or required by applicable law.An action to cancel the solicitation or otherwise not award thecontract will be deemed final and not subject to appeal.
3. Appeal
The protestor may, within five (5) business days of notice, appeal the decision in writing to the President of the college to whom the bid was submitted. The appeal shall include the same informationas required for the original protest. The determination of the appeal will be handled in the same manner as the protest. The College President’s decision on the appeal will be conveyed in writing and shall be final.
4. District Office transactions
If the protested transaction is for the District Office, the initial protest described above will be directed to the Director of Business Services and the appeal will be to the Deputy Chancellor, whose decision in the matter will be final. In the event the Deputy Chancellor position is vacant, the Chancellor may designate an alternate to handle the appeal. The procedures in this section shallalso govern the timing and determination of the protest.
III. TERMS AND CONDITIONS
1. Compliance with these protest procedures is mandatory and is a condition precedent to the filing of any court action. A protestor’s failure to raise an issue or basis for relief in the protest process shall be deemed a failure to exhaust its administrative remedies on that issue.
2. The filing of a California Public Records Act request will not extend the five (5) business day deadline within which a protest must be filed.
DocuSign Envelope ID: 6201F12E-688D-42C2-8A51-E70D9DB7CFC6 -6-
3. The filing of a protest will not automatically suspend an award. The District retains its discretion to move forward with the intended award as permitted by law. The District may, nonetheless, choose to suspend an intended award while a protest is pending.
4. Any protest filed after the required deadline will not be considered, except in the District’s sole discretion.
5. The District may in its sole discretion, but is not obligated to, notify any other Bidders about the institution of protest proceedings and/or allow any other Bidders to participate in the protest proceedings. Notification to a Bidder, or a Bidder’s actual participation in protest proceedings, shall not constitute a waiver of the District’s right to raise the defense that the Bidder failed to exhaust its administrative remedies by not filing a timely protest/appeal or otherwise complying with this procedure.
6. If any other public entity and/or authority provides funding to a specific procurement subject to this procedure, and mandates protest procedures different from those stated herein as a condition for providing such funding, then these Procedures may be modified to include such requirements, subject to the sole discretion of the District.
7. A true and accurate summary of the rules and procedures for filing a protest as described herein should be included in full or by reference in all requests for bids or requests for proposals and if not, is hereby deemed incorporated therein by reference.
DocuSign Envelope ID: 6201F12E-688D-42C2-8A51-E70D9DB7CFC6 Los Angeles Community Colleges
City • East • Harbor • Mission • Pierce • Southwest • Trade-Technical • Valley • West Administrative Offices
District-wide Procurement Addendum No. 01
Custodial Equipment and Supplies
FE-23-04-RFB Page 1 of 2
Addendum No. 01 to the Request for Bid (“RFB”)
Procurement Number: FE-23-04-RFB
Campus Name: District-wide
Procurement Title: Custodial Equipment and Supplies
Addendum Issuance Date: April 11, 2023
The following Addendum modifies the Request for Bid (“RFB”) for the above-referenced procurement. Bidder shall acknowledge receipt of this Addendum in its Bid.
REMOVE AND REPLACE
1. Remove existing Exhibit “A” – Minimum Performance and Service Requirements and replace with revised Exhibit “A” – Minimum Performance and Service Requirements, attached to Addendum No. 01; revised Item 3 on warranty requirements.
2. Remove existing Exhibit “C” – Bid Form and replace with revised Exhibit “C” – Bid Form, attached to Addendum No. 01; added approved substitute brand “Madvac” to Classification C: Sustainable Sweeping Machines and Accessories, Items 14 & 15.
SUBSTITUTION REQUESTS
3. Attached are all the requests for substitutions. The items that received granted requests for substitutions will be accepted as conforming Goods in addition to the specified items (2 pages).
