University of Arkansas at Pine Bluff · University of Arkansas at Pine Bluff Pine Bluff, Arkansas...

35
University of Arkansas at Pine Bluff Pine Bluff, Arkansas 71601 INVITATION FOR BID Issue Date : May 19, 2016 Bid No : UAPB #31 Bid Subject: MINI BLINDS FOR SELECTED RESIDENCE HALLS Bid Opening Date: June 22, 2016 Bid Opening Time: 2:30:00 PM CST Type of Contract: FIRM SUBMIT TO: UAPB Procurement Department BY MAIL: Mail Slot 4979 Messenger: 1200 University Drive Office of Procurement Room 102 Adm. Bldg. Pine Bluff, AR 71601 FOB: UAPB Warehouse 1200 North University Drive Hazzard Gym/Annex Building Pine Bluff, Arkansas 71601 Attention: A. K. Turner, Dir. Materials Management Director’s Phone No. (870)575-8735 Fax No. (870)575-4647 Your bid must be received in the UAPB Procurement Department by or before the bid opening date and time indicated above. Bids must be signed in ink. Unsigned bids will not be considered. The University reserves the right to reject any and all bids received. All bids shall be as specified or an approved equal. Bid envelope should be marked as to bid number, date and hour of bid opening. DELIVERY TIME: I (WE) guarantee to furnish goods/services indicated hereon and to be bound by all specifications, terms, and conditions as stated herein at prices shown. Furthermore, this guarantee shall become part of any contract issued subsequent to award of this invitation for bid. COMPANY NAME: ADDRESS: ZIP: E-MAIL ADDRESS: PHONE NUMBER: FAX NUMBER: DATE: Authorized Signature Typed/Printed Name of Authorized Official Title of Authorized Official

Transcript of University of Arkansas at Pine Bluff · University of Arkansas at Pine Bluff Pine Bluff, Arkansas...

  • University of Arkansas at Pine Bluff Pine Bluff, Arkansas 71601

    INVITATION FOR BID

    Issue Date : May 19, 2016Bid No : UAPB #31 Bid Subject: MINI BLINDS FOR SELECTED

    RESIDENCE HALLS

    Bid Opening Date: June 22, 2016

    Bid Opening Time: 2:30:00 PM CST

    Type of Contract: FIRM

    SUBMIT TO: UAPB Procurement Department

    BY MAIL: Mail Slot 4979

    Messenger: 1200 University Drive Office of Procurement Room 102 – Adm. Bldg. Pine Bluff, AR 71601

    FOB: UAPB Warehouse 1200 North University Drive Hazzard Gym/Annex Building Pine Bluff, Arkansas 71601

    Attention: A. K. Turner, Dir. Materials Management

    Director’s Phone No. (870)575-8735 Fax No. (870)575-4647

    Your bid must be received in the UAPB Procurement Department by or before the bid opening date and time indicated above. Bids must be signed in ink. Unsigned bids will not be considered. The University reserves the right to reject any and all bids received. All bids shall be as specified or an approved equal. Bid envelope should be marked as to bid number, date and hour of bid opening.

    DELIVERY TIME:

    I (WE) guarantee to furnish goods/services indicated hereon and to be bound by all specifications, terms, and conditions as stated herein at prices shown. Furthermore, this guarantee shall become part of any contract issued subsequent to award of this invitation for bid.

    COMPANY NAME:

    ADDRESS:

    ZIP:

    E-MAIL ADDRESS:

    PHONE NUMBER:

    FAX NUMBER:

    DATE:

    Authorized Signature

    Typed/Printed Name of Authorized Official

    Title of Authorized Official

  • University of Arkansas at Pine Bluff

    Standard Terms and Conditions

    1. General: Any special terms and conditions

    included in the Invitation for Bid override

    these standard terms and conditions. The

    standard terms and conditions along with any

    special terms and conditions become part of

    any contract entered in to pursuant to

    acceptance by the University of Arkansas at

    Pine Bluff of any or all parts of a bid

    response.

    2. ACCEPTANCE AND REJECTION: The

    University of Arkansas at Pine Bluff

    reserves the right to accept or reject all or any

    and all bids. Furthermore, the University

    reserves the right to waive minor

    technicalities and to award the bid to best

    serve the interests of the University and the

    State.

    3. CERTIFICATION: By submission of a bid

    response, the bidder certifies that he has read

    all standard terms and conditions and any

    special terms and conditions included in the

    Invitation for Bid and that the bid submitted

    is in accordance therewith.

    4. BID SUBMISSION: Bids must be submitted

    to the University of Arkansas at Pine Bluff

    Procurement Department on the Invitation

    for Bid form, with attachments when

    necessary, on or before the date and time

    specified for bid opening. Failure to use and

    submit the Invitation for Bid form may result

    in rejection of the bid. The envelope should

    be completely and properly identified with

    the bid number and the bid opening date and

    time. Late bids will not be considered under

    any circumstances.

    The bid must be typed or printed in ink.

    Failure to sign the bid where indicated or to

    not sign the bid in ink will disqualify it. The

    person signing the bid should show title or

    authority to bind his firm in a contract.

    In responses to an invitation for bid or a

    request for proposal, your response in no way

    commits UAPB to pay any costs incurred in

    the preparation of that bid or response.

    5. NO BID: If not submitting a bid the bidder

    should respond by marking ‘No Bid” on the

    front of the Invitation for Bid form and

    explaining the reason on the front as well.

    The bidder should then return the form in an

    envelope to the University of Arkansas at

    Pine Bluff Procurement Department on or

    before the bid opening date and time.

    6. PRICES: Bidders must quote FOB

    destination and must bid the unit price. In

    case of errors in extension, unit price shall

    govern. Prices are firm and thus, are not

    subject to escalation unless otherwise stated

    in the Invitation for Bid. Unless otherwise

    specified, the bid must be firm for acceptance

    for thirty (30) days from the bid opening

    date. “Discount from list” bids are not

    accepted unless requested in the bid

    invitation.

    7. TYPE OF CONTRACT: There are two

    basic types of contracts awarded and/or

    administered by the University of Arkansas

    at Pine Bluff Procurement Department.

    A Firm Contract is one entered for the

    purpose of obtaining a fixed number of

    commodities and/or services to be delivered

    immediately upon receipt of award or at such

    other time(s) in such quantities as delineated

    in the contract. Quantities stated on firm

    contracts are actual requirements of the

    University on behalf of the ordering

    department.

    A Term Contract is one entered for the

    purpose of obtaining an estimated number of

    commodities and/or services during a definite

    period of time. The estimated quantities

    stated in the Invitation for Bid are not

    guaranteed, and the University may

  • University of Arkansas at Pine Bluff

    Standard Terms and Conditions

    order more or less than the estimated quantity

    during the contract period. Contract award will

    be made through issuance of a University

    purchase order which will indicate the

    estimated quantities to be ordered along with

    the dollar expenditures. However, the

    Contractor is to make actual delivery only after

    receipt of a purchase order which will

    reference the purchase order number and will

    request a specific number of commodities

    and/or services

    8. BRAND NAME REFERENCES: Any

    catalog brand name or manufacturer’s

    reference used in the bid invitation is

    descriptive only, not restrictive, and is used

    only to indicate desirable type and quality.

    Bids on brands of like nature and quality will

    be considered. If bidding on other than

    referenced specifications, the bidder must

    show on the Invitation for Bid the

    manufacturer, brand or trade name, and any

    other descriptions and should include the

    manufacturer’s illustrations and complete

    descriptions of the product offered. The

    University reserves the right to determine

    whether an alternate offered equals and meets

    the standards of the item specified. The bidder

    may be required to submit additional

    descriptive material and information for the

    purpose of making a determination. By

    submission of a bid, the bidder guarantees that

    the product offered will meet or exceed

    specifications identified in the bid invitation.

    If the bidder takes no exception to

    specifications or reference data set forth in the

    bid invitation, he will be required to furnish the

    product accordingly as specified.

    9. GUARANTY: All items bid shall be new or

    newly manufactured, in first class condition, of

    latest model and design, to include where

    applicable containers suitable for shipment and

    storage. The bidder hereby guarantees that

    everything furnished hereunder will be free

    from defects in design, workmanship and

    material and that, if sold by drawing or

    specification or sample, it will conform and

    will serve the function for which it was

    furnished. The bidder further guarantees that,

    if the items furnished hereunder are to be

    installed by the bidder, such items will function

    properly when installed. The bidder also

    guarantees that all applicable laws relating to

    construction, packaging, labeling, and

    registration have been complied with. The

    bidder’s obligations under this paragraph shall

    survive for a period of one (1) year from the

    date of delivery, unless otherwise specified

    herein.

    10. SAMPLES: Samples or demonstrators, when

    requested, must be furnished free of expense to

    the University. If samples are not destroyed

    during reasonable examination, they will be

    returned to the bidder, if requested, within ten

    (10) days following the bid opening at the

    bidder’s expense. All demonstrators will be

    returned after reasonable examination. Each

    sample should be marked with the bidder’s

    name and address, bid number, and item

    number.

