RFP FY09-67

REQUEST FOR PROPOSAL

* CONFIDENTIAL *

RFP INFORMATION

RFP Number: FY09-67 RFP Issue Date: Tuesday, April 21, 2009

RFP Title: Janitorial & Sanitary Supplies for The University of Toledo and Bowling Green State University

Proposal Due Date/Time (Eastern): Wednesday, May 6, 2009, Noon EST Number of pages including this cover sheet and attachments: 35

UNIVERSITY CONTACT & SUBMISSION INFORMATION

Name: Joy Gramling Title: Contract Manager

Email: [email protected]: 419-530-8709 FX: 419-530-8711

Mailing Address: THE UNIVERSITY OF TOLEDO PURCHASING SERVICES 2801 W. Bancroft

Scott Park Campus, MS# 460 TOLEDO, OH 43606 Attn: Joy Gramling RFP# FY09-067

*** RFP # & Title must be referenced on outside label of envelope/package

*** 2 original, 2 copies and 2 electronic versions on Flash Drives needs to be sent to mailing address, attention Joy Gramling. ***

RESPONDENTS MUST COMPLETE THE FOLLOWING

Federal I.D. or TIN Number:

Company Name: Company Website:

Primary Contact Name: Primary Contact Title:

Business Address: Phone: Fax: Email:

Billing inquiry phone:

Authorized Signer’s Name: Authorized Signer’s Title:

State Certified MBE I.D. Number, if applicable:

For More Information see the Ohio State Web Site http://das.ohio.gov/eod/EODMBEOff.htm

State Certified EDGE I.D. Number, if applicable:

For More Information see the State of Ohio Web Site http://das.ohio.gov/eod/EODMBEOff.htm

RESPONDENTS MUST RETURN THIS COVER SHEET WITH RFP RESPONSE

The mandatory process for proposal submission for award consideration is contained within Section 3 of this Request for Proposal. UNIVERSITY TERMS AND CONDITIONS contained within Section 6 of this Request for Proposal will prevail unless expressly

altered by the University. Proposals must be received by the Due Date/Time specified above. Plan your delivery method appropriately. Proposals received after the Due Date/Time will not be considered for award.

TABLE OF CONTENTS

http://das.ohio.gov/eod/EODMBEOff.htm

http://das.ohio.gov/eod/EODMBEOff.htm

mailto:[email protected]

SECTION 1 Definition

SECTION 2 RFP Schedule of Events

SECTION 3 Instructions for Proposal Submission

SECTION 4 General Information and Notice to Respondents

SECTION 5 Scope of Services or Materials

SECTION 6 Terms and Conditions

ATTACHMENTS/EXHIBITS

ATTACHMENTSThe following documents are included within this RFP as attachments:

A. RFP Offer Sheet

B. Pricing Document (Product Lists) & Delivery Instructions and Schedules (4 tabs total)

C. DMA

D. Consortium Sales

E. Compliance

F. BAA – University of Toledo

SECTION 1: DEFINITIONS

Relative to this Request for Proposal, and any University-issued addenda, the following definitions apply:

1.1 Award: Agreement, Contract or Purchase Order resulting from this RFP.

1.2 Vendor, Supplier, Contractor: Respondent who is officially awarded the business through the RFP process and entered into a contractual agreement with the University.

1.3 Proposal: Respondent’s formally prepared response to this RFP, which was received by the University.

1.4 Due Date/Time: The date and time specified in this RFP by which a Proposal must be received by the University in accordance with this RFP. Proposals received after such date and time will not be considered.

1.5 Respondent: Individual or company submitting a Proposal in response to this RFP.

1.6 RFP: Request for Proposal

1.7 Scope: Scope of Services or Materials identified by University within this RFP that forms basis of Respondent Proposal.

1.8 University: The University of Toledo, Bowling Green State University and Consortium covered by Attachment D.

1.9 Addendum: Refers to document issued by the Contract Manager which modifies this Request for Proposal or provides additional information to respondents.

RFP FY09- 067 Janitorial & Sanitary Supplies 2 of 36

SECTION 2: RFP SCHEDULE OF EVENTS

The University will make every effort to adhere to the schedule detailed below:

o RFP Issue Date: Tuesday, April 21, 2009

o Questions Submitted By: Friday, April 24, 2009 Noon. EST

o University’s Response to Questions By: Tuesday, April 28, 2009

o Proposal Due Date/Time: Wednesday, May 6, 2009 Noon EST

o Anticipated Award Date: Week of May 24, 2009

SECTION 3: INSTRUCTIONS FOR PROPOSAL SUBMISSION

Respondents are cautioned to read this entire RFP carefully and to comply with all directives to avoid disqualification from an award.

3.1 Proposal Preparation: Respondents must develop and submit a complete and accurate Proposal to this RFP. Proposals must adhere to all

directives contained herein and must follow the chronology of this RFP as specified and sign Attachment A (RFP Offer Sheet)

Respondent is to submit two (2) original Proposals which are to be bound into a single document and clearly marked “ORIGINAL”. Should a discrepancy arise between various copies of the RFP, information contained in the “ORIGINAL” will prevail over conflicting information.

Respondent is to submit the appropriate number of quality Proposal copies specified on page one, which are to be individually bound and clearly marked “COPY”.

Electronic versions of the Proposal must be submitted on two separate Flash Drives, both marked “originals”, one for each University.

Proposals should be prepared providing a straight-forward, concise description of Respondents capabilities to satisfy the requirements of the Request for Proposal. Emphasis should be on completeness and clarity of content. Unnecessarily elaborate brochures or other presentations beyond that sufficient to respond to each section and beyond that sufficient to present a complete and effective bid response are neither necessary nor desired.

Respondent may include any optional data not requested yet considered by the Respondent to be pertinent to this RFP as an addendum to the Proposal.

Any Proposal that does not include the express requirements of this RFP and any University issued addenda may be considered an incomplete Proposal and rejected.

Ownership of all data, materials and documentation originated and prepared for the University pursuant to the RFP shall belong exclusively to the University and be subject to public inspection in accordance with the Ohio Freedom of Information Act. Trade secrets or proprietary information submitted by the Respondent shall not be subject to public disclosure under the Ohio Freedom of Information Act. Any confidential or proprietary data must be clearly marked.

3.2 Site Visit/Pre-Bid Conference:A site visit is not required for this RFP.


3.3 University Revisions to the RFP:In the event that it becomes necessary for the University to revise any part of this RFP, revisions will be provided by the University Purchasing Office to all Respondents via an addendum that is sent electronically.

3.4 Respondent Questions regarding Scope or Procedure:Respondents with questions or requiring clarification or interpretation of any section within this RFP must address these questions via e-mail to [email protected] prior to the submission date stated in Section 2: RFP Schedule of Events. The respondent needs to reference each question to the RFP in consecutive order, from beginning to end, following the chronology of the RFP. Each question should begin by referencing the RFP page number and section number to which it relates.

3.5 Respondent Requests for Exceptions from Terms and Conditions: Respondents must submit all exceptions of presented Terms and Conditions requests in writing and include those with

their Proposal. Exceptions with an explanation as to why the Respondent cannot accept the University’s provision and what alternative

language the Respondent proposes, should be included. The University will make any final determination of changes to the Terms and Conditions.

3.6 Single Point of Contact:From the RFP Issue Date until an Award is made and announced by the University, Respondents are not allowed to communicate with any University staff or officials regarding this RFP, except at the direction of the University contact listed on the Cover Sheet of this RFP. Any unauthorized contact may disqualify the Respondent from further consideration. After an Award is made, all communication will be directly with the Contractor Liaison.

3.7 Submission Requirements: Proposals must be received by The University of Toledo Purchasing Services Office as per the due date/time listed on RFP

cover sheet. Respondents are responsible for selecting the method of delivery (first class certified mail, return-receipt requested, express mail, or hand-delivery) to ensure the proposal is received in the Purchasing Office prior to the due date/time (as determined by the University’s Purchasing date stamp clock. Any RFP or RFP revision which is received after the due date and time specified will not be considered.

University Purchasing Department Office hours for receipt of Proposals are Monday through Friday, 8 AM through 5 PM, EST. Refer to cover sheet for address of the Purchasing Services office.

Envelope/package must be securely sealed and clearly marked with the RFP number and RFP Title from the Cover Sheet.

Electronic versions of the Proposal must be submitted on two separate Flash Drives and accompany the RFP as identified on the Cover Sheet prior to the Due Date/Time in addition to the submission of hard documents as directed above. This electronic version is in addition to, and does not negate the need for, the hard copy submission.

3.8 Failure to meet RFP Closing: Regardless of cause, Proposals received after the Due Date/Time will not be considered. Requests for extension of Due Date/Time will not be granted unless the University determines, at its’ sole discretion, that

the original Due Date/Time appears impractical. Notice of any extension will be provided in the form of an Addendum to all Respondents.