BIDDERS’ QUESTIONS ARE ANSWERED
4. Answers to Bidders’ Questions:
Question
No. Question Answer
1 How long do prices need to be held? The bid is asking for discount off List Price, not a specific dollar value. However, proposed
Labor rates will be in effect for the entire
contract term of five (5) years.
2 Are price increases allowed during term? The bid is asking for discount off List Price, not a specific dollar value. However, proposed
Labor rates will be in effect for the entire
contract term of five (5) years.
3 Is the expiring contract accessible? This information is available through a Public Records Request. Please see the LACCD.EDU
website for instructions.
Los Angeles Community Colleges
City • East • Harbor • Mission • Pierce • Southwest • Trade-Technical • Valley • West Administrative Offices
District-wide Procurement Addendum No. 01
Custodial Equipment and Supplies
FE-23-04-RFB Page 2 of 2
Question
No. Question Answer
4 1. Why is classification B only listed as Tennant
equipment, yet there are several brands listed in
Classification B, Exhibit C?
Tennant is placed in its own Classification as
this brand is exclusive only to a few vendors.
5 How is freight to be charged for on
quotes/invoices? Freight varies and fluctuates
and, in some cases, can cost more than the item
ordered.
Freight is to be quoted as a separate line item
at the time of quote.
6 Not all manufacturers offer a 5 year parts and/or
labor warranty. In some cases, there is the
possibility of extending warranty at an additional
cost: is LACCD willing to pay the additional cost?
where applicable? a. If there is no extended
warranty available, will the District accept the
standard warranty? b. If the District is willing to
purchase an additional warranty, how should the
cost be listed on the quote/invoice?
A five (5) year warranty is preferred, however
we would accept a 1-2 year standard warranty
if that is all the manufacturer offers and if it is
clearly identified at the time of quote. We may
consider purchasing extended warranties at
the time of each quote request. See revised
Exhibit A – Minimum Performance and Service
Requirements, Item #3.
7 Attached are Substitution Requests for
consideration.
See Addendum No. 01.
8 Attached are Substitution Requests for
consideration.
See Addendum No. 01.
9 Under Exhibit A where manufacturer
requirements must carry warranty of 5 years
parts and 5 years labor minimum is not offered by
the manufacturers listed in Exhibit C. Please
advise if standard warranty's offered by each
manufacturer will suffice.
A five (5) year warranty is preferred, however
we would accept a 1-2 year standard warranty
if that is all the manufacturer offers and if it is
clearly identified at the time of quote. See
revised Exhibit A – Minimum Performance and
Service Requirements, Item #3.
End of Document
EXHIBIT A
MINIMUM PERFORMANCE AND SERVICE REQUIREMENTS
District-wide Procurement Minimum Performance and Service Requirements Custodial Equipment and Supplies Page 1 of 4
Procurement #FE-23-04-RFB
Listed below are the specific minimum performance and service requirements for the Custodial Equipment and Supplies Request for Bid (RFB). This form must be completed and submitted with the RFB. The completed form of the following Minimum Performance & Service Requirements must be executed where noted by a responsible and authorized employee or officer of the Supplier submitting the RFB. Each requirement includes a specific explanation of its value to the Colleges and District, and is considered mandatory to provide.
If a Supplier does not agree to all the requirements in this Exhibit, they may be found nonresponsive.
Criterion/
Category Item Requirement Justification
-AManufacturer
Requirements
1 All products submitted shall be of
Institutional and/or Industrial quality used
in demanding and harsh environments;
must be designed to provide up to fifteen
(15) useable life to the District.
Provides the District with the assurance that
the products will retain value and
performance while being used in a
demanding environment.
2 All products must be specifically designed
for a commercial (not residential or
occasional use) application.
Assures the District that no product that
cannot withstand the rigors of this
environment will be procured.
3 All products must carry a warranty
inclusive of parts (and labor) for at
least one (1) to five (5) years,
available through either the
Manufacturer or the Authorized
Servicing agency.
Reduces potential output of resources over
the life of the product and that the product
will remain in operation without expending
additional funds.
