Download 3.1 Contract Terms and Conditions

AMENDMENT #1
A REQUEST FOR PROPOSAL (RFP)
RFP #09-5813
AGENT: Vint Quamme at (608) 262-1147 / FAX: (608) 262-4467 / TTY 608/262-0825
E MAIL: [email protected]
If NO BID (check here)
and return.
UNIVERSITY OF WISCONSIN – Madison
Compressed Gases, Bulk Liquefied Gas, Liquefied Gas and Related Supplies
Issued by:
STATE OF WISCONSIN
UNIVERSITY OF WISCONSIN - MADISON
PURCHASING SERVICES
Issue Date: March 3, 2009
NO PUBLIC OPENING
Proposals must be submitted by
March 12, 2009 - No later than 2:00 p.m. CDT
NOTE TO PROPOSERS: A Non-Mandatory Site Visit on Thursday, March 5, 2009 at 1:00 p.m.
at Materials Distribution Services located at 1061 Thousand Oaks Trail, Verona, WI. (See Section
2.2)
AMENDMENT #1 issued to remove Mandatory Site Visit Requests, Correct/Clarify Section 3.4
and pricing pages 38, 39 and 40 to provide questions and answers to questions received from
Proposers. If this amendment is not signed and returned your bid may be disqualified.
PURCHASING SERVICES
University of Wisconsin-Madison  21 N Park St, Suite 6101 Madison, WI 53715-1218
608/262-0059  (Fax) 608/262-4467  www.bussvc.wisc.edu  [email protected]
UNIVERSITY OF WISCONSIN
MADISON, WISCONSIN 53715-1218
Amendment #1
PROPOSAL NO.: 09-5813
QUESTIONS AND ANSWERS
AMENDMENT #1
QUESTIONS AND ANSWERS FOR 09-5813
(COMPRESSED GASES, BULK LIQUEFIED GAS, LIQUEFIED GAS
AND RELATED SUPPLIES)
Q1.
Please clarify the required unit of measure for ‘MDS Delivered High Pressured Cylinders’ listed on Pages
37-40. Page 37 asks for the price per cylinder while Pages 38-39 ask for the price per cubic foot. Page 40
asks for the price per liquid nitrogen Dewar delivered. Section 3.4 requires that prices ‘”shall be stated
as a unit price per cubic foot for compressed gases for the sizes specified” and as a “unit price per liter
for liquefied gases.”
A1.
See revisions in RFP Amendment attached.
Q2.
Industry Standard units of measure for Cryogenic Liquids is a per liter price. However, not all Liquefied
Gases are not Cryogenic by nature and therefore the unit of measure for those products is most
commonly found measured by weight.
For instance Carbon Dioxide is sold typically per lb. As are other products on the RFP such as Sulfur
Hexafluoride (SF6), Nitrous Oxide (N2O) etc. these can be provided in high pressure compressed gas
style cylinders. A per liter price is abnormal and a conversion would be required to properly equate
cylinder volume. We can and will quote per liter as requested but this is not a true example of the typical
unit of measure and subsequent volume.
A2.
See revisions in RFP Amendment attached.
Q3.
Please clarify how you would like the demurrage charge calculated for the ‘Liquid Nitrogen On-site
Dewar Fill.’ (page 40) The column titled ‘estimated 18 month usage’ is in units of Liters and the column
titled ‘demurrage charge per day’ is in units of Dewar(s). An unrealistic value is obtained by simply
multiplying the liter usage value by the Dewar demurrage value.
A3.
See revisions in RFP Amendment attached.
Q4. “If a Proposer has been to the MDS site and has no questions to present, do they have to attend the
Proposers Conference on the 5th?”
A4. The answer is no, the Proposer does not have to attend the Conference. However, Proposers cannot alter their
RFP response based on a failure to attend the Conference or not having questions answered that were not
presented for the RFP.