It is the Respondent’s responsibility to see that the Proposal is received prior to the Due Date/Time.

3.9 Pricing Format: Respondents must clearly state their price on the attached excel document (attachment B) for the services requested. If

your company provides additional services and feels that they are relevant to this RFP, please provide a detailed description of each service and a separate price associated with that particular service. This is the only pricing structure and tool the University will accept for this RFP. This document will be used as the primary representation of each Respondent’s cost/price, and will be used extensively during Proposal evaluations. Additional information should be included as necessary to explain in detail the Respondent’s cost/price.

Prices quoted in the Proposal must be FIRM and compliant with RFP specifications. Proposals may not be corrected after the Due Date/Time.

As an institution of the State of Ohio, we must adhere to the State’s T & E reimbursement policies.

3.10 No Bid Requirement: If Respondent is unable or unwilling to submit a Proposal, the Respondent should as a courtesy notify the University Contact identified on the Cover Sheet via email to [email protected] and provide a brief explanation for the “no-bid” prior to the Due Date/Time.

Failure to extend this courtesy may jeopardize your consideration for receiving future RFP’s.




3.11 Withdrawal of Proposal:Respondents may withdraw Proposals at any time prior to the Due Date/Time with written notification to the University Contact listed on the Cover Sheet.

3.12 Cancellation of the RFP:The Universities reserve the right to cancel this RFP, in whole or in part, at any time before the opening of the proposals. Should it become evident during the evaluation of the proposals that it is no longer in the best interest of the Universities to make an award under this solicitation, the Universities reserve the right to cancel this RFP. The Universities shall not be responsible for any costs incurred due to the cancellation of the RFP.

3.13 Respondent Presentations:Respondents may be required to make an oral presentation and product/service demonstration to clarify their Proposal or to further define their offer. Respondents should be prepared to send qualified personnel to the University campus, at the Respondent’s sole expense, to discuss technical and contractual aspects of the Proposal.

3.14 Alternative Proposals:Respondent may offer alternative Proposals; in which case each Proposal will be evaluated by the Universities as a separate option. Alternative proposals must be clearly marked.

3.15 References: Proposal must include a minimum of four (4) professional references where the Respondent has successfully implemented

a janitorial and sanitary supplies service such as the one being sought. These references must also be customers who use your online ordering service. References need to be similar in size and scope.

The Universities may contact these references to verify Respondent’s ability to perform. Respondents must clearly identify the following for all references:

company/institution name contact name, title, and telephone contact’s email address contact’s mailing address the size of the professional reference dates and a description of the service performed

3.16 Minority Business Participation:The Universities have a goal consistent with the State of Ohio legislative mandate to procure a percentage of its goods and services from State Certified Minority Vendors (CMV), Minority Business Enterprises, (MBE), and/or Encouraging Diversity Growth and Equity (EDGE) vendors. The University of Toledo and Bowling Green State University each reserve the right to award a CMV, MBE or EDGE vendor, at its sole discretion, in order to meet said goal.

3.17 Service Guarantees:

Final acceptance and approval of the work performed lies with the Universities. Please detail your service guarantees, including the coverage time frames and any exclusions from the performance requirements.

Please acknowledge your ability to comply and understanding of all of the terms listed in section 3.1 through 3.17 of this RFP:


SECTION 4: GENERAL INFORMATION AND NOTICE TO RESPONDENTS

The Respondent who’s Proposal, in the sole opinion of the Universities represents the best overall value to the Universities will be selected. Factors which determine the selection include but are not limited to: the Proposal’s compliance with the RFP; quality of the Respondent’s products or services; ability to perform the Scope; and general responsibility as evidenced by past performance. Price/Discounts, although a factor, will not be the sole determining factor in the award of an agreement.

4.1 Rights Reserved:The Universities, at their sole discretion and upon its determination that such actions would be in its best interest, reserves the right to: Accept or reject any or all Proposals, or any part thereof, or to withhold the award and to waive, or decline to waive,

irregularities, informalities, and technicalities in any Proposal when determined that it is in its best interest to do so; Hold all Proposals for a period of up to ninety (90) days after the Due Date/Time and to accept a Proposal not withdrawn

before the scheduled Due Date/Time; Cancel and/or reissue this RFP at any time; Invite some, all, or none of the Respondents for interviews, demonstrations, presentations, and further discussion; Negotiate a possible contract and may solicit “best and final offers” from some or all Respondents prior to or during this

negotiation process; Choose to not evaluate, may deem non-responsive, and/or may disqualify from further consideration any Proposals that do

not follow the RFP directives, are difficult to understand, are difficult to read, or are missing any requested information; Make an Award by items, groups of items, or as a whole, whichever is deemed most advantageous to the Universities.

The Universities also reserve the right to make multiple awards when it is deemed in the best interest of the Universities.

4.2 Right to Investigate and Reject:The Universities may make such investigations as deemed necessary to determine the ability of the Respondent to provide the supplies and/or perform the services specified. The Universities reserves the right to reject any Proposal if the evidence submitted by, or investigation of, the Respondent fails to satisfy the Universities that the Respondent is properly qualified. This includes the Universities ability to reject the Proposal based on negative references

4.3 Purchase Orders, Invoicing & Cash Discounts: Universities purchases will be procured through University authorized personnel on a valid purchase order or procurement card. Purchase Order numbers or Purchasing Card reference numbers are required on all invoices to ensure proper payment. Payment terms are NET 45 days. Any cash discounts offered will be accepted and the Universities will endeavor to use in the evaluation, if possible.

4.4 Incurred Expenses:The Respondent, by submitting a Proposal, agrees that any cost incurred by responding to this RFP, or in support of activities associated with this RFP, will be born by the Respondent and may not be billed to the Universities. The Universities will incur no obligation or liability whatsoever to anyone resulting from issuance of, or activities pertaining to, this RFP, including samples. Respondents submit Proposals at their own risk and expense.

4.5 Resulting Contract(s):This RFP, any addenda, the Respondent’s Proposal, any addenda or exhibits, best and final offer, and any clarification question responses may be included in any resulting contract(s).

4.6 Evaluation Process and Contract Term:All proposals submitted by the due date/time deadline will be evaluated by a committee designated by the Universities, who will be responsible for the selection of a firm (or firms) to which a contract may be awarded.

If an award of contract is made, the respondent whose proposal, in the sole opinion of the Universities, represents the best overall value to the Universities will be selected.

Evaluation Criteria for this RFP include, but not limited to:

The overall quality of the program being offered; The cost (commissions, fees, expensed, ect. to be charged); The ability of the vendor/supplier to provide the requested service; The capability of the vendor’s systems, the sophistication and the availabilities for communications, ordering, and

invoice payment The information received on reference checks; The overall financial position of the contractor; The number and scope of any conditions included in the contractor’s proposal; The accessibility of the contractors staff to meet the University’s timelines;


Please acknowledge your ability to comply and understanding of all of the terms listed in section 4.1 through 4.6 of this RFP:

[The balance of this page is left blank intentionally]


SECTION 5: SCOPE OF SERVICES

5.1 A. Background information The University of Toledo:The University of Toledo and the Medical University of Ohio at Toledo were combined by law effective July 1, 2006. The new University of Toledo is the third largest university in the state in terms of operating budget and one of 17 public universities in the country that has colleges of business, education, engineering, law, medicine and pharmacy. The new University now has:

• An enrollment of 23,000 students; • Research funding approaching $60 million;• A work force of more than 7,000;• An economic impact in northwest Ohio of more than $700 million; and more than 100,000 alumni.

The University of Toledo is an institution of excellence committed to improving the human condition through learning, discovery and engagement. The University of Toledo has six campuses – Bancroft, Scott Park, the Health Science Campus, the Center for the Visual Arts, the R.A. Stranahan Arboretum and the Lake Erie Research Center – located throughout Northwest Ohio and is one of the premier academic health care centers in the Midwest. The University has a spectrum of colleges, departments and professional programs matched only by a handful of public institutions nationwide. The University has world-renowned faculty and staff experts and $60 million in funded research and grants.

In addition to Main Campus, which features many arts, athletics and alumni events, the Health Science Campus at The University of Toledo houses many of the University’s health sciences programs and research. It is also home to The University of Toledo Medical Center, renowned for its facilities, physicians and innovative and patient-focused care and treatments.

The University of Toledo’s mission: The mission of The University of Toledo is to improve the human condition; to advance knowledge through excellence in learning, discovery and engagement; and to serve as a diverse, student-centered public metropolitan research university. For more information: www.u toledo .edu/

Campus MapA University of Toledo Map of all locations can be found on the University’s website via the following link:http://www.utoledo.edu/campus/maps/index.html

B. Background information Bowling Green State University:A rich history defines Bowling Green State University, founded in 1910. What began some 90 years ago as a small teacher's college in northwest Ohio has grown into a major institution of higher education with more than 20,000 students and approximately 2300 full-time faculty and staff members. Our vision to become a premier learning community in Ohio and one of the best in the nation and our core values are put into operation in reports and addresses made accessible online through our website at www.BGSU.edu.