4 All products must be capable of being
maintained by locally trained and certified
personnel.
Assures the District that products will be
promptly serviced with minimal downtime.
5 All warranty documentation must be
provided in both soft and hard copies to
the District within ten (10) days of product
receipt. District may withhold invoice
payment if not received.
Ensures that proper documentation is
received in a timely manner by the District,
reducing potential loss of data.
6 All products will be considered FOB
Destination (the College purchasing the
equipment), as directed by the District,
with the Vendor managing all freight
claims following shipment from the
factory. Vendor will not invoice the
District for replacement of freightdamaged product regardless of future invoice credit potential.
Reduces labor costs for District to manage
additional paperwork for details that are
outside of their control, resulting in financial
savings.
EXHIBIT A
MINIMUM PERFORMANCE AND SERVICE REQUIREMENTS
District-wide Procurement Minimum Performance and Service Requirements Custodial Equipment and Supplies Page 2 of 4
Procurement #FE-23-04-RFB
Criterion/
Category Item Requirement Justification
-AManufacturer
Requirements
(cont’d)
7 Provide local manufacturer representation
(may be in addition to a dealer
representative) who will facilitate product
specification accuracy, technical
specifications for building interface,
project scheduling, shipment and
warranty issues with Service Provider.
Assures effective communication between
factory and District, which can save money
for the District during the project and in the
future; requires Vendor to produce adequate
documentations of technical requirements for
other project Vendors, reducing potential
mistakes or delays.
-BService
Requirements
1 Provide all technical information to the
Relocation Project Manager (RPM) in
electronic format in the timeframe
required by the project, including scope of
requirements by others necessary to
make product functional, and timing of
Purchase Orders.
Reduces the potential for product being
ordered at the wrong time, information being
lost or misplaced, proper coordination timing
for items attached to buildings, and allowing
data to be easily transmitted to other service
providers, as needed.
2 Vendor must inspect item(s) upon receipt
at vendor location, perform incidental
assembly, set in place, confirm operability
of all products, remove all packaging
materials, and manage freight claims, as
needed, to stay within agreed upon
schedule. Assume responsibility for site
damage, as needed. Communicate any
changes or concerns immediately in
writing with RPM.
Assures smooth delivery process of all
items; assures the District that all services
necessary to make the products function are
addressed.
3 Vendor must test provided item(s) for
operability, and adjust as required;
remove all packaging from site.
Confirms product viability at time of delivery,
reducing downtime.
4 Execute Punch List review of all
purchased items with RPM, and complete
Punch List items within seven (7)
business days, preferably prior to building
occupancy. All products must be
accounted for, and accepted in writing, by
RPM.
Assures District that all services necessary
to make the products functional for the
College have been addressed properly and
in a timely manner.
5 Assume all financial responsibility for
extra handling, storage or other required
services if the product arrives ahead of
identified project schedule. District
agrees to confirm the project schedule
and delivery timing no later than three (3)
weeks prior to target date.
Assures supplier ownership of
Manufacturers’ performance and project
success, reducing costs; sets realistic
expectations for communications between
the supplier and the District.
EXHIBIT A
MINIMUM PERFORMANCE AND SERVICE REQUIREMENTS
District-wide Procurement Minimum Performance and Service Requirements Custodial Equipment and Supplies Page 3 of 4
Procurement #FE-23-04-RFB
Criterion/
Category Item Requirement Justification
-BService
Requirements
(cont’d)
6 Vendor must provide one (1) free detailed
training on the operation of the units
provided to pre-determined College staff
following delivery.
Reduces the potential downtime for the
College due to unfamiliarity with new
equipment.
7 Respond to post-installation requirements
within forty-eight (48) hours of request,
and fulfill all replacement requirements
within seven (7) business days.
Reduces the potential downtime for the
College in cases of product malfunction or
warranty issues.