UNIVERSITY OF WISCONSIN
MADISON, WISCONSIN 53715-1218
Amendment #1
PROPOSAL NO.: 09-5813
PAGE 4 OF 73
Section #2: RFP Process Instructions
2.1
Applicable Dates
DATE
EVENT
February 10, 2009
Date of Issue of the RFP
February 24, 2009
Written questions due
March 5, 2009 @ 1:00 PM CST
Non-Mandatory Proposer Conference/Site
Visit
March 12, 2009 -- 2:00 PM CDT
RFP Due Date (Local Madison Time)
2.2
Mandatory Proposer Conference/Site Visit
A Proposer Conference will be held at the Materials Distribution Services of UW-Madison Building, 1061
Thousand Oaks Trail, Verona WI on Thursday, March 5, 2009 from 1:00 p.m. to 4:00 p.m. to respond to
questions, to provide any additional instruction to Proposers on the submission of their RFP, and to provide a
tour of the MDS facilities. Proposers are not required to attend the Proposers Conference. Any changes
to the RFP as a result of the meeting shall be mailed to all qualified proposers in the form of an amendment by
UW-Madison Purchasing. If a vendor fails to attend a Proposer’s Conference, their proposal shall be
rejected.
Proposers are asked to bring no more than 5 representatives to the mandatory conference. At least one
representative should be an IT (Information Technology) person. Proposers who plan to attend the conference
should RSVP Darlene Kirch at [email protected] or Vint Quamme at [email protected] with
the number of persons attending for their company a minimum of one day in advance of the conference.
2.3
Clarifications and/or Revisions through Designated Contact
All communications and/or questions in regard to this request should be in writing and proposers are
encouraged to FAX or e-mail written questions to the Purchasing Office. Verbal questions, when permitted,
must be directed to Vint Quamme at (608) 262-1147.
After receipt of the original RFP document, Proposers must provide any written questions to the address below
by the date indicated in Section 2.1 (Written Questions Due). The questions will be reviewed at the Proposers
Conference. If a Proposer discovers any significant ambiguity, error, conflict, discrepancy, omission, or other
deficiency in this RFP, they have five (5) business days after the scheduled proposer’s conference to notify, in
writing, Vint Quamme at the address shown below of such error and request modification or clarification of the
RFP document. All written questions will be responded to in writing and provided to all proposers.
Vint Quamme
UW Purchasing
21 N Park St, Suite 6101
Madison, WI 53715-1218
E-mail: [email protected]
PHONE 608/262-1147 -- FAX 608/262-4467 – TTY 608/262-0825
If a Proposer fails to notify the Purchasing Office of an error in the RFP document which is known to the
Proposer, or which must have reasonably been known to the Proposer, then the Proposer shall submit a
response at the Proposer’s risk and if awarded a contract, shall not be entitled to additional compensation or
time by reason of the error or its later correction.
In the event that it becomes necessary to provide additional clarifying data or information, or to revise any part
of this RFP, supplements or revisions will be provided to all recipients of this initial RFP. The University
reserves the right to extend the due date of the RFP if information and materials received require extension.
UNIVERSITY OF WISCONSIN
MADISON, WISCONSIN 53715-1218
Amendment #1
PROPOSAL NO.: 09-5813
PAGE 7 OF 73
Section #3: Performance and Contract Requirements
3.1
3.2
3.3
Contract Terms and Conditions
A contract will be awarded based on the criteria established in this RFP. The terms and conditions of the
contract will minimally contain:
The minimum contract requirements identified in this Section #3.
3.1.1 The Proposer’s commitments identified in their responses to Section #4.
3.1.2 The University Standard Terms and Conditions of Contract as provided in Attachment E.
3.1.3 Any finally negotiated terms and conditions.
3.1.5 A contract will be awarded based on the criteria established in this RFP. The Specifications, Special
and Standard Terms and Conditions, Attachments to the proposal document, Proposer response and
any UW Madison Purchase Order will become the Contract between the University and the
Contractor. Proposer must accept these Specifications, Special and Standard Terms and Conditions
or submit detailed and defined exceptions along with proposed alternative or additional language for
each exception.