    11. TESTING PROCEDURES FORSPECIFICATIONS COMPLIANCE: Tests

    may be preformed on samples or

    demonstrators submitted with the bid or on

    samples taken from regular shipment. In the

    event tested products fail to meet all conditions

    and requirements of the specification, the cost

    of the sample used and the reasonable cost of

    the testing shall be borne by contract vendor.

    12. AMENDMENTS: A bid cannot be altered or

    amended after the bid opening except as

    permitted by regulation.

    13. DELIVERY: The invitation for Bid should

    show the number of days to place a commodity

    in a designated University location under

    normal conditions, UAPB Procurement

    reserves the right to extend delivery on an

    awarded contract if reasons appear valid. If the

    delay is not acceptable, UAPB may buy

    elsewhere, and any

  • University of Arkansas at Pine Bluff

    Standard Terms and Conditions

    additional cost will be borne by the contract

    vendor.

    No substitutions or cancellations are permitted

    without written approval of the UAPB

    Procurement Department. Delivery should

    be made during normal work hours 8:00 a.m.

    to 5:00 p.m. (CST) Central Standard Time.

    Packing memoranda should be enclosed with

    each shipment. Vendor must include the cost

    and responsibility for inside delivery.

    14. STORAGE: The University of Arkansas at

    Pine Bluff will be responsible for storage if the

    contractor delivers within the time required

    and UAPB cannot accept delivery.

    15. DEFAULT: All commodities furnished will

    be subject to inspection and acceptance by the

    University of Arkansas at Pine Bluff after

    delivery. For those defaults due to backorders,

    promised delivery, quality problems, late

    delivery, warranty performance, or other

    factors within the control of the vendor, the

    Agency Procurement Official (APO) will

    notify the bidder of the default. If, after

    notification of default, and the bidder fails to

    remedy the situation in the time specified, the

    APO, in order to achieve the greatest economy

    for UAPB, may at its option, cancel a contract

    or any portion thereof and reasonably purchase

    the commodity elsewhere and charge full

    increase of cost, if any, to the defaulting

    contractor. The contractor must give written

    notice of default issues to the APO and the

    corrective action being taken to remedy the

    situation.

    Consistent failure to meet delivery without a

    valid reason may result in removal from the

    bidders’ list or suspension of eligibility for

    award. In order to achieve the greatest

    economy, UAPB may at it’s option, choose the

    next qualified bidder as determined through the

    evaluation process, re-advertise for bids,

    negotiate a purchase, or complete any other

    action consistent with the procurement laws.

    16. VARIATION IN QUANTITY: The

    University of Arkansas at Pine Bluff

    assumes no liability for commodities

    produced, processed, or shipped in excess of

    those quantities specified on the UAPB

    purchase order. The University will accept

    no “free” items or items that are not

    expressly requested on the face of the

    purchase order.

    17. INVOICING: The contract vendor shall be

    paid upon completion of all the following (1)

    submission of an original and two copies of a

    properly itemized invoice showing both the bid

    number and purchase order numbers (2)

    delivery and acceptance of all commodities,

    and (3) proper and legal processing of the

    invoice by all necessary state agencies.

    Invoices must be sent to the UAPB

    CONTROLLER – Box 4984.

    18. STATE PROPERTY: Any specifications,

    drawings, technical information, dies, cuts,

    negatives, positive, data, or any other

    commodity furnished to the contractor

    hereunder or in contemplation hereof or

    developed by the contractor for use hereunder

    shall remain property of UAPB and the State

    and shall be kept confidential, used only as

    expressly authorized, and returned to UAPB at

    the contractor’s expense. Commodities must

    be properly identified by description when

    returned. Payment shall be withheld pending

    receipt of the same.

    19. PATENTS OR COPYRIGHTS: The

    contract vendor agrees to indemnify and hold

    the University of Arkansas at Pine Bluff

    harmless from all claims, damages, and costs,

    including attorney’s fees, arising from

    infringement of patents or copyrights.

    20. ASSIGNMENTS: Any contract entered into

    pursuant to the Invitation for Bid is not

    assignable nor the duties thereunder delegable

    by either party without the written consent of

    the other party of the contract.

  • University of Arkansas at Pine Bluff

    Standard Terms and Conditions

    21.OTHER REMEDIES: In addition to the

    remedies outlined herein the contractor and

    the University of Arkansas at Pine Bluff

    have the right to pursue any other remedy

    permitted by law or in equity.

    22. LACK OF FUNDS: The University of

    Arkansas at Pine Bluff may cancel a contract

    to the extent funds are no longer available for

    expenditures under said contract. Any

    delivered but unpaid goods will be returned in

    normal condition to the contractor by the

    University. If the University is unable to return

    the commodities in normal condition and there

    are no funds legally available to pay for the

    goods the contractor may file claim with the

    Arkansas Claims Commission. If the

    contractor has provided services and there are

    no funds legally available to pay for the

    services, the contractor may file claim also.

    23.DISCRIMINATION: In order to comply with

    the provision of ACT 954 of 1977 relating to

    unfair employment practices, the bidder agrees

    as follows: (a) the bidder will not discriminate

    against any employee or applicant for

    employment because of race, sex, color, age,

    religion, handicap, or national origin; (b) in all

    solicitations, or advertisements for employees,

    the bidder will state that all qualified applicants

    will receive consideration without regard to

    race, color, sex, age, religion, handicap, or

    national origin; (c) the bidder will furnish such

    relevant information and reports as requested

    by the Human Resources Commission for the

    purpose of determining compliance with the

    statue; (d) failure of the bidder to comply with

    the statute; and/or the rules and regulations

    promulgated thereunder and this

    nondiscrimination clause shall be deemed a

    breach of contract, and the contract may be

    cancelled, terminated, or suspended in whole or

    in part; (e) the bidder will include the provisions

    of items (a) through (d) in every subcontract so

    that such provisions will be binding upon such

    subcontractor or vendor.

    24. IRS TAX CERTIFICATION INFOR-

    MATION: The University of Arkansas at

    Pine Bluff is a State Institution. It is an

    organization described in the Internal Revenue

    Code 170(b)(1)(A)(V), in that it is described in

    code 170 ©(1). The University also falls within

    Code 509(a)(1) in that it is an organization

    described in Code 170(b)(1)(A). The taxpayer

    ID # 71601-0030.

    No other IRS certification will be agreed to or

    stated by the University.

    25. ANTITRUST ASSIGNMENT: As part of the

    consideration for entering into any contract

    pursuant to the Invitation for Bid acting herein by

    the authorized individual, its duly authorized

    agent, hereby assign, sells and transfers to the

    University of Arkansas at Pine Bluff all rights,

    title, and interest in and to all causes of action it

    may have under the antitrust laws of the United

    States or this State for price fixing, which causes

    of action have accrued prior to the date of this

    assignment and which relate solely to the

    particular goods or services purchased or

    produced by the University of Arkansas at Pine

    Bluff pursuant to this contract

    26. MINORITY BUSINESS POLICY: It is the

    policy of the State of Arkansas that Minority

    Business Enterprises shall have the maximum

    opportunity to participate in the State Purchasing

    Process. Therefore, the State of Arkansas

    encourages all Minority Businesses to compete

    for, win, and receive contracts for goods,

    services, and construction. Also the State

    encourages all companies to subcontract portions

    of any State contract to Minority Business

    Enterprises.

    .

  • University of Arkansas at Pine Bluff Standard Terms and Conditions

    27. Alternate bids will not be considered, only one(1) bid response will be evaluated.

    28. ETHICAL STANDARDS LAW: Inaccordance with act 483 of 1979, section 7 (A),(B), (C), the following statement must beconspicuously set forth in all contracts andsolicitations costing more than $5,000.00:

    It shall be a breach of ethical standards for a person to be retained, or to retain a person, to solicit or secure a state contract upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee, except for a retention of bona fide employees or bona fide established commercial selling agencies maintained by the contractor for the purpose of securing business.

    29. OTHER AGREEMENTS: There are no other contractural agreements other than what is statedand agreed to between the University ofArkansas at Pine Bluff campus and thesuccessful contractor in this IFB, except forannual renewals.

    TO BIDDER: Any other agreement that the bidder wants signed by UAPB must be included with your bid response package. PLEASE NOTE: Other agreement that conflict with the laws of the State of Arkansas shall require modification and in some cases deletion such sections would include “indemnification and governing laws.” If bidder is unwilling to make such deletions or modifications, no further consideration shall be given to his bid.

    30. PERFORMANCE STANDARDS: Act557 of 2015 enacted by the Arkansas GeneralAssembly requires that contracts includeperformance standards. By acceptance of thisPurchase Order, the Contractor agrees to theperformance of any technical/general services ina professional, comprehensive manner. Thismay include, but not be limited to, ensuringmilestone deadlines are met, and services aredelivered in a professional, comprehensivemanner, consistent with the contracted skilllevel. Any special performance standardsoutlined in any associated contract or agreementto this Purchase Order may be in addition to theabove performance standards.