8 Provide project quotations, asset roll-ups,
and invoicing per District’s established
protocol. Vendor must accommodate
District requirements for Quotes, Invoice
Format, Timing, and other relevant order
details.
Reduce time delays for issuance of
Purchase Orders and expedites payment to
Vendor by reducing potential communication
issues.
9 All warranty documentation must be
provided in both soft and hard copies to
the District within ten (10) days of product
receipt. District may withhold invoice
payment if not received.
Reduces the potential for information not
being provided to the District.
10 Vendor agrees to provide the appropriate
material handling equipment – pallet
jacks, four and two-wheel dollies, etc. –
necessary for inside delivery of all
products.
Reduces costs to the College by reducing
additional staffing to move equipment into
the building.
11 Vendor agrees to deliver all products to
the location or building indicated by the
College representative. No deliveries are
to be off-loaded at the facilities
department without prior written consent
of the College.
NOTE: Addresses in Exhibit B – Delivery
Locations are for reference and logistic
considerations ONLY. The final delivery
location will be provided in an Order or by
the College representative.
Reduces cost to the Colleges by eliminating
College facilities involvement and redelivery.
EXHIBIT A
MINIMUM PERFORMANCE AND SERVICE REQUIREMENTS
District-wide Procurement Minimum Performance and Service Requirements Custodial Equipment and Supplies Page 4 of 4
Procurement #FE-23-04-RFB
Criterion/
Category Item Requirement Justification
-BService
Requirements
(cont’d)
12 Using the Key Performance
Requirements listed in Exhibit C –
Technical Specifications, recommend
only those specific manufacturer’s
product solutions that best meet the
District business requirements. It is the
Vendor’s responsibility to make that
determination and recommend only
products that demonstrate those inherent
qualities.
Requires Manufacturer to have intimate
knowledge of both District needs and
manufacturing capability, increasing the
probability that effective and appropriate
solutions will be presented.
13 Communicate any and all changes to the
schedule, requirements, or expectations
in writing, addressed to the District
contact and copied to purchasing contact.
Agency commits to providing written
confirmation of site availability for
installation no later than three (3) weeks
prior to scheduled date.
Reduces the possibility of verbal commands
that could incur expense to the District.
Provides Vendor with assurance that spaces
will be ready for installation in time to allow
production can be delayed without financial
impact to the Vendor.
14 Protect all areas of Vendor product
installation, conveyances and paths of
travel from damage due to transport or
installation of Vendor products. Assume
responsibility for site damage caused by
Vendor crews and sub-contractors.
Resolve issues within ten (10) days.
Reduces costs to District as well as potential
delays to opening new facilities.
I have read and understood the expectations defined in Exhibit A: Minimum Performance and Service Requirements.
Name: ___________________________________ Supplier: __________________________________ Title: ____________________________________ Date: __________________________________ Signature:
EXHIBIT C
BID FORM
District-wide Procurement
Custodial Equipment and Supplies
Procurement #FE-23-04-RFB
Bid Form
1 of 3
Name of Bidder:
Address:
City, State, Zip:
TO: The Los Angeles Community College District, acting by and through its Board of Trustees, herein called the "District".
