January 04, 2018 INVITATION TO QUOTE To whom this may concern: We are seeking quotes on Spring Athletic Supplies 2018 (Quote #3802/3640). We expect to purchase the goods by February 16, 2018 with delivery expected by March 16, 2018 to our warehouse location (1075 Grofftown Road, Lancaster, PA 17602). Please quote the lowest prices at which you will furnish these supplies, delivered F.O.B. School District of Lancaster, PA. (Quote should include all costs including any shipping and handling charges delivered to the School District of Lancaster). THIS IS NOT TO BE CONSTRUED AS A PURCHASE ORDER. Please read all terms and conditions in this document. Please sign the following and return to me as specified and by the requested date: Quote form Non-Collusion Affidavit A separate list of all items quoted (spreadsheet form) along with the manufacturer and part/model #; must also indicate if this is an alternate or not from the items that SDOL has included on the bid. Please U.S. Mail (no faxes accepted) your original, signed Quote Form, Non-Collusion Affidavit, and Quote Deposit by 5:00 PM EST on Tuesday, January 30, 2018 to me at the following address (Opening of Quotes will be 1/31/18 at 2:00 PM EST): Drew Schenk Purchasing Manager School District of Lancaster, 251 S. Prince Street, 3 rd Floor, Lancaster, PA 17603 Line item bid entries are to be entered on-line as directed (same due date) in the email you received with these documents. If you have any questions regarding this request for quotation, please do not hesitate to contact me via email (ajschenk@lancaster.k12.pa.us) or at 717-291-6133. Thank you. Sincerely, Drew Schenk Drew Schenk, Purchasing Manager Drew Schenk, Purchasing Manager 1020 Lehigh Avenue Lancaster, PA 17602 www.lancaster.k12.pa.us ajschenk@lancaster.k12.pa.us P: 717.291.6133 F: 717.396.6844
Conditions and Instructions 1. Legal Conditions a. The School District of Lancaster reserves the right to waive informalities and to accept any quote or to reject any part of all quotes. b. The School District of Lancaster reserves the right to increase or decrease the quantities, to omit any item or items, or to select single items for any quote. c. No bidder may withdraw his/her quote for a period of ninety (90) days after the date set for the opening thereof. d. No rights shall accrue to any person submitting a quote or proposal until such quote has been accepted and contract awarded and such contract finally and completely executed in writing. e. The successful bidder shall not assign the performance of the contract nor any portion thereof, to others without the express consent, in writing, from the School District of Lancaster. f. In the event that the successful bidder fails to furnish any materials ordered on the basis of the proposal, within forty-five (45) days of the date of the purchase order, the School District is authorized and empowered to purchase articles in conformity with this contract from such successful bidder, or to cancel this contract reserving to itself, nevertheless, all rights for damage which may be incurred by the Board. g. All applicable laws shall be deemed to be part of these specifications and the contract shall be read and enforced as though they were included. h. If any quote is accepted, the contract shall consist of the invitation to quote, the conditions and instructions, the schedule of items applicable to this quote, the general quote requirements, the completed quote form and certification of bidder along with any revisions, clarifications, error correction notices, and explanatory notes issued prior to quote opening, and the applicable purchase order(s). In the case of differing or contradictory contract language, the language providing the greatest benefit to the School District shall take precedence. Exclusive jurisdiction and venue for any dispute relating to any matters pertaining to any quote (or to any contract resulting from any quote) shall be in the Court of Common Pleas of Lancaster County Pennsylvania; and any such dispute shall be governed by the laws of the Commonwealth of Pennsylvania, without regard to conflicts-of-law rules. 2. Quote Conditions a. Samples or descriptive materials plainly marked with the name of bidder of items requested must accompany the sealed quote only in cases where the bidder is submitting an alternate to items specified. Failure to submit required samples may disqualify the quote. Samples will be returned only at the request of the bidder, and at his/her expense. b. The successful bidder agrees to furnish and deliver the specified products at such times, at such places, and in quantities as herein specified, and that all products shall be subject to the inspection and approval of the person(s) appointed by the School District who will have full power and authority to reject any or all products which are not in strict compliance and conformity with the specifications, or equal in every respect to the sample submitted. www.lancaster.k12.pa.us
1. In the event that any of the said products shall be rejected as unsuitable, or not in conformity with specifications, the bidder shall promptly remove such rejected items, at the School District s request and at the bidder s expense, and the bidder shall promptly furnish such products of proper quality as set forth in these specifications in place thereof at the expense of the bidder. c. The successful bidder agrees that in the event that the School District has accepted and paid for a shipment of a specified item(s), but shall discover upon opening at a later date that the item(s) does not conform to specifications and/or other quality standards of the sample(s) herewith, the bidder shall promptly remove such rejected items, at the School District s request and at the bidder s expense, and the bidder agrees to replace promptly any or all of the quantity rejected with products that meet specifications and/or conform to standards of the sample(s) without extra charge to the School District. d. Should the bidder default in the performance of the foregoing paragraph, or not satisfy the delivery requirements stated above, the School District may procure such property or services from other sources in any manner permitted by law and shall have the absolute right to deduct from any monies due to the bidder, or that may thereafter come due to the bidder, the difference between the contract price and the actual cost of the property or services to be replaced or substituted. The price paid by the School District in such event shall be the prevailing market price at the time the substitute purchase is made, or in the event that it is necessary to seek quotes for such property or service, the amount of the successful quote. e. Purchase orders will be placed with successful bidders within ninety (90) days of the date set for the receipt of quotes, and all quotes must remain valid during such 90-day period. f. Each bidder shall provide, upon the School District s request, documentation that it has the experience, qualifications and financial ability to perform any contract awarded to the bidder. 