    31. TECHNOLOGY ACCESS: When pro- curing a technology product or when soliciting the development of such a product, the State of Arkansas is required to comply with the provisions of Arkansas Code Annotated§25- 26-201 et seq., as amended by Act 308 of 2013, which expresses the policy of the State to provide individuals who are blind or visually impaired with access to information technology purchased in whole or in part with state funds. The Vendor expressly acknowledges and agrees that system meets the statutory requirements found in 36 C.F.R. §1194.21, as it existed on January 1, 2013 (software applications and operating systems) and 36 C.F.R §1194.22, as it existed on January 1, 2013 (web-based intranet and internet information and applications), in accordance with the State of Arkansas technology policy standards relating to accessibility by persons with visual impairments.

  • University of Arkansas at Pine Bluff Standard Terms and Conditions

    32. ACCORDINGLY, THE VENDOR EXPRESSLY REPRESENTS AND WARRANTS to the State of Arkansas

    through the procurement process by submission of a Voluntary Product Accessibility Template (VPAT) or similar

    documentation to demonstrate compliance with 36 C.F.R. §1194.21, as it existed on January 1, 2013 (software applications and operating systems) and 36 C.F.R. §1194.22, as it existed on January 1, 2013 (web-based intranet and internet information and applications) that the technology provided to the State for purchase is capable, either by virtue of features included within the technology, or because it is readily adaptable by use with other technology, of:

    - Providing, to the extent required by Arkansas Code Annotated §25-26-201 et seq., as amended by Act 308 of 2013, equivalent access for effective use by both visual and non-visual means;

    - Presenting information, including prompts used for interactive communications, in formats intended for non-visual use;

    - After being made accessible, integrating into networks for obtaining, retrieving, and

    disseminating information used by individuals who are not blind or visually impaired;

    - Providing effective, interactive control and use of the technology, including without limitation the operating system, software applications, and format of the data presented is readily achievable by nonvisual means;

    - Being compatible with information technology used by other individuals with whom the blind or visually impaired individuals interact;

    - Integrating into networks used to share communications among employees, program participants, and the public; and

    - Providing the capability of equivalent access by nonvisual means to telecommunications or other interconnected network services used by persons who are not blind or visually impaired.

    - If the information technology product or system being offered by the Vendor does not completely meet these standards, the Vendor must provide an explanation within the Voluntary Product Accessibility Template (VPAT) detailing the deviation from these standards.

    - State agencies cannot claim a product as a whole is not commercially available because no product in the marketplace meets all the standards. If products are commercially available that meet some but not all of the standards, the agency must procure the product that best meets the standards or provide written documentation supporting selection of a difference product.

    - For purposes of this section, the phrase “equivalent access” means a substantially similar ability to communicate with, or make use of, the technology, either directly, by features incorporated within the technology, or by other reasonable means such as assistive

  • University of Arkansas at Pine Bluff Standard Terms and Conditions

    devices or services which would constitute reasonable accommodations under the Americans with Disabilities Act or similar state and federal laws. Examples of methods by which equivalent access may be provided include, but are not limited to, keyboard alternatives to mouse commands or other means of navigating graphical displays, and customizable display appearance. As provided in Act 308 of 2013, if equivalent access is not reasonably available, then individuals who are blind or visually impaired shall be provided a reasonable accommodation defined in 42 U.S.C. §12111(9), as it existed on January 1, 2013.

    - As provided in Act 308 of 2013, if the information manipulated or presented by the product is inherently visual in nature, so that its meaning cannot be conveyed non-visually, these specifications do not prohibit the purchase or use of an information technology product that does not meet these standards.

  • CONTRACT AND GRANT DISCLOSURE AND CERTIFICATION FORMFailure to complete all the following information may result in a delay in obtaining a contract, lease, purchase agreement, or grant award with any Arkansas State Agency

    Social Security Number Federal ID Number Subcontractor: Subcontractor Name: Taxpayer ID#: or Yes No

    Is This For: Taxpayer ID Name: Goods? Services? Both?

    Your Last Name: First Name: MI : Address:

    City: State: Zip Code: Country:

    AS A CONDITION OF OBTAINING, EXTENDING, AMENDING, OR RENEWING A CONTRACT, LEASE, PURCHASE AGREEMENT, OR GRANT AWARD WITH ANY ARKANSAS STATE AGENCY, THE FOLLOWING INFORMATION MUST BE DISCLOSED:

    F O R I N D I V I D U A L S* Indicate below if: you, your spouse or the brother, sister, parent, or child of you or your spouse is a current or former: member of the General Assembly, Constitutional Officer, State Board or Commission Member, or State Employee:

    Position Held Mark (√) Name of Position of Job Held (senator, representative, name of board/commission, data entry, etc.

    For How Long? What is the person(s) name and how are they related to you? (i.e., Jane Q Public, spouse, John Q. Public, Jr., child, etc)

    Current Former From

    MM/YY To

    MM/YY Person’s Name Relation General Assembly Constitutional Officer State Board or Commission Member State Employee

    None of the above applies F O R A N E N T I T Y (B U S I N E S S )*

    Indicate below if any of the following persons, current or former, hold any position of control or hold any ownership interest to 10% or greater in the entity: member of the General Assembly, Constitutional Officer, State Board or Commission Member, State Employee or the spouse, brother, sister, parent, or child of a member of the General Assembly, Constitutional Officer, State Board or Commission Member, or State Employee. Position of control means the power to direct the purchasing policies or influence the management of the entity.

    Position Held Mark (√) Name of Position of Job Held (senator, representative, name of board/commission, data entry, etc.

    For How Long? What is the person(s) name and how are they related to you? (i.e., Jane Q Public, spouse, John Q. Public, Jr., child, etc)

    Current Former From

    MM/YY To

    MM/YY Person’s Name Relation General Assembly Constitutional Officer State Board or Commission Member State Employee

    None of the above applies

  • CONTRACT AND GRANT DISCLOSURE AND CERTIFICATION FORM

    Failure to make any disclosure required by Governor’s Executive Order 98-04, or any violation of any rule, regulation, or policy adopted pursuant to that Order, shall be a material breach of the terms of this contract. Any contractor, whether an individual or entity, who fails to make the required disclosure or who violates any rule, regulation, or policy shall be subject to all legal remedies available to the agency.

    As an additional condition or obtaining, extending, amending, or renewing a contract with a state agency I agree as follows:

    1. Prior to entering into any agreement with any subcontractor, prior or subsequent to the contract date, I will require the subcontractor tocomplete a CONTRACT AND GRANT DISCLOSURE AND CERTIFICATION FORM. Subcontractor shall mean any person or entitywith whom I enter an agreement whereby I assign or otherwise delegate to the person or entity, for consideration, all, or any part, of theperformance required of me under the terms of my contract with the state agency.

    2. I will include the following language as a part of any agreement with a subcontractor: Failure to make any disclosure required by Governor’s Executive Order 98-04, or any violation of any rule, regulation, or policy

    adopted pursuant to that Order, shall be a material breach of the terms of this subcontract. The party who fails to make therequired disclosure or who violates any rule, regulation, or policy shall be subject to all legal remedies available to the contractor.

    3. No later than ten (10) days after entering into any agreement with a subcontractor, whether prior or subsequent to the contract date, Iwill mail a copy of the CONTRACT AND GRANT DISCLOSURE AND CERTIFICATION FORM completed by the subcontractor and astatement containing the dollar amount of the subcontract to the state agency.

    I Certify under penalty of perjury, to the best of my knowledge and belief, all of the above information is true and correct and that I agree to the subcontractor disclosure conditions stated herein:

    Signature: Title: Date:

    Vendor Contact Person: Title: Phone No:

    Agency Use Only Agency Agency Agency Contact Contract or Number ___________ Name___________________ Contact Person____________ Phone No___________ Grant No._________________

    2-2

  • ILLEGAL IMMIGRANT CERTIFICATION REQUIRED PRIOR TO AWARD

    PROHIBITION AGAINST CONTRACTING WITH ILLEGAL IMMIGRANTS – Acts 157 of 2007.

    Regarding those contracts over $25,000.00 – No state agency may enter into or renew a public contract with a

    contractor who knows that the contractor or a subcontractor employs or contracts with an illegal immigrant to

    perform work under the contract. Certification Required by Contractor prior to award of contract.