Submitting a standard Proposer Contract as a complete substitute or alternative for the language in
this solicitation shall not be accepted and may result in rejection of the Proposer’s proposal.
The University reserves the right to negotiate contractual terms and conditions or reject the Proposer’s
response and proceed to the next qualified proposer.
Scope
Specifications are detailed and itemized in Attachment A of this RFP document.
Term of Contract
The contract effective date shall commence upon the successfully negotiated signed contract with the
successful proposer and upon validation and usage of electronic commerce capabilities as required in this
RFP. The initial contract term shall be for three years from the contract effective date with the option of
three one year renewal periods. The University reserves the right to extend beyond the contract term if
deemed to be in the best interest of the University.
This contract shall automatically be extended into its fourth through sixth years unless the Contract
Administrator is notified in writing by the Contractor; or the Contractor is notified by the Contract Administrator
in writing 90 calendar days prior to expiration of the initial and/or succeeding contract period(s).
3.4
Prices
Prices must include all packing, delivery, shipping, handling and insurance charges and shall only be adjusted
on a semi-annual basis (i.e. January, July).
Prices shall be stated as a unit price per cubic foot for compressed gases for the sizes specified.
Prices shall be stated as a unit price per liter for liquefied gases.
Prices shall be stated as Unit Price per cylinder or Dewar based on the size specified.
Prices shall be stated as a single percentage discount from the most current pricer (January, July) for all nonlisted gases and accessory equipment and supply items.
As new pricers, (January, July), are published, it is the responsibility of the Contractor to deliver three (3) hard
copies to the Contract Administrator within five days of publication and to provide an electronic version in the
same format. Additional copies are to be delivered to each Department upon request. Invoices shall be
audited based on the most current pricer on file with the Contract Administrator on the date of the order with no
allowances for late delivery of the new pricers. Price files must be submitted a minimum of two (2) weeks in
advance to allow review, consideration and analysis for approval or negotiation.
Demurrage charges must be stated on a daily basis per size of container to be proposal. Proposers must state
with their proposals when demurrage charges begin and end. Billing for demurrage charges will be done by the
vendor to MDS once a month.
UNIVERSITY OF WISCONSIN
MADISON, WISCONSIN 53715-1218
CATEGORY
Helium
Hydrogen
Methane
Nitrogen
Nitrous Oxide
Oxygen
Sulfur Hexafluoride
18 MONTH
USAGE
(rounded to
nearest
multiple of
5)
15
505
625
25
40
60
995
1610
280
5
40
10
605
3555
50
10
20
170