At BGSU we offer a very rich academic life which includes more than 200 undergraduate majors and programs on the main campus housed within our six academic colleges: Arts and Sciences, Business Administration, Education and Human Development, Health and Human Services, Musical Arts, and Technology. Additionally, the University offers eight baccalaureate degrees and 14 associate degree programs through our Firelands College Campus. The intellectual environment at BGSU is an exciting one which offers a breadth and depth of graduate study that includes 15 masters’ degree programs in over 60 fields, two specialist degree programs, and 16 doctoral degree programs.

At BGSU we are proud to provide major university opportunities to students in an educational environment that feels "small and connected," much like that of a small college community. This type of educational environment is supported by our excellent faculty and staff members who contribute to a learning community that maximizes student success.

We create an educational environment that develops culturally literate, technologically sophisticated, productive citizens who are prepared to lead, to inspire and to preserve the great traditions of our democracy. BGSU students graduate with not only a degree, but also a heightened social consciousness and a felt responsibility for succeeding both personally and professionally. Bowling Green State University is an institution that changes lives. And its graduates leave the institution with good hearts as well as able brains and go on to change the lives of others, our communities and the world.

Campus MapA Bowling Green State University Map of all locations can be found on the University’s website via the following link: http://www.bgsu.edu/map/


http://www.bgsu.edu/map/

http://www.utoledo.edu/campus/maps/index.html

http://www.utoledo.edu/

5.2 Project Overview: The UNIVERSITY OF TOLEDO and BOWLING GREEN STATE UNIVERSITY are seeking proposals for janitorial and sanitary supplies. Deliveries will be to specified buildings on the respective campuses during time frames provided. Currently, both universities order supplies using the vendor’s online ordering system and each University employs a slightly different payment procedure. The services to be provided include deliveries to specified buildings at the set time frames, with each campus having a different way of acknowledging receipt of those products. (Attachment B). It is the intent of the Universities to consolidate as much of our estimated annual Just in Time janitorial supplies and related item purchases with a single supplier; however given the nature of some janitorial and sanitary supplies, the Universities reserves the right to seek other sources for items that may not be listed on Attachment B

5.3 Environmental Sustainability:

Chemicals and products supplied are to be as environmentally sustainable as reasonably possible. Chemicals and products are to be Green Seal Certified or able to be documented as being environmentally preferred. Aerosols and toxic chemicals or products are considered undesirable and are to be avoided. Biodegradable chemicals and products will be preferred. Chemicals to be limited or avoided include 2-butoxyethanol, hydrochloric acid, hydrofluoric acid, monoethyononlamine, sodium metasilicate, zinc, perchloroethylene, trichloroethylene, 1,1,1-trichloroethane, sodium hydroxide, ammonia, phosphoric acid, bleach, naphthalene, toluene, nitrilotriacetate, nitrilotriacetic, tetrachloroethylene, tributyltin, xylene, acetone, or others that have moderate or high impact on human health or volatile organic compounds. Tamper resistant dispensing systems are to be used whenever possible. Secondary containers are to be properly labeled. Labeling is to be simple and consistent, utilizing non-toxic inks and coatings. All chemicals are to be delivered in refillable, returnable or recyclable containers. Packaging is to be made of at least 25% post consumer recycled materials and be fully recyclable.

Vendor’s Response:

5.4 On-Line Catalogs: The awarded supplier will need to be able to prepare a separate customized standard on line core catalog for each of the end-users and when requested have the ability to print the customized catalog. The custom standard core catalog (on-line and hard copy) at a minimum will contain the following:

1. Item stock number2. Brief description of the item3. Unit of measure4. Pricing by unit of measure5. MSDS information; a pdf link to applicable documentation 6. Color photo of the item

Items will be listed in a logical order with like items grouped together. A general catalog listing all of the items available to the universities and associated pricings must be available for viewing only.

Each customized catalog will need to be updated frequently by the awarded vendor. All updates need to be done during non-peak work hours so not to create any confusion, ordering issues or cause unnecessary downtime. All updated information (date, additions, deletions, changes in catalog items, and pricing, etc) are to be approved in writing no less than three (3) weeks in advance of desired positing date. The awarded vendor will be responsible for notifying the universities end users via an e-mail (prior to posting date), once the written approval has been received.


Does your on line tool/ catalog contain the following?

1. A University specific introduction screen: 2. A University specific ordering procedure screen: 3. A real-time description/status of;

a. custom order deliver times b. backorders c. standard deliveries d. return process


5.5 University’s Electronic Ordering/Invoicing requirements:

The awarded vendor will be required to develop a web based HTML order form in connection with their on line core catalog. The on line form will provide space (preferable be automatic and linked to user log on information) for building location, room, requestor’s name and telephone number, and the department’s internal account number for accounting purposes. The order process shall set a maximum order limit ($) by Authorized Purchaser, by month. Requests in excess of the maximum limit require managerial exceptions. The online order form should be accessible through a secure system which authenticates the user through a user ID and password configuration. It is preferable that the order system validate the department’s internal account numbers with the approved user.

All electronic ordering activity must provide for adequate levels of bi-directional security, i.e., transmittals both from and to the Universities’ information technology environment, must be done in such a manner that the transmittals have reasonable protection from access and modification.

The supplier must provide a document that generally describes their computer environment and their ordering application. The electronic ordering system may allow all order activity to occur within the Supplier’s computer. The Supplier must provide a means by which a timely notification or report confirming order activity is electronically transmitted to a central site as specified by each University. The electronic ordering system must contain custom stock and general line products, discounted prices and custom order forms.

Does your electronic ordering system:

1. Have to ability to automatically link user log on information to: a. University account number b. User profile information (i.e. name, telephone number) c. University building name (or drop down should there be more than one building assigned to a user)

d. University room number (or drop down should there be more than one building assigned to a user)

2. Does your system have the ability to set maximum order limits ($) by user for a set period of time 3. If yes, please describe the process that would transpire should the user;

a. Place an order exceeding their limit by $10.00 b. Place an order when their entire limit is encumbered

4. Please describe how your system encrypts/guarantees protection of all electronic orders 5. Please describe how your system confirms receipt of an order and notifies users of stock issues

5.6 Payment and Invoicing

Current Practices:

1. BGSU’ s payment process utilizes the University’s Purchasing Card Program. Currently VISA is the credit card merchant.

a. Do you have the ability to accept Visa Credit Cards? b. Processing of payment cannot transpire until all products are delivered and signed for. If an order has a split

delivery date, only those items delivered and signed for can be processed.

2. University of Toledo payment process utilizes three methods.

The first method is the most widely used. For every user built their account number(s) is pre-loaded. A transaction report is provided upon delivery. A summarized monthly report sorted by account number and transaction number is then sent to Accounts Payable who will issue payment.

The second method is the issuance of a Purchase Order from purchasing. This requires the awarded vendor to print individual invoices containing the approved PO# and mail the invoice to Accounts Payable.

The third method would be the issuance of a credit card. Processing of a credit card payment cannot transpire until all products are delivered and receipt has been sent to user.

a. Do you have the ability to accept MasterCard Credit Cards? b. Processing of payment cannot transpire until all products are delivered and user receives a receipt. If an order

has a split delivery date, only those items delivered and received for can be processed.


5.7 Return Goods

Items received damaged, broken, defective or wrong item, are to be replaced the same day unless user okays next day. The awarded vendor must have an electronic authorization form that can be completed and issues the pick-up of said items. All defective or broken items are to be replaced, provided it is within 30 days from delivery and in original packaging. All returned goods shall have no re-stocking fees charged to the Universities.


5.8 Deliveries

Each University’s schedule is outlined in the Attachment B


5.9 Pricing Structure

Pricing for all identified core items listed in Attachment B will be guaranteed for a period of one (1) year from the award of the contract, and will not be subject to any increased price change. Thereafter all price increases will be submitted in writing to the Universities’ purchasing department for review ninety (90) days prior to the expiration of the current pricing period and cannot exceed the published consumer price index. To assure the credibility of this program, any proposed increases are to be qualified via manufacturer confirmation/justification. The Universities reserve the right to survey the market for comparable prices and negotiate with the Supplier on all prices prior to any price increases taking effect. In the event that prices decrease anytime during the contract the Supplier will immediately pass the lower price(s) on to the Universities.


A. The awarded vendor should be willing, during the period of the contract, to assist the Universities in negotiations with certain manufacturers regarding consolidation of product offerings or “bundling” of products to affect lower overall pricing to the Universities.


B. Alternate pricing – If any respondent desires to submit any alternate guaranteed yearly pricing for two or more years, submit on separate price form of proposal, titled “Alternate Pricing”. The Universities will review. The Universities reserve the sole right in determining if any Alternate Pricing Form of Proposals will be considered in the evaluation process.