3. Instructions to Bidders a. Line item bid entries are to be entered on-line as directed in the email you received with these documents. Quote forms and documents are to be mailed as instructed on the first page of this Invitation to Quote. b. Quote entries shall show all prices requested. Should figures be irreconcilable, the unit price shall govern and awards will be made on this basis. c. Quote prices shall include all charges including delivery at the destination called for in these specifications. Prices shall also include all discounts. d. Delivery shall be made at the destination called for within the time indicated on the quote, unless otherwise specified, or agreed to by both the buyer and seller. All deliveries shall be made between the hours of 7:00 a.m. and 2:00 p.m., Monday through Friday, or as individually specified. No Saturday deliveries will be accepted. Forty-eight (48) hours prior notice of shipment is required. e. A Non-Collusion Affidavit must be filled out, signed, and notarized by all Bidders. www.lancaster.k12.pa.us
SCHOOL DISTRICT OF LANCASTER 251 S. PRINCE STREET, 3 RD FLOOR LANCASTER, PA 17603 QUOTE FORM Quote No: 3802/3640 Quote Name: Spring Athletic Supplies (2018) Due Date: Tuesday, January 30, 2018 at 5:00 PM EST Board of School Directors: I, or we, the undersigned, hereby propose and agree to furnish to the School District of Lancaster, any or all of the items at the quoted price and in accordance with specifications, conditions, and instructions as listed herein. COMPANY NAME ADDRESS TELEPHONE (Include Area Code) FAX (Include Area Code) EMAIL AUTHORIZED SIGNATURE (PRINT NAME OF SIGNATURE) TITLE DATE www.lancaster.k12.pa.us
SCHOOL DISTRICT OF LANCASTER INSTRUCTIONS FOR NON-COLLUSION AFFIDAVIT 1. This Noncollusion Affidavit is material to any contract awarded pursuant to this bid. According to the Pennsylvania Antibid-Rigging Act, 62 Pa.C.S. 4501 et seq. (formerly 73 P.S. 1611 et seq.), governmental agencies may require Noncollusion Affidavits to be submitted together with bids. 2. This Noncollusion Affidavit must be executed by the member, officer or employee of the bidder who makes the final decision on prices and the amount quoted in the bid. 3. Bid-rigging and other efforts to restrain competition, and the making of false sworn statements in connection with the submission of bids, are unlawful and may be subject to criminal prosecution. The person who signs the Affidavit should examine it carefully before signing and assure himself or herself that each statement is true and accurate, making diligent inquiry, as necessary, of all other persons employed by or associated with the bidder with responsibilities for the preparation, approval, or submission of the bid. 4. In the case of a bid submitted by a joint venture, each party to the venture must be identified in the bid documents, and an Affidavit must be submitted separately on behalf of each party. 5. The term complementary bid as used in the Affidavit has the meaning commonly associated with that term in the bidding process, and includes the knowing submission of bids higher than the bid of another firm, any intentionally high or noncompetitive bid, and any other form of bid submitted for the purpose of giving a false appearance of competition. 6. Failure to file an Affidavit in compliance with these instructions will result in disqualification of the bid. A statement that the bidder has been convicted or found liable for an act prohibited by state or federal law in any jurisdiction involving conspiracy or collusion with respect to bidding on any public contract within the last three years does not prohibit Owner from accepting a bid or awarding the Contract to such bidder but may be a ground for consideration on the question whether Owner should decline to award the Contract to such bidder on the basis of a lack of responsibility. SDL-BO-32 Page 1 of 1 Rev. 9/2/15
SCHOOL DISTRICT OF LANCASTER NON-COLLUSION AFFIDAVIT State of : Bid No. County of : : ss. I state that I am of [title] and that I am authorized [name of firm] to make this affidavit on behalf of my firm, and its owners, directors, and officers. I am the person responsible in my firm for the price(s) and the amount of this bid. I state that: (1) The price(s) and amount of this bid have been arrived at independently and without consultation, communication or agreement with any other contractor, bidder or potential bidder. (2) Neither the price(s) nor the amount of this bid, and neither the approximate price(s) nor approximate amount of this bid, have been disclosed to any other firm or person who is a bidder or potential bidder, and they will not be disclosed before bid opening. (3) No attempt has been made or will be made to induce any firm or person to refrain from bidding on this contract, or to submit a bid higher than this bid, or to submit any intentionally high or noncompetitive bid or other form of complementary bid. (4) The bid of my firm is made in good faith and not pursuant to any agreement or discussion with, or inducement from, any firm or person to submit a complementary or other noncompetitive bid. (5), its affiliates, [name of firm] subsidiaries, officers, directors and employees are not currently under investigation by any governmental agency and have not in the last three years been convicted or found SDL-BO-33 Page 1 of 2 Revised 9/2/15
liable for any act prohibited by State or Federal law in any jurisdiction, involving conspiracy or collusion with respect to bidding on any public contract, except as follows: I state that understands and [name of firm] acknowledges that the above representations are material and important, and will be relied on by School District of Lancaster in awarding the contract(s) for which this bid is submitted. I understand and my firm understands that any misstatement in this affidavit is and shall be treated as fraudulent concealment from School District of Lancaster of the true facts relating to the submission of bids for this contract. [Signature] [Name and Company Position] Sworn to and subscribed before me This day of, 20. Notary Public My Commission Expires: SDL-BO-33 Page 2 of 2 Revised 9/2/15