Item No. Item Description Discount off List (Product Only) - Stated in Number Percentages Advance/ Nilfisk CleanMax IPC Eagle NSS ProTeam Sanitaire Windsor/ Karcher
0.00% 0.00% 0.00% 0.00% 0.00% 0.00% 0.00%
Average Discount for Line 1:
Advance/ Nilfisk
ICE intelligent
Cleaning
Equipment
NSS ProTeam Viper Windsor/
Karcher
0.00% 0.00% 0.00% 0.00% 0.00% 0.00%
Average Discount for Line 2:
Kaivac/Versa MotorScrubber Square
Scrub
0.00% 0.00% 0.00%
Average Discount for Line 3:
Hydro Tek Windsor/
Karcher
0.00% 0.00%
Average Discount for Line 4:
Advance/ Nilfisk NSS Viper Windsor/
Karcher
0.00% 0.00% 0.00% 0.00%
Average Discount for Line 5:
Windsor/
Karcher
0.00%
Average Discount for Line 6: 0.00%
Unger
0.00%
Average Discount for Line 7: 0.00%
4 Pressure Washers and Accessories
5 Carpet Cleaning Equipment, Carpet Cleaners, Dual
Cleaner/Extractor, Canister Extractor and Carpet Extractors, and Accessories
6 Gum Cleaners, Steam Cleaners, and Accessories
7 Window Cleaning Equipment, DI Pure Water System, Hydro Power Equipment, Squeegees, and Accessories
Pursuant to the Notice to Bidders, the undersigned Bidder, having carefully examined all of the Bidding Documents, proposes and agrees to furnish, in accordance with the Bidding Documents and Modified by all Addenda issued prior to submission of this Bid (including, without limitation, the Terms and Conditions) all things necessary for the undersigned to furnish the below-listed Goods to the Los Angeles Community College District for the following discounts. 2 Floor Burnishers, Floor Scrubbers, Sweepers,
Sweepers/Scrubbers, Multi-Surface Cleaners, Push/Ride on Cleaners, Orbital Auto Scrubbers, and Accessories
3 Restroom Cleaning Equipment and Accessories
Vacuums - Upright, Canister, Wide Area, Lightweight Backpack, Wet-Dry, and Accessories 1
Classification A: Cleaning Equipment and Accessories (Listed Brands or Equal)
0.00%
0.00%
0.00%
0.00%
0.00%
EXHIBIT C
BID FORM
District-wide Procurement
Custodial Equipment and Supplies
Procurement #FE-23-04-RFB
Bid Form
2 of 3
Item No. Item Description Discount off List (Product Only) - Stated in Number Percentages PortaCool
0.00%
Average Discount for Line 8: 0.00%
Fresh Wave IAQ
0.00%
Average Discount for Line 9: 0.00%
Nilfisk Windsor/
Karcher
0.00% 0.00%
Average Discount for Line 10:
3M Advance/
Nilfisk Impact Rubbermaid Safety Zone Spartan Windsor/ Karcher
0.00% 0.00% 0.00% 0.00% 0.00% 0.00% 0.00%
Average Discount for Line 11:
Overall Average Discount for Classification A:
Tennant
0.00%
Tennant
0.00%
Overall Average Discount for Classification B:
Green Machines Madvac
0.00% 0.00%
Average Discount for Line 14:
Green Machines Madvac
0.00% 0.00%
Average Discount for Line 15:
Overall Average Discount for Classification C:
10 Road Sweepers and Accessories
11 General Cleaning Parts & Supplies - Buckets, Wringers, Containers, Mops, Brooms, Dust Pan, Sprayer, Cloths, Step Ladders, Squeegee, Scrapers, Brushes, Dollies, Hoses,
Signage, Toilet Bowl Cleaners, Carts, Air Mover, Chemicals, etc.