C. All financial obligations of Purchaser/University under this Agreement are subject to the appropriation of sufficient funds by the General Assembly of the State of Ohio. If at any time sufficient funds are not appropriated to continue funding the payments due under this Agreement, this Agreement will terminate on the date the appropriation expires, without any further obligation by each applicable University.


D. Please submit your audited financials for the last two years.


5.10 Supplier Performance:

Sufficient inventory of core stock items will be kept on hand to maintain a 98% fill rate within the established ordering and delivery time periods for placement. All non-stock items and any back ordered stock items must be shipped complete within one week of order placement. If the Universities require the supplier to stock any “special order items”, they must be identified


up front in the bid proposal. Each University will be their own sole determinant as to what levels of special order stock will be ordered. At the end of the contract each University will purchase the remaining stock of product that was previously identified “special order item” and only up to the Universities’ approved order levels.

A. All dispensers will be provided by and installed by the supplier at no cost to the Universities. Installation schedule will be at the sole discretion of each University.

B. No substitutions of identified stock items will be accepted without prior written approval of the requesting department and subsequent notification to Purchasing regarding the need to substitute. Any substitutions must comply with any/all MSDS requirements.

C. All packages, shipping documents, and invoices will be clearly marked with the order number against which the items were delivered.

D. Sufficient (weekly) representation will be maintained on BGSU’s and UT’s campuses to provide assistance with product selection, order and invoice discrepancies and returns of damaged or miss shipped items. Because the performance of this individual may be critical to the success of this venture, the Universities reserve the right to discuss and give approval to the qualifications of the individual selected to represent the supplier on campus.

E. All prices of stock and non-stock items will be inclusive of freight charges from the manufacturer to the award Supplier and any delivery charges from the Supplier to the ordering department.

F. Existing inventory of each University’s janitorial supplies will be used prior to any new supplies of like items being ordered.

G. All requests for additions to the stock program should be addressed responsively by the Supplier, but cannot be added without prior approval of the Purchasing department or a designated assignee. Each University reserves the right to add or discontinue any stock item as the need arises.

H. Supplier must be easily and readily accessible and able to handle emergencies 24 hours a day, 7 days a week. Each University’s access to a Suppliers pager or cellular telephone is a requirement. Supplier is required to respond to any and all Universities’ emergencies within one hour of notification. For all other non-emergency telephone calls or pages, the Supplier is expected to respond back to University’s caller in a timely efficient manner.

I. Emergency Stock must be able to be delivered between 2-4 hours; 24hrs seven days a week. Do you have the resources necessary to accommodate the Universities?

J. Is there a limitation to the amount/number of items that can be held as “emergency stock” and be located close to each campus? Please note that the University of Toledo has three main campuses.

K. Where would the emergency stock be located?

L. Material Safety Data Sheets are to be available and printable as an on line reference.

5.11 Trademark:

The supplier may not use any registered trademark of BGSU or UT on any item provided under this contract without express approval and manufacturer designation of the appropriate licensing officials.


5.12 Award of the Contract Criteria:


The Supplier deemed to be fully qualified and best suited among those submitting written proposals and oral presentations will be identified on the basis of the evaluation factors stated above. Negotiations may be conducted with any or all Suppliers. After negotiations are completed with Suppliers, BGSU, and UT shall select and notify that Supplier which has, in the Universities’ opinion, made the best proposal, and award the contract to take effect on the dates specified in this proposal.


5.13 Attire:

A properly identified staff person(s) must deliver your products in a professional /business-like manner. The award vendor’s employees must appear at job site properly attired. Proper attire will include a clean professional uniform which will include a shirt (long/short sleeves, button down or tee shirt) with the company logo in upper right hand corner, work slacks and steel toed work shoes. A photo of your company uniform must accompany your proposal.

All employees must have an orderly and clean appearance and demeanor; wear a photo identification badge which must contain your company logo, employee name and photo. Employees must adhere to all University policies. The contractor is responsible for educating employees as to The University’s policies, rules concerning smoking areas, demeanor while on campus, property issues, safety, parking rules, building orientation and distribution of campus maps to visitors.


5.14 Management:The awarded supplier will provide management who will be responsible for the supervision, quality and productivity of the service being supplied. This supervisor will be responsible for communicating with each University or jointly with both Universities when concerns or problems arise in fulfilling the contracted requests of the University/Universities, or when a better way could be implemented to conduct deliveries of business is expected.


5.15 Equipment and Safety Information:

All equipment used, must meet all appropriate manufacturing specifications as needed in compliance with OSHA regulations.

Work practices and procedures shall be implemented and followed to comply with all OSHA requirements. Repeated violations of standards will be reason to immediately terminate contract.

The vendor is responsible to provide ALL equipment and supplies necessary to carry out the services being requested. The University will not provide any supplies or equipment.


5.16 Costs:Attachment B, the Excel spreadsheets detail the services to be performed, location and frequency for the various buildings. (One worksheet –two tabs.) In order to be considered, you will need to complete each sheet with your pricing in the appropriate columns. All pricing requested by The University must be guaranteed for a period of one (1) year from the award of the contract start date and will not be subject to any increased price change. The University reserves the right to survey the market for comparable prices and negotiate with the vendor on all pricing, prior to the decision to extend the contract each additional one (1) year extension period, not to exceed a total period of four (4) one year extensions.


5.17 Quality of Work Performed: If products are being processed or delivered incorrectly (wrong location, wrong products to a location) on a repeated basis, and/or the products delivered are not correct in quantity in a repeated fashion over the time frame of the contract, these deficiencies will be noted and brought to Purchasing’s attention. Purchasing will discuss it with the Executive Leadership of the awarded vendor. The first step of corrective action will be for the vendor to make the appropriate corrections or adjustments at their cost, and provide a notice of correction to the appropriate building contact(s). Second step of corrective action will be for the involved supervisors to review the situation and make adjustments in the processes to preclude such future occurrences. Repeated inaccuracies after the initial steps will be cause for cancellation of the contract. Accuracy of work performed is solely within the discretion of the University.



5.18 Building Access:Access to the University Buildings can be awkward and limited. This necessitates having the appropriate equipment available for various jobs, to insure that The Universities are not charged for labor required to travel from streets and roads to buildings.

The Universities have several campuses; therefore this may require multiple loading and unloading to several sites on the various campuses.

Sidewalks are not to be driven on or parked on when loading/unloading.a. How do you plan to educate your staff on the specific delivery location? b. What assistance would you need from the universities to accomplish this task?Vendor’s Response:

5.19 Personnel:The awarded vendor shall employ experienced, efficient and courteous employees. The vendor shall be responsible for the hiring, terminating, training and supervising of all employees.

a. How many core delivery individuals do you anticipate assigning to;a. BGSU b. UT

b. How will you cover core delivery individuals vacation/sick time (i.e. training, notification, etc)?a. Vacation: b. Sick:


5.21 Parking Permits:Delivery Trucks that are well marked as a delivery vehicle do not require a parking permit. Other contractor’s vehicles require a Permit. Daily permits can be secured thru Parking Services. All parking permits are required to be displayed at all times while on University property. If a parking ticket is issued, the vendor/supplier is responsible for payment of all fines.


5.22 Insurance Requirements:

University of Toledo Contractor will acquire and maintain, through companies that have an A.M. Best rating of A or better, during the term of this Agreement bodily injury and property damage liability insurance under a standard commercial general/automobile liability policy which will provide and include coverage on all Contractor’s operations, contractual liability, owned automobiles and non-owned or hired automobiles.

Bodily injury liability limits will be for an amount of not less than Two Million Dollars ($2,000,000) per person per injury, including wrongful death, and for an amount of not less than Two Million Dollars ($2,000,000) on the account of any one occurrence.

Property damage liability insurance in an amount of not less than Two Million Dollars ($2,000,000) per person per injury, including wrongful death, and for an amount of not less than Two Million Dollars ($2,000,000) on the account of any one occurrence.

Any combination of underlying commercial general and automobile liability coverage with umbrella/excess liability coverage which provides no less than Two Million Dollars ($2,000,000) single limit bodily injury and property damage liability insurance for Contractor also will be acceptable.

Contractor will maintain and keep in force product liability insurance, public liability insurance, and Worker’s Compensation insurance covering employees of Contractor paid by Contractor.

Bowling Green State University:Supplier shall procure and maintain at its expense, during the term of the agreement and any renewals thereof, the insurance described in the following sub-paragraphs:


The Supplier will at its own expense obtain and maintain public liability insurance against personal bodily injury in the sum of not less than one million dollars ($1,000,000) and against property damage in the amount of not less than two million dollars ($2,000,000) with bodily injury and property damage liability insurance in the amount of not less than one million dollars ($1,000,000) for each person for bodily liability and one million dollars ($1,000,000) each occurrence for property damage liability to cover such liability caused by, or arising out of , activities of the Supplier and its agents, and/or employees while in engaged in preparing for the services, or such other insurance that is required by institution, and shall furnish to BGSU certificates of insurance evidencing that such insurance has been procured prior to commencement of such work.