85
5
10
10
50
780
40
5
320
40
70
15
2165
30
Amendment #1
PROPOSAL NO.: 09-5813
PAGE 38 OF 73
PRODUCT
HELIUM INDUSTRIAL SIZE 125
CGA 580
HELIUM INDUSTRIAL SIZE 200
CGA 580
HELIUM INDUSTRIAL SIZE 300
CGA 580
HELIUM RESEARCH GR 6.0 SIZE 150A CGA 580
HELIUM RESEARCH GR 6.0 SIZE 300 CGA 580
HELIUM HP GR 99.997 SIZE 300
CGA 580
HELIUM UHP GR 99.999 SIZE 300
CGA 580
HYDROGEN INDUSTRIAL SIZE 200 CGA 350
HYDROGEN UHP GR 99.999% SIZE 300
CGA 350
METHANE CP GR 2.0 SIZE 300
NITROGEN INDUSTRIAL SIZE 40 CGA 580
NITROGEN INDUSTRIAL SIZE 125 CGA 580
NITROGEN INDUSTRIAL SIZE 200 CGA 580
NITROGEN INDUSTRIAL SIZE 300 CGA 580
NITROGEN NF SIZE 200
CGA 580
NITROGEN ZERO GR 4.8 SIZE 300 CGA 580
NITROGEN HP GR 4.8 SIZE 300 CGA 580
NITROGEN UHP GR 5.0 SIZE 300 CGA 580
NITROGEN PP GR 4.8 SIZE 300 CGA 580
NITROUS OXIDE USP 56LBS
CGA 326
NITROUS OXIDE USP SIZE E
CGA 910
NITROUS OXIDE AA GR 2.5
SIZE 200 CGA 326
OXYGEN INDUSTRIAL SIZE 125
CGA 540
OXYGEN INDUSTRIAL SIZE 200
CGA 540
OXYGEN INDUSTRIAL SIZE 300
CGA 540
OXYGEN MEDICAL USP SIZE 125 CGA 540
OXYGEN USP SIZE 200 CGA 540
OXYGEN MEDICAL USP SIZE 300 CGA 540
OXYGEN MEDICAL UHP GR 99.994 SIZE 300 H20 <2 PPM
OXYGEN RESEARCH GR 5.0 SIZE 300 CGA 540
OXYGEN USP SIZE E CGA 870
SULFUR HEXAFLUORIDE CP GR 2.8 SIZE 200 CGA 590
DEMURRAGE
CHARGE PER
DAY X 30 DAYS
$___________
$___________
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$___________
PRICE PER
CU FTCYLINDER
MDS
DELIVERED
$___________
$___________
$___________
$___________
$___________
$___________
$___________
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$___________
EXTENSION
(UNIT PRICE +
DEMURRAGE PER
CYLINDER X
ESTIMATED
USAGE-MDS
DELIVERED)
$___________
$___________
$___________
$___________
$___________
$___________
$___________
$___________
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$___________
UNIVERSITY OF WISCONSIN
MADISON, WISCONSIN 53715-1218
CATEGORY
Mixtures
18 MONTH
USAGE
(rounded to
nearest
multiple of
5)
45
20
20
10
30
20
15
15
20
45
50
405
5
15
30
5
45
55
10
10
10
5
Amendment #1
PROPOSAL NO.: 09-5813
PAGE 39 OF 73
PRODUCT
AEROBIC MIXTURE 5% CO2 BAL OXYGEN SIZE 200
ANAEROBIC MIXTURE 10% CO2/10% H2/ BAL N2 SIZE 200
ARGON 75 CD 25 SIZE 125 CGA 580
ARGON 75 CD 25 SIZE 300 CGA 580
ARGON 50 HE 50 SIZE 300 CGA 580
CT 5% CARBON DIOXIDE BALANCE NITROGEN SIZ3 300
AN 5% CARBON DIOXIDE BALANCE NITROGEN SIZE 200
ANAEROBIC MIXTURE 5% CO2 5% H2 BAL N2 SIZE 200
LZ 6% CAR DIOXIDE 18% NIT BALANCE HELIUM SIZE 300
USP 5% CARBON DIOXIDE BALANCE OXYGEN SIZE 190
AN 10% CAR DIOXID 10% HYD BAL NIT SIZE 200
AE 5% CARBON DIOXIDE BALANCE OXYGEN SIZE 200
FI 40% HYDROGEN BALANCE HELIUM SIZE 300
CT 8% HYDROGEN BALANCE NITROGEN SIZE 200
CT 10% HYDROGEN BALANCE NITROGEN Size 300
CT 5% METHANE BALANCE HELIUM SIZE 200
5% METHANE BALANCE ARGON P5 SIZE 300
10% METHANE BALANCE ARGON P10 SIZE 300
0.3% OXYGEN, 0.03% CO2, BAL NITROGEN SIZE 200
0.6% OXYGEN, 0.03% CO2, BAL NITROGEN SIZE 200
3% OXYGEN, 5% CO2, BAL NITROGEN SIZE 200