8 Portable Cooler, Portable Air Conditioners, Air Purifiers, and Accessories
0.00%
0.00%
0.00%
Classification B: Tennant Cleaning Equipment and Accessories (Listed Brand or Equal) 13 General Cleaning Parts & Supplies
15 General Cleaning Parts & Supplies
12 Floor Burnishers, Floor Scrubbers, Sweepers,
Sweepers/Scrubbers, Multi-Surface Cleaners, Push/Ride on Cleaners, Orbital Auto Scrubbers, Carpet Extractors, Vacuums, Specialty Cleaning Equipment, Dryers, and Accessories
14 Sustainable Sweepers (Ride-on/Walk Behind) and Accessories Classification C: Sustainable Sweeping Machines and Accessories (Listed Brand or Equal)
0.00%
9 Odor Abatement Equipment and Accessories
0.00%
0.00%
0.00%
EXHIBIT C
BID FORM
District-wide Procurement
Custodial Equipment and Supplies
Procurement #FE-23-04-RFB
Bid Form
3 of 3
Item No. Item Description Discount off List (Product Only) - Stated in Number Percentages Nighthawk
0.00%
Nighthawk
0.00%
Overall Average Discount for Classification D:
Item No. Bid Item Description No. of Units for
Bidding
Delivered Bid
Price Stated in
Figures
Carry Up Labor/Regular 1 (ONE) HOUR
Carry Up Labor/Over Time 1 (ONE) HOUR
Installer or Technician Labor/Regular 1 (ONE) HOUR
Installer or Technician Labor/Over Time 1 (ONE) HOUR
Storage Rates per Cubic Foot, Beyond 30 Days 1 (ONE) CU FT Additional Training Beyond Initial Set-up 1 (ONE) HOUR
Lifting or Moving Equipment Services (Rental Per Hour) 1 (ONE) HOUR Bid Item Description
Yes No
Classification D: Enclosed Road Sweepers and Accessories (Listed Brand or Equal) 16 Enclosed Road Sweepers and Accessories
17 General Cleaning Parts & Supplies
16 Are you able to provide
preventative care on equipment if
required?
Contract rates for services required above and beyond those defined in the Standard Scope of Work defined in Exhibit A: Mandatory Performance and Service Requirements (attach separate page for additional rate details as needed)
Additional Unit Pricing for Ancillary Products and Services 15 NOTE: THE BID DISCOUNT IS THE MINIMUM COMPETITIVE DISCOUNT OFFERED ON PRODUCT ONLY FOR THE TERM OF THE CONTRACT. APPLICABLE THIRD PARTY FREIGHT, DELIVERY, ANY OTHER FEES AND SALES TAX WILL BE QUOTED SEPARATELY AT THE TIME OF THE QUOTE.
0.00%
Preventative Care (to be priced at the time of the quote)
SUBSTITUTION REQUEST FORM
Los Angeles Community College District
Sustainable Building Program
Districtwide Procurement
Custodial Equipment and Supplies
Procurement #FE-23-04-RFB
Substitution Request Form
1 of 1
DISTRICT-WIDE PROCUREMENT:
PROCUREMENT NO.: FE-23-04-RFB
BID SPECIFICATION - Copy from Exhibit "C"
Item #
SUBSTITUTION SPECIFICATION - Enter Proposed Product Substitution Details Brand Name
Submitted By:
Bidder: Title:
By: Date:
SPACE RESERVED FOR DISTRICT USE ONLY:
Grant Deny
Completed By:
District Position:
Date:
Only one (1) request for Substitution for each product will be considered. Use a separate Substitution Request Form for each proposed Substitution per Product Classification/Item. (Signature)
(Type or Print Complete Legal Name of Firm)
Bidder requests substitution of the following material, product, or item (as found on Exhibit "C").
All Substitutions must include the Minimum Performance & Service Specifications on Exhibit "A".
TO: LOS ANGELES COMMUNITY COLLEGE DISTRICT
CUSTODIAL EQUIPMENT AND SUPPLIES
Substitution Product Description
Attach product data, comparing Key Performance Requirements defined in Exhibit C to the requested Substitution item on one page in the format provided.
Decision on Request(s):
Item Description Baseline Product - Brand
Yes: No:
Supplier agrees to provide originally specified item in the event substitution request is denied? Yes: No:
Does the Substitution affect dimensions defined in the original specifications, if applicable? If yes, clearly indicate changes below.
PROVIDE A RESPONSE TO EACH QUESTION.
Classification
Classification C: Sustainable Sweeping Machines and Accessories Green Machine Tennant (Green Machine)
Madvac Air Sweeper - LS175, LS125, LN50, LR50
x
x
Haaker Equipment Company (DBA Total Clean Equipment) Ruben Ortiz, Account Manager 4/6/2023
Tennant has discontinued the Green Machine line.
X
Irene Cua-Garcia
Contract Administrator
04/07/2023
ICG