5.23 General Information: 1 Where is your corporate office located? 2 Where is your local office located? 3 Please provide a copy of your insurance certificate. 4 How many years has your company been in this supply business? 5 How many employees does the corporate office employ? 6 How many employees does the local office employ? 7 What is the average tenure of the following local office positions?

a. Management b. Order processors c. Delivery personnel

8 How is the company organized per IRS? (Sole Proprietor, Partnership, Corporation)9 Provide OSHA Records for On Job Safety Rate for the last three (3) years. 10 What type of training do you provide your employees?

5.24 Supervisor Information Assigned to the Universities:1 Name of Supervisor(s) who will involved in this contract’s performance: 2 Cell Phone Number of Supervisor: 3 Pager Number of Supervisor: 4 Years of experience in the Janitorial and sanitary supply business: 5 Years of experience in supervising others: 6. Does your company have sufficient staffing when employees assigned to the various campuses are away from work?

5.25 Emergency Contact Information:

1 In the event of an emergency, whom should we contact? 2 Phone Number: 3 Cell Phone Number: 4 Pager Number:


SECTION 6: THE UNIVERSITY OF TOLEDO and BOWLING GREEN STATE UNIVERSITY’S TERMS AND CONDITIONS

6.1 Indemnification:Contractor agrees to indemnify the University, its governing board, officers, employees, agents, students and the State of Ohio from and against any and all costs, losses, damages, liabilities, expenses, demands, and judgments, including court costs, and attorney’s fees, which may arise out of Contractor’s performance of this Agreement, except to the extent such are caused by the sole fault or negligence of the University. Contractor agrees to indemnify the University, its governing board, officers, employees, agents, students and the State of Ohio from and against any and all costs, losses, damages, liabilities, expenses, demands, and judgments, including court costs, and attorney’s fees, suffered by failure to perform this Agreement according to its provisions and in accordance with the Statement of Services.

6.2 Governing Law:All questions relating to the validity, interpretation, performance or enforcement of this Agreement, and any claims arising from or related to this Agreement, will be governed by and construed in accordance with the laws of the State of Ohio, without regard to the principle of conflict of laws. Any litigation arising from or related to this Agreement may be brought only in the federal or state courts of Ohio with appropriate jurisdiction, and the parties irrevocably consent to the jurisdiction and venue of such courts.

6.3 Contingent upon Appropriation:It is understood that any and all expenditures of State funds are contingent on the availability of lawful appropriations by the Ohio General Assembly. If the General Assembly fails at any time to continue funding for the payments and/or other obligations that may be due hereunder, then the State of Ohio’s obligations under this Contract are terminated as of the date that the funding expires without further obligation of the State.

6.4 Taxes:The University of Toledo, and Bowling Green State University as instrumentalities of the State of Ohio, are exempt from Ohio sales tax and Federal excise tax, including Federal transportation tax. An exemption certificate is available, upon request, from the University Purchasing office.

6.5 Unresolved Findings:Vendor warrants that it is not subject to an “unresolved” finding for recovery under Ohio Revised Code Section 9.24. If the warranty is deemed to be false, the Agreement is void ab initio and the Contractor must immediately repay to the State any funds paid under this Agreement.

6.6 Suspension or Debarment:Vendor certifies that it is not suspended or debarred by the Federal Government or State of Ohio from participating in Federal or State funded projects.

6.7 Assignment:Neither party may assign its right or obligation hereunder without the prior written approval of the other party.

6.8 Absence of Sanctions:Contractor represents that neither it nor any of its owners, officers or employees have been sanctioned by or excluded from participation in any federal or state health care program, including Medicare and Medicaid. Contractor agrees that if it or any such individual associated with it should become the subject of an investigation relating to health care fraud, abuse or misconduct, or should be sanctioned by or excluded from participating in any federal or state health care program, including Medicare and Medicaid, it will immediately notify the Medical University of such event and the Medical University will have the right to immediately terminate this Agreement without penalty or cost.

6.9 Compliance with Law and Policies Contractor hereby covenants and agrees that in the course of Contractor’s performance of its duties hereunder, Contractor

will comply with all applicable federal, state and local government statutes, ordinances and regulations, and University policies and procedures.

If professional licensing or certification constitutes a qualification for Contractor’s performance under this Agreement, Contractor will make immediately available, at the University’s request, a copy of said certification or licensure.

The Contractor warrants that it has complied with all federal, state and local laws regarding business permits and licenses of any kind, including but not limited to:o Family Educational Rights and Privacy Act (FERPA) o Gram-Leach-Bliley (GLB) Act o Health Insurance Portability and Accountability (HIPAA) Act of 1996o Privacy Act of 1974o OSHA Compliance

The Contractor agrees to comply with all applicable Federal, State and Local laws regarding smoke-free and drug-free


http://www.usdoj.gov/foia/privstat.htm

http://aspe.hhs.gov/admnsimp/pl104191.htm

workplaces and shall make a good faith effort to ensure that any of its employees or permitted subcontractors engaged in any work being performed hereunder do not purchase, transfer, use or possess illegal drugs or alcohol or abuse prescription drugs in any way.

6.10 Non-Discrimination:Pursuant to R.C. §125.111, and Executive Order 11246, Laws and Regulations of the State of Ohio, the Vietnam Era Veterans Readjustment Assistance Act and policy of the University, the Contractor agrees that Contractor, and any Sub-supplier there of, or any person acting on behalf of Contractor or a Sub-supplier, will not discriminate, by reason of race, creed, color, religion, sex, age, handicap, national origin, or ancestry, or status as a disabled veteran or Vietnam era veteran against any citizen of this state in the employment of any person qualified and available to perform the work under the agreement. The successful Contractor further agrees that every sub-contract for parts and/or service for any ensuing order will contain a provision requiring non-discrimination in employment as specified above. Any breach thereof may be regarded as material breach of contract or purchase order. The Contractor further agrees that Contractor, any Sub-supplier, and any person acting on behalf of Contractor or its Sub-supplier, will not in any manner, discriminate against, intimidate, or retaliate against any employee hired for the performance of work under the agreement on account of race, creed, color, religion, sex, age, handicap, national origin, or ancestry, or status as a disabled veteran or Vietnam era veteran. Contractor represents that it has a written affirmative action program for the employment and effective utilization of economically disadvantaged persons and annually will file a description of that program and a progress report on its implementation with the Equal Employment Opportunity Office of the Department of Administrative Services.

6.11 Limitation of Liability: The University’s liability for damages, whether in contract or in tort, will not exceed the total amount of compensation

payable to Contractor under this Agreement. IN NO EVENT WILL THE UNIVERSITY BE LIABLE FOR ANY INDIRECT OR CONSEQUENTIAL DAMAGES,

INCLUDING LOSS OF PROFITS, EVEN IF THE UNIVERSITY IS ADVISED, KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.

NOTWITHSTANDING ANY LANGUAGE TO THE CONTRARY, THE CONTRACTOR WILL BE LIABLE FOR ANY PERSONAL INJURY OR DAMAGE TO THE UNIVERSITY IN PERFORMING THE SERVICES, INCLUDING DAMAGE TO REAL PROPERTY OR TANGIBLE PERSONAL PROPERTY, CAUSED BY ITS FAULT OR NEGLIGENCE.

6.12 Suspension and Termination Provisions: The Universities reserve the right to terminate this Agreement for any reason and at any time upon 30 days written notice

to Contractor. In the event of termination prior to completion of all Services described in Section 5, the amount of the total fee to be paid the Contractor will be determined by Universities on the basis of the portion of the total Services actually completed up to the time of such termination.

If either party fails to perform any of the requirements of this Agreement, or is in violation of a specific provision of this Agreement, then the non-breaching party may suspend or terminate this Agreement if the breaching party fails to cure such non-performance or violation within ten (10) business days following delivery of written notice of the breach.

It is understood that any and all expenditures of State funds are contingent on the availability of lawful appropriations by the Ohio General Assembly. If the General Assembly fails at any time to continue funding for the payments and/or other obligations that may be due hereunder, then the State of Ohio’s obligations under this Contract are terminated as of the date that the funding expires without further obligation of the State.


6.13 Customer Service: It is expected that all Contractors working with each University’s associates maintain a professional and courteous

nature and that phone calls and order confirmations be promptly returned. It is the desire of the Universities that a dedicated Customer Service Representative, or team thereof, be placed on

each University account during regular business hours with e-mail capabilities. It is the Contractor’s responsibility to communicate changes in representatives and coordinate introductions to key

personnel at the University. This includes sales and internal customer service reps.

6.14 Meetings:The Contractor is required to meet with each University to resolve technical or contractual problems that may occur during the term of the contract or to discuss the progress made by Contractor and the University in the performance of their respective obligations, at no additional cost to either University. Such meetings are suggested to be scheduled weekly or on an “as scheduled” basis.