    It is the requirement of the Office of State Procurement that prior to an award the contractor must certify on the

    Office of State Procurement’s web site which is www.arkansas.gov//dfa/procurement that his company does not

    employee nor will employee illegal immigrants for this project or service. (MUST BE DONE WITHIN FIVE

    (5) DAYS OF NOTICE)

    Instructions: When the DFA page opens you will see (3) Under Vendor Submit Disclosure Form

    DFA Ark Dept of Finance & Adm -Click on Submit Disclosure Form (1) On the left Click on Procurement (4) Complete Form (2) On the right click on Illegal Immigrant Reporting (5) Submit

    DFA | Office of State Procurement | Illegal Immigrant Certification

    Arkansas Department of Finance & Administration

    Office of State Procurement Search

    DFA Home DFA Offices DFA Online Favorites Taxes Business Child Support State Employees Services

    + = Expandable Menus

    OSP Home

    + Overview

    + General

    + Vendors

    + Agencies

    +

    M&R/Surplus

    State NIGP

    < Back to OSP Overview

    Act 157 of 2007 | Employment of Illegal Immigrants - Prohibition - Certification by

    Contractor

    Description Links

    ACA 19-11-105 Employment of Illegal Immigrants | Certification by Contractor | Regulation PDF DOC

    Employment of Illegal Immigrants | Certification by Bidder | Bid Language

    PDF DOC

    Act 157 of 2007 | An Act to Prohibit State Agencies from Contracting with Businesses that Employ Illegal Immigrants

    PDF

    Vendor Illegal Immigrant Contracting Disclosure Reporting Screen

    WEB

    Agency Screen WEB

    If you need assistance, please contact Sherry Lewis eMail

    http://www.arkansas.gov/dfa/procurementhttp://www.state.ar.us/dfa/index.phphttp://www.state.ar.us/dfa/procurement/pro_index.htmlhttp://www.state.ar.us/dfa/procurement/pro_immigrant.html##http://www.state.ar.us/dfa/procurement/pro_index.htmlhttp://www.state.ar.us/dfa/procurement/pro_immigrant.html##http://www.state.ar.us/dfa/procurement/pro_vendor.html#1bhttp://www.state.ar.us/dfa/procurement/pro_immigrant.html##http://www.state.ar.us/dfa/procurement/pro_vendor.html#vrhttp://www.state.ar.us/dfa/procurement/pro_immigrant.html##http://www.state.ar.us/dfa/procurement/pro_agency.html#6http://www.state.ar.us/dfa/procurement/pro_immigrant.html##http://www.state.ar.us/dfa/procurement/pro_immigrant.html##http://www.state.ar.us/dfa/procurement/pro_immigrant.html##http://www.state.ar.us/dfa/procurement/pro_nigp.htmlhttp://www.state.ar.us/dfa/procurement/pro_index.htmlhttp://www.state.ar.us/dfa/procurement/documents/employ_illegal_reg.pdfhttp://www.state.ar.us/dfa/procurement/documents/employ_illegal_reg.pdfhttp://www.state.ar.us/dfa/procurement/documents/employ_illegal_reg.pdfhttp://www.state.ar.us/dfa/procurement/documents/employ_illegal_reg.dochttp://www.state.ar.us/dfa/procurement/documents/employ_illegal_cert.pdfhttp://www.state.ar.us/dfa/procurement/documents/employ_illegal_cert.pdfhttp://www.state.ar.us/dfa/procurement/documents/employ_illegal_cert.pdfhttp://www.state.ar.us/dfa/procurement/documents/employ_illegal_cert.dochttp://www.state.ar.us/dfa/procurement/documents/act157.pdfhttp://www.state.ar.us/dfa/procurement/documents/act157.pdfhttp://www.state.ar.us/dfa/procurement/documents/act157.pdfhttp://www.state.ar.us/dfa/procurement/documents/act157.pdfhttps://www.ark.org/dfa/immigrant/index.phphttps://www.ark.org/dfa/immigrant/index.phphttps://www.ark.org/dfa/immigrant/index.phphttps://www.ark.org/dfa/immigrant/index.phphttps://www.ark.org/dfa/immigrant/index.phpmailto:[email protected]:[email protected]://www.state.ar.us/dfa/index.php

  • Instructions conti… You are to click on the section that says

    Vendor Illegal Immigrant Contracting Disclosure Reporting Screen.

    The next screen you will see says

    DFA ILLEGAL IMMIGRANT CONTRACTOR DISCLOSURE CERTIFICATION LOGIN (click on

    the right side to open the box that reads: “Submit Disclosure Form”.

    DFA Illegal Immigrant Contractor Disclosure Certification Login

    Agency Login Vendor Submit Disclosure Form

    Are you a vendor and need to submit a disclosure form?

    Submit Disclosure Form

    Forget your password? Click here

    Instructions conti… The opened screen will LOOK LIKE THIS:

    Answer the questions and “Submit”.

    DFA Illegal Immigrant Contractor Disclosure Certification Form

    Navigation : Home >> Certification Form Help

    Note: *Required fields are marked with an asterisk.

    *Vendor Name:

    *Contract Type: Construction

    Bid Number:

    *Disclosure Statement:I do not employ or contract with any illegal immigrant(s).

    *E-mail Address:

    *Select Agency:

    Submit

    THE AGENCY LOGIN BOX IS FOR UAPB – We are required to check this web site to make sure you have certified prior to Purchase Order issue or Contract Award.

    Username:

    Password:

    Login

    https://www.ark.org/dfa/immigrant/index.php/disclosure/submithttps://www.ark.org/dfa/immigrant/index.php/user/forget_passwordhttps://www.ark.org/dfa/immigrant/index.php

  • Form W-9 (Rev. December 2000)

    Department of the Treasury Internal Revenue Service

    Request for Taxpayer

    Identification Number and Certification

    Give form to the requester. Do NOT send to the IRS.

    Plea

    se p

    rint o

    r typ

    e

    Name (See Specific Instructions on page 2.)

    Business name, if different from above. (See Specific Instructions on page 2.)

    Check appropriate box: Individual/Sole proprietor Corporation Partnership Other = Address (number, street, and apt. or suite no.) Requester’s name and address (optional)

    City, state and ZIP code

    Part I Taxpayer Identification Number (TIN) List account number(s) here (optional) Enter your TIN in the appropriate box. For individuals, this is your social security number (SSN). However, for a resident alien, sole proprietor, or disregarded entity, see the Part I instructions on page 2. For other entities, it is your employer identification number (EIN). If you do not have a number, see How To Get a TIN on page 2. Note: If the account is in more than one name, see the chart on page 2 for guidelines on whose number to enter

    Social security number

    OR Part II For Payees Exempt From Backup Withholding (See the instructions on page 2.) Employer identification number

    ► Part III Certification

    Under penalties of perjury, I certify that:

    1. The number shown on this form is my correct taxpayer identification number (or I am waiting for a number to be issued to me), and2. I am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue

    Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that I amno longer subject to backup withholding, and

    3. I am a U.S. person (including a U.S. resident alien).Certification Instructions. - You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all interest and dividends on your tax return. For real estate transactions, item 2 does not apply. For mortgage interest paid, acquisition or abandonment of secured property, cancellation of debt, contributions to an individual retirement arrangement (IRA), and generally, payments other than interest and dividends, you are not required to sign the Certification, but you must provide your correct TIN. (See the instructions on page 2.)

    Sign Here

    Signature of U.S. person ► | Date Date ►

    Purpose of Form. -A person who is required to file an information return with the IRS must get your correct taxpayer identification number (TIN) to report, for example, income paid to you, real estate transactions, mortgage interest you paid, acquisition or abandonment of secured property, cancellation of debt, or contributions you made to an IRA.

    Use Form W-9 only if your are a U.S. person (including a resident alien), to give your correct TIN to the person requesting it (the requester) and, when applicable, to:

    1. Certify the TIN you are giving is correct(or you are waiting for a number to be issued),

    2. Certify you are not subject to backupwithholding, or

    3. Claim exemption from backupwithholding if you are an exempt payee.

    If you are a foreign person, use the appropriate Form W-8. See Pub. 515, Withholding of Tax on Nonresident Aliens and Foreign Corporations.

    Note: If a requester gives you a form other than a W-9 to request your TIN, you must use the requester's form if it is substantially similar to this Form W-9.

    What Is Backup Withholding? - Persons making certain payments to you must withhold and pay to the IRS 31% of such payments under certain conditions. This is called "backup withholding." Payments that may be subject to backup withholding include interest, dividends, broker and barter exchange transactions, rents, royalties, nonemployee pay, and certain payments from fishing boat operators. Real estate transactions are not subject to backup withholding.

    If you give the requester your correct TIN, make the proper certifications, and report all your taxable interest and dividends on your tax return, payments you receive will not be subject to backup withholding. Payments you receive will be subject to backup withholding if:

    1. You do not furnish your TIN to therequester, or

    2. You do not certify your TIN whenrequired (see the Part III instructions on page 2 for details), or

    3. The IRS tells the requester that youfurnished an incorrect TIN, or

    4. The IRS tells you that you are subject tobackup withholding because you did not report all your interest and dividends on your tax return (for reportable interest and dividends only), or

    5. You do not certify to the requester thatyou are not subject to backup withholding under 3 above (for reportable interest and dividend accounts opened after 1983 only).

    Certain payees and payments are exempt from backup withholding. See the Part II instructions and the separate Instructions for the Requester of Form W-9.

    Penalties Failure To Furnish TIN. -If you fail to furnish your correct TIN to a requester, you are subject to a penalty of $50 for each such failure unless your failure is due to reasonable cause and not to willful neglect.

    Civil Penalty for False Information With Respect to Withholding. -If you make a false statement with no reasonable basis that results in no backup withholding, you are subject to a $500 penalty.

    Criminal Penalty for Falsifying Information. - Willfully falsifying certifications or affirmations may subject you to criminal penalties including fines and/or imprisonment.

    Misuse of TINs. If the requester discloses or uses TINs in violation of Federal law, the requester may be subject to civil and criminal penalties.