CT 100PPM NITRIC OXIDE BALANCE NITROGEN SIZE 150A
DEMURRAGE
CHARGE PER
DAY/X 30 DAYS
$___________
$___________
$___________
$___________
$___________
$___________
$___________
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$___________
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$___________
$___________
$___________
$___________
$___________
$___________
$___________
PRICE PER
CU FTCYLINDER
MDS
DELIVERED
$___________
$___________
$___________
$___________
$___________
$___________
$___________
$___________
$___________
$___________
$___________
$___________
$___________
$___________
$___________
$___________
$___________
$___________
$___________
$___________
$___________
$___________
EXTENSION
(UNIT PRICE +
DEMURRAGE PER
CYLINDER X
ESTIMATED
USAGE-MDS
DELIVERED)
$___________
$___________
$___________
$___________
$___________
$___________
$___________
$___________
$___________
$___________
$___________
$___________
$___________
$___________
$___________
$___________
$___________
$___________
$___________
$___________
$___________
$___________
UNIVERSITY OF WISCONSIN
MADISON, WISCONSIN 53715-1218
Amendment #1
PROPOSAL NO.: 09-5813
PAGE 40 OF 73
CONTRACTOR DELIVERED LIQUEFIED GASES
CATEGORY
18
PRODUCT
MONTH
USAGE
(rounded
to nearest
multiple
of 5)
5
LIQUID ARGON PREPURIFIED 180LTRS 230PSI
Liquid Argon
10
LIQUID ARGON 160 LTRS 230PSI
5
LIQUID ARGON 160LTRS 230PSI ROOM DELIVERY
35
LIQUID ARGON 180 LTRS 230PSI
50
LIQUID ARGON 180LTRS 230PSI ROOM DELIVERY
Liquid CO2
65
LIQUID CARBON DIOXIDE 160LTRS 350PSI
Liquid Nitrogen
25
LIQUID NITROGEN 160LTRS 230PSI ROOM DELIVERY
45
LIQUID NITROGEN 160LTRS 230PSI CUSTOMER OWNED
15
LIQUID NITROGEN 160LTRS 22PSI ROOM DELIVERY
460
LIQUID NITROGEN 160LTRS 22PSI CUSTOMER OWNED
320
LIQUID NITROGEN 180LTRS 230PSI
40
LIQUID NITROGEN 180LTRS 230PSI ROOM DELIVERY
135
LIQUID NITROGEN 180LTRS 230PSI CUSTOMER OWNED
800
LIQUID NITROGEN 180LTRS 22PSI
720
LIQUID NITROGEN 180LTRS 22PSI ROOM DELIVERY
270
LIQUID NITROGEN 180LTRS 22PSI CUSTOMER OWNED
165
LIQUID NITROGEN 180LTRS 350PSI
15
LIQUID NITROGEN 180LTRS 350PSI ROOM DELIVERY
235
LIQUID NITROGEN 230LTRS 230PSI
1655
LIQUID NITROGEN 230LTRS 22PSI
1040
LIQUID NITROGEN 230LTRS 22PSI ROOM DELIVERY
140
LIQUID NITROGEN 230LTRS 22PSI CUSTOMER OWNED
50
LIQUID NITROGEN 230LTRS 350PSI
60
LIQUID NITROGEN 230LTRS 350PSI ROOM DELIVERY
30
LIQUID NITROGEN 240LTRS 22PSI CUSTOMER OWNED
Liquid Nitrogen on site
dewar fill
Liquid Oxygen
75,000
20
ONSITE LIQUID NITROGEN DEWAR FILL price per liter
LIQUID OXYGEN INDUSTRIAL 180LTRS 350PSI
DEMURRAGE
CHARGE PER
DAY X 30 DAYS
PRICE PER
DEWAR
CONTRACT
OR
DELIVERED
EXTENSION
(UNIT PRICE + 30
DAY DEMURRAGE
PER DEWAR X
ESTIMATED USAGECONTRACTOR
DELIVERED)
$___________
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$ N/A
$___________
$___________
$___________
$___________
$___________
Proposers must describe how custom gases are mixed and priced. (you may use the space below or attach additional sheets as necessary).