6.15 Conflict of Interest:Contractor acknowledges that no conflict of interest exists between the Contractor and the Universities, or Contractor and its employees, or any members of their families in relation to any Universities’ policies or guidelines or state laws. Any person who acquires a conflicting personal interest as of the date the services begin must immediately disclose such interest to the Universities in writing. Contractor will not participate in any action affecting the services of this Agreement unless the Universities have determined that such participation would not be contrary to the public interest.

6.16 Ethical Conduct: It is expected once an agreement is issued, Suppliers (awarded or not awarded) will not undertake any actions that might interfere with, or be detrimental to, the contractual obligations of The Universities Either or both Universities reserve the right to take any and all actions deemed appropriate in response to unethical conduct by a Supplier. Such actions include, but are not limited to: establishing guidelines for campus visits by Supplier, and/or removal of a Supplier from Universities’ supplier list.

6.17 Public Records:Contractor understands that any records kept or maintained by the Universities, including any quotes or pricing of Contractor, may require disclosure under Ohio’s Public Records Act, R.C. § 149.43 and Ohio law and Contractor consents to such disclosure.

6.18 Advertising:No Contractor providing products or services to the Universities will appropriate or make use of the name or other identifying marks or property in its advertising.

6.19 Business Associate Agreement: See attachment F

6.20 Warranty:Contractor warrants that the work performed and equipment supplied hereunder will be of first quality, in full compliance with the requirements of the Agreement, and free from defects in material, workmanship and design for one year from initial operations. If any aspect of the above warranty will be breached, Contractor shall, upon receipt of notice thereof from the applicable and relevant University and at Contractor’s sole cost and expense, promptly repair or replace the defective materials, workmanship, or design or pay the University the costs and expenses incurred by University in conducting such repair and replacement.

6.21 Force Majeure:Neither party will be liable or deemed in default for any delay or failure in performance under an Agreement or interruption of service resulting directly or indirectly from acts of God, civil or military authority, acts of the public enemy, war, riots, civil disturbances, insurrections, accidents, fires, explosions, earthquakes, floods, the elements or any other cause beyond the reasonable control of such party.


6.22 HB694 Campaign Contributions:The Contractor hereby certifies that all applicable parties listed in Division (I) (3) or (J) (3) of ORC Section 3517.13 are in full compliance with Divisions (I) (1) and (J) (1) of ORC Section 3517.13.

6.24 Records and AuditThe Supplier that is awarded a contract with the Universities shall maintain reasonably complete and accurate records of the operations associated with this contract and all fees and expenses charged to each University, or paid on behalf of the Universities, with respect to goods and/or services secured by this contract. The Supplier will retain such records for the period of the contract plus three years from the ending date or termination of the contract and shall make all such records available to each University during normal business hours upon reasonable advance written notice. The Supplier shall cooperate in any audit request of such records that each University may desire to undertake or request; provided, that (i) any such audit shall be at the expense of each appropriate University, (ii) any such audit will occur no more than once per calendar year, (iii) that the auditor shall have full and unrestricted access to such records, facilities, and staff as required for the audit, and (iv) that each University shall have full control over the selection of the auditor and staff, the audit plan, the criteria, and shall have full and complete ownership of the audit report, management letters and all supporting documentation created by the auditor.

6.25 Provisions: If any provisions in the resultant agreement are held to be invalid, void, or unenforceable, the remaining provisions shall nevertheless continue in full force and effect without being impaired, or invalidated, in any way.

Please acknowledge your ability to comply with all of the terms listed in section 6.1 through 6.25 of this RFP:


ATTACHMENT A – RFP OFFER SHEETRFP FY09-067

THE UNIVERSITY OF TOLEDO and BOWLING GREEN STATE UNIVERSITY

TOLEDO, OHIO

BOWLING GREEN, OHIO

TO: Joy M. Gramling

Contract Manager

The University of ToledoPurchasing Services Department2801 W. Bancroft – MS #460Toledo, OH 43614

By signing this document I am agreeing, on behalf of my firm, to the specifications of this RFP and accepting, without exception or amendment the Universities RFP Project Overview, General Information, Scope of Project, and Agreement Terms and Conditions. Any contract resulting from this RFP shall be subject to these instructions, terms, and requirements incorporated herein. I also affirm that the following components were completed and present in this proposal; original RFP, Attachments A-F.

Contractors are further advised that in accordance with the provisions of January 27, 1972, Executive Order by the Governor of Ohio, equal employment opportunity conditions are applicable to this proposal invitation. The contractor shall not discriminate against any employee or applicant for employment because of age, race, ethnicity, religion, national origin, ancestry, gender or handicap. The contractor shall take affirmative action to ensure that applicants are employed and that employees are treated during employment without regard to their age, race, ethnicity, religion, national origin, ancestry, gender or handicap. The contractor shall conform to all provisions of law relating hereto. Documents containing all pertinent requirements are on file with the Department of Administrative Services, Division of Public Works, 30 East Broad Street, Columbus, Ohio 43215.

Proposer understands that the Universities reserve the right to reject any and all proposals, waive irregularities or technicalities in any proposal, and accept any proposal in whole or in part which is deemed to be in its best interest.

Proposer agrees that this proposal may not be withdrawn for a period of sixty (60) calendar days after due date of the proposal.

Proposer hereby certifies: (a) that this proposal is genuine and is not made in the interest or on behalf of any undisclosed person, firm, or corporation; (b) that proposer has not directly or indirectly included or solicited any other firm to put in a false or sham proposal; (c) that firm has not solicited or induced any person, firm, or corporation to refrain from sending a proposal and (d) this proposal is in all respects fair and in good faith without collusion or fraud.

Company Date

Signature (Required)

Printed Name Title


Atta


Attachment B1 (Word Document) & B2 (Excel Document):RFP FY09-067

Required Responses to the following: Reporting capabilities

Price Sheets for both UniversitiesDelivery Schedules for both Universities

Describe your ability to provide usage reporting for management information. Please identify the;o Report Nameo Description & Sample of Reporto Frequency of Report


Monthly reports, by delivery point, to include item usage by stock item, departmental dollars spent and history of every item purchased by delivery point. These reports will assist in determining placing additional items on the standard list, or items to be omitted, as well as tracking usage by location.

Describe your ordering system’s capabilities, its communication methods, and invoicing processesVendor’s Response:

Outline your proposed delivery system and types of vehicles available for commitment to the programVendor’s Response:

Outline the quantifiable and verifiable value added “no charge” products that will become the property of each University, e.g. Secondary Dispensers, spray tips, squirt lids, dilution control devices, product labels, Dispensing Systems, and replacement of broken units at no charge.


Please outline the approximate implementation time line, and include your proposed techniques for communicating the announcement of your program to the various departments at each University


Please describe your warehouse facilities, size and location, and whether inventory of stock items under this contract will be sequestered for each University’s use.


Please list all of the manufacturers for the commodities listed below that you can provide;o Chemicals:

o Paper Products

o Liners

o Deodorizers

o Cleaning Equipment (carts, sweeper, burnishers…)

o Cleaning Supplies (mops, garbage cans, gloves, pads, brooms…)

o Other (please describe)


List of products--- please see attached spreadsheets

Respondent is to provide detail regarding manufacturer, packaging, targeted use, pH, dilution ratios, cost per diluted gallon, kill rate, dwell time, residual kill time, toxicity, biodegradability, hazards, and shelf life. Respondent may offer more than one option per product. Sufficient sample quantities of these products should be made available upon request to allow inspection/testing of the items by the Facilities Services department to determine its acceptability as a product. Each University reserve the sole right in determining if a product is a suitable product.

Delivery System--- please sees attached spreadsheets

Please note: PARKING PERMITS---BGSU:

Delivery trucks that are well marked as a delivery vehicle do not require a parking permit. Other Supplier visitors that park in BGSU’s parking lots do require a permit. Daily permits are free and can be secured thru Parking Services located in Commons Hall. Vendors will not drive on sidewalks, nor on grassy areas, and will abide by the Traffic and Parking Regulations at BGSU.


ATTACHMENT E- DMA

Senate Bill 9, which is Ohio’s homeland security and anti-terrorism legislation, requires all vendors receiving orders with an aggregate of $100K or more to fill out a D.M.A. questionnaire form (Declaration Regarding Material Assistance/Non-assistance to a Terrorist Organization) before issuance of an order.

Enclosed is the D.M.A. Form which must be filled out and faxed back to my attention at 419-383-6250. Please fill out the appropriate form and fax back as soon as possible.