  • 011201 INVITATION TO BID

    00130-1

    INVITATION TO BID Section 00130

    1. You are invited to bid on a General Contract for MINI BLINDS FOR SELECTED DORM COMPLEXES located on the campus of the University of Arkansas Pine Bluff as herein specified for the Board of Trustees of the University of Arkansas acting for the University of Arkansas at Pine Bluff (UAPB), hereinafter termed Owner. The bids shall be on a lump sum basis.

    2. There will be mandatory Pre-Bid Conference held on June 14, 2016 at 10:00:00 AM CST. Bidders must come to the UAPB Procurement Office, Room 102 in the Administration Building as we will leave here at 10 AM promptly and walk to the installation site for a brief meeting and to see the site. The Owner will not accept a bid from any Bidder failing to attend mandatory meeting(s).] The University reserves the right to schedule additional mandatory meetings, if it determines them to be in its best interests.

    3. Driving Directions from Little Rock to UAPB’s Administration Bldg. to the Procurement Office Coming from Little Rock you will be traveling I-530 South out of Little Rock to…

    Exit 35 and go through three(3) stop lights. At the 4th stop light you will be turning (left on to University Drive). Go through the next stop light you will still be on University heading north to…

    Watson Blvd where you will make a left at the Soccer Field. At the left turn come to the back of the red brick building (The Ronald McNair Program Building).

    At the back of this building you will see the Administration Building. (A cream colored architectural brick building.)

    Visitors Parking will be just across from the 1st 4-Way stop sign to the right. Walk across the back entrance parking lot and come through two sets of double doors and the Procurement Office is the 2nd door on the right, Room #102.

    4. The Owner will receive bids until 2:30 p.m., local time, June 22, 2016. Bids may be mailed or delivered to the UAPB Procurement Department, Room 231 Administration Building, 1200 N. University, Pine Bluff, Arkansas, hereinafter termed UAPB. Bids received after this time will not be accepted. Bids will be publicly opened and read aloud at the time and date mentioned. Interested parties are invited to attend.

    5. A complete set of contract documents may be obtained from the UAPB Office of Procurement.

    6. Obtaining contract documents through any source other than the UAPB is not advisable due to the risks of receiving incomplete or inaccurate information, and the bidder runs the risk of basing bidder’s proposal on such information. The documents obtained through the Architect or his representative(s) are considered the official version and take precedence if any discrepancies occur.

    7. Bid Security in the amount of five percent (5%) of the bid must accompany each bid in excess of $20,000.00 in accordance with the Instructions to Bidders.

    8. Bidders are hereby notified that any bidder who desires to enter into Contract for this work must comply with disclosure requirements pursuant to Governor Executive Order 98-04. Submission to the Owner of completed Disclosure forms will be a condition of the Contract. The Owner cannot enter into any contract, which does not obligate the contractor to require the submission of Disclosure forms for subcontractors.

  • 011201 INVITATION TO BID

    00130-2

    9. Bidders are hereby notified that WAGE DETERMINATIONS ARE NOT APPLICABLE TO THIS PROJECT.

    10. The Owner reserves the right to reject any and all bids, and to waive any formalities.

    11. This invitation does not commit the Owner to pay any cost incurred in the preparation of bids.

    12. Bidders shall conform to the requirements of the Arkansas licensing laws and regulations for contractors, and shall be licensed before his bid is submitted unless the project is federally funded and therefore excepted by Ark. Code Ann. §17-25-315. There shall be only one bid submitted per State Contractors license. Bidders will be required to indicate license number on bid form beneath signature when bidding $ 50,000.00 or more.

    13. Pursuant to Ark. Code Ann. § 22-9-203, the State encourages all small and minority business enterprises to submit bids for capital improvements. Encouragement is also made to all general contractors that in the event they subcontract portions of their work, consideration be given to the identified groups.

    14. EQUAL OPPORTUNITY POLICY Act 215 (SB# 1123) of 2005 of the Arkansas Legislature Upon notification the successful contractor will be required to furnish to UAPB a copy of their company’s “Equal Opportunity Policy” if there bid is over $25,000.

    15. PROHIBITION AGAINST CONTRACTING WITH ILLEGAL IMMIGRANTS- Act 157 of 2007 Regarding those contracts over $25,000- No state agency may enter into or renew a public contract services with a contractor who knows that the contractor or a subcontractor employs or contracts with an illegal immigrant to perform work under the contract. Certification Required by Contractor prior to award of contract.

  • 011201 BID FORM

    00410-1

    BID FORM Section 00410

    Location: Room 102, Administration Bldg. 1200 N. University Pine Bluff, AR 71601 BID FROM: BID TO: University of Arkansas Board of Trustees acting for and on behalf of The University of Arkansas at

    Pine Bluff (UAPB) PROJECT: UAPB #31 – MINI BLINDS FOR SELECTED RESIDENCE HALLS Gentlemen: 1. Having carefully examined the Contract Documents for this project, as well as the premises and all conditions

    affecting the proposed construction, the undersigned proposes to provide all labor, materials, services, taxes and equipment necessary for, or incidental to, the construction of the project in accordance with the Contract Documents within the time set forth, for the lump sum base bid of:

    $ Dollar Amount Is To Be Shown Numerically 2. Allowances: Allowances described in Section 01200 are included in the Bid Price. 3. Unit Prices: If the required quantities of the items listed below are increased or decreased by change order, the unit prices set forth below shall apply to such quantities. Dollar Amount Is to be shown numerically _______________________________: ($ : ($ : ($ : ($ 4. Ark. Code Ann. § 22-9-212 requires the contractor to indicate on this bid form the cost of Trenching Safety

    Systems. FAILURE TO SHOW THIS COST WILL INVALIDATE THE BID. (NOTE THIS COST SHALL BE INCLUDED IN THE ABOVE BASE BID. REFER TO SPECIFICATIONS SECTION 01 526)

    Dollar Amount Is To Be Shown Numerically. 5. Completion Time: Bidder agrees that the work will be substantially complete and ready for final payment in

    accordance with the Contract Documents within 30 consecutive calendar days of the date established in a written notice to proceed.

    6. The undersigned, in compliance with the Contract Documents for the construction of the above named project,

    does hereby declare: a. That the undersigned understands that the Owner reserves the right to reject any and all bids and to waive

    any formality.

  • 011201 BID FORM

    00410-2

    b. That if awarded the Contract, the undersigned will enter into an Agreement, on a form identical to the form included in the Contract Documents and execute required performance and payment bonds within ten (10) days after receipt of the Intent to Award, will commence work within five (5) days after the date of the Notice to Proceed, and will complete the Contract fully within the time for completion as indicated. Should the undersigned fail to fully complete the work within the above stated time, he shall pay the Owner as fixed, agreed and liquidated damages and not as a penalty, the sum of one hundred dollars ($100.00) for each calendar day of delay until the work is completed or accepted.

    c. The undersigned further agrees that the bid security payable to Owner and accompanying this proposal shall become the property of the Owner as liquidated damages if the undersigned fails to execute the Contract or to deliver the required bonds to the Owner within ten (10) days from receipt of the Intent to Award as these acts constitute a breach of the Contractor’s duties.

    d. That this bid may not be withdrawn for a period of sixty (60) days after the bid opening.

    e. The undersigned understands that the Owner's intent is to construct all facilities proposed within the limits established by the funds appropriated for the project.

    f. The names of subcontractors required to be listed by law and this bid document and the nature of the work to be performed by each one have been included on the Bid Form

    g. The undersigned agrees to pay all prevailing hourly wage rates prescribed and mandated by [Ark. Code Ann. § 22-9-301 et. seq., if the bid exceeds $75,000 or the undersigned agrees to pay all prevailing hourly wage rates mandated by the Davis-Bacon Wage Rates] and any other applicable federal regulations.

    h. Bids submitted by a “Joint Venture/Joint Adventure” shall be signed by representatives of each

    component part of the Joint Venture. The licenses of each component part of the Joint Venture shall also be listed in the bid submittal. Therefore, joint venture bidders shall indicate at least two (2) signatures and two (2) license numbers on the Bid Form. Exception: Joint Ventures who have been properly licensed with the Arkansas Contractors Licensing Board as a “Joint Venture” need only to indicate the joint venture license number on the Bid Form. Joint Venture bidders shall indicate at least two (2) signatures on the Bid Form even if they are licensed as a joint venture.

    7. The following documents are attached to and made a condition of this Bid. a. Bid security. b. Listing of Mechanical, Plumbing, Electrical, Roofing / Sheet Metal Subcontractors, as required by

    law, and any other, if required by this document. 8. The undersigned acknowledges receipt of and inclusion as a part of the Contract Documents the following

    addenda: No. Dated No. Dated No. Dated No. Dated

  • 011201 AGREEMENT FORM

    00520-3

    9. LISTING OF MECHANICAL, PLUMBING, ELECTRICAL AND ROOFING SUBCONTRACTORS IN CONJUNCTION WITH ARKANSAS CODE ANN. 22-9-204 ALL MECHANICAL, PLUMBING, ELECTRICAL AND ROOFING/SHEETMETAL SUBCONTRACTORS SHALL BE LISTED REGARDLESS OF QUALIFICATIONS, LICENSURES OR WORK AMOUNT. BIDDERS SHOULD CONSULT THE PROJECT MANUAL ON HOW TO FILL OUT THIS FORM. FAILURE TO NAME THE SUB CONTRACTOR IN THE SPACE PROVIDED SHALL CAUSE THE BID TO BE DECLARED NON-RESPONSIVE AND THE BID WILL NOT RECEIVE CONSIDERATION. Indicate the Name(s), of each entity performing the listed work: MECHANICAL: (Indicative of HVAC) ________________________________________________Lic #_______________________ Is the amount of work $50,000.00 or over: Yes___ No ___ PLUMBING: _______________________________________________ Lic #_________________________ Is the amount of work $50,000.00 or over: Yes___ No ___ ELECTRICAL: (Indicative of wiring and illuminating fixtures) ________________________________________________ Lic #________________________ Is the amount of work $50,000.00 or over: Yes___ No ___ ROOFING AND SHEET METAL (Indicative of roofing applications) _________________________________________________ Lic #_______________________ Is the amount of work $50,000.00 or over: Yes___ No___ Respectfully Submitted: Name of Bidder (Typed or Printed) Address BY: (Signature and Title) Contractor’s Joint Venture License Number(s) or Contractor’s License No. Telephone Number Fax Number ____________________________________________________

    Vendor ID Number Date of Bid

    ___________________________________________________ Federal ID Number or Social Security Number

  • 011201 AGREEMENT FORM

    00520-1

    AGREEMENT FORM Section 00520

    THIS AGREEMENT entered into THIS 22ND DAY OF JUNE 2016 between herein after referred to as the Contractor, and the Board of Trustees of the University of Arkansas acting for the University of Arkansas at Pine Bluff hereinafter referred to as Owner. WITNESSETH: 1. That for and in consideration of the payment by the owner in the amount ($ ) ( ) as set forth in the Contract Documents, the Contractor hereby agrees to furnish all tools, labor, equipment, and materials, and to build and construct that certain project in Jefferson County designated as. Project: UAPB #31 – MINI BLINDS FOR SELECTED RESIDENCE HALLS the Contract Documents attached hereto and incorporated herein by reference. Contract Documents include the following: the Agreement Form (this instrument); the Invitation to Bid; Instruction to Bidders; Bid Form; all Addenda; Performance and Payment Bond; General and Supplementary Conditions; Drawings and Specifications, Drawings listed in the Specifications; Notice to Proceed; and Change Orders. All construction shall be in exact accord with the Contract Documents filed with the UAPB Procurement Department located in Pine Bluff, Arkansas. The Owner shall have direct contract supervision. Said construction shall be to the satisfaction of the Owner and the Design Professional, and in accordance with the laws of the State of Arkansas, and the work shall be subject to inspection and approval at all times by the Owner, the Design Professional, appropriate state and federal agencies. 2. Owner may at any time during the progress of the work alter, change, subtract from, or add to said Contract Documents without violating this Agreement or the terms thereof. Said changes, alterations, subtractions, or additions shall be set forth in writing in a document referred to as a “Change Order.” Said document shall not be effective unless approved by the Owner and the Design Professional. Once effective, the Change Order shall be attached hereto and incorporated herein by reference and shall be made a condition or term of the Contract Documents. 3. The Contractor agrees, for the consideration set forth in the Bid Form, to begin work within FIVE (5) DAYS AND COMPLETE WITHIN DAYS hereafter of the Notice to Proceed. If the Contractor fails to complete the work within the time limit herein specified, he shall pay to the Owner, as liquidated damages and not in the nature of a penalty, the sum specified in the Bid Form of for each calendar day delayed, it being understood and agreed between the parties hereto that the said sum fixed as liquidated damages is a reasonable sum, considering the damages that Owner will sustain in the event of any such delay, and said amount is herein agreed upon and fixed as liquidated damages because of difficulty of ascertaining the exact amount of damages that may be sustained by such delay. The said sum shall be deducted from the final amount of estimate due the Contractor. 4. Should Contractor be delayed in the execution or completion of the work by the act, neglect or default of the Owner, or by any damage by fire, weather conditions or other casualty or event for which the contractor is not responsible, or by general strikes or lockouts caused by acts of employees, then any extended period shall be determined and fixed by the Owner. Said extended period shall be the time for a period equivalent to the time lost by reason of any or all of the causes aforesaid, but no such allowance shall be made unless a claim therefore is presented in writing to the Owner within seven calendar days of the occurrence of the event causing the delay.

  • 011201 AGREEMENT FORM

    00520-1

    5. It is mutually agreed between the parties that in the performance of this contract, Contractor is acting independently and in no sense as Agent of the State or the Owner. Contractor shall not let, assign, or transfer this contract or any interest therein, without the written consent of the Owner. 6. It is agreed and understood between the parties hereto that the Contractor shall accept and the Owner will pay for the work, at the prices stipulated in the Contract Documents, such payment to be in the form of legal tender, and the payment shall be made at the time and in the manner set forth in the Contract Documents. 7. Any laborer or mechanic employed by the Contractor or any Subcontractors for this project, directly on site for the work covered by the Contract Documents, shall be paid a rate of wages required by the Contract Documents. If the Owner discovers that wages less than the rate of wages specified by the Contract Documents have been or are being paid, then the Owner, after giving written notice to the Contractor, will terminate the Contractor’s right to proceed with the project work or such part of the work as to which there has been a failure to pay the required wages and to prosecute the work to completion by contract or otherwise, and the Contractor and his sureties shall be liable to the Owner for any excess costs occasioned thereby. 8. Contractor shall promptly repair, at his own expense and to the satisfaction of the Owner damage done by him or his employees or agents at the work site, or to the public property or buildings, or both, and will save the Owner harmless from all claims of any person for injury to person or to property occasioned by his act, or the acts of his employees or agents, while in the execution of the work specified. 9. The Owner may terminate this agreement to the extent Owner’s funds are no longer available for expenditures under this agreement. 10. Failure to make any disclosure required by Governor’s Executive order 98-04, or any violation of any rule, regulation, or policy adopted pursuant to that Order, shall be a material breach of terms of this contract. Any contractor, whether an individual or entity, who fails to make the required disclosure or who violates any rule, regulation, or policy shall be subject to all legal remedies available to the Agency. a) The contractor shall prior to entering any agreement with any subcontractor, for which the total consideration is greater than $25,000 require the subcontractor to complete a Contract and Grant Disclosure and Certification Form. The contractor shall ensure that any agreement, current or future between the contractor and a subcontractor for which the total consideration is greater than $25,000 shall contain the following: Failure to make any disclosure required by Governor Executive Order 98-04, or any violation of any rule, regulation or adopted pursuant to that Order, shall be a material breach of the term of this subcontract. The party who fails to make the required disclosure or who violates the rule, regulation, or policy shall be subject to all legal remedies available to the contractor. b) The Contractor shall, within ten days of entering into any agreement with a subcontractor, transmit to the UAPB Procurement Office, a copy of the Contract and Grant Disclosure and Certification Form completed and signed by the subcontractor and a statement containing the dollar amount of the subcontractor. c) The terms and conditions regarding the failure to disclose and conditions which constitutes material breach of contract and rights of termination and remedies under the Executive Order 98-04 are hereby incorporated within. 11. Nothing in this Contract shall be construed to waive the sovereign immunity of the STATE OF ARKANSAS or any entities thereof.

  • 011201 AGREEMENT FORM

    00520-1

    Executed by the parties who individually represent that each have the authority to enter into this Contract. CONTRACTOR BY: ________________________________________________________

    TITLE: ADDRESS: DATE: Current Ark. Contractor’s License No. If over $20,0000___________________________ Name: WITNESS: Affix Corporate Seal (if any) Address: Board of Trustees of the University of Arkansas acting for the University of Arkansas at Pine Bluff BY:______________________________________________

    Vice President of Administration

    DATE:____________________________________________

    END OF DOCUMENT

  • OTHER MANDATORY REQUIREMENTS

    1. It is the intent of the University of Arkansas at Pine Bluff to contract with a single

    vendor bidding “all or none” to provide Blinds and installation for the Human

    Science Building here on the UAPB campus as is herein specified.

    2. All blinds shall be with standard controls tilt wands and draw cords.

    3. Acceptable brands for bid shall be Graber, Lavolor, Bali and any other brands of the same quality which have been prior approved by the Agency Procurement Official

    at the Mandatory site visit.

    4. ALTERNATES - There is to be NO SUBSTITUTE in the specifications of the blinds as herein listed, however, alternate brands will be considered. Any brand

    names herein listed are for specification purposes only, not as a statement of

    preference.

    If your brand is not as specified, you must bring your brand and sample, all with

    specifications to the mandatory site visit for approval as an equal.

    5. INSTALLATION LOCATIONS See attached listings. The color shall be True White. The color shall be the same as

    the old blinds to be taken down.

    6. REMOVAL OF OLD BLINDS In those locations where blinds currently exists, contractor will be responsible for

    removal of the same and stacking in a neat pile in the corner of the hall on the floor

    from which they were removed. Be sure to identify a cost factor on the bid

    Breakdown sheet for removal. UAPB will remove the old blinds from the building.