If you have questions regarding Senate Bill 9, please go to http://www.homelandsecurity.ohio.gov/dma.asp for further explanation. Failure to comply may jeopardize future business with your company.


http://www.homelandsecurity.ohio.gov/dma.asp



ATTACHMENT F – CONSORTIUM SALES AUTHORIZATION

If awarded an agreement, please indicate I you will extend these prices and terms to member of the following consortia:

YES NO

InterUniversity Council: Ohio College Association: Educational and Institutional Cooperative: State of Ohio Community College:

Describe regional or geographical restrictions:

Signature of Company Official Agreeing to this extension:

Signature Date


ATTACHMENT G – COMPLIANCE FORM

Ohio Law requires the following notarized affidavit be obtained from a respondent before certain contracts can be awarded or certain purchase orders issued. Please complete and return.

BUY AMERICANThe goods are produced or mined in The United States of America, its possessions, or Puerto Rico.

Yes No BUY OHIOThe Supplier is considered an “Oho Supplier” or a Supplier from a “Border State”.

Yes No NOTE: Economic preference shall be awarded to Ohio Suppliers and suppliers from “Border” (Michigan, Kentucky, Indiana, Pennsylvania, New York and West Virginia) states, provided those states do not impose economic restraints on products produced or mined in Ohio. An “Ohio Supplier” describes one who offers Ohio products (defined to mean products which are mined, excavated, produced, manufactured, raised, or grown in the State by a person where the input of Ohio products, labor, skill or other services constitutes no less than 25 percent of the manufactured cost) or a Supplier who demonstrates significant Ohio of facilities demonstrate a significant capital investment in Ohio; pay required taxes to the State of Ohio; and are registered and licensed to do business in the State of Ohio with the Office of Secretary of State).

CONFLICT OF INTERESTa. The vendor certifies that none of the company’s directors or principal officers are employed by, or affiliated with

either University.

b. Should any of the respondents directors or principal officers also be employed by, or be affiliated with either University; the respondent will so certify by listing their name(s) and title(s) below:

Officer Affiliated with or Employed by the University of Toledo Title

Officer Affiliated with or Employed by the University of Toledo Title

Officer Affiliated with or Employed by BGSU Title

Officer Affiliated with or Employed by BGSU Title

NOTE: The provisions of this form are based upon State (Chapter 125 of The Ohio Revised Code), and Federal regulations and requirements, and the policies and practices of the Universities.


NON COLLUSION AFFIDAVIT

State of County of

being of lawful age, and first duly sworn, under oath says, that she/he is the agent authorized by respondent to submit the attached proposal/agreement to the Universities. Affiant further states that respondent has not paid, given or donated, or agreed to pay, give or donate, to any officer or employee of the State of Ohio, any funds or other items of value, either directly or indirectly, in the procuring of the proposal/agreement.

Company Name Authorized Signature

Federal Tax ID# Title

Subscribed and sworn to before me this ______________________ day of ____________________, 2009.

(Seal) Notary Public, Clerk or Judge________________________________

My Commission expires:___________________________________


ATTACHMENT H – BUSINESS ASSOCIATE AGREEMENT BUSINESS ASSOCIATE AGREEMENT – University of Toledo

THIS BUSINESS ASSOCIATE AGREEMENT is an exhibit to and is hereby made part of and incorporated into that certain agreement (“Agreement”) entered into between THE UNIVERSITY OF TOLEDO, (“Covered Entity”), and ___________________________ (“Business Associate”).

WITNESSETH:

WHEREAS, Business Associate provides said goods or services to Covered Entity pursuant to a contract entitled ________________________ (“Services Contract”) which has an effective date of ________________; and

WHEREAS, Covered Entity permits Business Associate to have access to and/or receive from Covered Entity certain information, in conjunction with goods or services that are being provided by Business Associate to Covered Entity that is confidential and must be afforded special treatment and protection; and

WHEREAS, Business Associate can use or disclose such information only in accordance with this Agreement and the HHS Privacy and Security Regulations of the Health Insurance Portability and Accountability Act of 1996.

NOW, THEREFORE, Covered Entity and Business Associate agree as follows:

1. Definitions. The following terms shall have the meaning ascribed to them in this Section. Other capitalized terms shall have the meaning ascribed to them in the context in which they first appear.

A. “Agreement” refers to this document.

B. “Business Associate” means the vendor/contractor identified in the first paragraph above.

C. “Covered Entity” means The University of Toledo.

D. “Electronic media” means the mode of electronic transmission. It includes, but not limited to, the Internet (wide-open), Extranet (using Internet technology to link a business with information only accessible to collaborating parties), leased lines, dial-up lines, private networks, and those transmissions that are physically moved from one location to another using magnetic tape, disk, compact disk or optical media.

E. “HHS Privacy Regulations” means the Code of Federal Regulations (“CFR”) at Title 45, Sections 160 and 164, Subparts A and E.

F. “HHS Security Regulations” means the Code of Federal Regulations (“CFR”) at Title 45, Section 164, Subpart C.

G. “Individual” means the person who is the subject of the Protected Health Information. (Ref 45 CFR 160.103)

H “Protected Health Information” means any individually identifiable health information that is transmitted by electronic media, maintained in any medium described as electronic media, or transmitted or maintained in any other form or medium. (Ref 45 CFR 160.103) It includes:

(i) Names;(ii) All geographic subdivisions smaller than a State, including street address, city, county, precinct, zip code, and their equivalent geocodes, except for the initial three digits of a zip code if, according to the current publicly available data from the Bureau of the Census;


(a) The geographic unit formed by combing all zip codes with the same three initial digits contains more than 20,000 people; and

(b) The initial three digits of a zip code for all such geographic units containing 20,000 or fewer people are changed to 000.

(iii) All elements of dates (except year) for dates directly related to an individual, including birth date, admission date, discharge date, date of death; and all ages over 89 and all elements of dates (including year) indicative of such age, except that such ages and elements may be aggregated into a single category of age 90 or older;

(iv) Telephone numbers;

(v) Fax numbers;

(vi) Electronic mail addresses;

(vii)Social Security Numbers;

(viii) Medical record number;

(ix) Health plan beneficiary numbers;

(x) Account numbers;

(xi) Certificate/license numbers;

(xii)Vehicle identifiers and serial numbers, including license plate numbers;

(xiii) Device identifiers and serial numbers;

(xiv) Web Universal Resource Locators (URLs);

(xv) Internet Protocol (IP) address numbers;

(xvi) Biometric identifiers, including finger and voice prints;

(xvii) Full face photographic images and any comparable images.

I. “Parties” mean Business Associate and Covered Entity.

J. “Secretary” means the Secretary of the Department of Health and Human Services (“HHS”) and any other officer or employee of HHS to whom the authority involved has been delegated.

2. Limits On Use and Disclosure Established by Terms of Agreement. Business Associate hereby agrees that it shall be prohibited from using or disclosing Protected Health Information provided or made available by Covered Entity for any purpose other than as expressly permitted or required by this Agreement. (Ref 164.504(e)(2)(i))


3. Stated Purposes For Which Business Associate May Use Or Disclose Protected Health Information. The Parties hereby agree that Business Associate shall be permitted to use and/or disclose Protected Health Information on behalf of or to provide services to Covered Entity for the following stated purposes, if such use or disclosure would not violate the HHS Privacy Regulations if done by Covered Entity: (Ref 164.504(e)(2)(i))

[Include a general statement describing the stated purposes that Business Associate may use or disclose the Protected Health Information of the Covered Entity. These uses and disclosures must be within the scope of the Business Associate’s agreement or representation of the Covered Entity]

________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

4. Additional Purposes For Which Business Associate May Use Or Disclose Protected Health Information. In addition to the Stated Purposes for which Business Associate may use or disclose Protected Health Information described in clause 3, Business Associate may use or disclose Protected Health Information provided or made available from Covered Entity for the following additional purpose(s):

A. Use of Protected Health Information for Management, Administration and Legal Responsibilities. Business Associate shall be permitted to use Protected Health Information if necessary for the proper management and administration of Business Associate or to carry out legal responsibilities of Business Associate. (Ref 164.504(e)(4)(i)(A-B))

B. Disclosure of Protected Health Information for Management, Administration and Legal Responsibilities. Business Associate shall be permitted to disclose Protected Health Information received from Covered Entity for the proper management and administration of Business Associate or to carry out legal responsibilities of Business Associate, provided: (Ref 164.504(e)(4)(ii))

(1). The disclosure is required by law; (Ref. 164.504(e) (4) (ii) (A)) or

(2). The Business Associate obtains reasonable assurances from the person to whom the Protected Health Information is disclosed that it will be held confidentially and used or further disclosed only as required by law or for the purposes for which it was disclosed to the person, the person shall use appropriate safeguards to prevent use or disclosure of the Protected Health Information, and the person immediately notifies the Business Associate of any instance of which it is aware in which the confidentiality of the Protected Health Information has been breached. (Ref 164.504(e)(4)(ii)(B))

C. Data Aggregation Services. Business Associate shall be also permitted to use or disclose Protected Health Information to provide data aggregation services, as that term is defined by 45 CFR 164.501, relating to the health care operations of Covered Entity. (Ref 164.504(e)(2)(i)(B))