    7. MEASUREMENTS Bidders are required to take their own measurements. Successful awardee must

    provide product sufficient to complete this job. All prices quoted shall be “firm

    fixed.” Any references herein to quantity are approximations only. After the site visit,

    no other areas can be added or deducted without prior approval of the Director of

    Procurement.

    8. Prospective bidders shall submit one (1) bid response only, no multiple bid packages will be considered.

    9. AWARD This bid will be awarded to the most responsible and responsive low bidder who bids

    “all or none” for the entire project, as specified and who can deliver and install in the

    time requested.

  • 10. EXPRESS WARRANTY

    The whole of the good shall conform to the sample, models, or whatever is prior

    approved for delivery on the face of the purchase order. Your signature on this IFB

    herein, warrants this. There shall be no changes in what will be installed. It must be

    exactly as stated in your response. If acceptable, prior to the issuing of the purchase

    orders.

    11. This will be a Prime Contractor project. UAPB will make no payments to

    subcontractors or other laborers, separately. This must be a turn-key job with all

    costs included.

    12. CONTRACTOR OWNED EQUIPMENT

    The University takes no responsibility for contractor owned equipment and supplies

    used in the fulfillment of this project. We would advise you to give care and attention

    to safeguarding these at all times both during and after working hours.

    13. In addition to the mailing or messenger address, the outside of the bid envelope must

    be clearly marked to identify this a bid.

    14. FLOOR SCARRING AND SCRATCHING DURING INSTALLATION AND

    DE-INSTALLATION OF BLINDS

    Please note the condition of the floors in each dorm during the mandatory pre-bid

    conference and site visit. Blinds that are pulled or dragged across the floor during

    installation and de-installation can severely damage and mar the floor surface.

    Contractor must transport the blinds at all points with rolling equipment to prevent this

    damage. Contractor may be subject to a negotiated percentage of invoice deduction

    for non-compliance with this request.

  • DETAILED COST SHEET

    THIS SHEET MUST BE COMPLETED ALSO AND RETURNED WITH THE OTHER REQUIRED RETURN DOCUMENTS

    GRAND TOTAL: All Mini Blinds with installation, etc. $__________

    BREAKDOWN OF THE ABOVE COST

    All Mini Blinds (all locations) $__________

    Installation Cost $__________

    Removal of Existing Blinds $__________

    Tax $__________

    Labor $__________

    Other (explain) $__________

    All cost for which the University will be billed must be included above.

    Have you seen the job site? _______ _______

    Yes No

    Brand Bid________________________________________________

    Patten Number and Color Bidding__________________ _________________

  • 011201 INSTRUCTIONS TO BIDDERS

    00200-1

    INSTRUCTIONS TO BIDDERS Section 00200

    1. BIDDING DOCUMENTS. Bidders may obtain complete sets of Contract Documents from issuing office

    designated in the Invitation to Bid. Complete sets of Contract Documents must be used in preparing bids; neither Owner nor Design Professional assume responsibility for errors or misinterpretations resulting from the use of incomplete sets of Contract Documents. Obtaining Contract documents through any source other than the Design Professional listed in the Invitation to Bid is not advisable due to the risks of receiving incomplete or inaccurate information, and the bidder runs the risk of basing bidder’s proposal on such information. The documents obtained through the Design Professional or his representative(s) or the UAPB Procurement Office are considered the official version and take precedence if any discrepancies occur. The fact that documents used for bidding purposes are named “contract documents “does not diminish in any way the right of the Owner to reject any and all bids and to waive any formality.

    2. EXAMINATION OF DRAWINGS, SPECIFICATIONS AND SITE OF WORK. Bidder shall examine the

    Contract Documents and visit the project site of work. Bidder shall become familiar with all existing conditions and limitations under which the Work is to be performed, and shall base bid on items necessary to perform the Work as set forth in the Contract Documents. No allowance will be made to Bidder because of lack of such examination or knowledge. The submission of a Bid shall be construed as conclusive evidence that the Bidder has made such examination.

    3. INTERPRETATION OF CONTRACT DOCUMENTS DURING BIDDING. 3.1 All references to the Owner shall be interpreted to mean the University of Arkansas Board of Trustees acting

    for and on the behalf of the University of Arkansas at Pine Bluff (UAPB). 3.2 If any person contemplating submitting a Bid is in doubt as to the true meaning of any part of the Contract

    Documents or finds discrepancies in or omissions from any part of the Contract Documents, he may submit to the Design Professional a written request for an interpretation or correction thereof not later than five (5) calendar days before Bid opening. In those instances where a Design Professional is not involved with the project, written requests for interpretation or correction may be made to the UAPB Procurement Department within the time frame stated above.

    3.3 Address all communications regarding the Contract Documents to the uapb Procurement Department,

    Room 231 Administration Building, 1200 N. University Drive. Pine Bluff, Arkansas 71601 Phone (870-575-8735) or Fax # 870-575-4647. Attn: Kay Turner, Dir. of Procurement.

    3.4 Interpretation or correction of the Contract Documents will be made only by Addendum and will be mailed,

    faxed or delivered to each Bidder of record by the Design Professional; and in those instances where a Design Professional is not involved the UAPB Procurement Department shall distribute Addenda in the above referenced manner. The Owner will not be responsible for oral explanations or interpretation of the Contract Documents.

    3.5 Addenda issued during the bidding period will be incorporated into the Contract Documents. 4. SUBSTITUTIONS. 4.1 Materials, products, and equipment described in the Contract Documents establish a standard of required

    function and a minimum desired quality or performance level, or other minimum dimensions and capacities, to be met by any proposed substitution. Acceptability of substitutions will not be considered during bidding period.

    4.2 In some cases, prior approval of material or equipment, or both shall be obtained from Owner in order to

    obtain the desired color, size, visual appearance, and other features specified.

  • 011201 INSTRUCTIONS TO BIDDERS

    00200-2

    5. TYPE OF BID. 5.1 The Work under this Contract will be awarded under a stipulated sum contract to the lowest responsible

    base bid amount. No segregated bids or assignments will be considered. Bids are to include all labor, materials, equipment, sales tax, social security tax, State Unemployment Insurance and all other like items necessary to complete this project.

    5.2 Any estimate of quantities is approximate only and shall be the basis for receiving unit price bids for each

    item, but shall not be considered by the Bidder as the actual quantities that may be required for the completion of the proposed work. Bidder shall state a unit price for every item of work named in the Proposal. Bidder shall include, in the unit prices, furnishing of labor, materials, tools, equipment, and apparatus of every description to construct, erect, and finish the Work. The unit price bid for the items shall be shown numerically and in the appropriate spaces provided on the Bid Form. Such figures shall be clear and distinctly legible so that no question can arise as to their intent or meaning. Unit price bids and totals shown in the Bid Form shall not include costs of engineering, advertising, printing and appraising.

    6. PREPARATION OF BID. Bid shall be made on an unaltered Bid Form identical to the form included with

    the Contract Documents. Fill in all blank spaces and submit one original. Bids shall be signed with name typed below the signature. Where Bidder is a corporation, bids shall be signed with the legal name of the corporation followed by the name of the state of incorporation, contractor’s license number issued by the Contractors Licensing Board, and the signature of an authorized officer of the corporation.

    6.1 Bids submitted by a “Joint Venture/Joint Adventure” shall be signed by representatives of each component

    part of the Joint Venture. The licenses of each component part of the Joint Venture shall also be listed in the bid submittal. Therefore, joint venture bidders shall indicate at least two (2) signatures and two (2) license numbers on the Bid Form. Exception: Joint Ventures who have been properly licensed with the Arkansas Contractors Licensing Board as a “Joint Venture” need only to indicate the joint venture license number on the Bid Form. Joint Venture bidders shall indicate at least two (2) signatures on the Bid Form even if they are licensed as a joint venture.

    7. BID GUARANTEE AND BONDS. 7.1 Each bid proposal shall include a bid security in the amount of five percent of the total bid offered, if the

    bid is in excess of $20,000.00. The bidder will be required to submit a bidder’s deposit, which includes enclosing a cashiers check payable to the order of the OWNER drawn upon a bank or trust company doing business in Arkansas or by a corporate bid bond in an amount equal to five (5) percent of the bid. The bidder shall include in the bid the bid bond amount so that the bid represents the total cost to the Owner of all work included in the contract.

    7.2 The bid bond shall indemnify the Owner against failure of the Contractor to execute and deliver the contract

    and necessary bond (Performance and Payment Bond) for faithful performance of the contract. The bid bond shall provide that the contractor or surety must pay the damage, loss, cost and expense subject to the amount of the bid security directly arising out of the Contractor’s default in failing to execute and deliver the contract and bonds.

    7.2 Owner will have the right to retain the bid security of bidders to whom an award is being considered until the

    Contract has been executed and bonds if required, have been furnished, or until specified time has elapsed so that bids may be withdrawn, or all bids have been rejected.

    7.3 Should Bidder fail to enter into a contract and furnish the required bonds and insurance certificates within

    _10__ days after receipt of Intent to Award, the bid guarantee will be forfeited to the Owner as liquidated damages.