5. Business Associate Obligations.

A. Limits on Use and Further Disclosure Established by Agreement and Law. Business Associate hereby agrees that the Protected Health Information provided or made available by Covered Entity shall not be further used or disclosed other than as permitted or required by the Agreement or as required by law. (Ref 164.504(e)(2)(ii)(A))


B. Appropriate Safeguards. Business Associate shall establish and maintain appropriate procedural, physical and electronic safeguards to prevent any use or disclosure of the Protected Health Information, other than as provided for by this Agreement. (Ref 164.504(e)(2)(ii)(B))

C. Reports of Improper Use or Disclosure. Business Associate hereby agrees that it shall report to Covered Entity within five (5) days of discovery any use or disclosure of Protected Health Information not provided for or allowed by this Agreement or any security incident of which it becomes aware. (Ref 164.504(e)(2)(ii)(C) and 164.314(a)(2)(iv))

D. Subcontractors and Agents. Business Associate hereby agrees to ensure that any agent, including a subcontractor, to whom it provides Protected Health Information received from, or created or received by Business Associate on behalf of Covered Entity, agrees to the same terms, conditions and restrictions on the use and disclo-sure of Protected Health Information as contained in this Agreement and to implement reasonable and appropriate safeguards to protect the Protected Health Information. (Ref 164.504(e)(2)(ii)(D) and 164.314(a)(i)(B))

E. Right of Access to Protected Health Information. Business Associate hereby agrees to make available and provide a right of access to Protected Health Information by the Covered Entity or an Individual. This right of access shall conform with and meet all of the requirements of 45 CFR 164.524. (Ref 164.504(e)(2)(ii)(E))

F. Amendment and Incorporation of Amendments. Business Associate agrees to make Protected Health Information available for amendment and to incorporate any amendments to Protected Health Information in accordance with 45 CFR 164.526. (Ref 164.504(e)(2)(ii)(F))

G. Provide Accounting. Business Associate agrees to document such disclosures of Protected Health Information and information related to such disclosures as would be required by Covered Entity to respond to a request by an Individual for an accounting of disclosures in accordance with 45 CFR 164.528. (Ref 164.504(e)(2)(ii)(G))

H. Access to Books and Records. Business Associate hereby agrees to make its internal practices, books, and records, including policies and procedures, relating to the use or disclosure of Protected Health Information received from, or created or received by Business Associate on behalf of the Covered Entity, available to the Secretary or the Secretary’s designee for purposes of determining compliance with the HHS Privacy Regulations. (Ref 164.504(e)(2)(ii)(H))

I. Minimum Necessary. Business Associate will limit any use, disclosure to the minimum amount necessary to accomplish the intended purpose of the use, disclosure or request in accordance with the requirements of the HHS Privacy Regulations. The Covered Entity may, pursuant to the HHS Privacy Regulations, reasonably rely on any requested disclosure as the minimum necessary for the stated purpose when the information is requested by Business Associate. (Ref. 164.514(d))

J. Return or Destruction of Protected Health Information. At termination of this Agreement, Business Associate hereby agrees to return or destroy, at its expense, all Protected Health Information received from, or created or received by Business Associate on behalf of Covered Entity. Business Associate agrees not to retain any copies of the Protected Health Information after termination of this Agreement. If return or destruction of the Protected Health Information is not feasible, Business Associate agrees to extend the protections of this Agreement for as long as necessary to protect the Protected Health Information and to limit any further use or disclosure. If Business Associate elects to destroy the Protected Health Information, it shall certify to Covered Entity that the Protected Health Information has been destroyed. (Ref 164.504(e)(2)(ii)(I))


K. Security Safeguards. Business Associate agrees to implement administrative, physical and technical safeguards that reasonably and appropriately protect the confidentiality, integrity and availability of the electronic Protected Health Information that it creates, receives, maintains or transmits on behalf of Covered Entity as required by HHS Security Regulations. (Ref 164.314(a)(2)(i)(A))

6. Covered Entity Obligations.

A. Notice of Limitations. Covered Entity shall notify Business Associate of any limitation(s) in its notice of privacy practices of Covered Entity in accordance with 45 CFR 164.520, to the extent that such limitation may affect Business Associate’s use or disclosure of Protected Health Information.

B. Notice of Change or Revocation. Covered Entity shall notify Business Associate of any changes in or revocation of, permission by Individual to use or disclose Protected Health Information, to the extent that such limitation may affect Business Associate’s use or disclosure of Protected Health Information.

C. Notice of Restrictions. Covered Entity shall notify Business Associate of any restrictions to the use or disclosure of Protected Health Information that Covered Entity has agreed to in accordance with 45 CFR 164.522, to the extent that such limitation may affect Business Associate’s use or disclosure of Protected Health Information.

7. Term and Termination.

A. Term. The term of this Agreement shall commence as of__________________, and shall expire when all of the Protected Health Information received from, or created or received by Business Associate on behalf of Covered Entity is destroyed or returned to Covered Entity pursuant to Paragraph 5.J above.

B. Termination for Cause. Business Associate agrees that Covered Entity has the right to immediately terminate this Agreement, and the aforementioned Services Contract, if Covered Entity determines that Business Associate has violated a material term of this Agreement or failed to comply with the HHS Privacy and/or Security Regulations. (Ref 164.504(e)(2)(iii) and 164.314(a)(2)(i)(A))

C. Cure of Breach. The Covered Entity may, but is not obligated, provide an opportunity for Business Associate to cure a breach.

D. Reporting to Secretary. It is acknowledged by the parties that if neither termination nor cure is feasible, the Covered Entity will be required to report the violation to the Secretary. (Ref. 164.504(e)(1)9ii)(B))

8. Notices. Whenever under this Agreement one Party is required to give notice to the other, such notice shall be deemed given if mailed by First Class United States mail, postage prepaid, and addressed as follows:

Covered Entity: Office of Legal AffairsThe University of Toledo Health Science Campus3000 Arlington AvenueToledo, OH 43614-2598

Business Associate: _____________________________________________________________________________________________________________________________________________________________________


Either Party may at any time change its address for notification purposes by mailing a notice stating the change and setting forth the new address.

9. Miscellaneous.

A. Property Rights. The Protected Health Information shall be and remain the property of Covered Entity. Business Associate agrees that it acquires no title or rights to the Protected Health Information, including any de-identified Protected Health Information, as a result of this Agreement.

B. Choice of Law. This Agreement shall be governed by the laws of the State of Ohio and, with respect for purposes of privacy rights, the HHS Privacy and Security Regulations.

C. Regulatory References. A reference in this Agreement to a section of the HHA Privacy and Security Regulations means the section as in effect or as amended.

D. Binding Nature and Assignment. This Agreement shall be binding on the Parties hereto and their successors and assigns, but neither Party may assign this Agreement without the prior written consent of the other which consent shall not be unreasonably withheld.

E. Amendment. The Parties agree to take such action as is necessary to amend this Agreement from time to time as is necessary for Covered Entity to comply with the requirements of the Health Insurance Portability and Accountability Act of 1996 and the rules and regulations promulgated thereunder.

F. Article Headings. The article headings used are for reference and convenience only, and shall not enter into the interpretation of this Agreement.

G. Non-Waiver. Failure by any Party to insist upon strict compliance with any term or provision of this Agreement, to exercise any option, to enforce any right, or to seek any remedy upon any default of the other Party shall not affect nor constitute a waiver of, any Party’s right to insist upon such compliance, exercise that right, or seek that remedy with respect to that default or an prior, contemporaneous, or subsequent default.

H. Counterparts. This Agreement may be executed simultaneously in one or more counterparts, each of which shall be deemed an original, but all of which shall constitute one instrument

I. Severability. With respect to any provision of this Agreement finally determined by a court of competent jurisdiction to be unenforceable, such court shall have the jurisdiction to reform such provision so that it is enforceable to the maximum extent permitted by applicable law. If any provision of this Agreement shall be deemed unenforceable, such provision shall not affect the enforceability of the other provisions of this Agreement, which can be given effect without the unenforceable provision.

J. Survival. All representations, covenants and agreements in or under this Agreement or any other documents executed in connection with the transactions contemplated by this Agreement, shall survive the termination of this Agreement and such other documents.

10. Entire Agreement. This Agreement constitutes the entire agreement between the Parties concerning the subject matter herein. There are no understandings or agreements relating to this Agreement which are not fully expressed in this Agreement and no change, waiver or discharge of obligations arising under this Agreement shall be valid


unless in writing and executed by the Party against whom such change, waiver or discharge is sought to be enforced.

IN WITNESS WHEREOF, Business Associate and Covered Entity have caused this Business Associate Agreement to be signed and delivered by their duly authorized representatives.

BUSINESS ASSOCIATE: THE UNIVERSITY OF TOLEDO:

By: ______________________________________ By:_______________________________________Print Name:________________________________ Print Name:________________________________Title: _____________________________________ Title: _____________________________________


OLA CEM 4/22/08