    8. PERFORMANCE AND PAYMENT BOND. Performance and Payment Bonds are not required for bids

    $20,000.00 or under, except for roofing projects. For work exceeding $20,000.00, the bidder shall furnish a

  • 011201 INSTRUCTIONS TO BIDDERS

    00200-3

    Performance and Payment Bond in the amount equal to 100 percent of contract price, on a form identical to the Arkansas Statutory Performance and Payment Bond Form included with the Contract Documents as security for faithful performance of the Contract and payment of all obligations arising thereunder within ten days after receipt of the Intent to Award. The bond shall be written by a surety company qualified and authorized to do business in the State of Arkansas. The bond shall be executed by a resident local agent licensed by the State Insurance Commissioner to represent the surety company. The bond shall be written in favor of the Owner. Bidder shall file the bond with the Circuit Clerk in the county where the Work is to be performed. Failure to deliver said bonds, as specified, shall be considered as having abandoned the Contract and the bid security will be retained as liquidated damages. The bidder shall include in the bid the Performance and Payment bond amount so that the bid represents the total cost to the Owner of all work included in the contract.

    9. SUBCONTRACTORS. Name of principal subcontractors shall be listed where indicated on the Bid Form

    in accordance with Ark. Code Ann. § 22-9-204 and the contract documents. All prime contractors, as a condition to perform construction work for and in the State of Arkansas, shall use no other subcontractors when the subcontractor’s portion of the project is $20,000.00 or more, except those qualified and licensed by the Contractors Licensing Board in Mechanical (HVAC), Plumbing, Electrical and Roofing.

    A bidder should request clarification from the Design Professional (or from UAPB Procurement Department, if no Design Professional exists for the project), if the bidder determines a type of work (mechanical –indicative of HVAC; electrical – indicative of wiring and illuminating fixtures; plumbing; roofing and sheetmetal work - indicative of roofing application) is a component of the project, but space has not been provided on the bid form for the listing of such or if the bid form lists a type of work that is not a component of the project. Clarification should be made in accordance with Instruction 3.2.

    9.1 For those bids where the listed subcontract work is $20,000.00 or more, the prime contractor must make

    a decision as to which subcontractor he intends to use. The prime contractor shall place the names of each subcontractor and indicate whether the amount of the listed work is $20,000.00 or more in the space provided on the Bid Form. The prime contractor may use his own forces to do the listed work, however, if the listed work is $20,000.00 or more, the prime contractor must be qualified and licensed by the Arkansas Contractors Licensing Board to perform the listed work. Once the prime contractor determines his own forces will be used, he shall place his name, and indicate in he space provided on the Bid Form whether the amount of the listed work is $20,000.00 or more. Failure to complete the form correctly shall cause the bid to be declared non-responsive, and the bid will not receive consideration.

    9.2.1 In the event the amount of the listed subcontract work is below $20,000.00, the Prime Contractor shall place

    the names of the person or firm performing the work and indicate in the space provided on the Bid Form whether the listed work is under $20,000.00.

    9.2.2 It shall be mandatory that any subcontractors listed in (A) – (D) on the Bid Form by the Prime Contractor is

    awarded a contract under Ark. Code Ann. § 22-9-204. Prime Contractors who submit a bid listing unlicensed subcontractors or use unlicensed subcontractors on a state project or any subcontractor not licensed by the Contractors Licensing Board who perform work having a value of $20,000.00 or more on a state project are subject to a civil penalty, after notice and hearing, of not less than $250.00 nor more than $500.00 and may be suspended from bidding on state projects. In the event that one (1) or more of the subcontractors named by the prime contractor in his successful bid thereafter refuse to perform his contract or offered contract, the prime contractor may substitute another subcontractor, after having obtained prior approval from the design professional, and the owner.

    9.3. License Requirement

    a. No person shall perform work on the contract without possessing an Arkansas State License for the work they are performing from the appropriate governing Board. Apprentice shall be appropriately supervised according to the State governing Boards requirements.

  • 011201 INSTRUCTIONS TO BIDDERS

    00200-4

    b. All licensed craftsmen shall have a copy of their licenses with them and shall be required to provide it to the Owner ( or his designee) upon request.

    9.4 Pursuant to Ark. Code Ann. § 22-9- 404, the Bidder may require listed subcontractors (mechanical,

    plumbing, electrical and roofing/sheet metal) whose bid to the Contractor exceeds $50,000.00 to provide a Performance and Payment Bond to the Bidder.

    10. SUBMITTAL. Submit bid on the Bid Form in an opaque, sealed envelope. Identify the envelope with:

    project name and number, name of Bidder, and Arkansas Contractors License number; only one bid shall be submitted per State Contractors license number. Submit bids in accordance with the Invitation to Bid. All blanks on the form shall be filled out in ink or be typewritten. Erroneous entries, alterations, and erasures shall be lined out, initialed by the Bidder, and the corrected entry inserted on the Bid Form. Only those bids submitted on Owner supplied forms as found in these documents will be accepted.

    10.1 PROPRIETARY INFORMATION. All bid information, proposals, forms, briefs, sales brochures, etc. will

    become property of the Owner when submitted with a bid. All bid documents submitted by the bidder shall be available for public inspection after the bid opening. Proprietary pages and documents required to be submitted with bid must be clearly marked as such.

    11. MODIFICATION AND WITHDRAWAL. Bidder may withdraw bid at any time before bid opening and may

    resubmit up to the date and time designated for receipt of bids. No bid may be withdrawn or modified after time has been called for the bid opening. Oral modifications to bids will not be considered. Bidder may submit written modifications to bid in writing, by telegraph, or by facsimile at any time prior to the expiration of the bidding time and date and shall so word the modification(s) as to not reveal the amount of the original bid. Telegraph or facsimile modifications shall require written confirmation over the Bidder's signature within 24 hours after bid opening.

    12. DISQUALIFICATION OF BIDDERS. The Owner shall have the right to disqualify bids (before or after

    opening), which includes but is not limited to, evidence of collusion with intent to defraud or other illegal practices upon the part of the Bidder, to reject a bid not accompanied by the required bid security or by other data required by the Contract Documents, or to reject a Bid which is in any way incomplete or irregular.

    13. LATE BIDS. Late bids, bids en route, bids left at a location other than the Office of Procurement by special

    carrier or other will not be considered. Bids must be in the Office of Procurement by or before the time as indicated on the Invitation to Bid

    14. APPLICABLE LAWS. 14.1 Labor. Contractors employed upon the work will be required to conform to the labor laws of the State of

    Arkansas and the various acts amendatory and supplementary thereto, and to all the laws, regulations, and legal requirements applicable thereto.

    14.2 Discrimination. Bidder shall not discriminate against any employee, applicant for employment, or

    subcontractor as provided by law. Bidder shall be responsible for ensuring that all subcontractors comply with federal and state laws and regulations related to discrimination. Upon a final determination by a court or administrative body having proper jurisdiction that the Bidder has violated state or federal laws or regulations, the Owner may impose a range for appropriate remedies up to and including termination of the Contract.

    14.3 Taxes. Bidder shall include in the bid all state sales tax, social security taxes, state unemployment

    insurance, and all other items of like nature. It is the intent that the bid shall represent the total cost to the Owner of all work included in the contract. There are no provisions for a contractor to avoid taxes by using

  • 011201 INSTRUCTIONS TO BIDDERS

    00200-5

    the tax exempt number of a state agency, board, commission or institutions. Said taxes shall be included in the bid price.

    14.4 State licensing laws for Contractors. 14.5 Disclosure. Potential Bidders are hereby notified that any bidder who desires to enter into a contract not

    exempted from the disclosure requirements, that disclosure is a condition of the Contract and that the Owner cannot enter into any such contract for which disclosures are not made and the language of paragraphs a, b, and c below will be included in the body of any contract awarded.

    Potential Bidders are hereby notified that:

    a. Disclosure is required to be a condition of any present or future subcontract for which the total consideration is greater than twenty-five thousand dollars ($25,000.00).

    b. The Contractor shall require any present or future subcontractor, for which the subcontract amount is

    greater than $25,000.00, to complete and sign the Contract and Disclosure and Certification. The contractor shall ensure that any agreement, current or future between the contractor and a subcontractor for which the total consideration is greater than $25,000.00 shall contain the following:

    Failure to make any disclosure required by Governor Executive Order 98-04, or any violation of any rule, regulation or adopted pursuant to that Order, shall be material breach of the term of this subcontract. The party who fails to make the required disclosure or who violates the rule, regulation, or policy shall be subject to all legal remedies available to the contractor.

    c. The Contractor shall transmit a copy of the subcontractor’s disclosure form to the agency and a statement containing the dollar amount of the subcontract within ten (10) days upon receipt of subcontractor’s disclosure.

    Note: A copy of the “Contract and Grant Disclosure and Certification Form” is included at the end

    of this division. 14.6 Minority Participation: Pursuant to Ark. Code Ann. § 22-9-203, the Owner and the State of Arkansas

    encourage all small and minority owned businesses to submit bids for capital improvements. Encouragement is also made to all general contractors that in the event they subcon